By Marie Rohde
Milwaukee Journal Sentinel
MILWAUKEE, Wis. — A homeless man with an active case of tuberculosis today agreed to remain in the Criminal Justice Facility for at least the next three months, averting a legal fight pitting the need to protect the public against the man’s personal freedom.
Milwaukee County Circuit Judge Charles F. Kahn Jr. retained jurisdiction over the case involving Marshall Wilburn. He will review the matter May 5 to determine if Wilburn, 50, is well enough to be released from the jail.
Wilburn was charged Jan. 22 with disorderly conduct in connection with an incident that occurred at the Center Street Library. Bond was set at $100 which Wilburn was unable to post and he has been held in the jail since then. Later, tests confirmed that he had TB, a sometimes deadly disease that health experts say is re-emerging in the U.S.
The City of Milwaukee made the rare request to have Wilburn held in the jail because of his aggressive behavior. He is being held in a negative pressure cell, one that restricts the ventilation to avoid the dispersal of the TB bacteria.
Paul Biedrzycki, director of disease control and prevention at the Milwaukee City Health Department, said the agreement was the best possible outcome.
His department is in the process of a costly and time-consuming investigation into whether Wilburn may have infected any other people. That means finding people he may have come in contact with at the Milwaukee County Jail, the Criminal Justice Facility, the Rescue Mission, the city’s main library and Sinai-Samaritan Hospital.
Biedrzycki said he does not believe there is a danger of a widespread outbreak.
While the disease is fairly easily transmittable, prolonged close contact with the diseased person is needed. Symptoms include a persistent cough, wheezing, weight loss, night sweats, fever and chills.
Treatment for the disease, which can be fatal, is long and should not be interrupted. If a person stops taking the prescribed antibiotics before being cured, a relapse may occur and the bacteria may become either resistant to some or all drugs.
Wilburn was connected to the court hearing today by telephone and told Kahn he would comply with the treatment.
“I want to get well,” Wilburn told the judge.
The city’s Health Department must bear the expense of treating Wilburn at the county-operated jail. Room and board will cost the city $145 a day plus the cost of his drugs and an aide trained in making sure he takes his medication. If he becomes uncooperative, the court may have to order that the antibiotics be injected.
Copyright 2009 The Milwaukee Journal Sentinel