4-8-2013 New Jersey:A prison medical provider must face claims that it waited over a year to diagnose a sexually violent predator with level 2 melanoma, a federal judge ruled.
Michael Hasher has been committed to New Jersey's Special Treatment Unit as a sexually violent predator since 2004. Correctional Medical Services (CMS), a private company, provided medical care there until Oct. 1, 2008.
Hasher claims that CMS personnel have treated him for such chronic conditions as dizziness, hearing difficulty, blurry vision and weakness since February 2007. At that time, Hasher allegedly reported a black growth on his left temple to Dr. Ahab Gabriel, who was supervised by Dr. Herbert Smyczek, the CMS medical director.
Hasher claimed that CMS nevertheless ignored the warning signs until an outside dermatologist, described only as Dr. Manhong in the complaint, diagnosed him on sight with level 2 melanoma in April 2008. He said a biopsy report later confirmed, the diagnosis with depth of invasion of at least 0.5 mm.
On May 20, an ear, nose and throat specialist, Dr. Sadeq Razvi, recommended that Hasher undergo plastic surgery with a wide excision. Dr. Shar, as he is described in the complaint, removed the quarter-size melanoma at St. Francis Hospital on July 7. He allegedly said that Hasher's history of dizziness and ear problems could be a result of metastasis to the brain and recommended an MRI and CAT scan.
Hasher then filed a federal complaint against Correctional Medical Services, Drs. Gabriel and Smyczek, as well as the New Jersey Department of Corrections' former commissioner, George Hayman, and the Special Treatment Unit's former administrator, Bernard Goodwin, for delaying his medical treatment for over a year. Hasher sought a temporary restraining order or preliminary injunction.
