An inmate filed a 42 U.S.C. 1983 claim in 2014 seeking damages for mental anguish and humiliation, impairment of reputation, out of pocket losses, pain and suffering, emotional distress, impairment, and loss of quality of life related to the prescribed usage of Zyprexa at Northern Nevada Correctional Center. FDA documented risk of elevated blood sugar levels when taking this medication. Client asserts he was physically forced to take the medication and that he was given this medication without knowledge of the risks and without access to warning listed on the label, resulting in diabetes and complications of diabetes. The complaint was initially dismissed and the inmate appealed it to the 9th Circuit. It was remanded to allow him to amend the complaint and give him an opportunity to add any Americans with Disabilities Act and 14th Amendment claims. He amended the complaint and added the additional claims and the Defendants motioned for a rescreening of the complaint. The motion was granted and the First Amended Complaint was dismissed, but the inmate was given an opportunity to file a Second Amended Complaint. He is seeking counsel through the Federal Pro Bono Program. Next Deadline(s): Second Amended Complaint is due 60 days after the Notice of Appearance.
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