Winston & Strawn Wins Compensatory and Punitive Damages for Asthmatic Prisoner Denied an Inhaler

More than five years after being denied use of his daily asthma inhaler, our client finally received legal relief following a jury trial in which he was awarded $5,000 in compensatory damages and $7,000 in punitive damages.

In 2016, our client, an inmate at the Pontiac Correctional Center and a life-long asthmatic who had used an inhaler for decades, was inexplicably denied a refill for his inhaler. He immediately submitted a medical request for a new inhaler but was once again denied a refill. Only after he suffered an asthma attack and was taken to urgent care was his prescription reinstated, and he has not had another asthma attack since.

Our client sued the medical staff at the Pontiac Correctional Center for deliberate indifference to his serious medical need. In August, following several setbacks and delays due to the COVID-19 pandemic, our client finally had his day in court and received the justice he sought and deserved. 

“After a two-year delay in getting to trial and then listening to defense counsel tell jurors essentially that his claim was just not a big deal, it was validating for our client to get not only a favorable verdict but also punitive damages,” said Chicago Associate Whitney Adams.

The Winston team that worked on this matter included Chicago Associate Whitney Adams and Trial Technician Rudy Radic.

Learn more about Winston’s commitment to excellence in pro bono here.