United States District Court, D. Maryland
DEBORAH K. CHASANOW United States District Judge
before the court is a motion to dismiss, or alternatively,
for summary judgment filed by Defendants Robustiano Barrera,
M.D., William Beeman, R.N., Mahboob Ashraf, M.D. and Krista
Bilak, R.N.P. (“Medical Defendants”). ECF No.
Plaintiff was informed by the court, pursuant to Roseboro
v. Garrison, 528 F.2d 309 (4th Cir. 1975), that failure
to file a response in opposition to the motion filed by the
medical defendants could result in the dismissal of his
complaint. ECF No. 8. To date, Plaintiff has filed nothing in
response to the motion. Upon review of the papers filed, the
court finds a hearing in this matter unnecessary.
See Local Rule 105.6 (D. Md. 2016). For the reasons
stated below, the medical defendants' dispositive motion
will be granted.
Bruce William Beall, an inmate currently confined at North
Branch Correctional Institution (NBCI) in Cumberland,
Maryland, filed this verified complaint on August 24, 2016,
and alleged that the medical defendants have been
deliberately indifferent to his serious medical needs. ECF
No. 1. Specifically, Plaintiff states that he had to have
surgery on his right thumb after he suffered a seizure in
2011 and hit his hand against the sink/toilet in his cell.
ECF No. 1, p. 5. He states that medical staff waited so long
to treat him that his right thumb “healed
crooked” resulting in the need for surgery.
Id., p. 6. He states that the surgery consisted of
his thumb being re-broken and the placement of two removable
pins. Id. Thereafter, the medical department refused
to give him tape to hold his ace bandage in place with the
result that, “everything fell off and only one of the
removable pins could be seen.” Id. He states
that he found out that the second pin went through the skin.
Id., pp. 6-7. Plaintiff states that he complained
about this and x-rays were taken but nothing was done.
Id., p. 7.
also alleges that Defendants stopped his pain medication and
when he asked to have pain medication he was advised that it
was “a bad idea because of other medication” he
was taking. Id., p. 7. He claims that he is in
continuing pain and he seeks compensatory damages as well as
an injunction providing surgery and pain medication.
Id., pp. 7-8.
contend that the allegations concerning an injury to his
thumb in 2011 are time barred and that the complaint
otherwise should be dismissed because it fails to allege any
specific wrongdoing by any of them particularly as it relates
to ongoing complaints of pain.
medical defendants indicate that Plaintiff was evaluated by
LPN Stella Dale on January 10, 2012, reporting that he
injured his left hand on January 9, 2012, during a seizure.
ECF No. 7-2, p. 3. Plaintiff's left thumb was bruised and
swollen. Id. Plaintiff was evaluated on January 13,
2012, by Colin Ottey, M.D. who noted swelling and bruising of
Plaintiff's left hand. Id., p. 4. Ottey ordered
Plaintiff to be provided with an ace bandage for three
months, directed Plaintiff to ice the thumb in the evenings,
and referred Plaintiff to another provider for follow-up in
two weeks. Id., pp. 5, 7.
January 28, 2012, Plaintiff was again evaluated by Dr. Ottey.
Id., p 8. At this time it was noted that Plaintiff
was being seen for a follow up for an injury to his right
hand. An x-ray of the hand revealed a fracture of the first
metacarpal bone with some displacement. Id.
Plaintiff was prescribed Ibuprofen and Tylenol-codeine No. 3
to be taken as needed and a consultation request for an
orthopedic evaluation was placed. Id., pp. 8-9.
was seen by Registered Nurse Metheny on February 17, 2012,
due to continued complaints of right hand pain. Id.,
p. 10. It was noted that the request for an orthopedic
consultation was approved. Id.
was seen by an off-site medical provider on February 24,
2012. Id., p. 13. He was returned to the facility
with an ace bandage wrap intact and reporting no issues.
Id. Plaintiff saw Dr. Ottey on March 10, 2012.
Id., p. 15. Ottey noted that Plaintiff had recently
been seen by an orthopedic surgeon who recommended open
reduction surgery and internal K-wire fixation of
Plaintiff's right thumb. Id.
April 17, 2012, Plaintiff underwent surgery on his thumb by
Dr. Krishnaswamy. Id., p. 17. Plaintiff was placed
in a sprint and discharged back to the institution the same
day. He was prescribed Ibuprofen and Tylenol-codeine No. 3
for pain relief. Id., p. 18.
April 21, 2012, during a follow-up visit with Dr. Ottey,
Plaintiff reported pain in his hand. The hand was noted to be
improving and swelling was mild. Id. Plaintiff's
prescriptions for Ibupofren and Tylenol-codeine No. 3 were
22, 2012, Plaintiff reported to Registered Nurse Monica
Metheny that he believed a “pin came out of his
thumb.” Id., p. 23. He was seen the following
day by Physician's Assistant Katie Winner. He reported
that he was in a lot of pain. It was noted that he was still
wearing the cast that was placed by the surgeon. A
consultation request for follow-up ...