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Hayes v. Snyder

March 20, 2007

FLOYD K. HAYES, PLAINTIFF,
v.
DONALD N. SNYDER, JESSE MONTGOMERY, MARK A. PIERSON, WANDA L. BASS, AND WILLIAM M. HAMBY, M.D., PH.D., EACH IN THEIR INDIVIDUAL CAPACITIES ONLY, DEFENDANTS.



The opinion of the court was delivered by: Michael M. Mihm United States District Judge

ORDER

This matter is now before the Court on Defendants' Motions for Summary Judgment. For the reasons set forth below, Defendant Hamby's Motion for Summary Judgment [#32] is GRANTED, and the Motion for Summary Judgment by Defendants Snyder, Montgomery, Pierson, and Bass [#33] is also GRANTED.

BACKGROUND

Plaintiff, Floyd Hayes ("Hayes"), is a 60-year-old former inmate in the Illinois Department of Corrections. In 1997, he was sentenced to 10 years' imprisonment and was ultimately incarcerated at the Hill Correctional Center ("HCC") in Knox County, Illinois.

Hayes claims that he began experiencing problems with his left testicle in September 2000. He was examined by Dr. Chaudry, the medical director at HCC at that time. At that time, the doctor's notes reflect a statement by Hayes that the cysts were causing him discomfort but no pain. On October 9, 2000, Hayes received an ultrasound, which revealed a cyst on his right testicle and a smaller cyst on his left testicle. Blood work was analyzed, with a complete blood count coming back normal. Urinalysis was normal, and tests came back negative for HIV, tumor markers for PSA, Alpha Feto Protein and Beta HcGon. Dr. Chaudry educated him about epidydimal cysts and after discussing Hayes' case with a consulting urologist on December 16, 2000, concluded that neither the removal of the cysts nor a referral for a urology consult/biopsy was indicated.

In March 2001, Hayes filed a grievance complaining that he should be seen by a board certified urologist and receive a biopsy on his cyst. He also requested to be transferred to a federal prison so that his medical benefits could provide appropriate treatment. The grievance officer denied the grievance after noting that Hayes had received appropriate screening related to his physical complaints, including special lab tests and an ultrasound. Warden Pierson concurred with this ruling on April 4, 2001, as did the Administrative Review Board Office of Inmate Issues on behalf of Donald Snyder, Director of the Illinois Department of Corrections.

On September 23, 2001, he visited HCC's medical unit for the pain. The next day, he was examined by a doctor in the medical unit, and the doctor prescribed an antibiotic for possible infection and Tylenol 3 for the pain.

On October 4, 2001, Hayes returned to the medical unit and was personally seen by Defendant Dr. William Hamby, the Medical Director of the unit. Hayes claims that he was experiencing swelling and cramping in his left testicle. However, Dr. Hamby's notes from that day reflect complaints of frequency and urgency in urination and observed suprapublic tenderness. After diagnosing high cholesterol, a possible urinary tract infection, and gastritis, Dr. Hamby prescribed Keflex, Tylenol, and Tagamet and advised Hayes to return in 10 days.

Hayes returned to the medical unit on October 15, 2001, as directed. He asserts that he again complained of severe pain in his left testicle, but Dr. Hamby's treatment notes indicate only continued discomfort in his left testicle. An examination revealed tenderness but no identified abnormality. Dr. Hamby prescribed an athletic supporter and advised Hayes to return in two weeks.

On October 29, 2001, Hayes was seen in the medical unit by Dr. Richard Shute. Hayes reported continued pain and swelling in his scrotum. Dr. Shute's notes indicate that his plan was to refer Hayes for a urology work up, but there is no evidence that he ever completed any of the forms required to refer an inmate out for an outside consultation or treatment, and Dr. Hamby testified that no request for a referral to an outside physician was ever presented to him by Dr. Shute. Hayes never received the referral for a urology work up.

On January 13, 2002, Hayes returned to the medical unit complaining, "My cyst is bigger. I feel and I'm in pain they don't want to check it out any further because I'm short."*fn1 The following day, Dr. Hamby performed a review of Hayes' medical file and recommended that Hayes be seen by a doctor.

On January 25, 2002, Hayes saw Dr. Shute again and reported increased pain while urinating and an upward curvature in his penis. Dr. Shute noted that Hayes' left testicle was pulled upward and was much higher than his right testicle, but he observed no penile curvature. Dr. Shute further observed that the ultrasound results were non-conclusive but suggestive of epdidymal cysts and that the patient had improved in the past with a course of antibiotics. He prescribed an antibiotic, ibuprofen, and ice packs, as well as recommended a repeat ultrasound. There is no reference in Dr. Shute's notes to any need for an outside referral or consultation.

Hayes saw Dr. Shute again on February 6, 2002. Although Hayes complained of continued left scrotal pain, his primary complaints appear to have been with respect to a lump in his forearm. Dr. Shute's recommended treatment was to continue taking ibuprofen.

On February 14, 2002, Hayes returned to Dr. Shute to review x-ray results of his forearm. At that time, he also requested a change in pain medication for his testicular pain. Dr. Shute recommended that he continue to take ibuprofen and use an ice pack.

On April 17, 2002, Hayes complained that his scrotum still swelled but that it responded somewhat to ice packs. Dr. Shute renewed his ...


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