Federal Judge Deals Stunning Blow to U.S. Government in Former Prison Inmate Valley Fever Case

LOS ANGELES, Aug. 29, 2011 /PRNewswire/ -- In an unexpected ruling, the Honorable Gary Allen Feess, a U.S. District Central California judge, found in the Plaintiff's favor last Thursday when the law firm of Feldman & Wallach defeated the U. S. Government's motion to dismiss, as well as a motion for summary judgment, in their client's case: Arjang Panah vs. United States of America.

Panah, a former inmate at the Taft Correctional Institution in Kern County, California, incarcerated for drug-related offenses, contracted an incurable and potentially fatal disease, Valley Fever. This recent ruling allows for the case against the U.S. Government to move forward, a case that alleges the government was negligent when prison officials knowingly exposed Panah to Coccidiodomycosis ("Valley Fever") when he was transferred to the Taft prison in March of 2005.

According to a declaration filed by attorney Ian Wallach, the CDC (Center for Disease Control) was asked to evaluate and make recommendations for the treatment of 88 inmates who had been diagnosed with Valley Fever in 2003 and 2004 at the Taft prison. However, no prison officials disclosed that information to Panah, nor did they advise him of measures to prevent getting the disease. At trial in January, 2012, Feldman & Wallach will argue that Panah had fallen ill shortly after being transferred to Taft from another prison facility, and suffers to this day from the incurable disease.

Despite his constant fight against this grave illness, Panah was able to earn both a masters and PhD while in prison. Panah was released in 2008. Wallach stated, "Our client served his time. He should have been given the opportunity to get on with a normal life; however, during his incarceration, and also since Mr. Panah's release, he has continued to suffer debilitating symptoms." Feldman commented, "We intend to seek justice. We are grateful that the court ruled our case will have the opportunity to go to trial."  Feldman added, "In some measure, justice was served today when the judge denied the U.S. Government's request to dismiss the case by asserting sovereign immunity."

Wallach says that he and Feldman will continue on with the discovery process in order to prepare for the trial.  Wallach stated, "Mr. Panah will now have his day in court."

Based in Venice, California, Feldman & Wallach is a boutique civil litigation and criminal defense law firm serving individuals and businesses throughout Southern California.

SOURCE Feldman & Wallach