Cardona-Santiago v. Corr. Health Servs. Corp.
| Decision Date | 27 March 2015 |
| Docket Number | CIVIL NO. 13-1348 (DRD) |
| Parties | JORGE JOSUE CARDONA-SANTIAGO et al., Plaintiffs v. CORRECTIONAL HEALTH SERVICES CORPORATION, INC. et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Plaintiffs Jorge Josué Cardona-Santiago, Arelis Cardona-Santiago, Suhaily Cardona-Santiago, Joraily Cardona-Santiago, and Ana L. González in the representation of the minors Nahomi Cardona-González and Natshalie Cardona-González (collectively "Plaintiffs"), filed a Complaint against Defendants Correctional Health Services Corporation, Inc. ("CHSC"), Dr. Manuel Jimenez ("Dr. Jimenez") in his official and individual capacities, and José Negrón Fernández ("Negrón"), the Secretary of the Puerto Rico Department of Corrections and Rehabilitation (the "Department"), alleging civil rights violations and medical malpractice pursuant to section 1983 of the Civil Rights Act of 1991, 42 U.S.C. § 1983, and Articles 1802 and 1803 of the Puerto Rico Civil Code, P.R. LAWS ANN. tit., 31 §§ 5141-42. (Docket No. 1.) Plaintiffs essentially claim that Defendants committed medical malpractice and violated the Eighth Amendment rights of their late father, Jorge Cardona-Tomassini ("Cardona"), when they failed to provide Cardona with adequate medical treatment while he was under their custody and care. (Id.)
Presently before the Court are two motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and one informative motion requesting dismissal of the case dueto Plaintiffs' failure to disclose an expert witness and report. (See Docket Nos. 30, 34, and 36.) In such motions, Defendants raise several contentions in which they argue that Plaintiffs' Complaint fails to state any claim upon which relief can be granted and also that it should be dismissed due to procedural errors on part of Plaintiffs. Plaintiffs opposed said motions. (See Docket Nos. 33 and 39.) After reviewing the pleadings and pertinent law, the Court GRANTS in part and DENIES in part Defendants' motions at Docket Nos. 30, 34, and 36.
Plaintiffs are the children of Cardona, who before his passing in June, 2012, was housed as an inmate at the Guerrero Aguadilla institution of the Department and briefly at the Ponce 500 Medical Facility of the Department. (Docket No. 1 ¶ 3.1.) Defendant CHSC is a private corporation under contract with the Department to provide medical and health services to inmates under the Department's custody. (Id. ¶ 3.3.) During the time Cardona served his sentence of incarceration, CHSC administered all health services at the two aforementioned correctional institutions. (Id. ¶ 3.1.) Defendant Dr. Jimenez is a medical doctor who during all relevant times was the Medical Director at the Guerrero Aguadilla institution and was and still is employed by CHSC. (Id. ¶ 3.4.) Defendant Negrón is Secretary of the Department. (Id. ¶ 3.5.)
Prior to his death, Cardona suffered from diabetes and neuropathy. (Id. ¶ 4.1.) Cardona's neuropathy was the result of damage to his peripheral or central nervous system that affected his feet, legs, and upper chest, causing him to have trouble walking due to his extreme sensitivity to touch. (Id. ¶ 4.2.) Prior to being committed to the custody of the Department, Cardona had part of his left foot amputated due to complications arising from these ailments, namely, severe nerve and bone damage. (Id. ¶¶ 4.1, 4.4.)
During the month of June, 2009, Cardona was hospitalized for twelve days for treatment of his partially amputated left foot and then returned to the Guerrero Aguadilla institution of the Department. (Id. ¶ 4.5.) While hospitalized, a lack of appropriate medication and treatment by the hospital caused Cardona's wound to open. (Id.) When Cardona returned to Guerrero, Plaintiffs allege that he received the same lack of care and appropriate medical treatment. (Id. ¶ 4.6.) For example, he received some, but not the most adequate cleaning and monitoring of his wound. (Id.) Further, despite being aware that administering Cardona the pain medication Tramadol, which had been prescribed to him by outside doctors on numerous occasions, or a combination of Tramadol with Neurontin, would alleviate his pain considerably, Defendants denied him any Tramadol. (Id. ¶¶ 4.6-4.8.) Instead, Cardona was over-medicated with Neurotin, which barely had any effect on his severe pain. (Id. ¶ 4.8.) Dr. Jimenez personally ordered that the Tramadol be withheld and not administered to Cardona. (Id.) Despite intentionally refusing to administer Tramadol to Cardona to cause him to suffer pain, Defendants administered such drug to other inmates within the Guerrero institution. (Id. ¶¶ 4.7-4.8.)
Additionally, for over a month and a half, Cardona requested from the medical personnel at Guerrero that he be provided with eye glasses for his loss of vision and crutches to enable him not to have to place all of his weight on his amputated foot while walking. (Id. ¶ 4.9.) Despite such requests, and the institution having such crutches available, the medical personnel refused to provide him with either glasses or crutches, noting that the refusal to provide crutches was per Dr. Jimenez's instructions. (Id. ¶ 4.10.) At some point, Cardona personally asked Dr. Jimenez about the requested crutches, and Dr. Jimenez answered that he would not provide him with them because he had seen Cardona walking at the Aguadilla Mall without a walking cane prior to hisincarceration. (Id. ¶ 4.12.) Cardona eventually submitted a written request for both the crutches and glasses on July 30, 2010 after receiving many negative responses to his informal requests. (Id.) When the Civil Action Corporation of Puerto Rico intervened, Cardona was finally furnished with crutches, but, by that time, Cardona's wound was open and not healing properly due to the lack of adequate treatment and medication. (Id. ¶ 4.11.)
Cardona's wound began to deteriorate. (Id. ¶ 4.13.) At that point, Cardona requested that the medical personnel at Guerrero provide him with a podiatrist to have his amputated foot evaluated. (Id.) He made several requests over a period of approximately five months and the medical staff repeatedly responded that CHSC did not have such a specialist available within their staff. (Id.) Cardona also requested to be treated by outside hospital facilities and this request was denied. (Id. ¶ 4.14.) Eventually, Cardona was evaluated by a surgeon at the Rio Piedras Medical Center, who concluded that his foot potentially needed further amputation. (Id. ¶ 4.15.) Despite the surgeon's evaluation, Cardona needed further intensive treatment to attempt to prevent further amputation. (Id. ¶ 4.16.) As such, on numerous occasions, Cardona requested that another physician be consulted for a second opinion. (Id.) His requests were denied and the Guerrero institution showed once again the same proclivity of deliberate indifference toward Cardona's medical needs. (Id.)
Furthermore, at some point the medical personnel of CHSC, under the direction of Dr. Jimenez, proposed that Cardona be treated in the detox unit of Guerrero. (Id. ¶ 4.17.) Cardona objected on the grounds that this unit was not adequate to treat his condition because it was unsanitary, had no air conditioning to prevent further growth of bacteria and germs, and was populated mainly by inmates that were experiencing the worst stages of the narcotics withdrawalsymptoms. (Id. ¶ 4.17,5.4.e.) Despite his objections, Cardona was moved to the detox unit. (Id.) The unit only had one shower and one bathroom available at a time and the bathroom had mold and fungi growing in it. (Id. ¶ 4.18.) As such, Cardona was concerned about his wound suffering an aggravated infection. (Id.) Because of his concern, CHSC and Dr. Jimenez determined that Cardona had refused treatment. (Id.)
Thereafter, on December 9, 2009, Cardona was taken to the Rio Piedras Medical Center where a physician specializing in infections evaluated him and disagreed that an additional amputation was necessary. (Id. ¶ 4.19.) The physician conducted further testing, including a bone scan, and found a serious infection. (Id.) Accordingly, Cardona was treated with antibiotics immediately. (Id.) Cardona spent approximately two weeks hospitalized at the Medical Center and underwent additional procedures, including the cleaning of his wound and the removal of dead skin and tissue. (Id.)
Upon Cardona's return to Guerrero just before Christmas, Dr. Jimenez made clear that he either did not want to, or could not, care for Cardona at the Guerrero institution. (Id. ¶ 4.20.) Thereafter, Cardona was transferred to the Ponce 500 Medical Facility of CHSC. (Id.) At the Ponce facility, which is a relatively new, well-equipped facility with air conditioning, Cardona received better treatment and his foot began to heal. (Id.) For reasons unknown to Plaintiffs, Cardona was then transferred back to the Guerrero institution around January 1 or 2, 2010, where he reported that he was feeling better and his wound was showing improvement due to his treatment in Ponce. (Id. ¶ 4.21.) At Guerrero, Dr. Ramirez, whose first name is unknown, commented that he did not know why Cardona had been transferred back to Guerrero because his severe infection could be better treated at Ponce. (Id. ¶ 4.22.) Cardona was then returned to thePonce institution on January 8, 2010, where he received intravenous antibiotics and his foot felt better although not completely healed. (Id. ¶ 4.23.)
In October, 2009, Cardona filed suit in the United States District Court against CHSC, Dr. Jimenez, and Jesus González-Cruz, then Secretary of the Department, (Civil No. 09-2059 (FAB-MEL), and his counsel engaged a podiatrist to examine and treat Cardona. (Id. ¶ 4.24.) As a result of such treatment, Cardona's wound began to heal. (Id.) However, Defendants' efforts to mitigate the damages were short lived and soon returned to refusing proper...
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