What can be done is that your brother can sue the DOC for some amount for "pain and suffering" due to the apparently permanent loss of motion or function. This would be a tricky suit: 1) you need to file a special notice of claim to sue the government even before you file the lawsuit, and there is a relatively short time to do this; and 2) he'd need medical expert testimony about the impact on him and how the care from the DOC was improper and caused the damage. If he wants to explore this option, he would be strongly advised to retain an attorney to help him.