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Perry v. Wexford Health Sources, Inc.

United States District Court, D. Maryland

December 26, 2018

DUSTIN W. PERRY, Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC., ELAINE COTTON, Nurse, and DR. MOHAMMAD SALEEM, M.D., [1] Defendants.

          MEMORANDUM OPINION

          Date Paula Xinis, United States District Judge

         Self-represented Plaintiff Dustin W. Perry, an inmate incarcerated at the Calvert County Detention Center in Barstow, Maryland, brings this civil action pursuant to 42 U.S.C. § 1983 against Defendants Wexford Health Sources, Inc. (“Wexford”), Nurse Elaine Cotton, and Mohammad Saleem, M.D. ECF No. 1. Perry avers that while he was housed at the Patuxent Institution (“Patuxent”), Defendants denied him medical care and failed to provide timely treatment for his toe. ECF Nos. 1, 3. He seeks $150, 000 in damages. ECF No. 17.

         On March 30, 2018, Wexford moved to dismiss the Complaint or alternatively for summary judgment (ECF No. 21), to which Perry responded. ECF No. 25. On August 6, 2018, Dr. Saleem moved for summary judgment (ECF No. 35), also to which Perry responded. ECF No. 37. After review of the record, exhibits, and applicable law, the Court deems a hearing unnecessary. See Local Rule 105.6 (D. Md. 2018). Defendants' motions shall be granted.

         I. Background

         Perry alleges in his Complaint that nurse Cotton[2] denied him medical care “from the end of Sept. 2016 to the second week of Nov. 2016.” ECF No. 1 at 2; ECF No. 3-2 at 2-3.[3]According to Perry, his left toe “was an open wound, constantly bleeding” and swollen. Id. He further states that Dr. Saleem, a surgeon, treated the “Double Ingrown Nail” on his toe in January 2017. Id.; ECF No. 16.

         On April 6, 2018, Perry amended his Complaint to state, as best as can be ascertained, that surgery on his toe was originally scheduled for June 29, 2016 and July 11, 2016, but did not take place until five months later, on November 29, 2016. ECF No. 24 at 2. Perry asserts that his untreated toe wound caused “everlasting effect” and damage to his balance, nerves, and the appearance of his left toe. Id.

         According to Perry's medical records, on March 18, 2016, Perry saw medical staff regarding his toe. ECF No. 35-3 at 2. At that time, Perry requested a nail clipper from Priscilla Momoh, PA-C, to clip his ingrown left toenail; however, the nail clipper was not available, and Perry was rescheduled to return. Id. On March 31, 2016, Perry requested pain medication, stating that he re-injured his left toe after his cellmate accidentally stepped on it. Id. at 4. Ayo Jimoh, a registered nurse, assessed the toe and noted that it was bleeding profusely with a deep cut. Id. Jimoh cleaned and treated the area, and instructed Perry to have the ingrown toenail cut. Id.

         On April 4, 2016, Perry saw Emmanuel Esianor, a physician's assistant, during a sick call visit. Id. at 5. Perry complained to Esianor that his left toe, which he described as “open and painful, ” had been infected for four months. Id. Esianor ordered topical wound care twice a week for one month. Id. at 6.

         On June 22, 2016, Perry saw Jimoh, at which time Perry requested removal of his ingrown toenail. Id. at 8. Jimoh did not note of Perry any apparent acute discomfort. Id. On June 28, 2016, Perry returned for a sick call visit with Oladipo Olaleye, a nurse practitioner, complaining of the left ingrown toenail. Id. at 9. Olaleye noted that Perry's toenail was tender and “clear drains at times.” Id. Olaleye referred Perry for consultation with a surgeon regarding ingrown toenail removal. Id. at 10.

         On June 29, 2016, Perry saw Dr. Saleem for evaluation. Id. at 12. Dr. Saleem noted that Perry had “tender skin on left big toe and has ingrowing toe nail[, ] no pus or exudate.” Id. Dr. Saleem recommended surgery to treat the toe, and Perry was scheduled for surgery shortly thereafter.

         On August 30, 2016, Perry saw Olaleye during a sick call visit. Id. at 13. Noting that surgery had previously been scheduled by Dr. Saleem, Olaleye sent an email to remind the scheduler to set up the appointment for toenail removal. Id.

         On October 11, 2016, Perry was transferred from Patuxent to Maryland Correctional Institution-Hagerstown (“MCI-H”), where he continued to be seen by medical staff for his left toe. See ECF 21-4 at 4-17. On October 20, 2016, a consultation for surgical removal of Perry's left ingrown toenail was submitted. Id. at 10.

         On November 29, 2016, Perry was seen at the MCI-H surgical clinic by Dr. Saleem, at which time his left ingrown toenail was successfully removed. Id. at 18. Perry was prescribed pain medication and antibiotics and was directed to return for a follow-up in one month. Id.

         Perry returned to the clinic for wound care on December 6, 2016 and December 9, 2016. Id. at 21-25. On December 13, 2016, Perry indicated during a scheduled provider visit that he no longer wanted to have wound checks on his toe, stating that “it's fine.” Id. at 26. On December 18, 2016, nurse Christina Bird updated Perry's medical chart to indicate that the toe wound had healed and Perry has “no exudate present, no pain, and no signs or symptoms of infection.” Id. at 28. As a result, Bird noted that “[n]o further treatment is ...


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