Henderson v. Correct Care Solutions, LLC

45 F. Supp. 3d 416, 2014 U.S. Dist. LEXIS 70275, 2014 WL 2179536
CourtDistrict Court, D. Delaware
DecidedMay 22, 2014
DocketCiv. No. 13-713-SLR
StatusPublished

This text of 45 F. Supp. 3d 416 (Henderson v. Correct Care Solutions, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. Correct Care Solutions, LLC, 45 F. Supp. 3d 416, 2014 U.S. Dist. LEXIS 70275, 2014 WL 2179536 (D. Del. 2014).

Opinion

MEMORANDUM OPINION

SUE L. ROBINSON, United States District Judge

I. INTRODUCTION

Plaintiff Marcus Henderson (“plaintiff’) is a Delaware prison inmate housed at the Sussex Correctional Institution (“SCI”) in Georgetown, Delaware at all times relevant to his claim. On April 24, 2013, plaintiff filed a complaint and motion to proceed in forma pauperis pursuant to 42 U.S.C. § 1988 against Correct Care Solutions, LLC (“defendant”), alleging deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights. (D.I. 1; D.I. 2) The court granted plaintiffs motion to proceed in forma pauperis on May 10, 2013. (D.I.6) Plaintiff subsequently returned the requisite payment authorization on May 16, 2013. (D.I.7) Defendant filed an answer to the complaint on September 17, 2013. (D.I.13) Plaintiff did not serve any discovery requests upon defendant before the close of discovery on January 27, 2014. (D.I. 15; D.I. 22 at 1) Currently before the court is defendant’s motion for summary judgment on all claims pursuant to Fed. R. Civ. P. 56(a). (D.I.21)

II. BACKGROUND

Defendant has provided medical services to prison inmates in the State of Delaware since July 10, 2010. (D.I. 22 at 1, 2) Plaintiff contends that defendant wrongfully prescribed him medications, which caused him to cough up blood and caused bleeding from his rectum. (D.I. 2 at 3) Plaintiff further contends that defendant’s actions are part of a pattern of deliberately interfering with the serious medical needs of inmates. Plaintiff experienced the [418]*418above bleeding symptoms between October 6, 2012 and October 8, 2012. (D.I. 1 at 8) Following a bleeding incident, plaintiff was taken to Beebe Medical Center on October 8, 2012 for treatment, where he was stabilized with IV hydration. (D.I.22, ex. A) Plaintiff then underwent an upper endoscopy on the morning of October 9, 2012, which revealed a 1 cm pre-pyloric antral ulcer, which was nonbleeding and had no bleeding stigmata. (Id.) Plaintiff was diagnosed with a gastrointestinal bleed, a gastric ulcer, duodentitis, anemia, and hy-povolemia, and was discharged from the hospital on October 9, 2012. (Id.) He was advised to avoid any non-steroidal anti-inflammatory drugs (NSAIDs), which he had been taking for his chronic back pain. (Id.) Plaintiff received follow-up treatment at Nanticoke Gastroenterology, P.A. in Seaford, Delaware on November 2, 2012, where he was cleared for a second upper endoscopy to examine the status of his gastric ulcer. (Id.) He underwent his follow-up procedure at Seaford Endoscopy Center in Seaford, Delaware on January 9, 2013. (Id.) Defendant contends that there is no evidence to show that it is responsible for plaintiffs medical condition. (D.I. 22 at 2)

III. STANDARD OF REVIEW

A court shall grant summary judgment only if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). The moving party bears the burden of proving that no genuine issue of material fact exists. See Mat-sushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 n. 10, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “Facts that could alter the outcome are ‘material,’ and disputes are ‘genuine’ if evidence exists from which a rational person could conclude that the position of the person with the burden of proof on the disputed issue is correct.” Horowitz v. Fed. Kemper Life Assurance Co., 57 F.3d 300, 302 n. 1 (3d Cir.1995) (internal citations omitted). If the moving party has demonstrated an absence of material fact, the nonmoving party then “must come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (quoting Fed. R. Civ. P. 56(e)). The court will “view the underlying facts and all reasonable inferences therefrom in the light most favorable to the party opposing the motion.” Pa. Coal Ass’n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995). The mere existence of some evidence in support of the nonmoving party, however, will not be sufficient for denial of a motion for summary judgment; there must be enough evidence to enable a jury reasonably to find for the nonmoving party on that issue. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If the nonmoving party fails to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof, the moving party is entitled to judgment as a matter of law. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The court will not grant the entry of summary judgment without considering the merits of defendant’s unopposed motion. Stackhouse v. Mazurkiewicz, 951 F.2d 29, 30 (3d Cir.1991) (holding that a district court should not have granted summary judgment solely on the basis that a motion for summary judgment was not opposed).

IV. DISCUSSION

Plaintiff alleges that defendant violated his constitutional rights when it wrongfully prescribed him medication that [419]*419caused his bleeding symptoms and then subsequently failed to provide him with appropriate medical treatment. The Eighth Amendment proscription against cruel and unusual punishment requires that prison officials provide inmates with adequate medical care. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). In order to set forth a cognizable claim, an inmate must allege (1) a serious medical need and (2) acts or omissions by prison officials that indicate deliberate indifference to that need. Estelle, 429 U.S. at 104, 97 S.Ct. 285; Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir.1999). “[A] prisoner’s claim of deliberate indifference to a serious medical need requires expert testimony when the seriousness of the injury or illness would not be apparent to a lay person.” Heath v. Shannon, 442 Fed.Appx. 712, 716 (3d Cir.2011). A prison official is deliberately indifferent if he knows that a prisoner faces a substantial risk of serious harm and fails to take reasonable steps to avoid such harm.

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Bluebook (online)
45 F. Supp. 3d 416, 2014 U.S. Dist. LEXIS 70275, 2014 WL 2179536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-correct-care-solutions-llc-ded-2014.