Flournoy v. Ghosh

881 F. Supp. 2d 980, 2012 WL 3042794, 2012 U.S. Dist. LEXIS 103388
CourtDistrict Court, N.D. Illinois
DecidedJuly 24, 2012
DocketCase No. 07 C 5297
StatusPublished
Cited by9 cases

This text of 881 F. Supp. 2d 980 (Flournoy v. Ghosh) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flournoy v. Ghosh, 881 F. Supp. 2d 980, 2012 WL 3042794, 2012 U.S. Dist. LEXIS 103388 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION & ORDER

JOAN B. GOTTSCHALL, District Judge.

Plaintiff Johnnie Flournoy, Jr., an inmate at the Stateville Correctional Center (“Stateville”), brought a § 1983 action against Defendants Parthasarathi Ghosh, M.D., and Warden Terry McCann, each in their individual capacities. Now before the court are the defendants’ motions for summary judgment pursuant to Federal Rule of Civil Procedure 56. Ghosh moves for summary judgment on Counts I and III of Flournoy’s Third Amended Complaint. McCann moves for summary judgment on Count II. All three counts are claims of deliberate indifference to serious medical needs in violation of Flournoy’s Eighth Amendment right to be free from cruel and unusual punishment, related to the defendants’ alleged failure to ensure that Flournoy received prescription medication needed to prevent the progression of his glaucoma. Because Flournoy has presented evidence creating a material question of fact as to whether Ghosh and McCann were aware of his serious medical condition and exhibited deliberate indifference by failing to ensure that he received the necessary medication, both Rule 56 motions are denied.

I. Background

The following facts are undisputed, except where otherwise indicated.1 State-ville is a prison maintained by the Illinois Department of Corrections (“IDOC”). Flournoy alleges that at various times while imprisoned at Stateville, he was not provided with prescription eye drops on a timely basis, sometimes going months without receiving his prescriptions.2 He [982]*982claims that the .delay in obtaining this medication caused him permanent harm. Ghosh is the former Medical Director of Stateville, while McCann was the prison’s warden during the time the alleged violations occurred. As warden, McCann was responsible for the overall operation of the prison facility. Assistant wardens supervised specific areas, such as the provision of healthcare, and reported to McCann.

A. Flournoy’s Medical History

In July 2000, at the IDOC Joliet Correctional Center, Flournoy was diagnosed as “glaucoma suspect,” with intraocular pressure in each eye of 20 mmHg. “Intraocular pressure” is the fluid pressure inside the eye, measured in millimeters of mercury. The average intraocular pressure in the population is 10-12 mmHg, and the high limit of average is 21 mmHg. High intraocular pressure, or ocular hypertension, is associated with a risk of damage to the optic nerve, which is irreversible and can lead to glaucoma. Keeping intraocular pressure low helps to prevent the progression of glaucoma.

Medical records dated December 4, 2003, stated that Flournoy was “glaucoma suspect [in] both eyes.” Between October 2003 and July 2005, he was prescribed medicated eye drops to control his ocular hypertension. Flournoy received prescriptions for Xalatan eye drops on December 1, 2004, and March 9, 2005.

Flournoy was transferred into Stateville on March 16, 2005. On that date he was again prescribed Xalatan eye drops for ocular hypertension by Dr. Evaristo Aguinaldo. The prescription indicated that the medication was to be discontinued on July 31, 2005. Flournoy advised prison health care professionals on August 2, 2005, that he had been suffering from ocular hypertension for five years. Flournoy further advised the health care professionals that he was currently without his eye medications. On December 5, 2005, Flournoy again told the health care professionals that he was “glaucoma suspect” in both eyes and suffered from ocular hypertension, and that he “was supposed to be referred to the ophthalmology specialty clinic.” On December 12, 2005, Flournoy underwent an Offender Physical Examination, during which he advised the examiner of his history of glaucoma. On December 28, 2005, Flournoy’s mother called the prison to say that he was not receiving his glaucoma medication, and she was advised that the medical department would be informed. On February 1, 2006, Flournoy’s medical providers were told that he had run out of Xalatan eye drops in August 2005.

On February 21, 2006, Flournoy was seen by Stateville’s ophthalmologist, Dr. James Bizzell. Flournoy’s intraocular pressures were 26 and 22 mmHg, and his medical history indicated that he had been seen in the glaucoma clinic at a previous institution and that he had suffered from high intraocular pressure since 2001. Dr. Bizzell wrote Flournoy a prescription for eye drops. Dr. Ghosh signed the report of the consultation with Dr. Bizzell, indicating that he had reviewed the report and approved its recommendations.

On October 19, 2006, Flournoy was seen again by Dr. Bizzell. His interocular pressures were 26 and 28 mmHg. The report from that appointment states, “No drops since August,” and indicates that Flournoy was to return the next week to have his pressure rechecked. On November 14, 2006, Flournoy was prescribed Alphagan eye drops by Dr. Bizzell.

On January 4, 2007, Flournoy was seen by the ophthalmology department of the University of Illinois Chicago (“UIC”) Medical Center. His prescriptions were adjusted, and the recommended prescriptions were approved by Dr. Ghosh. On [983]*983January 5, 2007, Dr. Ghosh prescribed Flournoy Lumigan eye drops. On April 3, 2007, Flournoy returned to the ophthalmology department at UIC. Prescriptions were recommended by UIC and approved by Dr. Ghosh. On April 12, 2007, Dr. Ghosh prescribed Flournoy Cosept eye drops. On August 31, 2007, Dr. Ghosh wrote Flournoy another prescription for Cosept.

Flournoy was seen by Dr. Mansi Parikh, an ophthalmology resident at UIC, on September 5, 2007. Dr. Parikh testified in her deposition that although Flournoy’s medical records indicated that his intraocular pressures were 26 and 24 mmHg on January 24, 2007, when she saw him on September 5, 2007, his pressures were 56 and 59 mmHg. She stated that Flournoy’s “story to us” was that he had been without his eye drops since July 2007. (PL’s Rule 56.1 Statement of Add’l Facts Ex. 23 (Parikh Dep.) 36:4-19, ECF No. 217-5.) She stated that Flournoy’s “pressure was ... at a very dangerous level, and on examination he had damage to the optic nerve ... for which that pressure was very dangerous.” (Id. 34:20-24.) She further stated that going without eye drops intended to prevent pressure buildup in the eye “greatly increases the likelihood of having further damage to the optic nerve.” (Id. 31:24, 32:1-6.) According to Parikh, Flournoy “really needed his pressure controlled” (Id. 34:24, 35:1.), and “needed to have his eye drops to at least determine how much his pressure would reduce with medication,” although even “despite starting the drops, he would need to have surgery in the left eye.” (Id. 35:8-10,13-15.) On September 10, 2007, Dr. Parikh again saw Flournoy, and wrote in her notes that “patient needs medications now as [there is] ongoing damage, clear progression of cupping of the left eye since June of 2007.” (Id. 40:10-12.) She stated in a report given to the prison that Flournoy needed to be on eye drops and “has ongoing damage without his medications.” (Id. 57:4-5, 58:20-21.).

Flournoy had surgery on both eyes at UIC on September 12, 2007. (Id. 39:10). He then returned for a number of post-surgical checkups. On September 13, 2007, UIC recommended various medications, and on September 14, 2007, Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
881 F. Supp. 2d 980, 2012 WL 3042794, 2012 U.S. Dist. LEXIS 103388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flournoy-v-ghosh-ilnd-2012.