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Alvarez v. Correctional Medical Services, Inc.

United States District Court, D. Maryland, Northern Division

September 16, 2014

BRUMAN STALIN ALVAREZ, Plaintiff,
v.
CORRECTIONAL MEDICAL SERVICES, INC., et al. Defendants.

MEMORANDUM OPINION

WILLIAM D. QUARLES, Jr., District Judge.

Bruman Stalin Alvarez sued Corizon, LLC, ("Corizon")[1] Barbara Steele, H.S.A, [2] and John Moss, P.A., ("the Defendants") under 42 U.S.C. § 1983[3] for violating his Eighth Amendment rights. Pending is the Defendants' motion to dismiss the First Amended Complaint. ECF No. 119. No hearing is necessary. See Local Rule 105.6 (D. Md. 2014). For the following reasons, the Defendants' motion will be granted.

I. Background[4]

A. Facts

Alvarez is an inmate at the Jessup Correctional Institution ("Jessup"). ECF No. 114 ¶ 2. Corizon provided medical services to the Maryland Department of Corrections ("DOC") from the time Alvarez's Complaint arose until July 1, 2012. Id. ¶ 3.[5] Steele supervised Jessup's hospital. Id. ¶ 5. Moss is a physician's assistant responsible for the administration of medical care and for the welfare of hospitalized inmates. Id. ¶ 7.

On May 31, 2002, Alvarez first complained to Jessup medical personnel about pain in his left knee. Id. ¶ 10. In or about June 2004, Alvarez again complained that his left knee hurt and caused "a sensation as though there were pieces of rocks in the knee"; he also had a decreased range of motion. Id. ¶ 11.

On September 28, 2004, Alvarez was seen by an orthopedic doctor who suspected Alvarez had a partial patellar tendon tear. Id. ¶ 12. On October 6, 2004, after continued pain, Alvarez requested an MRI (magnetic resonance imaging) of his left knee. Id. On December 10, 2004, Alvarez received an X-ray. Id. ¶ 13.

Between January 2005 and November 2007, Alvarez routinely complained to Dr. Motti Muletta[6] and Moss about pain in his left knee. Id. ¶ 14. Dr. Muletta and Moss prescribed pain medication, but Alvarez's pain continued. Id. A November 28, 2007 MRI of Alvarez's knee revealed a chronic bucket handle tear of the lateral meniscus that required immediate surgery. Id. ¶ 15.

On April 1, 2008, Alvarez had surgery on his left knee. Id. ¶ 16. The surgery was performed by Dr. Craig Bennett at the James L. Kernan Medical Center. Id. After the surgery, Dr. Bennett recommended that Alvarez receive a meniscus implant to prevent additional injury. Id.

In August 2008, Alvarez began having significant pain in his left knee, numbness in his left toes, and locking of the left knee. Id. ¶ 17. Alvarez requested the meniscus implant recommended by Dr. Bennett. Id.

In July 2009, Alvarez fell in the shower and injured his right knee. Id. ¶ 27. On July 29, 2009, Alvarez was seen by Moss for the right knee injury; Moss noted damage to Alvarez's right meniscus. Id. [7]

On September 18, 2009, Alvarez was seen by Dr. Bennett, who ordered that Alvarez be scheduled for the left meniscus implant. Id. ¶ 19. On September 3, 2010, Alvarez received the left meniscus implant. Id. ¶ 20. However, Alvarez continued to have intermittent pain in his left knee. Id. ¶ 21.

In January 2011, Alvarez received an MRI of his left knee, which revealed scar tissue needing removal. Id. ¶ 22. On July 26, 2011, Alvarez had surgery to remove the scar tissue. Id. Dr. Bennett recommended that Alvarez use an unloader brace for his left knee; despite several requests, Alvarez has not received the brace. Id. ¶ 23.

On August 23, 2011, Alvarez received an MRI of his right knee, revealing a lateral meniscus tear. Id. ¶ 30. On October 21, 2011, Alvarez was seen by Dr. Ashok Krishnaswamy at Bon Secours Hospital ("BSH"), who recommended arthroscopic surgery on Alvarez's right knee. Id. ¶ 31. Wexford Health Services, Inc. ("Wexford"), did not approve the surgery. Id.

Alvarez continued to have pain in his right knee and requested the arthroscopic surgery recommended by Dr. Krishnaswamy. Id. ¶ 32. Alvarez received physical therapy for his right knee, which aggravated his symptoms. Id.

On August 3, 2012, Alvarez was seen by Dr. Krishnaswamy, who again recommended arthroscopic surgery on Alvarez's right knee. Id. ¶ 33. On October 1, 2012, Dr. Bennett noted that Alvarez was a candidate ...


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