Harrington v. S. Health Partners
| Decision Date | 11 May 2023 |
| Docket Number | 1:21CV744 |
| Parties | KATHY BYRD HARRINGTON as Administrator of the Estate of WESLEY RANDOLPH HUNTER, deceased, Plaintiff, v. SOUTHERN HEALTH PARTNERS, INC., KELLY CARLTON, KAREN RUSSELL, JASON AUTEN, in his individual capacity, A. M. PRICE, in his individual capacity, MICHAEL ROGERS, in his individual capacity, CABARRUS COUNTY SHERIFF'S DEPARTMENT, and CABARRUS COUNTY, Defendants. |
| Court | U.S. District Court — Middle District of North Carolina |
Wesley Randolph Hunter died in his cell at Cabarrus County Jail on August 21, 2020, and Hunter's mother, Kathy Byrd Harrington (“Plaintiff”), as administrator of Hunter's estate, brought this action. (ECF No. 6.) Following this Court's Memorandum Opinion and Order on September 1, 2022, (ECF No. 42), addressing various motions to dismiss, the only claims remaining in this lawsuit are Plaintiff's North Carolina law claims for wrongful death by medical malpractice against Kelly Carlton, Southern Health Partners, Inc., Cabarrus County, and Cabarrus County Sheriff's Department, including a claim for punitive damages against all parties except Southern Health Partners Inc.; and a claim against Southern Health Partners, Inc. arising under 42 U.S.C. § 1983 for a policy or custom of deliberate indifference.
Now before the Court are five motions: Defendants Cabarrus County Sheriff's Department and Cabarrus County's Motion for Summary Judgment, (ECF No. 47); Defendant Kelly Carlton's Motion for Summary Judgment, (ECF No. 49); Defendant Southern Health Partners, Inc.'s Motion for Summary Judgment, (ECF No. 51); Defendants Southern Health Partners, Inc. and Kelly Carlton's Motion to Strike and Exclude Expert Testimony of David Manthey, M.D., and Robin Cunningham, MSN, RN, (ECF No. 53); and Plaintiff's Motion to Strike and Exclude Expert Testimony of William W. King, M.D., (ECF No. 62).
For the reasons stated herein, Defendants Cabarrus County Sheriff's Department and Cabarrus County's Motion for Summary Judgment, (ECF No. 47), will be granted; Defendant Kelly Carlton's Motion for Summary Judgment, (ECF No 49), will be granted in part and denied in part; Defendant Southern Health Partners, Inc.'s Motion for Summary Judgment, (ECF No. 51), will be granted in part and denied in part; Defendants Southern Health Partners, Inc. and Kelly Carlton's Motion to Strike and Exclude, (ECF No. 53) will be granted in part and denied in part; and Plaintiff's Motion to Strike and Exclude, (ECF No. 62), will be denied.
On August 12, 2020, Wesley Hunter was placed into the Cabarrus County Jail on drug-related charges. (ECF Nos. 6 ¶ 20; 50-2 at 1-3.) Hunter's medical records from the Cabarrus County Jail show that during Hunter's intake into the jail, he disclosed that he had been exposed to COVID-19. (ECF No. 50-2 at 13, 16.) As a result, Hunter was placed in medical isolation. (Id. at 16.)
On August 13, 2020, nursing staff conducted a history and physical examination of Hunter. (Id. at 8-9, 16.) During this history and physical examination, Hunter disclosed that he suffered from opioid addiction and was experiencing withdrawal symptoms. (Id. at 8-9, 18.) Hunter also reported that he suffered from hypertension. (Id. at 8-9.) A standing order was entered for Hunter to begin withdrawal monitoring, to receive blood pressure checks for five days, and to receive Tylenol for seven days. (Id. at 18.)
Around the days of August 14, 15, 16, and 17, 2020, Hunter reported multiple episodes of vomiting and diarrhea. Hunter's vital signs were recorded intermittently throughout this time. (Id. at 19-20, 23-24.)
On August 18, 2020, Hunter reported no withdrawal symptoms, and did not want his prescription of Tylenol. (Id. at 24.) Hunter was moved to a quarantine cell in general population on August 19, 2020. (Id. at 16, 20, 24.)
At around 8:30 a.m. on August 20, 2020, Hunter complained of dizziness and was helped to a chair by officers. (Id. at 16.) Hunter's color returned, and he went back to his cell. (Id.) Nurse Carlton educated Hunter on dehydration, and he stated that he would drink more water or juice. (Id.)
Later that day around 7:00 p.m., Hunter passed out in the shower, and Nurse Carlton was called by officers to examine Hunter. (Id.) Nurse Carlton administered an ammonia tablet, which revived him. (Id.) Hunter conversed with Nurse Carlton and stated that he recalled the conversation with Nurse Carlton on eating and drinking to prevent dehydration. (Id.) Nurse Carlton noted that Hunter was “alert and answering questions appropriately,” and that Hunter was moved back to his cell. (Id.) Nurse Carlton also noted that Hunter's mattress was put on the floor, and Hunter laid on the mattress. (Id.) Nurse Carlton evaluated a small laceration to Hunter's chin. (Id.) Hunter stated that he would continue to eat and drink and “advised to alert medical [staff] if needed.” (Id.)
The following day, August 21, 2020, at around 8:30 a.m., officers requested a medical check on Hunter.[1] (Id. at 16-17.) Upon entering Hunter's cell, Nurse Carlton saw Hunter lying on his left side with his head toward his bunk. (Id.) Hunter stated that he was having a hard time getting up and down, and Nurse Carlton advised him to keep his mattress on the floor if it helped. (Id.)
Hunter confirmed to Nurse Carlton that he got up to eat breakfast, stated that he just “[wa]sn't feeling good.” (Id.) Officers assisted Hunter to a sitting position, and Nurse Carlton recorded Hunter's vitals. (Id.) Nurse Carlton also recorded that Hunter drank three to four cups of water at this time without problem. (Id.) At this time, Hunter stated that he had a headache and asked for Tylenol; Nurse Carlton told Hunter that she could not give Tylenol at that time. (Id.) According to Nurse Carlton's deposition testimony, there was not any “extra medications on the cart” beyond what was already prescribed to be dispersed. (ECF No. 503 at 109:9-14.) Nurse Carlton's notes describe Hunter as “sitting up,” with “skin intact” and skin color “appropriate.” (ECF No. 50-2 at 17.) Besides the headache, Nurse Carlton noted that Hunter had no other complaints at the time. (Id.) Hunter's mattress was moved to the floor, he laid down, and Nurse Carlton again encouraged Hunter to eat and drink. (Id.) Nurse Carlton's notes provide that Hunter “verbalized understanding” to her recommendation. (Id.)
That same day, around 3:05 p.m., officers reported that Hunter was unresponsive and called Nurse Carlton to Hunter's cell. (Id.) Officers also contacted emergency medical services. (Id.) Around 3:15 p.m., first responders and EMS personnel arrived and took over chest compressions and assessment of Hunter. (Id.) The time of death was called for Hunter around 3:45 p.m. (Id.)
According to the autopsy report of Mecklenburg County Medical Examiner's Office, Hunter's cause of death was “Upper gastrointestinal hemorrhage due to Gastroesophageal junction laceration (Mallory-Weiss syndrome).” (Id. at 25.)
Summary judgment is appropriate when “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 dispute is genuine if a reasonable jury could return a verdict for the nonmoving party,” and “[a] fact is material if it ‘might affect the outcome of the suit under the governing law.'” Jacobs v. N.C. Admin. Off. of the Cts., 780 F.3d 562, 568 (4th Cir. 2015) (internal citations and quotations omitted). “[I]n deciding a motion for summary judgment, a district court is required to view the evidence in the light most favorable to the nonmovant” and to “draw all reasonable inferences in his favor.” Harris v. Pittman, 927 F.3d 266, 272 (4th Cir. 2019) (citing Jacobs, 780 F.3d at 568). A court “cannot weigh the evidence or make credibility determinations,” Jacobs, 780 F.3d at 569 (citations omitted), and thus must “usually” adopt “the [nonmovant's] version of the facts,” even if it seems unlikely that the moving party would prevail at trial, Witt v. W.Va. State Police, Troop 2, 633 F.3d 272, 276 (4th Cir. 2011) (quoting Scott v. Harris, 550 U.S. 372, 378 (2007)).
Where the nonmovant will bear the burden of proof at trial, the party seeking summary judgment bears the initial burden of “pointing out to the district court . . . that there is an absence of evidence to support the nonmoving party's case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). If the moving party carries this burden, then the burden shifts to the nonmoving party to point out “specific facts showing that there is a genuine issue for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). In so doing, “the nonmoving party must rely on more than conclusory allegations, mere speculation, the building of one inference upon another, or the mere existence of a scintilla of evidence.” Dash v. Mayweather, 731 F.3d 303, 311 (4th Cir. 2013). Instead, the nonmoving party must support its assertions by “citing to particular parts of . . . the record” or “showing that the materials cited do not establish the absence . . . of a genuine dispute.” Fed.R.Civ.P. 56(c)(1); see also Celotex, 477 U.S. at 324.
Before the Court addresses the three present motions for summary judgment, the Court will address the two motions to exclude expert testimony. (ECF Nos. 53 & 62.)
Defendants Southern Health Partners, Inc. and Nurse Kelly Carlton move to strike and exclude the expert testimony of David E Manthey, M.D., and Robin Cunningham, MSN, RN, (ECF No. 53), specifically contending these medical providers are not qualified to testify about the applicable standard of care...
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