Government Allegedly Refused Cancer Treatment for Immigrant
By: Gerri L. Elder
A federal judge in California has ruled that the family of a deceased illegal immigrant may go forward with a lawsuit against the federal government. The family of Francisco Castaneda claims that he was denied medical treatment for cancer while he was held in immigration detention centers for 11 months.
Castaneda was 36 years old when he died on February 16 after suffering from penile cancer. After being released from the immigration detention center, doctors had amputated his penis in an attempt to stop the cancer from spreading, but it was too late.
The New York Times reports that in the lawsuit filed by Castaneda's family, it is alleged that while he was in custody, government medical personnel and immigration authorities ignored Castaneda's complaints about multiple lesions and severe pain. The family alleges that Castaneda was told that government doctors saw no reason for him to undergo surgery and that he was eventually released because the government did not want to pay for his necessary medical treatment.
U.S. District Judge Dean Pregerson of Los Angeles ruled that there was strong evidence that government doctors who saw Castaneda deliberately misdiagnosed his medical conditions in order to refuse him care and save money. Judge Pregerson stated that if true, the conduct of the medical staff at the immigration detention center was "beyond cruel and unusual."
Judge Pregerson's ruling will allow Castaneda's family to go forward with their lawsuit against the government doctors for allegedly violating his constitutional rights. They will also be allowed to ask the jury to award punitive damages in the case although lawyers for the government had argued that federal law limits damages to $250,000 and does not provide for a jury trial.
Castaneda entered the country illegally with his mother when he was ten years old. They fled to the United Stated from El Salvador due to a civil war. In 2005 he was convicted of possession of methamphetamine and spent eight months in jail. After serving his time he was released to immigration authorities and was held in immigration detention centers in San Diego and San Pedro. During this time, he waited for hearings regarding his claim for political asylum while deportation proceedings against him were pending.
The lawsuit alleges that a doctor first noticed a growth on Castaneda's penis in December 2005 before he was transferred to the immigration detention facilities. The family claims that the doctor ordered further tests, but they were never performed. During his incarceration and subsequent imprisonment at the immigration detention centers, Castaneda's condition became worse and he developed multiple lesions and was in constant pain. According to the lawsuit, government doctors and U.S. Immigration and Customs Enforcement (ICE) officials refused medical staff recommendations for a biopsy and surgery.
The lawsuit quotes government records and states that doctors were aware of Castaneda's family history of cancer, but described a biopsy as an elective procedure and declined a cancer specialist's recommendation that Castaneda undergo a biopsy to determine if he was suffering from cancer. As the cancer progressed, it was noted in Castaneda's medical records that he needed to "be patient and wait." When health service officials noted that Castaneda was experiencing discharges from his lesions, their recommendation was that he receive a clean pair of boxer shorts each day.
In late January 2007, a doctor finally ordered that Castaneda have a biopsy and advised that he was probably suffering from cancer. ICE then immediately released Castaneda rather than have the government pay for his treatment. He later had the biopsy and amputation at a county hospital but the medical treatment came too late to save his life.
In issuing his ruling that Castaneda's family may go forward with the lawsuit, Judge Pregerson said that the man's family will be allowed to seek punitive damages if the allegations are true that Castaneda was a victim of medical malpractice and that he had his constitutional rights intentionally violated.