Donald v. Wexford Health Sources, Inc., No. 19-3038

• Decision Date: 01 December 2020
• Docket Number: No. 19-3038
• Citation: 982 F.3d 451
• Parties: James A. DONALD, Plaintiff-Appellant, v. WEXFORD HEALTH SOURCES, INC., Anthony Carter, and Kurt Osmundson, Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

982 F.3d 451

James A. DONALD, Plaintiff-Appellant,

v.WEXFORD HEALTH SOURCES, INC., Anthony Carter, and Kurt Osmundson, Defendants-Appellees.

No. 19-3038

United States Court of Appeals, Seventh Circuit.

Argued October 2, 2020

Decided December 1, 2020

Thomas John Pliura, Attorney, Thomas J. Pliura, M.D., J.D., P.C., LeRoy, IL, for Plaintiff-Appellant.

Julie Ann Teuscher, Attorney, Cassiday Schade LLP, Chicago, IL, Joseph N. Rupcich, Attorney, Cassiday Schade LLP, Springfield, IL, for Defendants-Appellees Wexford Health Sources, Inc., and Kurt Osmundson.

Craig L. Unrath, Attorney, Heyl, Royster, Voelker & Allen, Peoria, IL, for Defendant-Appellee Anthony Carter.

Before Ripple, Kanne, and Hamilton, Circuit Judges.

Kanne, Circuit Judge.

When James Donald entered prison, he had two eyes. Now he has one. The immediate cause of the loss of his left eye was an aggressive bacterial infection, but Donald argues that the substandard care of two prison doctors is to blame. He sued the doctors (and one of their employers) for deliberate indifference under the Eighth Amendment and medical malpractice under Illinois law. The district court granted summary judgment in favor of the defendants on the federal claims and one of the malpractice claims. It then relinquished jurisdiction over the remaining state-law claims.

We agree that summary judgment was proper because (1) the undisputed evidence shows that the defendants did not act with deliberate indifference toward an objectively serious medical condition and (2) the district court appropriately exercised supplemental jurisdiction to dispose of the malpractice claim. We therefore affirm the district court.

I. BACKGROUND

James Donald has an unfortunate ocular history. He has glaucoma

, a common condition that causes increased pressure in the eyes, and he also has keratoconus, a thinning of the cornea that causes distorted vision. And, to treat his keratoconus, Donald had left-eye corneal transplant surgery in 2011.

A few years later, Donald was convicted of drug crimes, and he began his prison sentence at Illinois River Correctional Facility in Canton, Illinois, in September 2014. Before long, his eye problems started flaring up, causing redness and poor vision. So he went to see one of Illinois River's optometrists, Dr. Anthony Carter, on October 2, 2014.¹ Dr. Carter examined Donald, noted that his corneal transplant

"looked excellent," and referred him to Illinois Eye Center in Peoria for an evaluation and a fitting for the contact lens he wore in his left eye.

Per Dr. Carter's referral, Donald went to Illinois Eye Center on October 27, 2014, and saw Dr. Steven Sicher, an ophthalmologist who specializes in the cornea and external diseases. Dr. Sicher assessed Donald's corneal transplant

and found that it was doing well with no signs of graft rejection. Donald also had normal intraocular pressure. Dr. Sicher recommended no changes in care and suggested that Donald continue using eye drops. He also suggested that Donald see the physician who performed his corneal transplant surgery, Dr. Catharine Crockett, "in four months." He did not recommend that Donald see Dr. Crockett for any particular reason other than for "follow-up maintenance of [his] corneal transplant

and keratoconus" because "continuity of care is important." Dr. Sicher also recommended that the prison continue to obtain Donald's contact lenses; apparently, he did not realize that part of the reason Donald had been sent to him was to obtain the prescription for those lenses.

When Donald returned to Illinois River, Dr. Carter did not schedule a follow-up appointment with Dr. Crockett because he didn't think it was necessary; both he and Dr. Sicher had concluded that Donald's eye conditions were stable. And because Dr. Sicher did not provide Donald's contact prescription, Donald filled out a records release form, and Dr. Carter received Donald's prescription on November 25, 2014. He approved a supply of lenses the next week and then attempted to contact Dr. Crockett's office to process the order. But despite several attempts and "many calls and letters," his staff could not get ahold of Dr. Crockett.

Strangely, during this same period, the Illinois Department of Corrections received a letter from Dr. Crockett stressing the importance of proper treatment and medication for Donald's corneal transplant

. The letter also indicated that Donald needed a contact lens "for vision in his left eye." Donald had apparently told his family that he wasn't getting proper care, and his family told Dr. Crockett. There is no deposition from Dr. Crockett in the record and no evidence that she knew the prison was attempting to get in touch with her or obtain new contacts for Donald. In any event, Donald finally received new lenses in February 2015.

When Donald visited Dr. Carter again in May 2015, his eye pressure had increased because of his glaucoma

, so Dr. Carter approved a refill of his eye-pressure medication. Dr. Carter continued to monitor Donald's eye pressure and supply medication over the next two months. By July 30, Donald's eye pressure had improved significantly.

On September 17, 2015, Donald reported that his left eye had been red for two weeks, without irritation. Upon examination, Dr. Carter saw that the vision in Donald's left eye had improved and his corneal transplant

was stable, but he also had a papillary reaction—an allergic or histamine response that causes bumps to form under the eyelids. Dr. Carter diagnosed allergic conjunctivitis in Donald's left eye and suspected that it was caused by either Donald's eye drops or contact lens solution. Dr. Carter instructed Donald to stop using his contacts for a few days to see if his condition improved.

A week later, on September 24, 2015, Donald's eye was still red, still without irritation. Dr. Carter did not suspect corneal rejection because the redness was generalized rather than concentrated around the cornea. Donald's eye pressure had also continued to improve, his transplant looked good, and there were no signs of infection. He changed Donald's eye drops to see if they were causing the reaction and told Donald to come back the next month. That was the last time Donald saw Dr. Carter.

On October 19, 2015, Donald saw Dr. Kurt Osmundson for the first time. Dr. Osmundson is a doctor of osteopathic medicine and is employed by Defendant Wexford Health Sources, Inc. ("Wexford"), which provides medical care to inmates at Illinois prisons. At this visit, Donald complained about increased pain and decreased vision. His left eye was cherry red in color, and he noticed some "matter in his eye." Dr. Osmundson, who was aware of Donald's ocular history, diagnosed a corneal ulcer

and made an urgent referral to an offsite ophthalmologist.

Donald was immediately transferred to Illinois Eye Center, but no ophthalmologists were in the office that day. Instead, an optometrist,² Dr. Jacqueline Crow, examined Donald's eye and observed redness, swelling, and poor vision. Because she was not a cornea specialist, she called Dr. Sicher to discuss her observations.³ Dr. Sicher concluded that Donald's symptoms were more consistent with a corneal graft rejection

than an ulcer. Based on her consultation with Dr. Sicher, Dr. Crow entered a diagnosis of corneal graft rejection. She also recommended that Donald change eye drops and that he return to see Dr. Evan Pike, an ophthalmologist and cornea specialist, in two or three days.

When Donald returned to Illinois River—and following Dr. Crow and Dr. Sicher's diagnosis and recommendations—Dr. Osmundson immediately ordered the change in eye drops and scheduled the follow-up appointment with Dr. Pike. He also admitted Donald to the infirmary so he could be monitored in the meantime.

A few days later, on October 22, 2015, Dr. Pike examined Donald and diagnosed a left-eye corneal ulcer

caused by a bacterial infection. He could not determine if the infection and the previously diagnosed graft rejection were related, but in any event, he was forced to treat both conditions at the same time. He therefore ordered antibiotic drops to treat the infection and steroid drops to treat the graft rejection. He asked Donald to return in five to seven days after the medication had some time to kick in.

That day, Dr. Osmundson wrote the order recommended by Dr. Pike, and the record indicates that Donald received the prescribed eye drops from a nurse that evening.⁴

Over the next three days, Donald reported that he had no vision, yellow drainage, and immense pain, all in his left eye. By October 26, nursing staff confirmed increased pain, bleeding, and drainage. Nurses contacted Dr. Osmundson, who directed them to call Illinois Eye Center for instructions. Donald was immediately transferred there and seen by Dr. Sicher.

Dr. Sicher diagnosed a rupture of the globe

: "the corneal graft had come off and ... there was a wide opening in the front of his eye with protrusion of iris and intraocular contents through the opening in the front of his eye." This was, in Dr. Sicher's words, "an irreversible loss of vision. It's basically a disaster." Dr. Sicher performed surgery to remove Donald's left eye. After surgery, pathological tests revealed that the infection that led to the ruptured globe was caused by pseudomonas aeruginosa, bacteria that can act very quickly and cause perforation in as few as seventy-two hours.

On December 16, 2016, Donald sued Dr. Carter, Dr. Osmundson, and Wexford. He brought claims under 42 U.S.C. § 1983 for deliberate indifference to a serious medical need in violation of the Eighth Amendment and for medical malpractice under Illinois law.

During discovery, the defendants jointly submitted an expert report from Dr. Lisa Nijm, an ophthalmologist and cornea specialist, who opined that, to a reasonable degree of medical certainty, the earliest indication of a possible corneal rejection or infection would have appeared on October 18, 2015, three weeks after Donald had last...