Tuesday, May 11, 2010

Ramsey Correctional TB Outbreak - Legal Outcome.

Many of us have been following the legal fallout from an outbreak of TB at the Ramsey County (USA) Correctional facility in 2008. 


In summary a group of inmates were exposed to an inmate with Active TB and were therefore put at risk of contracting TB. The central claim was that the authorities did not properly test the infected inmate, thus creating the unsafe environment.


Today, we receive news that the case has been settled as a class action with the total cost to the (self insured) County of anything up to $10m.


The settlement would cover inmates who were at the workhouse between April 17, 2008, and June 9, 2008. After the infected inmates came forward, the county sought out people who were there during that time and offered to test them for the disease. About 170 former inmates tested negative, while 93 tested positive for latent infection and seven tested positive for active TB. Nearly 200 more people need to be tested.

Former inmates who have active TB will receive one-time payments of $250,000 and free annual checkups. There's also a process where they could get up to an additional $250,000 if complications arise related to the original diagnosis.
People with latent TB would get one-time cash payments of $54,300 if they show they have completed treatment. Those who don't go through the drug treatment would receive $44,300. Annual checkups would be free. If someone with latent TB develops the active form of the disease, the payment would increase to $200,000.

A further $14m lawsuit by the originally infected inmate remains unresolved, as yet. 


It seems that in the wake of the original outbreak, the authorities were spurred into action.


WHEREAS, The Ramsey County Public Health Department has been doing the testing for both outbreaks for inmates and staff, and it is now necessary to contract with another agency to assist in the testing. Ramsey County Community Corrections intends to contract with an agency to conduct the testing on employees; and
WHEREAS, TB investigations are time sensitive and the next round of testing must take place at the end of June 2009, and there is not enough time to do a formal Request for Proposals process; Now, Therefore, Be It
RESOLVED, The Ramsey County Board of Commissioners approves an Agreement with Multicare Associates, for the period of June 16, 2009 through December 31, 2010, payable at the rate of $16.00 per person per Mantoux test and $82.00 per person per QuantiFERON test with a trip charge of $80.00 per day, in a an amount not to exceed $15,000 per year for 2009 and 2010;
One would have to suspect that many other Counties, Correctional Facilities and, in fact, many other authorities would be paying very close attention to the outcome that has arisen from this situation. The inescapable conclusion is that these facilities have a legal responsibility to screen their employees and inmates for TB in both a timely and effective manner. To not do so opens them up to significant legal outcomes.



3 comments:

  1. Forrest, seems we still have a ways to go when they approve $16.00 per person per Mantoux test and $82.00 per person per QuantiFERON test, somewhat surprisingly constrained by a $15.000 annual budget which is a small fraction of the compensation they are up for.

    With both tests approved:

    a) One wonders how they decide which one to use; and
    b) It's a damn shame that the CDC Guidelines have not be published yet despite having been with the publisher for several months now.

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  2. Actually Errol, the way I read the numbers would favour using the Quantiferon test.

    TST = $16 + (2 trips @$80 = $160) = $176 total

    Quantiferon = $82 + (1 trip @$80) = $162 total

    Because the TST would require two trip charges, Quantiferon would be cheaper.

    Maybe I am not understanding correctly?

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  3. Or Ray perhaps you are cleverer than me.

    I hadn't factored in the 2 trips.

    Thanks

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