Green v. Obsu
| Decision Date | 13 February 2020 |
| Docket Number | Civil Action No. ELH-19-2068 |
| Parties | DARRON K. GREEN et al., Plaintiffs, v. MULETA T. OBSU, M.D., et al., Defendants. |
| Court | U.S. District Court — District of Maryland |
This case arises from the medical treatment provided to plaintiff Darron K. Green in 2015, while he was a prisoner in the Central Maryland Correctional Facility ("CMCF"). ECF 17 ("Amended Complaint"). According to Mr. Green, despite repeated complaints to medical staff at CMCF about the malfunctioning of a neurostimulator device implanted in his left leg, he did not receive adequate medical care for seven months. That delay allegedly caused a near-fatal infection and impeded his release from incarceration to home detention.
In an Amended Complaint, filed by counsel, Mr. Green and his wife, Lolita Munir, have sued Wexford Health Sources, Inc. ("Wexford") and three physicians employed by Wexford: Muleta T. Obsu, M.D.; Bolaji Onabajo, M.D.; and Syed Rizvi, M.D. Id. ¶¶ 2-6.1 The Amended Complaint contains seven counts. Counts I, II, and III assert negligence claims against Dr. Obsu, Dr. Onabajo, and Dr. Rizvi, respectively. ECF 17, ¶¶ 52-55, ¶¶ 56-59, ¶¶ 60-63. Count IV lodges a claim against Wexford for "Respondeat Superior." Id. ¶¶ 64-65. Count V alleges a claim against all defendants forloss of consortium. Id. ¶¶ 66-67. Count VI, brought against all defendants under 42 U.S.C. § 1983, alleges violations of the Eighth and Fourteenth Amendments to the Constitution. ECF 17, ¶¶ 68-76. In Count VII, plaintiffs assert a claim of "Gross Negligence" against all defendants. Id. ¶¶ 77-83. Plaintiffs seek compensatory and punitive damages, attorneys' fees, and costs.
The individual defendants answered the Amended Complaint on July 19, 2019. ECF 20. But, Wexford moved to dismiss or strike Counts VI and VII, pursuant to Fed. R. Civ. P. 12(b)(6) and Rule 12(f). ECF 21. The motion is supported by a memorandum of law. ECF 21-1 (collectively, the "Motion"). Plaintiffs oppose the Motion (ECF 24, "Opposition"), and provided one exhibit. ECF 24-2. In their Opposition, plaintiffs contend that should the Court grant the Motion, they should be granted leave to amend the suit. ECF 24 at 7. Wexford has replied. ECF 25.
No hearing is necessary to resolve the Motion. See Local Rule 105(6). For the reasons that follow, I shall grant it.
Prior to Mr. Brown's incarceration, he suffered a crush injury to his left leg. ECF 17, ¶ 12. To treat chronic pain in his leg, Mr. Green had a nerve stimulator implanted in his low back/buttocks. Id. The stimulator managed Green's chronic leg pain "to the point where he was able to perform most, if not all, activities of daily living pain free." Id.
In 2015, Mr. Green was incarcerated at CMCF, a Maryland correctional institution. See id. ¶ 8. Wexford, a health care company, had a contract with the State to provide medical services toprisoners in Maryland correctional facilities, including CMCF. Id. ¶ 3. Drs. Obsu, Onabajo, and Rizvi were employed by Wexford and worked at CMCF. Id. ¶¶ 4-6.
On July 22, 2015, Mr. Green presented to Dr. Rizvi with a concern that his nerve stimulator had malfunctioned or dislodged. Id. ¶ 14. Mr. Green complained to Dr. Rizvi of knee pain and swelling, which had begun a few days earlier. Id. Dr. Rizvi noted that Mr. Green needed "urgent neurosurgical evaluation[.]" Id. However, Dr. Rizvi allegedly "failed to communicate that finding to anyone or schedule that evaluation." Id. Consequently, "no follow up neurosurgical evaluation was requested." Id.
On August 3, 2015, Mr. Green returned to CMCF's medical department for an evaluation of persistent pain in his left leg. Id. ¶ 15. During the visit, Dr. Obsu ordered a CT scan of Mr. Green's leg, but the order "was never transmitted to the correct parties" and no CT scan was ever performed. Id. ¶ 16.
Mr. Green returned to Dr. Obsu on August 17, 2015. Id. ¶ 17. Again, Mr. Green complained of ongoing pain in his left leg. Id. Dr. Obsu diagnosed an abscess on Mr. Green's left knee, which he drained. Id. ¶ 18. After prescribing an antibiotic for Mr. Green, Dr. Obsu discharged Mr. Green back to general housing. Id. According to plaintiff, Dr. Obsu's failure to schedule or recommend a surgical consultation was "[c]ontrary to the acceptable standards of medical care[.]" Id. ¶ 19.
After more than a month of worsening symptoms, Mr. Green returned to the medical department on August 31, 2015. Id. ¶ 20. Mr. Green told medical staff that "he had been sweating so profusely that he felt like he was going to lose consciousness, and that he needed to have his blood pressure . . . checked." Id. Mr. Green also had a draining wound on his leg from his nerve stimulator, "which was warm and tender to the touch." Id.
During this visit, non-party Chika Ezenwachi, RN noted that Mr. Green was sweating profusely. Id. ¶ 21. Additionally, Dr. Onabajo noted swelling and ulceration on Mr. Green's thigh, toward the knee. Id. Records from the visit reflect that Mr. Green had a symptomatic fever, and that Mr. Green was told to follow-up if his condition worsened or he had no improvement within four days. Id. ¶ 23.
Dr. Onabajo allegedly ordered Mr. Green to undergo several diagnostic tests, including several radiology exams and a complete blood panel. Id. ¶ 24. Dr. Onabajo also continued Mr. Green on "anti-inflammatory and cold medicine prescriptions." Id. ¶ 25. But, Mr. Green alleges that no tests were performed. Id. ¶ 24. And, despite Mr. Green "displaying obvious signs of an overwhelming bacterial infection," he released Mr. Green back to his cell to "suffer with tremors, severe diaphoresis, and incredible pain and discomfort[.]" Id. ¶ 26.
Mr. Green received no follow-up care until September 25, 2015, when he saw Dr. Rizvi. Id. ¶¶ 27-28. At the time, Mr. Green had a "lateral popliteal infection with pus draining from his left leg." Id. ¶ 28. Dr. Rizvi did not request a surgical consultation. Id. ¶ 29. Instead, Dr. Rizvi prescribed Zyvox, an antibiotic used to treat Methicillin-resistant Staphylococcus Aureas ("MRSA"), and returned Mr. Green to his cell. Id.
Mr. Green returned to the medical facility three days later. Id. ¶ 30. By this point, portions of Mr. Green's nerve stimulator were "protruding from his left leg." Id. Nurse Ezenwachi noted that wires from the nerve stimulator were sticking out of Mr. Green's leg. Id. at ¶ 31. Nonetheless, Mr. Green was treated with an ace bandage, lotion, and ibuprofen, and then returned to his cell. Id. ¶ 32.
About one month later, on October 21, 2015, Mr. Green underwent a "preoperative evaluation . . . in preparation for surgery to remove the defective nerve stimulator." Id. ¶ 33. Following the evaluation, Mr. Green was seen by Charles Park, M.D. at Mercy Hospital in Baltimore. Id. ¶ 34.During the visit, Dr. Park "became alarmed" when he noticed Mr. Green had developed a "severe infection throughout his body." Id. Dr. Park ordered immediate IV antibiotics and further noted that Mr. Green should be scheduled "for urgent and immediate" surgery to remove the nerve stimulator once the infection was controlled. Id. ¶ 35.
Mr. Green received a peripherally inserted central catheter ("PICC") line sometime between November 3 and 5, 2015. Id. ¶ 36. And, Mr. Green was moved to the "Jessup Regional Infirmary" on November 6, 2015. Id. at ¶ 37. Plaintiff alleges that during the transfer, the PICC line was "precariously hanging from [his] chest" and "left uncovered and exposed to the elements." Id.
On November 7, 2015, Mr. Green advised the attending doctor that the abscess had begun draining from the area where the nerve stimulator was protruding from his left. Id. ¶ 38. Despite Mr. Green experiencing agonizing pain, Dr. Park advised Mr. Green that he had to complete the antibiotic treatment before surgery could be performed to remove the nerve stimulator. Id. Mr. Green remained in the infirmary for the next eleven days. Id. ¶ 39. During this time, Mr. Green laid in bed in "tremendous pain, fearing for his life." Id.
Mr. Green underwent surgery at Mercy Hospital on November 18, 2015, to remove the nerve stimulator. Id. ¶ 40. Following the operation, on November 20, 2015, Mr. Green briefly returned to the infirmary before being discharged back to general housing at CMCF. Id. ¶ 41. Mr. Green ambulated with crutches and received prescription narcotics. Id. ¶ 42.
Mr. Green was scheduled to be transferred to home detention on November 25, 2015. Id. ¶ 43. On that day, Mr. Green was transferred from CMCF to the Home Detention Unit ("HDU") in preparation for his release and transition home. Id. However, when Mr. Green arrived at HDU, it was determined that he was medically unfit for home detention due to his receipt of narcotic painmedication. Id. ¶ 44. Consequently, Mr. Green was returned to CMCF, where he was held for an additional three weeks beyond his scheduled release date. Id. ¶ 45.
This suit followed on August 17, 2018. ECF 3.
A defendant may test the legal sufficiency of a complaint by way of a motion to dismiss under Rule 12(b)(6). Paradise Wire & Cable Defined Benefit Pension Plan v. Weil, 918 F.3d 312, 317 (4th Cir. 2019); In re Birmingham, 846 F.3d 88, 92 (4th Cir. 2017); Goines v. Valley Cmty. Servs. Bd., 822 F.3d 159, 165-66 (4th Cir. 2016); McBurney v. Cuccinelli, 616 F.3d 393, 408 (4th Cir. 2010), aff'd sub nom., McBurney v. Young, 569 U.S. 221 (2013); Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir. 1999). A Rule 12(b)(6) motion constitutes an assertion by a defendant that, even if the facts alleged by a plaintiff are true, the complaint fails as a matter of law "to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6).
Whether a complaint states a claim for relief is assessed by reference to the pleading requirements of Fed. R. Civ. P. 8(a)(2). That rule provides that a complaint must contain a "short and plain statement of the claim...
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