A 58-year-old inmate with asthma and COPD claims a healthcare provider within a Sumter County state prison has been ignoring his requests for inhalers, resulting in numerous asthma attacks and a “serious” worsening of his health.
George Miller filed the lawsuit in the United States Court for the Middle District of Florida against Centurion of Florida in June. Centurion provides healthcare services to inmates at the Sumter Correctional Institution, which is a state prison located in Bushnell. That facility is operated by the Florida Department of Corrections.
Miller, who claims he has been asthmatic since birth and that he suffers from Chronic Obstructive Pulmonary Disease (COPD), says Centurion has violated his right “to receive medical care in violation of the Eighth Amendment to the United States constitution.”
According to the complaint, Miller uses albuterol inhalers (“Xopenex”) in order to treat his asthma “several times a day and night.” He says he keeps his inhaler with him at all times because when he goes into “respiratory distress,” he could “die or have other serious medical problems.”
In 2021, Miller says his right lung “spontaneously collapsed when he did not have a Xopenex inhaler to relieve his respiratory distress,” causing him to be hospitalized. He says he did not have an inhaler because Centurion “refused to replace/refill his inhaler based upon their 90-day refill policy.”
Upon returning from that hospital stay, Miller claims he was sent to a pulmonologist in south Florida and, after several visits, he was diagnosed with “advanced chronic obstructive pulmonary disease with moderately Severe Chronic Bronchitis, with significant dyspnea on exertion positive pulmonary limitations.”
This year, on April 17, Miller claims he was seen by an “unknown medical provider by Zoom, at which time” he was told that his yearly prescription for Xopenex was changed from “30 day refills back to 90 day refills.”
On April 30, Miller says he was seen by the same provider on behalf of Centurion and was denied his request to be returned to 30-day refills. According to the complaint, Miller was told to leave after suggesting that a pulmonologist would “know better about how to use” Xopenex than a doctor.
The complaint alleges that the doctor’s notes from that visit on April 30 show that Miller’s COPD had “been getting worse.”
Miller says he last received a refill of his Xopenex on May 16. He claims that Centurion has a policy to refill Xopenex every 90 days and that he is not scheduled to receive another refill “until October 11, 2025, which is beyond a three month period.”
Miller alleges that the instructions that accompany the inhaler state it has “200 metered inhalations” and provides instructions to use “1-2 puffs every 4 to 6 hours.”
“Based on Centurion’s prescription – if Xopenex is to be used at a minimum of 8 puffs in a 24 hour period, then the inhaler will only last approximately 25 days, leaving plaintiff with 65 days without a rescue inhaler,” reads the complaint.
On June 3, Miller says he was asked about his “asthma attacks, breathing treatments, and prior 30-day refills” by medical staff. He claims notes from that meeting show that alternative solutions were being sought, including reeducating Miller about “correct use” of his device to avoid “overuse of inhalers.” At the time, he requested to be returned to 30-day refills.
On June 12, after complaining about shortness of breath, Miller says he once again “filed a request to medical for” an inhaler and was told “per the provider, Xopenex inhaler will only be prescribed 1 inhaler every 90 days.”
On June 18, Miller reported that he was sick and reported to health services. He claims that staff “began belittling” him and “threatening him because of the filing of grievances, numerous requests, and having family and prisoner organizations call, all attempting to get him help in attaining a Xopenex inhaler.” He claims he was accused of “lying to staff, and told that he had never received an inhaler every 30 days and that Centurion only provides an inhaler every 90 days.”
On June 23, Miller reported to the pharmacy complaining about shortness of breath and, once again, requested an inhaler. At the time, he was told by staff that he would not be provided with an inhaler and that his request had been denied by “the regional medical director.”
Miller says that every time he has experienced “shortness of breath” or “asthma attacks, respiratory distress, tightness of his chest” and does not have an inhaler, he “must report to the prison medical department and get treatment by medical staff” due to the lack of an inhaler. He claims he must regularly receive breathing treatments two times a day because he is unable to have and use an inhaler for his conditions.
“Centurion is refusing to provide medication that is standard treatment for asthma and COPD patients, refilling their needed life saving, rescue inhaler every 30 days. As a medical provider, Centurion knows or should have known that without the proper medication, plaintiff will suffer and continue to suffer medical consequences,” reads the complaint.
Miller closes his complaint by suggesting that the lack of an inhaler has made him “physically ill” and that he regularly experiences symptoms ranging from “mild discomfort” to “life-threatening conditions.” He claims he has experienced panic attacks, pain similar to a heart attack, difficulty breathing, profuse sweating, dizziness, and general weakness.
Miller is seeking a relief in the form of an immediate examination by an “independent pulmonary physician,” 30-day refills, and $60,000 in compensatory and punitive damages.
Although the lawsuit was originally filed in the court’s Tampa division, it has since been transferred to the Ocala division.