Edens v. Larson

110 F. App'x 710
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 24, 2004
DocketNo. 03-3794
StatusPublished
Cited by1 cases

This text of 110 F. App'x 710 (Edens v. Larson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edens v. Larson, 110 F. App'x 710 (7th Cir. 2004).

Opinion

ORDER

For the past two decades, Illinois inmate James Edens has suffered from cluster headaches. In a complaint filed under 42 U.S.C. § 1983, he alleges that medical personnel at two prison facilities were deliberately indifferent to his condition, in violation of the Eighth Amendment. The district court granted summary judgment in favor of all the defendants.

Cluster headaches are a rare and intensely painful form of vascular headache that, although individually of relatively short duration, usually occur several times a day over the course of weeks or even months before going into remission. See AMA Complete Medical Encyclopedia, q.v. “headache” (2003). Edens has tried various medications over the years to treat this condition, with greater or lesser success. While at the Logan Correctional Center, before his transfer to the Pinckneyville Correctional Center in February 1999, he was taking a medicine called Elavil (a tricyclic antidepressant), which he reports had brought his headaches under control.

According to Edens’ complaint, his Elavil prescription was discontinued when he arrived at Pinckneyville. Rather than renew the prescription, Dr. Dennis Larson (the first defendant in this case), who performed Edens’ medical intake interview, suggested “meditation and relaxation” after Edens speculated that the attacks might be stress-related. Larson did not prescribe any medication at that time. Edens was dissatisfied with this response and sought an appointment with the other doctor on staff, Dr. Rahim, who gave him a prescription for Fioricet,2 a drug that Edens states had been effective in the past.

The drug worked again, and it remained Edens’ primary treatment until mid-autumn 1999, when Dr. Rahim stopped working at Pinckneyville. Dr. Larson again met with Edens on November 8, discontinued the use of Fioricet, and replaced it with a prescription for Tylenol. By December 7, according to Edens’ medical records, the headaches had returned and were occurring up to five times a day. Edens claims that he asked Dr. Larson to put him back on the earlier drug, but was told that the only medicines that could be prescribed for him were Motrin, Tylenol, and aspirin. Edens alleges that this was a [713]*713cost-cutting measure imposed by Correctional Medical Services (“CMS”), the company responsible for providing health care at Pinckneyville, but Dr. Larson denies that there was any such restriction. He insists rather that he discontinued the Fioricet (which contains barbiturates) because of concerns about its potentially addictive quality.

Other doctors also refused Edens’ request for Fioricet. Defendant Dr. Alfred Garcia, who replaced Dr. Larson at Pinckneyville in February 2000, instead tried Inderal (a beta blocker) and Dilantin (an antiepileptic drug), neither of which was effective, and allegedly told Edens that none of the drugs that had worked in the past (such as Fioricet, Midrin, Elavil, and Prednisone) was available. (Garcia was employed by Healthcare Professionals, Ltd. (“HPL”), another company that provided medical personnel at Pinckneyville.) Edens alleges that Dr. Garcia expressed surprise at the treatments he had received in the past, and that Garcia admitted to knowing “very little about headaches.” Later, after he was transferred back to Logan, Edens was seen by defendant Dr. Donald Hinderliter (an employee of Wexford Health Sources), who, expressing concern about inmates faking illness to obtain drugs, refused to prescribe Fioricet until he had a chance to examine Edens during an attack.3

Edens filed grievances concerning his treatment at Pinckneyville and Logan, which were reviewed and denied by defendants Willard Elyea, Christine Mitchell, and Dave Huffman. Edens filed his complaint in the district court on August 11, 2000, and an amended complaint on January 17, 2002. He alleged that Drs. Larson, Garcia, and Hinderliter were deliberately indifferent to his medical condition; that Elyea, Mitchell, and Huffman showed indifference in their denial of his grievances; and that CMS, HPL, and Wexford contributed to his suffering through their alleged policies restricting the medication available to prisoners.

Apart from his own narrative, the primary support Edens offered for his claims was a collection of excerpts from medical textbooks and other sources of information about cluster headaches. Besides attesting to the severity of the condition, these were meant to show that the treatment Edens had been given was in clear conflict with accepted medical practice. For example, the Mayo Clinic Family Health Book declared that “[cluster headaches are resistant to analgesic painkillers because these drugs take effect too slowly.” Similarly, the Johns Hopkins Family Health Book explained that “[t]he short duration of cluster headaches rules out the use of conventional pain-relieving medications.” Dr. Larson and CMS moved the district court to strike these materials, but the magistrate judge refused, concluding that they were potentially admissible at trial.

Nevertheless, the district court granted summary judgment in favor of the defendants, concluding that Edens’ disagreement with the treatments he had received did not demonstrate that any of the defendant doctors had acted in anything but their best medical judgment. Given no deliberate indifference by the doctors, the court concluded that the administrators who reviewed Edens’ grievances were likewise entitled to summary judgment. As for the defendant health-care companies, the court concluded that Edens had not [714]*714submitted reliable evidence of any policies restricting the medications inmates could receive.

A doctor’s negligence in diagnosing or treating a medical condition does not by itself amount to deliberate indifference. See Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Sanville v. McCaughtry, 266 F.3d 724, 734 (7th Cir.2001). But a plaintiff does not need to prove that harm was actually intended: “It is enough to show that the defendants actually knew of a substantial risk of harm to the inmate and acted or failed to act in disregard of that risk.” Walker v. Benjamin, 293 F.3d 1030, 1037 (7th Cir.2002) (citing Farmer v. Brennan, 511 U.S. 825, 842, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994)). Deliberate indifference can be shown even though a defendant physician has not entirely ignored the plaintiffs condition, if the prescribed treatment “is such a substantial departure from accepted professional judgment, practice, or standards as to demonstrate that the person responsible did not base the decision on such a judgment.” Youngberg v. Romeo, 457 U.S. 307, 323, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982); Estate of Cole by Pardue v. Fromm, 94 F.3d 254, 262 (7th Cir.1996).

We have no doubt that the potential harm in this case is sufficiently serious. See Gutierrez v. Peters, 111 F.3d 1364

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Bluebook (online)
110 F. App'x 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edens-v-larson-ca7-2004.