The opinion of the court was delivered by: Harold A. Baker United States District Judge
Case Management Order # 6
On May 12, 2006, the Court directed the defendants to show good cause why an expert should not be appointed pursuant to Fed. R. Evid. 706(a)(d/e 66).
In response, the defendants referred the plaintiff to an outside consultant, Dr. Pulisetty, an orthopedic surgeon. The Court delayed the decision on appointing an expert and directed the defendants "to file a report from Dr. McAndrew*fn1 that addresses the plaintiff's current diagnosis, prognosis, recommended treatment, seriousness of the plaintiff's condition and urgency of recommended treatment (if any), medical consequences to the plaintiff if the recommended treatment is not followed, and need for further consultation with additional specialists, if any." (d/e 74).
Plaintiff's Consultation with Dr. Pulisetty on June 20, 2006
The defendants have file a notice of compliance, attaching the report of Dr. Pulisetty. (Ex. 2, d/e 76). Dr. Pulisetty examined the plaintiff on June 20, 2006, at Kenneth Hall Regional Hospital in East St. Louis, Illinois. (Dr. Feinerman Aff., ¶4, d/e 76). Dr. Pulisetty's written report states in pertinent part:
GENERAL: Moderately built and nourished African American male, in no acute distress.
CHIEF COMPLAINT: Pain and discharge, left thigh.
HISTORY OF PRESENT ILLNESS: this is a 26-year-old African-American male . . . . He was brought with the complaints of 15-year-old gunshot wound to the left thigh with multiple surgeries on the femur. He has noticed recently some seepage from the thigh wound. He has vague pain. He also says from the head injury he has weakness in his spine muscles and he is not able to stand up and walk. This he tells me has been going on for several years. He tells me in the prison he does not walk and most of the time he rests. He, however, tells me that his knee, foot and ankle are intact without much problem whatsoever. . . .
EXTREMITIES: The left thigh has multiple scars. Today, there is no discharge. All the scars looked well healed and dry. He has vague pain in the thigh on formal palpation. His range of motion in the hip, knee, foot, and ankle are normal. Muscular strength is normal. Neurovascularly, the left lower extremity is intact.
X-RAYS: . . . The most recent film shows only one [illegible] circumferential metal wire around the midshaft of the femur with only one bullet closely placed. There is no metal in this thigh anymore. No obvious osteomyelitis is evident.
DIAGNOSIS: chronic osteomyelitis with well-healed compound fracture of the femur.*fn2
MEDICAL DECISION MAKING: Condition, prognosis, and treatment options were discussed in detail. I do not find any obvious osteomyelitis in the thigh. There is no soft tissue swelling or redness and the bones look normal on x-rays. I would go ahead and do a bone scan to see if there is any activity in the thigh also we will obtain some more fresh x-rays of the femur. Follow up with the above results.
Dr. Feinerman avers that he will approve a bone scan (and, presumably the x-rays) for review by Dr. Pulisetty. (Dr. Feinerman Aff. ¶ 7). Dr. Feinerman further avers that, "In my opinion, no definitive diagnosis, prognosis, or recommended treatment has been recommended by Dr. Pulisetty. Accordingly, I have no definitive information before ...