Inmate Alleges Inadequate Medical Care for Brain Tumor in Lawsuit
An inmate at the Oshkosh Correctional Institution has filed a lawsuit claiming he has not received proper medical care for a brain tumor.
Daniel Franzen, who is representing himself, lodged a federal complaint last month against four health services workers. He alleges that medical staff failed to conduct a necessary biopsy or provide adequate treatment even after doctors identified a tumor on the back of his brain.
Franzen reports severe symptoms including blackouts, weakness, and partial blindness. Although he has approached four attorneys for assistance, he is currently without legal representation.
Legal records show that the Wisconsin Department of Justice is representing the correctional medical staff, but they have not yet commented on the case.
Franzen is serving time for a conviction related to a crime involving a minor, having received a five-year sentence in July 2022.
He began experiencing troubling symptoms like stuttering and weakness in his left side in late August, but he claims these issues were misdiagnosed as migraines. In September, he suffered from intense chest and head pain along with memory loss, yet he reported not seeing a specialist.
During that month, Franzen experienced multiple blackouts, but he contends that the prison staff did little to assist him. By October, he reported losing vision in both eyes; although some vision returned to his left eye, his right eye remains blurry.
Medical documents indicate that an MRI conducted in October revealed what is likely a benign brain tumor. However, staff decided against a biopsy and suggested monitoring the tumor through follow-up imaging.
In November, Franzen was transferred to the Short Term Care Unit of the Health Services wing. Despite the medical staff labeling the tumor as asymptomatic, he claims that their neglect in addressing his serious medical needs constitutes “deliberate indifference.”
Currently, he is using a walker due to extreme weakness and confusion, with ongoing issues including vision loss in his right eye and hearing loss in his right ear.
Franzen argues that prison staff have neglected his requests for a biopsy and proper treatment, and have denied the connection between his symptoms and the tumor. His cellmate and another inmate have provided statements supporting Franzen’s account of his condition.
The Wisconsin Department of Corrections has stated it cannot comment on individual medical cases but affirmed that staff routinely perform cancer screenings and refer inmates to specialists when necessary.
In his lawsuit, Franzen is seeking proper medical care, a declaration that the denial of care violated his constitutional rights, and damages amounting to $10 million in compensatory and punitive damages against each defendant.
