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Newman v. Moultrie

United States District Court, D. Maryland

December 18, 2018

ANTHONY NEWMAN, Plaintiff,
v.
ANDREW MOULTRIE, MD, OLADIPO OLALEYE, RNP, and WEXFORD[1] Defendants.

          MEMORANDUM OPINION

          THEODORE D. CHUANG JUDGE

         Plaintiff 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.

         BACKGROUND

         Newman 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 2015.

         During 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 antibiotics.

         When 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 recommendation.

         On 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.

         On May 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.

         On 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.

         On 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.

         On May 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 a dermatologist.

         On 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.

         On July 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.

         On February 11, 2018, Newman filed this case in this Court, alleging claims of medical neglect and medical malpractice. He seeks compensatory damages and a ...


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