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Wilson v. Wexford Health Sources, Inc.

United States District Court, D. Maryland, Southern Division

May 3, 2016

TIWAN T. WILSON, Plaintiff,


Paul W. Grimm, United States District Judge.

Plaintiff Tiwan T. Wilson filed this complaint alleging that he has received insufficient and inappropriate medical care from Defendant Wexford Health Sources, Inc. ("Wexford"). Pending are Wexford's motion to seal and motion to dismiss or for summary judgment. ECF Nos. 9 & 10. Wilson was notified of his right to file an opposition in response to Wexford's dispositive motion and was advised of the consequences of failing to do so. See ECF Nos. 11 & 12. Wilson has filed nothing further, and the time to do so has passed. See Loc. R. 105.2(a). A hearing is unnecessary in this case. See Loc. R. 105.6. For the reasons stated below, the unopposed motion to dismiss or for summary judgment will be granted. Wexford's motion to seal Wilson's medical records, ECF No. 9, which contains his sensitive personal information, shall also be granted.


A. Plaintiffs Allegations

Wilson alleges that he has been coughing up blood since January 21, 2013, and that on August 4, 2014, he filed an administrative remedy procedure complaint ("ARP") in an effort to get help. Compl. 5, ECF No. 1. Although Wilson's ARP was dismissed on the grounds that he was already receiving medical care for his complaint, he states he was still experiencing chest pain and was coughing up blood. Id. He claims that medical staff at Eastern Correctional Institution ("Eastern") told him nothing was wrong with him. Id.

After being transferred to Roxbury Correctional Institution ("Roxbury"), Wilson submitted sick call in an effort to get help for his complaints. Id. He states that as a result of his requests he was sent for a chest x-ray and CT scan. Id. at 3. Wilson was first informed that the problem stemmed from metal inside his chest, which he states was what he was told previously while he was at Eastern. Id. He claims that medical staff "still did nothing about it." Id.

Wilson was sent back to the hospital for another test and states "they find (sic) out that [he is] suffering from lung disease." Id. Wilson believes this was the problem all along and that it was missed by medical staff at Eastern. Id. He further relates that he fears doctors at Roxbury are delaying proper treatment for his condition because he was told more tests would be required before surgery could be approved. Id. Wilson claims a doctor at Bon Secours Hospital informed him he would have to be sent to the University of Maryland where the original surgery on his chest was performed and his medical records are located. Id.

Wilson further alleges that "black lines" have begun to appear inside his fingernails. Id. He states that a physician's assistant told him the black lines could be an indication of heart disease, while another told him it could be related to his lung disease. Id. He maintains that neither physician assistant did anything about the black lines, such as order further tests to determine the reason for the black lines. Id. Wilson claims he is not on any type of medication to help with his lung disease or "whatever else [he] could be suffering from." Id.[[1]]

Wilson's request for relief seeks to "make Wexford . . . take responsibility and pay for their misdiagnosis and medical neglect." Id. at 4-5. He further asserts that Wexford misled the undersigned in a previous lawsuit and convinced the Court there was nothing wrong with him. Id. at 4. He seeks injunctive relief ordering appropriate medical care for his condition. Id.

B. Defendant's Response

Wilson sued Wexford in this Court for substantially the same claim in 2013. See Wilson v. Wexford, Civil Action PWG-13-3539 (D. Md. filed Nov. 22, 2013) ("Wilson I”). In that case, it was established that Wilson had a history of chest and abdominal trauma from multiple gunshot and stab wounds. See Wilson I Mem. 3, Wilson I, ECF No. 16. For his complaints of coughing up blood, Wilson received diagnostic imaging tests that revealed fibrotic changes in the mid-to-lower lung area, decreased aeration of his right lung, and deformities of his ribs. Id. Additionally, evidence of prior surgeries, including surgical clips in his right lower lung, were noted. Id. At that time, Wilson's complaints included chronic chest pain, which was not related to cardiac or respiratory problems; hemoptysis or coughing up blood; shortness of breath; upper respiratory disease; pneumonia; and empyema (collection of pus or infection) in his lung. Id.

In his 2013 complaint, Wilson had alleged that he was denied medical treatment, including diagnostic testing, for his complaints and sought injunctive relief ordering treatment. Id. at 1. Evidence was produced that indicated Wilson had received diagnostic testing and was being treated for bronchiectasis, a condition in which damage to airways causes them to widen and become flabby and scarred. Id. at 3 & n.4. I further observed that:

It appears the request for the CT scan was generated on March 28, 2013, six months before the test was conducted. At that time, it was noted that Plaintiff was complaining of intermittent hemoptysis and there was a need to rule out bronchiectasis or pulmonary disease following his admittance to the prison infirmary. Id. at 112, 327. A chest x-ray taken two months prior to the request for a CT scan on January 28, 2013, revealed "post-traumatic changes." Id. at 323. On May 7, 2013, when Plaintiff was seen by Dr. Ashraf, it was noted that there were no signs or symptoms of hemoptysis or shortness of breath, prompting Ashraf to delay the CT scan. Id. at 128.
The bronchoscopy test requested by the Bon Secours pulmonary clinic was done on December 4, 2013. Those test results indicate that plaintiff has "a mild restrictive lung defect" with "mild decrease in diffusing capacity" which is interpreted as an "insignificant response to bronchodilator." Id. at 341. Plaintiff was given another bronchoscopy on February 7, 2014, which ruled out any presence of a tumor or other lesion. Operative Report 1-2, Def.'s Supp. Ex. 1, ECF No. 12-1. There was evidence of bronchiectasis with acute inflammation of the inner walls of Plaintiff s lungs; the surgeon noted that there was "splinter hemorrhages" when touched ...

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