Wexford Health Sources Harmed You in Jail or Prison. You Have Rights.

What is the Wexford Health Sources personal injury investigation?

Wexford Health Sources, Inc. is a private for-profit medical corporation that contracts with governments to provide healthcare in approximately 100 jails and prisons across at least 11 states. Berger Montague is already a court-appointed class counsel in a certified federal class action lawsuit alleging that Wexford has denied Medication for Opioid Use Disorder (MOUD) — including Suboxone and buprenorphine — to thousands of incarcerated people. Berger Montague is also investigating any personal injury and medical negligence claims arising from any serious harm or injuries caused by Wexford’s medical care, including medical neglect, failure to treat serious conditions in accordance with standard health practices, mental health care failures, medication errors, emergency care failures, and wrongful death. If you or a family member were harmed by the healthcare provided – or not provided – by Wexford in a prior or jail facility, we want to hear from you. Contact us: (800) 424-6690  |  info@bm.net  |  bergermontague.com

• TIME LIMITS APPLY.  Claims against Wexford Health Sources are subject to statutes of limitations — generally two to four years depending on the state and the nature of the claim, but in some states less such as 180 days from the date of injury. If you or a family member were harmed at a Wexford-served facility, please do not wait. Contact Berger Montague immediately for a free confidential evaluation.

CLASS ACTION ALERT & ONGOING PERSONAL INJURY INVESTIGATION — ALL HARMS CAUSED BY WEXFORD HEALTH SOURCES

Berger Montague is one of the nation’s preeminent plaintiff law firms — and has already been court-appointed class counsel in a certified multi-state federal class action against Wexford Health Sources, Inc. in the United States District Court for the Southern District of West Virginia. That lawsuit, Spurlock, et al. v. Wexford Health Sources, Inc., No. 3:23-cv-00476, was certified as a class action by the federal district court on July 24, 2025, and the certification opinion was affirmed on appeal by the U.S. Court of Appeals for the Fourth Circuit in a published, precedential opinion on May 4, 2026.

Beyond the class action, Berger Montague is actively investigating individual personal injury and wrongful death claims arising from any serious injuries or harm caused by Wexford Health Sources at correctional facilities across the country. Whether you were denied life-saving opioid treatment, experienced medical neglect for another condition, suffered a serious personal injury, or lost a family member because of Wexford’s inadequate care, we want to hear from you.

CLASS ACTION STATUS — FOURTH CIRCUIT AFFIRMED

Case:  Spurlock, et al. v. Wexford Health Sources, Inc., No. 3:23-cv-00476 (S.D.W. Va.); affirmed No. 25-2038 (4th Cir. May 4, 2026) Status:  Damages Class certified and affirmed. Actively proceeding toward merits adjudication. Class Counsel:  Berger Montague PC (court-appointed) Wexford’s Own Concession:  Wexford admitted in the litigation that it contracted to provide comprehensive medical care but excluded OUD screening and MOUD treatment at certain facilities, which contravenes medical standards of care.

Who Is Wexford Health Sources?

Wexford Health Sources, Inc. is a for-profit private medical corporation headquartered in Pittsburgh, Pennsylvania, and a subsidiary of the Bantry Group Corporation. Wexford contracts with state and local governments to provide healthcare to people who are incarcerated in jails and prisons throughout the United States. It operates in approximately 100 correctional facilities across at least 11 states — and at many of those facilities, Wexford is the only source of medical care available to incarcerated individuals.

Wexford contracts to provide “comprehensive medical care.” Its own Corporate Addiction Program Manager has estimated that at least 35% of the incarcerated population at Wexford-served facilities suffers from Opioid Use Disorder. The Fourth Circuit, in its published opinion affirming the class action, noted that Wexford always includes treatment for cancer, heart disease, and diabetes in every contract it signs — but carved out opioid use disorder treatment as an optional add-on at additional cost. The appeals court found that Wexford does not deny it could include this care in its standard contracts.

People incarcerated at Wexford-served facilities have come forward with accounts of serious, recurring harms — not only denial of opioid treatment, but also inadequate care for chronic conditions, delayed responses to medical emergencies which can result in severe injuries including death, insufficient mental health treatment, medication errors, and other failures that left incarcerated individuals without the medical care they had a constitutional right to receive.

The Certified Class Action — Denial of Opioid Use Disorder Treatment (MOUD)

WHAT THE LAWSUIT ALLEGES — AND WHAT TWO FEDERAL COURTS HAVE CONFIRMED

The core allegation in Spurlock, et al. v. Wexford Health Sources is that Wexford maintained a uniform, company-wide policy of excluding Medication for Opioid Use Disorder (MOUD) — including buprenorphine (Suboxone), methadone, and naltrexone — from the comprehensive medical care it contracted to provide. As a result, it is alleged that thousands of incarcerated people with Opioid Use Disorder were forced through painful, dangerous, and medically unnecessary opioid withdrawal instead of receiving the standard-of-care treatment that can save lives. If this happened to you or a family member, we want to hear from you.

What Is MOUD — and Why Does Denying It Cause Harm?

MOUD stands for Medication for Opioid Use Disorder. The FDA has approved three medications: buprenorphine (Suboxone), methadone, and naltrexone. MOUD is the medical standard of care for Opioid Use Disorder, endorsed by the World Health Organization, the CDC, the FDA, the American Medical Association, SAMHSA, the American Academy of Pediatrics, the National Commission on Correctional Healthcare, and virtually every other major medical authority in the United States.

In affirming the class action on May 4, 2026, the Fourth Circuit stated:

“Like insulin for a diabetic, these medications can be used daily throughout an individual’s lifetime to treat OUD. MOUD has proved to be highly effective, drastically reducing the risk of relapse and death from opioid overdose.” Spurlock v. Wexford Health Sources, Inc., No. 25-2038, slip op. at 5 (4th Cir. May 4, 2026)

The Fourth Circuit also stated explicitly:

“Notably, the process of withdrawal from opioids, also known as detoxification, is not even considered to be a medical treatment for OUD. Symptoms of withdrawal can cause significant suffering and even lead to death. In the short-term, individuals may experience ‘uncontrolled pain, psychological distress, suicidal ideation, and suicide attempts.’ In the long-term, individuals may face an increased risk of relapse, overdose, and death.” Id. at 5–6

Rather than providing MOUD, it is alleged that Wexford’s prior policy put patients through “medically supervised withdrawal” — treating symptoms with Tylenol, ibuprofen, anti-nausea medication, and clonidine. As the Fourth Circuit made clear, this is not a treatment for OUD. It does not reduce cravings. It does not prevent relapse or protect against post-release overdose.

Wexford’s Own Admissions

Wexford itself conceded in the litigation — in a passage highlighted by the Fourth Circuit in its published opinion — that at the facilities covered by the class action, it contracted to provide comprehensive medical care but excluded OUD screening and MOUD treatment, and that this failure contravenes medical standards of care.

“Wexford concedes that, at the institutions included in the Damages Class, it contracted to provide comprehensive medical care services but excluded OUD screening and MOUD treatment. Wexford also concedes that failure to provide this care contravenes medical standards of care.” Id. at 8 n.3

The Named Plaintiffs — Real People, Real Harm

The class action was filed on behalf of three named plaintiffs whose experiences represent thousands of others across 18 facilities in 11 states:

• The first plaintiff developed Opioid Use Disorder and was receiving Suboxone and brought her medication to intake at the jail. Wexford staff knew of her condition and denied continued treatment. She suffered severe withdrawal for three months.
• The second plaintiff completed rehabilitation and was treating her Opioid Use Disorder with Suboxone. She turned herself in on a warrant with her prescription in hand. Wexford verified the prescription and still refused to provide the medication. The plaintiff was placed in solitary confinement during withdrawal, her arms and legs jerking so severely she could not sleep.
• The third plaintiff had managed Opioid Use Disorder with Suboxone since 2012. Arrested for a technical probation violation, he disclosed his Suboxone history at intake but was denied medication. He had previously suffered heart attacks during opioid withdrawal and feared another. Less than two months after his release, he suffered a drug overdose.

Who Qualifies for the Damages Class

CLASS DEFINITION AFFIRMED BY THE FOURTH CIRCUIT

The certified Damages Class — affirmed by the Fourth Circuit on May 4, 2026 — includes individuals who meet all of the following criteria:

• Were confined at a Listed Facility during the applicable Relevant Time Period; AND
• Had a diagnosis of Opioid Use Disorder at intake that they reported to Wexford staff, or were diagnosed with Opioid Use Disorder during incarceration, OR had an active prescription for FDA-approved medication for Opioid Use Disorder at intake, OR were monitored for opioid withdrawal during incarceration; AND
• Were not continued on medication if already prescribed, or were not screened properly; AND
• Were thereafter released from the Listed Facility.

The 18 Listed Facilities and Relevant Time Periods

Facility	State	Relevant Time Period
Alabama Department of Corrections	AL	7/7/2021 – 3/31/2023
Butler County Prison	PA	7/7/2021 – 9/30/2021
Douglas County Jail	NE	9/1/2024 – date of judgment
Erie County Prison	PA	7/7/2021 – 12/31/2023
Illinois Department of Corrections	IL	7/7/2021 – date of judgment
Mohave County Adult Detention Center	AZ	6/7/2022 – date of judgment
Navajo County Detention Center	AZ	3/8/2022 – date of judgment
New Mexico Corrections Department	NM	7/7/2020 – date of judgment
Nueces County Jail Facilities	TX	12/1/2023 – date of judgment
Orleans Parish Jail	LA	6/1/2024 – date of judgment
Pinal County Facilities	AZ	7/7/2021 – date of judgment
St. Clair County Jail	IL	7/7/2021 – date of judgment
St. Lucie County Jail	FL	7/7/2019 – 3/31/2023
Southwest Virginia Regional Jails	VA	7/7/2021 – date of judgment
WV Division of Corrections & Rehabilitation	WV	7/7/2021 – date of judgment
Western Virginia Regional Jail at Roanoke	VA	7/1/2024 – date of judgment
Westmoreland County Prison	PA	7/7/2021 – 8/30/2022
Yavapai County Jail Facilities	AZ	7/7/2021 – date of judgment
* If your facility is not listed, please still contact us. Berger Montague is investigating harms at all Wexford-served facilities, not only the 18 listed above.

Beyond the Class Action — All Wexford-Related Personal Injuries and Medical Neglect

BERGER MONTAGUE IS INVESTIGATING ALL SERIOUS HARMS CAUSED BY WEXFORD

Berger Montague is investigating and evaluating individual personal injury and wrongful death claims arising from any serious harm caused by Wexford at any correctional facility it serves:

1. Denial or Delay of Treatment for Serious Medical Conditions If you or a loved one at Wexford-served facilities are denied or significantly delayed in receiving treatment for serious diagnosed conditions — including physical injuries or trauma, cancer, heart disease, diabetes, serious infections, neurological conditions, or kidney disease, we want to hear from you. Courts have recognized that such failures may constitute deliberate indifference to serious medical needs in violation of the Eighth Amendment and may also support state-law medical malpractice claims.
2. Failure to Diagnose Serious Medical Conditions If you or a loved one experiences the failure to diagnose a serious medical condition in the first instance — dismissing symptoms, failing to order appropriate diagnostic tests, or providing an inadequate initial evaluation, we want to hear from you. Delayed diagnosis of physical injuries, cancer, cardiac events, and serious infections can result in permanent injury or death that competent medical care would have prevented.
3. Mental Health Care Failures Incarcerated individuals with serious mental illness are among the most vulnerable in any correctional setting. Failures in mental health care — including inadequate psychiatric medication management, failure to identify and respond to suicidal ideation, failure to provide appropriate mental health treatment, and prolonged placement in restrictive housing contrary to mental health needs — can cause severe and lasting harm. Berger Montague is interested in speaking with individuals who suffered serious mental health harms while in a Wexford-served facility.
4. Medication Errors and Dangerous Drug Interactions If you or a loved one at Wexford-served facilities have reported receiving incorrect medications, having prescribed medications discontinued without medical justification — including psychiatric medications and medications for chronic conditions — and experiencing dangerous drug interactions that Wexford providers failed to identify or prevent, we want to hear from you. These errors can have serious, life-altering consequences.
5. Failure to Provide Emergency Medical Care Medical emergencies in correctional settings can be fatal when not addressed promptly. Reported problems at Wexford-served facilities may include delayed or inadequate responses to physical injuries, cardiac events, strokes, seizures, serious infections, overdoses, and other emergencies — as well as insufficient protocols for identifying and escalating emergencies in a timely manner.
6. Wrongful Death While in Wexford’s Care If you or a loved one was incarcerated at a Wexford-served facility and died as a result of medical neglect, inadequate care, failure to diagnose, denial or delay of necessary treatment, or deliberate indifference to serious medical needs, surviving family members may have a wrongful death claim against Wexford. Berger Montague can represent family members of individuals who died while under Wexford’s care and invites those families to contact us for a free confidential evaluation.
7. Post-Release Harm Caused by Wexford’s Failures The harm caused by Wexford’s alleged failures does not always end at release. The Fourth Circuit recognized that forced opioid withdrawal dramatically increases the risk of post-release relapse and overdose. More broadly, people released with undiagnosed or undertreated conditions — or whose conditions were worsened by inadequate care during incarceration — may suffer ongoing harm directly attributable to Wexford. Berger Montague is evaluating post-release harm claims, including post-release overdose deaths.

The Legal Framework — Your Rights Against Wexford

CONSTITUTIONAL AND CIVIL RIGHTS PROTECTIONS FOR INCARCERATED PEOPLE

People who are incarcerated do not lose their right to medical care. The United States Constitution guarantees incarcerated individuals the right to receive treatment for serious medical needs. The Eighth Amendment protects convicted and sentenced prisoners from deliberate indifference to their serious medical needs. The Fourteenth Amendment provides similar — and in some respects stronger — protections to pretrial detainees who have not yet been convicted of any crime.

Because Wexford is a private corporation acting under color of state law through its government contracts, it may potentially be held liable, depending on the facts, under 42 U.S.C. § 1983 for constitutional violations — the same standard that applies to government entities. Courts across the country have confirmed that private medical contractors like Wexford cannot avoid constitutional accountability by hiding behind private contracts. The Fourth Circuit affirmed that Wexford’s alleged policy-driven denial of MOUD raises common constitutional questions for all affected class members.

Beyond constitutional claims, people harmed by Wexford’s inadequate care may also have state-law claims for medical malpractice, professional negligence, and wrongful death where Wexford’s care fell below the applicable standard of care and caused injury.

Contact Us – Free Case Evaluation

What to Include in Your Inquiry

If you or a family member were harmed at a Wexford Health Sources-served facility — whether through denial of opioid treatment, medical neglect, personal injury, or any other serious harm — please contact Berger Montague by calling (800) 424-6690, emailing info@bm.net, or submitting the contact form on this page. To help us evaluate your situation as quickly as possible, please provide as much of the following as you can:

(a)  The name of the facility  where you or your family member were incarcerated, and the approximate dates of incarceration.

(b)  The nature of the harm that was experienced  for example: denial of Suboxone or buprenorphine; denial or delay of treatment for a serious medical condition; failure to diagnose; mental health care failures; medication errors; emergency care failures; serious injury; or death of a family member who was incarcerated.

(c)  Your opioid use disorder history and treatment (if applicable) — including whether you had an OUD diagnosis, a MOUD prescription, and whether you disclosed this to Wexford staff at intake.

(d)  What happened when you sought medical care requests made to Wexford staff, responses received, and whether care was denied, delayed, or inadequate.

(e)  The physical, psychological, and financial harm you suffered, symptoms, medical complications, ongoing conditions, and out-of-pocket medical expenses allegedly caused by Wexford’s failure.

(f)  Any harm after release including whether you relapsed, overdosed, were hospitalized, or suffered worsening of a medical condition after release as a result of alleged inadequate care by Wexford during incarceration.

(g)  Whether a family member died while in Wexford’s care or after release as a result of harm during incarceration, and the circumstances of their death.

(h)  When the harm occurred. Please provide the approximate date or time period, which is important for evaluating the statute of limitations.

Please Also Submit (if available):

• Medical records from the facility documenting diagnosis, treatment, withdrawal monitoring, or refusal of care
• Sick call slips, grievances, or written requests for medical care submitted during incarceration
• Written responses from Wexford or facility staff regarding medical care requests or denials
• Prescription records for Suboxone, buprenorphine, methadone, naltrexone, or other medications from before incarceration
• Records of medical treatment received after release related to conditions arising from or worsened by Wexford’s care
• In wrongful death cases: death certificate, autopsy report if available, and documentation of care provided or denied during incarceration

You do not need any of these documents to contact us. Berger Montague can advise you on how to request medical records from the facility or from Wexford if you do not have them.

About Berger Montague

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.