United States District Court, D. Maryland
THEODORE D. CHUANG JUDGE
Anthony Newman, an inmate presently incarcerated at the
Patuxent Institution ("Patuxent") in Jessup,
Maryland, filed a civil action against Defendants Dr. Andrew
Moultrie, Oladipo Olaleye, and Wexford Health Sources, Inc.
("Wexford",, alleging medical neglect and medical
malpractice. Newman claims that since 2013, he has developed
lumps on his head, face, neck, and body, which Defendants
have failed to treat properly. Pending before the Court is
Defendants' Motion to Dismiss or Alternatively for
Summary Judgment,, which is fully briefed. Upon review of the
submitted materials, the Court finds that no hearing is
necessary. See D. Md. Local R. 105.6. For the
reasons set forth below, Defendants' Motion is GRANTED.
has a history of a skin condition that causes
"bumps," "papular lesions,"
"pimples," or "acne" on his face and
body. Medical Records 6, 15, 255 54, Defs.' Mot. Ex. 1,
ECF No. 8-3. He first reported bumps on his face on August
29, 2013, was prescribed medication, and was told to follow
up if the condition worsened or failed to improve within 15
days. Newman did not complain again about skin issues until
Newman's periodic physical examination on April 27, 2015,
Dr. Moultrie noted that "[n]o impressive skin lesions
are present." Id. at 13. From June through
August 2015, Defendant Olaleye, a registered nurse
practitioner, saw Newman on four separate occasions for
scattered bumps and lesions on his face and for blisters
around his mouth. Olaleye prescribed various medications on
June 3, 2015, June 29, 2015, and July 23, 2015 for the bumps
and lesions. On August 26, 205,, Dr. Moultrie saw Newman for
lesions on his head and neck and diagnosed him with acne and
folliculitis. Dr. Moultrie prescribed topical agents and
Newman returned to see Olaleye on October 20, 2015, he
reported that the "skin eruptions" were not
responding to medication. Id. at 25. At that time, a
pustule culture was sent to the lab for bacterial testing and
came back negative. Olaleye examined Newman six times in
October, November,, and December 2015 regarding the skin
lesions on his face and prescribed various topical
medications. On November 11, 2018, Olaleye
recommended a consultation with a dermatologist. On November
23, 2015, Olaleye followed up with doctors regarding the
December 3, 2015, Newman had a telemedicine consultation with
Dr. Temegen, the Regional Medical Director, who, along with
Dr. Moultrie, recommended a punch skin biopsy. The biopsy was
originally scheduled for January 2016, but on January 18,
2016, the doctor at the on site surgery clinic, concluding
that the lesions did not appear cancerous, recommended that
Newman see a dermatologist first and only return if there was
a concern that the lesions were malignan.. On April 21, 2016,
Newman reported for the punch biopsy, but he had no active
lesions at the time. He was instructed to return when he had
a new lesion, "preferably on [his] chest."
Id. at 48.
19, 2016, Newman returned with one lesion on his face, but he
was unable to get a puncture biopsy because the lesion was
"not mature." Id. at 52. Newman next
returned on July 8, 2016 with pimple-like lesions on his
face. Noting that prior treatment had not been successful,
Olaleye requested an infectious disease evaluation rather
than another dermatology consultation.
September 25, 2016, Newman had a telemedicine consultation
with an infectious disease physician. That doctor diagnosed
Newman as having "[r]ecurrent folliculitis" and
proposed "long term suppressive therapy with Doxycycline
50 to 100 mg daily and use of antiseptic soap."
Id. at 59. Newman next visited Olaleye regarding the
skin lesions on November 22, 2016 and stated that there had
been no improvement.. Newman demanded to see a dermatologist
and refused "to take any more antibiotics."
Id. at 61.
December 13, 2016, Newman saw Olaleye for an unscheduled
visit due to an abscess or boil close to the left nasal
bridge. Due to the size and location of the abscess, Olaleye
determined that a puncture biopsy would be difficult.
Nevertheless,, when the medical providers sought to conduct
such a biopsy to assess whether further dermatology
consultation was needed, Newman refused to sign an
authorization form and stated that he would probably not take
any medication ordered for him.
31, 2017, during a scheduled visit, Newman reported that the
treatment in place did not stop the recurrent boils and
requested a biopsy of the skin. Newman did not return until
December 13, 2017, when he stated that he had had outbreaks
since his last visit, but "did not come up to medical
because he felt that nothing new would be done."
Id. at 71. Dr. Moultrie ordered a consultation with
February 15, 2018, a single lesion located on Newman's
face was biopsied. On March 8, 2018, Newman was informed of
the biopsy results, which revealed "epidermal
hyperplasia with mild keratosis, basal keratinocytes with
reactive atypia and focal ulcerations." Id. at
75. A dermatology consultation was ordered.
9, 2018, Newman was seen at the Johns Hopkins Outpatient
Center. Following the examination, he was diagnosed with
"severe acne and folliculitis," which was
determined to be non-cancerou.. Johns Hopkins Records 2,
Defs.' Reply Ex. 1, ECF No. 14-1. Newman was prescribed
Accutane and directed to return to Johns Hopkins monthly for
monitoring, re-prescription of medication, and blood work.
February 11, 2018, Newman filed this case in this Court,
alleging claims of medical neglect and medical malpractice.
He seeks compensatory damages and a ...