United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-3029 ___________________________ Michael Postawko; Christopher Baker; Michael C. Jamerson lllllllllllllllllllllPlaintiffs - Appellees v. Missouri Department of Corrections; Corizon LLC; Trinidad Aguilera; John Williams; FNU Stamps; Thomas Pryor; FNU Proctor; FNU Hardman; FNU Davison; Paul Jones; FNU Stieferman; T. Bredeman; Julie Fipps; FNU Cofield; FNC Rucker; Jamie Campbell; Dawn Baker; Geeneen Wilhite; Adrienne Hardy; Bonnie Boley; Amanda Yates; Julie LNU; J. Doe; Anne Precythe, in her official capacity as Director of the Missouri Department of Corrections lllllllllllllllllllllDefendants - Appellants ------------------------------ The Arc of the United States; Center for Children’s Law and Policy; Judge David L. Bazelon Center for Mental Health Law; Disability Rights Arkansas, Inc.; Human Rights First; Impact Fund; National Disability Rights Network; National Immigrant Justice Center; National Juvenile Defender Center; Missouri Protection & Advocacy Services; Lawyers’ Committee for Civil Rights Under Law lllllllllllllllllllllAmici on Behalf of Appellee(s) _____________ Appeal from United States District Court for the Western District of Missouri - Jefferson City ____________ Submitted: September 27, 2018 Filed: December 6, 2018 ____________ Before WOLLMAN, KELLY, and ERICKSON, Circuit Judges. ____________ ERICKSON, Circuit Judge. Michael Postawko, Christopher Baker, and Michael Jamerson sought class certification for their claims alleging that the Missouri Department of Corrections (“MDOC”) and various related defendants violated the Eighth Amendment and Title II of the Americans with Disabilities Act (“ADA”) by providing inadequate medical screening and care for chronic Hepatitis C (“HCV”) viral infections. In particular, they claim the MDOC’s policies expose the class to a substantial risk of serious harm. The district court1 granted class certification. We granted the Defendants’ Fed. R. Civ. P. 23(f) petition for interlocutory appeal of the grant of class certification, and now affirm. I. Background Postawko, Baker, and Jamerson (the Named Plaintiffs) are each incarcerated in the MDOC. They filed an action asserting that they received inadequate medical care for their HCV infections and sought class certification. The following facts were contained in the Plaintiffs’ Second Amended Complaint. HCV is a viral infection that can cause liver damage and other extremely serious side effects. Those who contract HCV may suffer inflammation of the liver, known as hepatitis. In turn, those with hepatitis may suffer significantly impaired liver functioning. A decrease in liver 1 The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. -2- function may result in symptoms such as severe pain, fatigue, difficulty or pain with urination, and an increased risk of heart attacks. HCV may be either acute or chronic. While some acute HCV infections are resolved naturally, others develop into chronic HCV. Individuals suffering from chronic HCV develop fibrosis of the liver, in which healthy liver tissue is replaced with scar tissue. Patients are said to suffer from cirrhosis when a significant portion of the liver has been converted into scar tissue. Cirrhosis is irreversible. Determining exactly when significant fibrosis amounts to cirrhosis is not always an easy task, complicating treatment. Cirrhosis often causes “painful complications, including arthritic pain throughout ...
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