Inmate's 'proof' rejected in colitis med mal complaint

Steve Gonzalez Jan. 18, 2007, 1:56am

Carl Gallo (IL DOC)

An inmate serving 75 years for a 1989 Chicago murder filed a medical malpractice suit in federal court claiming doctors at the Menard Correctional Center prescribed him an over the counter medication instead of a more expensive prescription medication and also required him to take the medicine on an empty stomach.

Carl Gallo claims he suffers from ulcerative co1itis and was suffering from blood in his stool seven-to-10 times per day, according to a suit filed Jan. 12 in U.S. District Court in East St. Louis.

He claims a staff doctor called him a "liar" when he complained of his symptoms and then allegedly told him that he was an "inmate" not a "patient."

Gallo claims after being called a liar, he took the doctor "proof" and then claims the doctor became rude and upset and denied the proof.

He also claims that in April 2004 he asked the medical staff to prescribe him Prevacid instead of an over-the-counter medication he was already taking because it caused more blood in his stool.

Gallo claims he filed grievances but they were denied because the medical staff refused to provide him effective medical treatment for monetary reasons.

Gallo claims his constitutional rights were violated because the medical staff "intentionally and with reckless disregard to his serious medical needs refused to schedule daily medication as prescribed to be administered causing him bodily harm."

He also claims the staff "intentionally with reckless disregard to Gallo's serious medical needs repeatedly denied adequate treatment causing him pain and bodily harm."

"Although each of the Defendants knew they were violating Gallo's constitutional rights as alleged herein, none of the Defendants intervened or attempted to prevent the other Defendants from continuing their unconstitutional conduct," Gallo's handwritten complaint states.

He claims he has suffered actual injury, pain and damages as well as violations of his civil and constitutional rights.

Gallo is asking the court to award him compensatory and punitive damages in the amount of $5 million, costs and to appoint him counsel with reasonable attorney's fees.

The case has been assigned to District Judge Michael Reagan.

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