United States District Court, D. Maryland
DERIK YILLEDA-MORALES, Prisoner Identification Nos. 361700, Plaintiff,
WEXFORD HEALTH SOURCES, INC., DR. TESSEMA, P.A. CRYSTAL JAMISON, DR.AYAJOUBERT-CURTIS, DR. MAHBOOBEH MEMARSADEGHI, B. BONNER, Nurse Manager, TERESA FOLK, RNADON, DR. MEMAR, and P. HIHEUBA, Defendants.
THEODORE D. CHUANG, United States District Judge.
Derik Yilleda-Morales, currently incarcerated at the Roxbury
Correctional Institution ("RCI") in Hagerstown,
Maryland, has filed suit under 42 U.S.C.
§ 1983 alleging that Defendanss Wexford
Health Sources, Inc. ("Wexford", RCI's
contracted medical services provider; Dr. Tessema;
Physicianss Assistant ("P.A.") Crystal Jamison; Dr.
Ava Joubert-Curtis; Dr. Mahboobeh Memarsadegh;; B. Bonner, a
Nurse Manager; Registered Nurse ("R.N." or
"Nurse") Teresa Folk; Dr. Memar; and P. Hiheuba
were deliberately indifferent to his medical needs stemming
from chronic joint pain, in violation of his rights under the
Eighth Amendment to the United States Constitution. Presently
pending before the Court is a Motion to Dismiss, or, in the
Alternative, Motion for Summary Judgment filed by Defendants
Wexford, Tessema, Jamison, Joubert-Curtis, Folk, and
Memarsadeghi (collectively, "the Medical
Defendants".. Service of process was not properly
effected on Defendants Bonner, Memar, or Hihueba because
Wexford has not been able to identify these individuals.
Villeda-Morales has also filed a Motion for Appointment of
Counsel. No. hearing is necessary to resolve these motions.
See D. Md. Local R. 105.6 (2016). For the reasons
set forth below, the Medical Defendants' Motion is
GRANTED. Villeda-Morales's Motion for Appointment of
Counsel is DENIED.
September 24, 2015, Villeda-Morales was evaluated by Dr.
Colin Ottey in the RCI Chronic Care Clinic ("CCC").
Villeda-Moralss reported that he had bilateral pain in his
wrists, elbows, shoulders, and ankles, and stiffness in his
joints. He was diagnosed with "arthritis with
Reiter's Disease." Med. Records at 1, Mot. Dismiss
Ex. 1, ECF No. 14-4. Reiter's Disease, or Reiter's
Syndrome, is a form of arthritis caused by an infection.
Villeda-Morales was prescribed the medications Mobic
(Meloxicam) and Glucosamine Chondroitin to address his pain
November 20, 2015, Villeda-Morales complained of shoulder
pain to Carmen Griffith, R.N. Nurse Griffith noted that the
condition was chronic, that Villeda-Morales had been
diagnosed with Reiter's Disease, and directed him to
continue taking his prescribed medications and submit a
sick-call slip if the medications did not address his pain.
He was sent back to his housing unit in stable condition.
Three days later, on November 23, 205,, he again visited
Nurse Griffith because of his shoulder pain. Nurse Griffithss
report described Villeda-Moralesss skin as "dry, warm
and intact, " with no evidence of swelling or infection.
Med. Records at 6. Nurse Griffith told him to continue to
take the prescribed Mobic and to use hot compresses for pain.
On December 24, 2015, Villeda-Morales, during an examination
in the CCC by Dr. Monica Stallworth, reported good symptom
relief from his current medication for arthritis and
April 25, 2016, Villeda-Morales had a medical visit with
Deborah Keller, R.N. and complained of left shoulder pain. He
described his pain as "9/10" and stated that he had
experienced pain for two years, but that it had worsened over
the past month. Id. at 10. At that time,
Villeda-Morales did not have full range of motion. Five days
later, on April 30, he visited Nurse Keller again and stated
that he believed his shoulder was dislocated. His range of
motion was within normal limits. Nurse Keller assessed his
injury as related to a shoulder strain or sprain and directed
Villeda-Morales to continue taking his medications.
22, 2016, Villeda-Morales was examined by Susan Myers, R.N.
and complained of "strains, sprains [and] minor
trauma." Id. at 13. His chief concern was pain
in his left shoulder. Nurse Myers found the area over his
anterior left clavicle to be tender. She recommended the
immobilizaiion of the injury, either a sprain or strain, with
an elastic bandage or splint, heat applications, and ice or
cool compresses as needed. Six days later, on May 28,
Villeda-Morales again visited Nurse Griffith and complained
of "left shoulder pain and bone buildup."
Id. at 18. Nurse Griffith found that on the
"bones on each acromion process, " the
"outside edge of bones" were
"protruding"" and the "right wrist
bones" were "protruding"" Id. He
was referred to a physician.
2, 2016, Dr. Ava Joubert-Curtis examined Villeda-Morales.
Villeda-Morales reported that his shoulders were
"aching." Dr. Joubert-Curtis noted that
Villeda-Morales was "formerly heavy into weight
lifting." Id. at 22. She diagnosed him with
bilateral shoulder pain of moderate severity and mildly
reduced range of motion. Dr. Joubert-Curtis advised
Villeda-Morales to take Mobic, to discontinue bench pressing,
and to perform previously prescribed shoulder mobility
exercises. An x-ray was ordered, and a follow-up examination
was scheduled for one month later. On June 8, 2016, a right
shoulder x-ray was taken but revealed no evidence of acute
fracture, dislocation, or subluxation.
a chronic care visit on June 10, 2016, Dr. Belay Tessema
discussed the x-ray results with Villeda-Morales and noted
that Villeda-Morales had no joint swelling and good shoulder
mobility. Dr. Tessema observed that the left shoulder showed
osteoarthritis, while the right shoulder was normal. Dr.
Tessema changed Villeda-Morales's Mobic prescription to
Naproxen and continued his prescription for Glucosamine
Chondroitin. On June 14, 2016, Villeda-Morales visited Nurse
Myers because he had not yet received his Naproxen. He
received the Naproxen on June 17, 2016. On June 18, 2016, Dr.
Stallworth reviewed his x-ray results with him and advised
him to avoid weightlifting. However, on June 30, 2016,
Villeda-Morales reported that "his right shoulder is
hurting the same way the left shoulder pain started out"
and that "the naproxen is not helping."
Id. at 31.
continued to go to medical appointments because of his
shoulder pain. On July 13, 2016, P.A. Crystal Jamison, noted
that the left shoulder x-ray reflected a degenerative joint
disease in Villeda-Morales's left acromioclavicular
("AC") joint. Villeda-Morales requested a trial
Kenalog (corticosteroid) injection, which he received on
August 15, 2016. Four days later, on August 19,
Villeda-Moralss reported that the shoulder area that was
originally painful was better, but that he still had mild
discomfort. However, by August 24, 2016, he complained to Kim
Morrison, R.N. that he had sharp pain at the site of the
injection. Nurse Morrison discussed heat and cold therapies
with Villeda-Morales and referred him for further evaluation.
September 8, 2016, Villeda-Moralss was examined by P.A.
Jamison for continued right shoulder pain. P.A. Jamison
requested additional x-rays, which revealed no acute
fracture, but did reveal a seven-millimeter left AC joint
separation. On September 29, 2016, Villeda-Morales told
Marion Diaz, R.N. that he could not sleep at night because of
the shoulder pain. On October 7, 2016, Villeda-Morales was
examined by Harlan Woodward, R.N., who noted a clicking sound
in Villeda-Morales's clavicle and shoulder. After another
visit with a nurse on October 27, 2016, Villeda-Morales was
seen in the CCC by Dr. Mahboobeh Memarsadeghi on November 7,
2016. After noting the September 2016 x-ray results,
including the "remarkable" seven-millimeter
separation of the left AC joint, Dr. Memarsadeghi ordered a
consultation with an orthopedic specialist. Id. at
December 2, 2016, Villeda-Morales met with Dr. Manning, the
orthopedic specialist. Dr. Manning noted that Villeda-Morales
had experienced two years of shoulder pain since lifting
weights. Dr. Manning diagnosed Villeda-Morales as having a
Grade II AC sprain, directed a physical therapy program to
strengthen his right and left shoulders, prescribed a
nonsteroidal anti-inflammatory drug ("NSAID") gel
to be applied to each shoulder, and ordered additional x-rays
and a follow-up orthopedic evaluation after the completion of
January 10, 2017, the RCI pharmacy declined to provide the
NSAID gel prescribed by Dr. Manning and recommended a
capsaicin ointment instead. On January 16, 2017,
Villeda-Morales became angry and was asked to leave the RCI
dispensary when he was told that his medication had been
declined. On January 25, 2017, however, pursuant to a request
from Dr. Memarsadegh,, the pharmacy approved the NSAID gel.
was evaluated for physical therapy on January 17, 2017. The
physical therapist, Stephen D. Ryan, defined the goals of the
physical therapy program as increasing the strength of left
shoulder stabilizers and establishing a self-management
program. Villeda-Morales underwent physical therapy sessions
throughout January and into February 2017. Approximately
three weeks after his last physical therapy session,
Villeda-Morales requested a consult with the "bone
doctor" and became upset when RCI medical staff refused
to provide him with the exact date of his appointment..
Id. at 78. After Villeda-Morales again requested, on
March 12, 2017, to see an orthopedics, the consultation was
ordered on March 24, 2017. On April 5, 2017, P.A. Jamison
noted that the physical therapist had not yet conducted a
post-therapy evaluation ...