Chappell v. United States
| Decision Date | 16 July 2020 |
| Docket Number | Case No. 5:18-cv-199-TKW/MJF |
| Parties | FRANKIE LEE CHAPPELL, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. |
| Court | U.S. District Court — Northern District of Florida |
This matter is before this court on Defendant's motion for summary judgment (Doc. 45). Despite being provided an opportunity to respond, Plaintiff Frankie Lee Chappell ("Chappell") did not file a response in opposition. See (Doc. 46). Upon review of the record, the undersigned recommends that Defendant's motion for summary judgment be granted because Chappell has failed to demonstrate that a genuine issue of material fact exists.1
Chappell commenced this action pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-80. (Doc. 1). Chappell asserts that the Bureau ofPrisons ("BOP") kitchen staff failed to monitor inmates as they cooked chicken, which resulted in Chappell becoming ill with severe food poisoning, colitis, and an unspecified "blood disease." (Id. at 10). He also asserts that a BOP physician, Dr. Lopez, negligently treated his medical conditions. (Id.).
On November 3, 2016, Chappell ate lunch—chicken and black-eyed peas flavored with "chicken drippings"—prepared by "food service" at FCI Marianna. (Doc. 1 at 5 ¶ 1).2 He alleges that inmate cooks did not handle the chicken properly because supervisors failed to monitor the cooks.
On November 4, 2016, Chappell and several other inmates reported to Health Services at FCI Marianna with complaints of vomiting, diarrhea, and abdominal pain. (Id. at 5 ¶ 2; Doc. 45-1 at 13-17; Doc. 51-2 at 2 ¶ 4). In addition, Chappell complained of blood in his stool. (Doc. 1 at 5 ¶ 2; Doc. 45-1 at 13-17). The inmates and Chappell did not have fevers, however. (Doc. 45-1 at 13-17; Doc. 51-2 at ¶ 4).
Some inmates were quarantined due to the unknown origin of the symptoms. (Doc. 51-2 at 2 ¶ 4). Additionally, medical personnel collected stool specimen fromthree inmates who exhibited symptoms. Only one specimen was "viable," however. (Id.). The viable specimen was negative for two types of bacteria: salmonella and shigella.3 (Id.).
On November 7, 2016, Chappell returned to health services. He indicated that his stools had "slowed" down but that some blood remained in his stool. (Doc. 45-1 at 18-19). Chappell had a history of colon polyps. (Id.; see Doc. 1 at 6 ¶ 6). Prison medical personnel, therefore, ordered a colonoscopy. (Doc. 45-1 at 19).
On November 14, 2016, Chappell returned to health services with complaints of abdominal pain. (Id. at 21). Chappell did not appear to be in acute distress and was advised to take ibuprofen for any pain. (Id. at 22). On November 22, 2016, medical personnel prescribed aspirin and requested a hematology consult. (Id. at 24). Between November 23, 2016, through January 3, 2017, Chappell did not report to health services. See (Doc. 1 at 6 ¶¶ 9-10; Doc. 45-1).
On January 4, 2017, Chappell returned to health services and complained of diarrhea and abdominal pain. (Doc. 1 at 6 ¶ 10; Doc. 45-1 at 26-27). Medical personnel advised Chappell to consume more fiber. (Doc. 45-1 at 27). Medicalpersonnel also ordered tests to determine if Chappell had the Clostridium difficile toxin ( ). (Id.). These tests returned with negative results. (Id. at 33).
On January 13, 2017, Chappell returned to health services because he was passing "blood clots" and continued to have diarrhea. (Id. at 29). Medical personnel prescribed metronidazole. (Id.). On January 24, 2017, Chappell followed up with health services. He reported that he "had gotten much better" after treatment with the flagyl, which is a brand name for metronidazole. (Id. at 34).
On February 2, 2017, Chappell reported to health services that his abdominal pain had worsened and that he was having difficulty urinating. (Doc. 1 at 6 ¶ 11; 45-1 at 38). He also had a fine rash across his abdomen. (Doc. 45-1 at 38). Medical personnel ordered an x-ray image of Chappell's abdomen and sent laboratory tests to a local hospital. (Id.). Radiologist Maurice Yu, M.D., examined the x-ray images later that same day and noted her findings: (Id. at 40).
On February 3, 2017, medical staff ordered tests to determine if Chappell suffered from polycythemia vera, which is a type of blood cancer. (Doc. 45-1 at 43-45). Medical personnel collected a stool sample which tested negative for Shiga toxins, Escherichia coli, enteric Campylobacter, Salmonella, and Shigella.
On February 17, 2017, prison staff sent Chappell to Jackson Hospital in Marianna, Florida for a colonoscopy. (Id. 50-52). Treatment notes indicate that Chappell tested positive for C. Diff—a bacterium that causes diarrhea and colitis—and medical staff treated Chappell with flagyl intravenously and vancomycin orally. (Id. at 53). While at the hospital, Chappell experienced bursitis in his left shoulder, which was treated with an injection of a steroid and the local anesthetic Marcaine. (Id.). Chappell was discharged with the following diagnoses: (1) pseudomembranous enterocolitis, (2) gastroesophageal reflux disease, (3) chronic obstructive pulmonary disease, (4) possible polycythemia vera, and (5) bursitis of the left shoulder. (Id.).
On March 2, 2017, Chappell returned to health services. He complained of abdominal discomfort and diarrhea with blood. (Id. at 57). That same day, prison medical staff sent Chappell to Jackson Hospital, which admitted Chappell. (Doc. 1 at 7 ¶ 17; Doc. 45-1 at 62). Throughout his hospital stay, Chappell suffered intermittent loose stools, but reported no abdominal pain and generally was asymptomatic. (Doc. 45-1 at 62). Chappell, however, complained about his bursitis, and medical personnel administered intraarticular steroidal injection, which relieved Chappell's pain. He had cellulitis of the right forearm from a previous IV site, which was treated with vancomycin intravenously. (Id.). He was tested for C. diff, which came back negative. Chappell underwent a second colonoscopy and was diagnosedwith: (1) ulcerative colitis; (2) cellulitis/superficial thrombophlebitis, right arm, resolved; (3) bursitis, right shoulder; (4) possible polycythemia vera; (5) chronic obstructive pulmonary disease; and (6) gastroesophageal reflux disease. (Id.). Jackson Hospital discharged Chappell on March 8, 2017. (Doc. 45-1 at 62).
On March 20, 2020, Chappell reported to health services with complaints of right shoulder pain that had persisted since his hospital stay. (Id. at 70). The medical staff ordered x-ray images and prescribed a Lidocaine injection. (Id. at 70-71). The x-ray images indicated that Chappell's shoulder bones were "in anatomic alignment without evidence of fracture or dislocation." The physicians diagnosed Chappell with "moderate osteoarthritis of the right acromioclavicular joint" and "mild osteoarthritis of the right glenohumeral joint." (Id. at 72). Chappell returned to health services on March 30, 2017, complaining of shoulder pain. Medical staff ordered a magnetic resonance image of Chappell's shoulder. (Id. at 74-75).
On April 11, 2017, Dr. Lopez cancelled Chappell's Tylenol 3 prescription because it was not indicated for cellulitis. (Doc. 1 at 7 ¶ 22; Doc. 45-1 at 82; Doc. 51-1 at 2-3). Additionally, Chappell returned to medical complaining of muscle joint pain in his right upper arm. (Doc. 45-1 at 80). Medical staff noted that Chappell had a 12 cm oval area of erythema that was warm to the touch and tender. (Id. at 81). They transferred Chappell to the emergency room to rule out a deep vein thrombosis, and the emergency room staff treated Chappell for an abscess. (Id. at 84-89).Chappell subsequently returned to health services for follow-up wound care. (Id. 96-106). On June 21, 2017, Chappell was seen by Dr. Lopez in the chronic care clinic. (Id. 108-12). Chappell asserts that at the time he filed his complaint he was still receiving treatment for his colitis and an unspecified "blood disease." (Doc. 1 at 8 ¶¶ 26-27).
Rule 56 of the Federal Rules of Civil Procedure states that a "court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A "genuine" dispute exists "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256, 1260 (11th Cir. 2004). An issue of fact is "material" if it could affect the outcome of the case. Anderson, 477 U.S. at 248; Haves v. City of Miami, 52 F.3d 918, 921 (11th Cir. 1995).
When addressing a motion for summary judgment, a court must decide "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Hickson, 357 F.3d at 1260 (quoting Anderson, 477 U.S. at 251-52). At "the summary judgment stage the judge's function is not himself to weigh the evidence anddetermine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson, 477 U.S at 249. A Id. at 252. In evaluating a summary judgment motion, all "justifiable inferences" must be resolved in the nonmoving party's favor so long as there is a genuine dispute as to those facts....
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