Aul v. Correct Care Sols.
| Decision Date | 26 October 2020 |
| Docket Number | Civil No. 3:18-CV-2142 |
| Parties | JESSE EARL AUL, Plaintiff, v. CORRECT CARE SOLUTIONS, et al., Defendants. |
| Court | U.S. District Court — Middle District of Pennsylvania |
MEMORANDUM
Pending before this court are separately filed motions filed by the two groups of defendants in this action who work at the Rockview State Correctional Institution ("SCI-Rockview"), in Bellefonte, Pennsylvania, where Plaintiff Jesse Earl Aul ("Plaintiff") was incarcerated in December 2017. The "Medical Defendants," who provide medical services to SCI-Rockview inmates, include Correct Care Solutions, Dr. Vernon Preston, and Physician Assistant ("PA") Patrick Nagle. Their motion to dismiss, or in the alternative for summary judgment, seeks dismissal of the complaint in its entirety based on Aul's failure to properly exhaust his administrative remedies as to the claims against them, failure to state a viable Eighth Amendment claim, and failure to articulate a cognizable medical malpractice claim or vicarious liability claim against them. (Docs. 23, 24.) The second motion to dismiss, Doc. 26, filed by the employees of the Pennsylvania Department of Corrections ("DOC") are Nurse Julie Chamberlain, Nursing Supervisor Elaine Coffman, and Nursing Supervisor Lisa Campbell ("DOC Defendants"). They contend that Aul fails to demonstrate their deliberate indifference to his medical condition and his state negligence claims are subject to dismissal due to his failure to file a Certificate of Merit ("COM"). (Doc. 29.) For the reasons that follow, the court will dismiss Plaintiff Jesse Earl Aul's Section 1983 claim that Nurse Chamberlain violated his Eighth Amendment rights, his claims of professional medical negligence against all Defendants but Nurse Chamberlain, and his medical negligence claims premised on vicarious liability as to all Defendants. Aul will be granted limited leave to file an amended complaint as to his claims against Nurse Chamberlain.
According to the allegations in Aul's complaint, on Saturday morning, December 16, 2017, Aul participated in a "Power Lifting" program at SCI-Rockview. At 9:15 a.m., after performing his job assignment as a "spotter & loader," he began his morning workout. (Doc. 1, ¶ 15.) After warming up on the squat machine, he experienced sudden blindness in his left eye, partial loss of vision in his right eye, and an extreme headache. He sat for 20 to 25 minutes before telling his supervising staff member about the situation. At 9:50 a.m., Aul went to the medical unit. He waited 15 minutes before he was seen by Nurse Chamberlain. (Id.) He told her he thought he suffered a stroke. Ms. Chamberlainchecked his vital signs and found that his blood pressure was high. She checked his pupils and had Aul read an eye chart. The exam did not reveal any abnormalities. (Doc. 4-1, p. 3.) Nurse Chamberlain stated Aul suffered from ocular strain, and not a stroke. She dispensed Ibuprofen, told him to "take it easy," and to return if his headache did not get better or his other symptoms returned. (Id.) Aul "took it easy" the rest of the evening. He went to back to the power lifting program, but did not work out. Although the Ibuprofen did not alleviate his headache, 85% of his vision had returned. (Doc. 1.)
The following day, Aul continued to rest and take Ibuprofen. However, at 5:30 p.m., Aul went back to the weight lifting program and completed "light sets of lat pull down" exercises which elevated his heartrate. (Id., ¶ 16.) As his heartrate climbed, he felt his vision "going away." (Id.) He immediately stopped lifting and returned to his housing unit. He took a shower, drank water, took more Ibuprofen, but his headache and blurry vision continued.
Aul rested all day Monday, December 18, 2017, took Ibuprofen, and drank water. (Id., ¶ 17.) On Tuesday, December 19, 2017, Aul returned to the powerlifting program after explaining to his coach that Nurse Chamberlain said he did not have a stroke but was suffering from an ocular strain. (Id., ¶ 18.) Aul first worked as a spotter and loader in the gym before starting a light workout at 9:15a.m. Again, Aul experienced a loss of vision and returned to his housing unit to rest. (Id.)
The next day Aul reported to the power lifting area but did not work out. (Id., ¶ 19.) He took a hot shower when he returned to his housing unit which triggered a loss in vision. (Id.) He took more Ibuprofen and a nap. Later that day, he pushed a laundry cart to the institution's main gate and then returned to his housing unit. (Id.)
On Thursday, December 21, 2017, Aul took the day off from lifting and visited with his mother. On the walk down to the visiting area, Aul became dizzy and lost his vision. (Id., ¶ 20.) The following day he returned to powerlifting and told his supervisor he still was experiencing problems with his vision and a headache. (Id., ¶ 21.) When performing some light leg extensions, his heart rate became elevated, and he again experienced visual difficulties. At that point he decided he needed to be "checked out." (Id., ¶ 21.) He returned to his housing unit at 10:00 a.m., and was seen by Dr. Preston in the medical unit at 11:00 a.m. (Id.) After taking his blood pressure and a urinalysis, Dr. Preston sent Aul to the Mount Nittany Medical Center ("Medical Center"). (Id.)
Aul remained at the Medical Center until Sunday, December 24, 2017. (Id., ¶ 22.) He received "a plethora of tests" before being told he had suffered a stroke and had "two spots on the brain, and one on his liver." (Id.) Physicians also toldhim he could continue to work out if he did not "overdo it." (Id., ¶ 25.) Upon his return to SCI-Rockview, Dr. Preston examined Aul. (Id., ¶ 23.)
On Wednesday, December 27, 2017, Aul received a 30-day supply of his medication: Atorvastatin, Lisinopril, and Aspirin. (Id., ¶ 26.) He requested a renewal of all his medications on January 15, 2018. Nurse Chamberlain explained it was "too soon to pick up the medication." (Id., ¶¶ 30-32.) On February 13, 2018, Aul requested a second medication refill. He received some of his medication on February 16, 2018, and the balance on February 18, 2018. (Id., ¶¶ 35-38.)
PA Nagle saw Aul for a blood pressure check on January 12, 2018. (Id., ¶ 29.) Aul complained of side effects from the cholesterol medication. PA Nagle dismissed his complaints, reminding him he recently experienced a stroke. (Id.)
Dr. Preston next saw Aul on January 29, 2018. (Id., ¶ 34.) Aul's weight was 306 lbs., and his blood pressure was "not bad." (Id.) Aul repeated that he was experiencing side-effects from his medication. Dr. Preston stated he would modify his medication. They also discussed his December 2017 request for a special low carbohydrate, low sodium, high protein-bland diet. (Id.) Dr. Preston stated that only individuals with food allergies or religious needs would receive special diets. (Id.) A corrections officer told Aul individuals with medical needs received special diets. (Id.)
Aul had bloodwork done on February 26, 2018. (Id., ¶ 40.) Dr. Preston saw him again on March 12, 2018. Noting that Aul's cholesterol remained high, he increased Aul's Lipitor despite Aul's continued complaints of side effects from the medication. Dr. Preston added Meloxicam to Aul's regimen to counter the side effects of the other medications. (Id., ¶ 42.) Aul picked up some of his medications on March 13, 2018, and the Meloxicam the following day. (Id., ¶¶ 43-44.)
On March 18, 2018, Aul stayed overnight in the medical unit in preparation for an MRI at an outside facility the following day. He returned to SCI-Rockview immediately following the MRI. (Id., ¶¶ 45-46.) Aul received the results of his MRI on April 16, 2018. The study showed he had two cysts in his brain. PA "Maria" told him that the cysts were normal. (Id., ¶¶ 48-49.)
In his complaint, Aul discusses, and incorporates by reference, documents related to his exhaustion of his administrative remedies as to Grievance No. 713688, filed on December 29, 2017, alleging that "PA Julie" "misdiagnosed him" as suffering from "ocular strain." (Id., ¶ 27; see also Doc. 4-1, p. 1.) The only other Defendant mentioned in the grievance is Dr. Preston, who sent him to the Medical Center on December 22, 2017. (Doc. 4-1, p. 1.) Nurse Supervisor Campbell denied the grievance at initial review. She pointed out that nursing staff, not a PA, treated him on December 16, 2017. Nurse Campbell noted Aul did notreturn to the medical unit with additional complaints until December 22, 2017. She also denied Aul's neurological studies supported his claim of permanent brain damage. (Id., p. 3.) Aul appealed the grievance to the Facility Manager. He stated Ms. Julie was a PA and not a Nurse. He affirmed that he received Ibuprofen, not Motrin. He also questioned why he was not examined by a doctor on Saturday, December 16, 2017, when he claimed to have suffered a stroke. (Id., p. 5.) In the Facility Manager's denial of Aul's grievance appeal, he noted that Aul did not return to the medical unit until December 22, 2017, even though he experienced three additional incidents of vision loss. (Id., pp. 7-8.)
Aul's appeal to final review confirmed that medical staff told him he suffered from ocular strain after giving him an eye exam, giving Ibuprofen, and "told to come back" if he experienced the same visual issues. Aul asserts that he did not return earlier to the medical unit because he believed what he was told, that he suffered from ocular strain, not a stroke. On December 22, 2017, he said that he realized "they just were not doing anything and [he] had to get help." (Id., p. 10.) On February 22, 2018, the DOC's Chief Grievance Officer referred the grievance appeal to the Bureau of Health Care Services. (Id., p. 12.) On April 23, 2018, Aul's grievance appeal was denied at final review. (Id., p. 13.)
Aul filed...
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