Bost v. Wexford Health Sources, Inc.
| Decision Date | 16 September 2022 |
| Docket Number | Civil Action ELH-15-3278 |
| Parties | SHARON BOST, as Personal Representative of the ESTATE OF FATIMA NEAL, Plaintiff, v. WEXFORD HEALTH SOURCES, INC., Defendant. |
| Court | U.S. District Court — District of Maryland |
This long-running civil rights case is rooted in the tragic death of 42-year-old Fatima Neal on November 4, 2012, while she was in custody at the Baltimore City Detention Center (“BCDC”).[1] Ms. Neal suffered an intracerebral hemorrhage, commonly known as a stroke. ECF 56, H 63-152. She became quite ill in the early morning hours of November 1 2012. In the ensuing days, her symptoms persisted and worsened. Nevertheless, defendant Wexford Health Sources Inc. (“Wexford”), the medical provider at BCDC failed to send Ms. Neal to a hospital emergency room until November 4, 2012. By then, it was too late to save Ms. Neal. As a result, plaintiff Sharon Bost, the mother of Ms. Neal filed suit in her individual capacity and as Personal Representative of the Estate of Fatima Neal, naming numerous defendants and asserting multiple claims. ECF 1.
In a First Amended Complaint (ECF 56), Ms. Bost advanced a host of claims against multiple defendants: the State of Maryland; eight correctional employees of the State who held varying positions (collectively, the “Custody Defendants”); Wexford; nine Wexford health care employees (the “Medical Defendants”); BCDC; and 50 “Doe Defendants,” some of whom were correctional employees and some of whom worked for Wexford. In particular, Ms. Bost lodged a claim pursuant to 42 U.S.C. § 1983, alleging that Ms. Neal was denied constitutionally adequate medical care, in violation of her rights under the Eighth and/or Fourteenth Amendment to the Constitution (First Claim);[2] a violation of Article 24 of the Maryland Declaration of Rights (Third Claim); medical malpractice (Fourth Claim); negligence (Fifth Claim); intentional infliction of emotional distress (Sixth Claim); wrongful death (Seventh Claim); respondeat superior (Eighth Claim); and indemnification (Ninth Claim).
The Second Claim (the “Monell Claim”), asserted only against Wexford, arises under Monell v. Department of Social Services of the City of New York, 436 U.S. 650 (1978). Bost alleges Monell liability on three grounds: (1) Wexford had an official policy to deny or delay sending inmates to off-site facilities to receive needed emergency care; (2) Wexford had a widespread pattern, practice and custom of the same; and (3) Wexford failed to train its medical staff to send patients off-site to receive emergency care, both generally and also without the need for prior approval. Id. For the reasons set forth in my Memorandum Opinion (ECF 159) and Order (160) of May 8, 2017, the Monell Claim was bifurcated, pending resolution of the other claims in the case.
This Memorandum Opinion does not address the claim of constitutionally inadequate medical care provided to Ms. Neal, or the claim of medical malpractice under Maryland law, or any of the related claims; those claims have all been resolved. The Monell Claim is the only remaining claim.
In particular, on August 31, 2016, the Court dismissed Bost's claims against the State, BCDC, and the Custody Defendants, in their official capacities, based on Eleventh Amendment immunity. ECF 89. After discovery, the Custody Defendants, in their individual capacities, as well as the Medical Defendants and Wexford, moved for summary judgment. ECF 212 (Custody Defendants); ECF 213 (Medical Defendants and Wexford). A deluge of filings followed, exceeding 7,200 pages. See ECF 212; ECF 213; ECF 214; ECF 225; ECF 228; ECF 233; ECF 235; ECF 241; ECF 245.
By Memorandum Opinion (ECF 430) and Order (ECF 431) of July 23, 2018, I granted summary judgment in favor of all Custody Defendants; defendant Oby Atta, C.R.N.P.; and the twenty-five unnamed medical care providers. I also granted summary judgment in favor of the Medical Defendants as to the claims of intentional infliction of emotional distress and wrongful death predicated on intentional infliction of emotional distress. But, as to Medical Defendants Anike Ajayi, Elizabeth Obadina, Ebere Ohaneje, Najma Jamal, Karen McNulty, Andria Wiggins, Dr. Getachew Afre, and Dr. Jocelyn El-Sayed, I denied summary judgment as to the deliberate indifference claim under the Eighth Amendment, the Fourteenth Amendment, and Article 24 of the Maryland Declaration of Rights; as to the claim of medical malpractice; and as to the claim of wrongful death predicated on deliberate indifference and/or medical malpractice. And, with respect to Wexford, I denied summary judgment as to liability predicated on respondeat superior, but only under Maryland law.
Accordingly, the claims against the Medical Defendants were set for trial, which was to begin on December 3, 2018. ECF 435. However, on November 6, 2018, Bost and the Medical Defendants entered into a settlement agreement that resolved all but the Monell Claim. ECF 443; ECF 444.
Thereafter, on January 17, 2019, counsel advised the Court that the parties required “at least six months of additional fact discovery” as to the Monell claim. ECF 446 ¶ 5. The parties later sought a discovery deadline of May 30, 2020. See ECF 470 (). By Order of February 1, 2019 (ECF 453), the parties were directed to commence written discovery. See also ECF 471. And, in a Scheduling Order of August 7, 2019 (ECF 471), I set a discovery deadline of March 27, 2020.
A hotly contested and extensive period of discovery followed, in which the parties litigated several disputes. ECF 477; ECF 491; ECF 519. They were addressed initially by Magistrate Judge A. David Copperthite. ECF 480; ECF 502; ECF 528. Plaintiff appealed two of Judge Copperthite's rulings (ECF 482; ECF 503), which I subsequently denied by Memorandum Opinion (ECF 499) and Order (ECF 500) of April 15, 2020, and by Order of June 15, 2020. ECF 507.
Discovery eventually closed on January 15, 2021, well past the Court's initial deadline. ECF 517. And, by Memorandum Opinion (ECF 529) and Order (ECF 530) of April 5, 2021, I determined that the Monell Claim could proceed to the extent it is lodged by Bost in her capacity as the Personal Representative of the Estate of Fatima Neal.
Now pending is Wexford's motion for summary judgment as to the Monell Claim. ECF 536. The motion is supported by a memorandum (ECF 536-2) (collectively, the “Motion”) and eleven exhibits. Bost opposes the Motion (ECF 558), accompanied by more than 150 exhibits. Wexford has replied (ECF 564), with an additional nine exhibits. And, Bost has filed a surreply. ECF 569. In sum, the parties have submitted more than 11,000 pages of documents.[3]
The Court held a Motion hearing that consumed three days: August 5, 2022, August 8, 2022, and August 10, 2022.[4] Vigorous argument was presented as to multiple issues. For the reasons that follow, I shall deny the Motion.
The parties are familiar with the circumstances surrounding Ms. Neal's tragic death; the relevant facts have been recounted at length in several prior opinions. These include the Memorandum Opinion of May 8, 2017 (ECF 159); the Memorandum Opinion of July 23, 2018 (ECF 430); the Memorandum Opinion of April 15, 2020 (ECF 499); and the Memorandum Opinion of April 5, 2021 (ECF 529).
To the extent relevant, the facts recounted in the prior memoranda are incorporated here. Nevertheless, I shall provide a summary of the factual background, for the purpose of contextualizing the parties' disputes.
BCDC is a State correctional facility located in Baltimore City, operated by the Maryland Department of Public Safety and Correctional Services (“DPSCS”). See Md. Code , §§ 5-401(a), (b) of the Correctional Services Article (“C.S.”). The facility consists of multiple buildings, one of which is the Women's Detention Center (the “WDC”). See ECF 212-7 (Foxwell Dep.) at 6 (Tr. at 30-31).[6] As of July 2012, Wexford provided medical care to individuals within the custody of the DPSCS, pursuant to a contract with the State, discussed infra. See ECF 559-63 at 3-24.
In November 2012, Anike Ajayi, Elizabeth Obadina, Ebere Ohaneje, Najma Jamal, and Karen McNulty, all registered nurses (“R.N.”), were employed by Wexford and worked at BCDC. See ECF 225-45 (Obadina Dep.) at 3-4 (Tr. at 9-11); ECF 558-24 (McNulty Dep.) at 20-21, 23 (Tr. at 72-74, 83-84); ECF 558-26 (Jamal Dep.) at 26 (Tr. at 337); ECF 558-27 (Ajayi Dep.) at 5556 (Tr. at 213-14); ECF 559-66 at (Ohaneje Dep.) at 14 (Tr. at 47-49). Certified Registered Nurse Practitioner (“C.R.N.P.”) Oby Atta; Physician Assistant (“P.A.”) Andria Graham;[7] and physicians Getachew Afre, M.D. and Jocelyn El-Sayed, M.D. were also employed by Wexford and worked at BCDC. ECF 558-28 (Atta Dep.) at 6 (Tr. at 14-16); ECF 559-65 (Graham Dep.) at 15-16 (Tr. at 50, 53-55); ECF 558-23 (El-Sayed Dep.) at 8, 16 (Tr. at 22-23, 55); ECF 558-30 (Afre Dep.) at 2-3 (Tr. at 4-7).
Ms Neal was an inmate at BCDC. She was arrested on September 7, 2012 (ECF 212-4 at 4, Trial Summary), and charged on September 8, 2012, with possession of marijuana, pursuant to Md. Code , § 5-601(a)(1) of the Criminal Law Article. See ECF 225-4 at 14 (Commitment Pending Hearing, dated September 8, 2012). As to the possession of marijuana charge, her bond was set at $5,000. See ECF 225-4 at 4. However, a Detainer was also lodged against Ms. Neal, ordering no bail as to “Bench Warrant No. 208149026.” It was issued by the Circuit Court for Baltimore City after Ms. Neal failed to appear for a probation violation hearing on August 8, 2011. See ECF 212-4 at 2, 12 (Detainer of September 8,...
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