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BERNIER v. ALLEN

No. 21-5083.

38 F.4th 1145 (2022)

Jean-Gabriel BERNIER, Appellee v. Jeff ALLEN, Chief Physician, FBOP, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2022.

Attorney(s) appearing for the Case

Edward Himmelfarb , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Brian M. Boynton , Acting Assistant Attorney General, and Barbara L. Herwig , Attorney.

Theodore A. Howard argued the cause and filed the brief for appellee.

Opinion concurring in the judgment filed by Senior Circuit Judge Silberman.

The Federal Bureau of Prisons cured inmate Jean-Gabriel Bernier's chronic Hepatitis C with pathbreaking and costly drugs. Bernier contends that he should have been treated earlier, within weeks of a new medical consensus recommending the drug even for patients like him in stable and non-life-threatening stages of the disease...

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