Green v. Obsu
| Decision Date | 19 January 2021 |
| 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 Memorandum Opinion addresses the "Motion to Dismiss Count VI of the Second Amended Complaint," filed by defendant Wexford Health Sources, Inc. ("Wexford"). ECF 29. The case arises from alleged inadequate 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"); ECF 28 ("Second Amended Complaint" or "SAC").1
In an Amended Complaint, filed by counsel on behalf of Mr. Green and his wife, Lolita Munir, plaintiffs sued Wexford and three physicians employed by Wexford: Muleta T. Obsu, M.D.; Bolaji Onabajo, M.D.; and Syed Rizvi, M.D. Id. ¶¶ 2-6.2 The Amended Complaint contained seven counts. Counts I, II, and III asserted negligence claims against Dr. Obsu, Dr. Onabajo, and Dr. Rizvi,respectively. ECF 17, ¶¶ 52-55, ¶¶ 56-59, ¶¶ 60-63. Count IV lodged a claim against Wexford for "Respondeat Superior." Id. ¶¶ 64-65. Count V alleged a claim against all defendants for loss of consortium. Id. ¶¶ 66-67. Count VI, brought against all defendants under 42 U.S.C. § 1983 and Monell v. Dep't of Soc. Servs., 436 U.S. 658, 690 (1978), alleged violations of the Eighth and Fourteenth Amendments to the Constitution. ECF 17, ¶¶ 68-76. In Count VII, plaintiffs asserted a claim of "Gross Negligence" against all defendants. Id. ¶¶ 77-83.
Wexford moved to dismiss or strike Counts VI and VII of the Amended Complaint. ECF 21. I granted the motion to dismiss by Memorandum Opinion (ECF 26) and Order (ECF 27) of February 13, 2020. In my view, the Amended Complaint failed to include facts against Wexford sufficient to allege a violation of Green's constitutional rights. However, I also granted leave to amend Count VI.
Plaintiffs timely filed their Second Amended Complaint. See ECF 28. The SAC reiterates Counts I through VI of the Amended Complaint and includes additional facts as to Wexford. See ECF 28-1 ().
The individual defendants answered the Second Amended Complaint on March 18, 2020. ECF 30. But, Wexford moved to dismiss Count VI of the SAC, pursuant to Fed. R. Civ. P. 12(b)(6). ECF 29. The motion is supported by a memorandum of law. ECF 29-1 (collectively, the "Motion"). Plaintiffs oppose the Motion. ECF 33. Wexford has replied. ECF 34.
No hearing is necessary to resolve the Motion. See Local Rule 105(6). For the reasons that follow, I shall deny the Motion.
Prior to Mr. Brown's incarceration, he suffered a crush injury to his left leg. ECF 28, ¶ 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 of Maryland to provide medical services to prisoners 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 May 15, 2015, Green began experiencing "issues with his implanted nerve stimulator after he was required to walk through a metal detector at CMCF." Id. ¶ 14. In particular, Green noticed that the simulator device was no longer working and that part of the wiring in his leg had become "dislodged." Id. Green claims that he immediately requested medical attention and was seen by the Wexford medical providers "several times" between May and June 2015. Id. ¶¶ 15, 16. During these visits, he alleges that he received over-the-counter anti-inflammatory medication and an ace bandage. Id. ¶ 15. Further, according to plaintiffs, none of Green's medical visits between May and June 2015 are documented in Wexford's electronic health record ("EHR"). Id. ¶ 16.
Mr. Green presented to Dr. Rizvi on July 22, 2015, with a concern that his nerve stimulator had malfunctioned or dislodged. Id. ¶ 17. Green also complained of knee pain and swelling, which had begun a few days earlier. Id. This is the first visit to the medical department for Green that is documented in the EHR. Id. Dr. Rizvi noted that 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. ¶ 18. 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. ¶ 19.
Mr. Green saw Dr. Obsu again on August 17, 2015, complaining of ongoing pain in his left leg. Id. ¶ 20. Dr. Obsu diagnosed an abscess on Mr. Green's left knee, which he drained. Id. ¶ 21. 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. ¶ 22.
After more than a month of worsening symptoms, Mr. Green returned to the medical department on August 31, 2015. Id. ¶ 23. 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. ¶ 24. 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 thatMr. Green was told to follow-up if his condition worsened or he had no improvement within four days. Id. ¶ 26.
Dr. Onabajo allegedly ordered Mr. Green to undergo several diagnostic tests, including several radiology exams and a complete blood panel. Id. ¶ 27. Dr. Onabajo also continued Mr. Green on "anti-inflammatory and cold medicine prescriptions." Id. ¶ 28. But, Mr. Green alleges that no tests were performed. Id. ¶ 27. 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. ¶ 29.
Mr. Green received no follow-up care until September 25, 2015, when he saw Dr. Rizvi. Id. ¶¶ 30-31. At the time, Mr. Green had a "lateral popliteal infection with pus draining from his left leg." Id. ¶ 31. Dr. Rizvi did not request a surgical consultation. Id. ¶ 32. 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. ¶ 33. 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. ¶ 34. Nonetheless, Mr. Green was treated with an ace bandage, lotion, and ibuprofen, and then returned to his cell. Id. ¶ 35.
In sum, plaintiffs allege that Green visited the CMCF medical department at least seven times during the period from May through September 2015. Id. ¶ 62. And, "each time his symptoms had only worsened," but defendants "failed to act to diagnose or treat" them properly. Id. Further, plaintiffs claim that defendants "were aware that Mr. Green required immediate surgery, and that failing to promptly schedule the surgery, or at least a consultation with an outside specialist, would cause him harm." Id. ¶ 63.
On October 21, 2015, about one month after plaintiff's appointment in September 2015, Mr. Green underwent a "preoperative evaluation . . . in preparation for surgery to remove the defective nerve stimulator." Id. ¶ 36. Following the evaluation, Mr. Green was seen by Charles Park, M.D. at Mercy Hospital in Baltimore. Id. ¶ 37. 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. ¶ 38.
Mr. Green received a peripherally inserted central catheter ("PICC") line sometime between November 3 and 5, 2015. Id. ¶ 39. And, Mr. Green was moved to the "Jessup Regional Infirmary" on November 6, 2015. Id. at ¶ 40. 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 leg. Id. ¶ 41. 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. ¶ 42. 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. ¶ 43. Following the operation, on November 20, 2015, Mr. Green briefly returned to the infirmary before being...
To continue reading
Request your trial