T.G. v. David Ballard, Warden, 16-0203

Petitioner (T.G.), a prisoner at Mt. Olive Correctional Complex, suffers from Hepatitis C and sought a specific antiviral medication after seeing a television ad.
Wexford Health Source (and PA Sandra May) provide medical care at Mt. Olive; the State (Warden Ballard and Commissioner Rubenstein) are respondents.
Petitioner filed a petition for a writ of mandamus in circuit court seeking an order compelling the prescribed medication and requested appointment of counsel.
The circuit court found the record sufficient, denied mandamus and appointment of counsel, and concluded petitioner receives chronic-care follow-up and regular liver testing; his Hepatitis C is currently stable and the requested drug is not medically necessary.
Petitioner appealed; this Court reviewed the mandamus denial de novo and denied petitioner’s motion for counsel, affirming the circuit court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether petitioner has a clear legal right to a specific Hepatitis C medication	T.G. asserted denial of that medication amounts to lack of medical treatment and he is entitled to the drug	State/Wexford argued the drug is not medically necessary given stable condition and clinicians are providing appropriate care	No clear right to the specific medication; mandamus denied
Whether respondents have a legal duty to provide the requested medication	T.G. argued duty exists to provide effective treatment	Respondents argued duty is satisfied by ongoing monitoring and treatment decisions by medical staff	No duty to provide the particular medication absent medical necessity
Whether mandamus is an appropriate remedy	T.G. sought mandamus to compel the prescription	Respondents asserted other remedies or that mandamus is inappropriate because elements not met	Court held mandamus unavailable because petitioner lacked a clear right and respondents lacked a duty
Whether appointment of counsel was required	T.G. requested counsel to litigate mandamus	Respondents opposed; record was sufficient without counsel	Denied — appointment not required given sufficiency of the record and lack of merit in petition

State ex rel. Kucera v. City of Wheeling, 153 W.Va. 538, 170 S.E.2d 367 (W. Va. 1969) (sets three-element test for mandamus)
Nobles v. Duncil, 202 W.Va. 523, 505 S.E.2d 442 (W. Va. 1998) (standard for deliberate indifference to serious medical need)
United States v. DeCologero, 821 F.2d 39 (1st Cir. 1987) (prisoners are entitled to adequate, not necessarily the most sophisticated, medical care)