United States District Court, D. Maryland
DEBORAH K. CHASANOW UNITED STATES DISTRICT JUDGE
Reginald Thornton, a Maryland Division of Correction
(“DOC”) prisoner housed at Jessup Correctional
Institution (“JCI”), filed a self-represented
civil rights complaint under 42 U.S.C. § 1983, seeking
money damages against Wexford Health Sources, Inc.
(“Wexford”) and two of its officers, as well as
the University of Maryland Medical System
(“UMMS”) and one of its employees, Dr. Jeffery
Wolf. (ECF No. 1). Thornton alleged that Wolf negligently
performed surgery on his nose in 2008, and that Wexford, the
DOC's contractual health care provider, has delayed
treatment to correct the problem caused by the surgery.
(Id.). Defendants Wexford, UMMS, and Wolf were
dismissed by order dated July 5, 2016, and the case proceeded
for service of process on Defendants Ashworth and Conn,
solely as a civil rights action alleging a failure to provide
adequate and appropriate medical care in violation of the
Eighth Amendment. (ECF No. 3).
Conn,  Wexford's CEO, responded to the
court's service order, and has filed a motion to dismiss
or in the alternative motion for summary judgment, as
supplemented. (ECF No. 7). The motion is
unopposed. The court finds a hearing in this matter
unnecessary. See Local Rule 105.6 (D. Md. 2016). For
the reasons that follow, Defendant's motion, construed as
a motion for summary judgment, shall be granted.
seeks ten million dollars pursuant to the civil rights act,
42 U.S.C. § 1983. (ECF No. 1 at p. 5). He alleges that
he suffered damage to his nasal septum due to medical
negligence during a surgery at an area hospital in November
of 2008. (Id. at p. 3). Thornton complains that
following that surgery, “Wexford took more than 6 years
to send [him] back for a follow up with a E.N.T. [ear, nose
and throat] specialist” and when he saw the specialist
on May 26, 2015, Thornton “had a large perforation
(hole) in my septum.” (Id. at pp. 4, 5).
Thornton complains that the specialist suggested surgery to
close the perforation and the use of Vaseline in the area,
but a “year has past [sic] and [he] was issued only one
modest tube of Vaseline.” (Id. at p. 5).
Thornton states he has lost his sense of smell and taste, has
chronic dryness and difficulty breathing, and has developed a
bleeding ulcer. (Id.).
who is not a medical care provider, provides a different
version of the care provided to Thornton, who suffers from
sarcoidosis,  hernia, asthma, and septal perforation. On
May 26, 2015, Thornton was seen by Anwar Mumtaz, M.D. at Bon
Secours Hospital. (ECF No. 8 at p. 1). Dr. Mumtaz notes that
Thornton had nose surgery twice, once for the septum and then
for sinuses, and has a history of prescription and
over-the-counter use of nasal spray. (Id.). Thornton
reported frequent nose bleeds and difficulty breathing
through the nose, and indicated his middle turbinates
previously had been removed. (Id.). A large septal
perforation was noted. (Id.). Thornton was told to
use saline gel or Vaseline to keep the area moist, and
informed that if he wanted surgery, it could be performed by
a specialist at a tertiary care facility. He was advised
that the success rate for septal closure was limited.
2, 2015, Thornton requested to view his medical records.
(Id. at p. 2). On June 8, 2015, he was seen by
Emmanuel Esianor, P.A. subsequent to his return from Bon
Secours Hospital for treatment of a recurrent nose bleed.
(Id. at p. 3). Thornton reported all had gone well,
and the doctor had confirmed what he knew about septal
perforation. Vaseline was ordered. (Id. at p. 4).
17, 2015, Thornton submitted a sick call request for dental
assistance. (Id. at p. 5). On December 16, 2015, he
was seen at the chronic care clinic for sarcoidosis, where he
denied any complaints and was deemed asymptomatic.
(Id. at pp. 6-7). Examination of Thornton's
nose, mouth and throat showed no nasal deformity, and his
mucous membranes were normal. (Id.). A non-formulary
request for Vaseline was submitted, and approved.
(Id. at pp. 8-9).
February 17, 2016, Thornton submitted a sick call request
regarding headaches caused by sinus infections. (Id.
at p. 10). On February 26, 2016, he was seen by Joan Bailey,
R.N., then referred to a mid-level provider for treatment.
(Id. at p. 11).
March 2, 2016, Thornton was seen by Getachew Tefferra, M.D.
at the chronic care clinic. (Id. at pp. 12-13). He
had no respiratory symptoms. (Id.). Thornton's
Vaseline prescription was renewed to July 2, 2016
(id.), and was approved March 8, 2016. (Id.
at pp. 14-15).
March 8, 2016, Thornton was seen by Emmanuel Esianor, P.A. at
a provider sick call, where he complained of a sinus
infection and was prescribed one week of 500 mg Amoxicillin.
(Id. at pp. 16-17).
about April 9, 2016, Thornton complained of daily nose
bleeds. (Id. at p. 18). He was seen on April 23,
2016, by Oladipo Olaleye, R.N.P., and complained of chronic
sinus problems, nose bleeding, and difficulty breathing with
some nose pain. (Id. at pp. 19-20). Thornton was
diagnosed with nasal congestion, but showed no sign of
epistaxis (nose bleeds). He was prescribed saline nose spray
(id.), and a consult was placed to evaluate closure
of the septal perforation. (Id. at p. 21).
28, 2016, Thornton was seen by Darryl Hill, M.D. at the
chronic care clinic, where he denied any pulmonary symptoms,
but was noted to have a history of sinus involvement.
Prescriptions f or Afrin, saline nasal sprays, and Vaseline
were renewed. (Id. at pp. 22-25).
28, 2016, Thornton submitted a sick call request complaining
that infected cuts and bumps were not healing fast enough.
(Id. at p. 26). Two days later, on ...