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Smith v. Irshad

March 8, 2007

WILLIE SMITH, PLAINTIFF,
v.
MOHAMMAD IRSHAD, M.D., STEPHEN CULLINAN, M.D., DAVID HUFFMAN, M.D., ROGER WALKER, SHERRY HILE, DEFENDANTS.



The opinion of the court was delivered by: Harold A. Baker United States District Judge

Order

Plaintiff claims Defendants have been deliberately indifferent to his serious medical needs. Before the court are Defendants' respective motions for summary judgment. After careful consideration of the parties' submissions, the court concludes that the plaintiff has not established a reasonable inference that anyone was deliberately indifferent to his medical needs. Accordingly, summary judgment must be granted to Defendants and this case terminated.

Summary Judgment Standard

A party moving for summary judgment must show, from the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, . . ." that there is no genuine issue of material fact and that the "moving party is entitled to judgment as a matter of law. Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir. 2001), citing Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986);Fed. R. Civ. P.56(c). This burden can be satisfied by "'showing'--that is, pointing out to the district court--that there is an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325. If such a showing is made, the burden shifts to the non-movant to "set forth specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e); Outlaw, 259 F.3d at 837. A nonmoving party cannot rest on its pleadings, but must demonstrate that there is admissible evidence that will support its position. Tolle v. Carroll Touch, Inc., 23 F.3d 174, 178 (7th Cir. 1994).

In determining whether factual issues exist, the court must view all the evidence in the light most favorable to the non-moving party. Beraha v. Baxter Health Corp., 956 F.2d 1436, 1440 (7th Cir. 1992). However, Rule 56(c) "mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof.

Facts

The court adopts these undisputed facts essentially verbatim from Dr. Irshad's memorandum in support of summary judgment (d/e 24). The cites refer to the attachments to that motion. The plaintiff's response does not create a justiciable dispute regarding any of the facts below.

1. Plaintiff, Willie L. Smith, was incarcerated at Logan Correctional Center when he filed this lawsuit, and he is currently incarcerated there.

2. The medical records state that Mr. Willie Smith was seen at Logan for reception screening on March 22, 2004. (See Exhibit 2A.)

3. Dr. Irshad provided care and treatment to the Plaintiff from March of 2004 through October of 2004. (Affidavit of Dr. Irshad)

4. In response to the complaints made by the Plaintiff, the Plaintiff was diagnosed with peripheral arterial disease. (Exhibit 1.)

5. Dr. Irshad referred the patient to Dr. Lori Rolando for evaluation of his complaints. (See Exhibit 1.)

6. Mr. Smith first complained of symptoms referenced in this Complaint on March 29, 2004 to a nurse during nurse sick call. (See Exhibit 2B.) Mr. Smith complained of pain in his right calf. The medical record notes as follows:

Inmate complains of pain in the right calf; inmate self reports pain in right calf. Has been increasing when he walks. Calf cramps and pain increases 10 on scale of 1 to 10. When stops walking, pain stops and cramps get better. No redness, no cordlike tendon. When palpates calf, able to feel small B-like masses (2) and when feel these masses, inmate self-reports the pain would be 7 or 8. Pulses in foot within normal limits. Foot warm. Cap refill within normal limits. Inmate self-reports when he lays in bed, cramps increase and leg starts to get numb, but when he gets up numbness disappears. Plan: MD Line, Motrin 400 mg orally 4 times a day for 7 days, rest-ice, no strenuous activity or sports. (See Exhibit 2B.) Inmate self-reports when laying down while here, pain disappears, no cramps. Will have MD evaluate calf on 3/31/04. (See Exhibit 2B1 and 2B2.)

7. Dr. Irshad first saw Mr. Smith personally on April 9, 2004. On that date, Mr. Smith's records state as follows:

S (subjective): claudication in the right leg - more than left on walking one block. Has to stop walking. O (objective): pulses unable to feel -feels also numbness in foot. A (assessment): PAD (peripheral arterial disease). Get Doppler vascular study - arterial. No smoking. Plan: Doppler arterial study of legs. (See Exhibit 2C.)

8. Based upon Dr. Irshad's examination of April 9, 2004, he determined that Mr. Smith suffered from peripheral arterial disease. Dr. Irshad ordered a Doppler arterial study of his legs in order to further evaluate his condition. (See Exhibit 2.)

9. Mr. Smith was escorted by security to Memorial Medical Center in Springfield, Illinois, on April 20, 2004 for those studies. (See Exhibit 2D.)

10. Dr. Irshad next saw Mr. Smith again on April 29, 2004. (See Exhibit 2.) On that date, Dr. Irshad's notes indicate as follows:

S: claudication in right leg. Leg tightening on walking - numbness, aching pain in leg. O: Doppler study - abnormal, significant disease. A: PAD, LDL 145, surgical consult. Plan: 1) no smoking; 2) keep walking; 3) vascular surgeon consult; 4) slow walk pass time 6 months. Dietary instructions given for low-fat diet. Prescriptions for Trental and aspirin were given. (See Exhibit 2E.)

11. Based upon the results from the Doppler study, Dr. Irshad advised Mr. Smith to stop smoking, to keep walking, and to refer the patient for a vascular surgeon consult. Dr. Irshad ordered a slow walk pass for six (6) months, as well as giving Mr. Smith dietary instructions for a low-fat diet. Mr. Smith was given Trental and aspirin ...


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