Johnson v. Estate of Obaisi

• Court: U.S. District Court — Northern District of Illinois
• Writing for the Court: Judge Edmond E. Chang
• Decision Date: 25 September 2019
• Docket Number: No. 14-cv-10117,14-cv-10117
• Citation: Johnson v. Estate of Obaisi, No. 14-cv-10117 (N.D. Ill. Sep 25, 2019)
• Parties: NORMAN JOHNSON, Plaintiff, v. THE ESTATE OF SALEH OBAISI and WEXFORD HELATH SOURCES, INC., Defendants.

NORMAN JOHNSON, Plaintiff, v. THE ESTATE OF SALEH OBAISI andWEXFORD HELATH SOURCES, INC., Defendants.

No. 14-cv-10117

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

September 25, 2019

Judge Edmond E. Chang

MEMORANDUM OPINION AND ORDER

Plaintiff Norman Johnson, a prisoner at Stateville Correctional Center, brings this civil rights lawsuit, 42 U.S.C. § 1983, alleging a violation of his Eighth Amendment rights.¹ Defendants are Wexford Health Sources, Inc., a private corporation that provides medical services at Stateville, and Wexford doctor Saleh Obaisi, who was Stateville's medical director.² The Defendants filed a motion for summary judgment on December 28, 2018. R. 140.³ For the reasons explained below, the Defendants' motion is granted in part and denied in part.

I. Background

This case arises out of the treatment of two medical conditions suffered by Norman Johnson: a varicocele on his left testicle and a lipoma on his head. R. 151,Pl.'s Resp. Br. at 6.⁴ For clarity's sake, this Opinion will address each medical condition separately, though the relevant events overlap chronologically. The facts narrated here are undisputed unless otherwise noted. At the summary judgment stage, the Court views the evidence in the light most favorable to Johnson, the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

A. Varicocele

In early August 2013, Johnson filled out a request asking the prison's medical staff to treat a lump on his left testicle. R. 72, Third Am. Compl., Exh. 1 at 3. On January 23, 2014, Johnson complained specifically to Dr. Obaisi about the lump. R. 142, DSOF ¶ 37; DSOF, Exh. B, Obaisi Dep. Tr. at 116:6-17.⁵ Dr. Obaisi prescribed 100mg of Minocycline (an antibiotic) twice a day for three weeks, and planned for a follow-up visit in four weeks. Obaisi Dep. Tr. at 119:10-14. Around four weeks later, on February 27, Dr. Obaisi saw Johnson again, DSOF ¶ 38, but the parties dispute whether Johnson complained of left-testicle pain at this visit. Obaisi testified that Johnson made no complaint of testicle or scrotal pain. Obaisi Dep. Tr. at 120:12-18.According to Johnson, though, "[e]very time [he] talk[s] to [Obaisi] [he] tell[s] him everything that's going on with [him], he [Obaisi] just don't write it down." DSOF, Exh. A, Johnson Dep. Tr. at 86:20-24. Johnson also wrote, on an August 2014 grievance form, that he was given Cephalexin 500mg on February 25, 2014 for his testicle pain and that he was still in pain. Third Am. Compl., Exh. 1 at 7.

In late March 2014, Dr. Obaisi saw Johnson again. This time, it is undisputed that Johnson complained of discomfort and testicular pain. DSOF ¶ 39; Obaisi Dep. Tr. at 135:6-13. Obaisi diagnosed Johnson with chronic epididymitis,⁶ changed the antibiotic to Levaquin, and added Prednisone to make the Levaquin more potent. DSOF ¶ 39; Obaisi Dep. Tr. at 135:22-24. In his deposition, Obaisi confirmed that he elevated Johnson's treatment to a more intense prescription regimen based on Johnson's continued complaints. Obaisi Dep. Tr. at 136:3-7. In early April 2014, Obaisi ordered a urinalysis for Johnson to rule out a urinary tract infection as the source of the testicular pain; the urinalysis result was within normal range. DSOF ¶ 40; Obaisi Dep. Tr. at 136:8-19. A repeat urinalysis and a syphilis test performed in May 2014 were both negative. DSOF ¶ 41; Obaisi Dep. Tr. at 137:1-16.

On May 4, 2014, Johnson filed another grievance, complaining again about a painful lump on his left testicle that had not been alleviated by his prescription, and about not receiving a biopsy for that lump, as promised by Dr. Obaisi. Third Am.Compl., Exh. 1 at 6. Although it is unclear from the record what response Johnson received after he filed his grievance, it appears that he appealed it. In January 2015, the Administrative Review Board responded to the May 2014 grievance and denied Johnson's request on the merits, finding that the issue was appropriately addressed by the prison and adding that "the ordering of tests must be done by attending physician." Third Am. Compl., Exh. 5. In the meantime, Johnson filed another grievance, this time on August 7, 2014, reporting pain and a growing "cyst" on his left testicle, as well as difficulty urinating. Third Am. Compl., Exh. 1 at 7.

Five days later, on August 12, Johnson again complained to Dr. Obaisi of continuing pain in his left testicle. DSOF ¶ 42; Obaisi Dep. Tr. at 137:17-23. Obaisi assessed chronic pain in Johnson's left testicle and requested approval for an ultrasound. Obaisi Dep. Tr. at 138:6-7, 16-21. The ultrasound was completed in early September 2014, and it showed a small left varicocele. Id. at 139:7-140:8. Obaisi did not examine Johnson again for more than a month, on October 29, when Johnson again reported pain in his left testicle. Id. at 140:17-23. Noting the results of the ultrasound, Obaisi diagnosed Johnson with a varicocele and put in a prescription order for a scrotal support device. Id. at 141:13-142:2. Johnson stated in his affidavit that he did not receive the scrotal support until December 23, nearly two months after it was prescribed. R. 151-1, Pl.'s Supp. Exh. G, Johnson's Affidavit at ¶ 29. Neither party has offered any evidence to explain the delay.

Fast forwarding to 2015, on September 23 of that year, Johnson again complained to Dr. Obaisi of left testicle pain. DSOF ¶ 46; Obaisi Dep. Tr. at 143:2-18.Obaisi requested a physician collegial review to discuss a potential urology consultation for Johnson's varicocele and for his complaints of testicular pain.⁷ DSOF ¶ 46; Obaisi Dep. Tr. at 144:8-23. The collegial-review discussion took place 12 days later, on October 5. R. 151-2, Pl.'s Resp. DSOF ¶ 45; Obaisi Dep. Tr. at 144:8-19. The urology consultation was not approved; instead, the physicians agreed on an alternative treatment plan, that is, to continue with the scrotal support device. Obaisi Dep. Tr. at 145:10-15. Dr. Obaisi agreed to re-consult the physician collegial review upon completion of the alternative plan, if indicated. Id. at 145:19-146:6.

Around three months later, on January 25, 2016, Johnson had an appointment with Physician Assistant LaTanya Williams; he complained to her that his testicle pain was the same. DSOF, Exh. D, Williams Dep. Tr. at 62:6-12. Williams assessed Johnson as having chronic testicular pain and noted that she would refer Johnson to the medical director for "[c]hronic headaches/hydrocele/testicular pain chronic." Id. at 62:22-63:15. She prescribed pain medication: Atenolol 100mg daily and Naproxen 500mg as needed or twice a day (although it is unclear whether this was meant to alleviate Johnson's testicular pain or headaches or both). Id. at 63:1-15. In early February 2016, Johnson saw Dr. Obaisi. DSOF ¶ 49; Obaisi Dep. Tr. at 147:7-15. During this visit, Johnson reported that his left testicle pain had worsened during the last few days. Id. Obaisi's assessment was tenderness epididymis with slightswelling. Obaisi Dep. Tr. at 147:16-18. Obaisi prescribed an injectable antibiotic for five days, in addition to scrotal support and follow-up in four weeks. Id. at 147:19-22. But Johnson asserts in his affidavit that he did not see Obaisi again until May 3, 2016, around three months later. Johnson's Affidavit at ¶ 38. According to Johnson, Obaisi stated that the varicocele had progressed to a moderate size and prescribed Johnson 200mg of Tegretol twice daily, in addition to the scrotal support. Id. In June 2016, another collegial-review discussion was held, and Wexford approved Johnson for a urology evaluation at the University of Illinois-Chicago (which is commonly referred to as UIC). DSOF ¶ 50; Obaisi Dep. Tr. at 148:7-20.

At the end of November 2016, Johnson went to UIC and saw Dr. Simone Crivellaro, a urologist. DSOF, Exh. G, Crivellaro Dep. Tr. at 21:5-7. Neither party has explained why it took nearly six months to schedule Johnson for this consultation. In any event, during the appointment, Johnson described his pain as "sharp" and "intermittent," localized to the area of the testicle, and at a pain level of 6 out of 10. Id. at 23:2-6, 38:5-24; see also Pl.'s Supp. Exh. F at 32-33. The clinic note described a nontender and enlarged left testicle, normal epididymitis (meaning no inflammation), and a Grade Two spermatic cord left varicocele. Crivellaro Dep. Tr. at 22:10-24:18; see also Pl.'s Supp. Exh. F at 32-33. Dr. Crivellaro prescribed Johnson with Ibuprofen for pain management. Crivellaro Dep. Tr. at 27:17-28:5.

In early August 2017, Johnson had a follow-up appointment with Dr. Crivellaro. DSOF ¶ 52; Crivellaro Dep. Tr. at 29:5-7. Johnson complained that the swelling had worsened, and the physician noted that the "pain is sharp in nature,localized, and does not radiate." Pl.'s Resp. DSOF ¶ 51; Crivellaro Dep. Tr. at 29:17-23.⁸ The varicocele was classified as a clinically nonsignificant Grade One, which Dr. Crivellaro testified means that surgical treatment is not indicated. DSOF ¶ 52; Crivellaro Dep. Tr. at 31:11-18, 32:6-19, 32:20-33:2. Crivellaro's treatment plan consisted of pain control with Tramadol based on Johnson's complaints of worsening pain, as well as scrotal support. Pl.'s Resp. DSOF ¶ 51; Crivellaro Dep. Tr. at 32:20-33:2, 46:20-47:2.

A few months later, in mid-November 2017, Johnson asserts in his affidavit that Dr. Obaisi referred him for a scrotal sonogram. Johnson's Affidavit at ¶ 45. Johnson also says that he was again prescribed a scrotal support a few days later by another doctor. Id. Johnson continues to experience testicular pain to this day. R. 151-2, PSOF ¶ 113; Johnson's Affidavit at ¶ 60.

B. Lipoma

In mid-June 2011, Johnson filed his first grievance relating to a large lump on his head, as well as a headache. PSOF ¶ 89; Pl.'s Supp. Exh. B. In February 2012, Johnson complained to Physician Assistant Williams that he has had a lump on his head for the past 12 months and...