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Hilton Lloyd Keller v. Adrian Feinerman and Dr. Elyea

April 20, 2010

HILTON LLOYD KELLER, PLAINTIFF,
v.
ADRIAN FEINERMAN AND DR. ELYEA, DEFENDANTS.



The opinion of the court was delivered by: Richard MILLS,*fn1 U.S. District Judge:

OPINION

For the following reasons, Defendant Adrian Feinerman's Motion for Summary Judgment [d/e 70] is denied.

I. BACKGROUND

The Plaintiff, Hilton Keller, is a prisoner at the Menard Correctional Center, Menard, Illinois. Dr. Adrian Feinerman has been the Medical Director at Menard Correctional Center since 2005.

This is a civil rights action pursuant to 42 U.S.C. § 1983, wherein the Plaintiff alleges that his constitutional rights have been violated during his incarceration. The Plaintiff claims that Dr. Feinerman was deliberately indifferent to his serious medical needs, an assertion that Dr. Feinerman disputes. Dr. Feinerman contends that he enjoys qualified immunity.

The Plaintiff suffers from gastroesophagael reflux disease (GERD). The Plaintiff claims that prior to Dr. Feinerman's appointment as Medical Director at Menard, the Plaintiff had sought medical attention from prison staff regarding his GERD symptoms. The Plaintiff claims that he had previously sought treatment for his GERD and throat pain. The Plaintiff claims that a Menard physician, Dr. Platt, recommended referral to an ear, nose, throat specialist (ENT) in 2004, but that this request was blocked by Dr. Faisal Ahmed, the Medical Director at that time.

The Plaintiff has had numerous other health care issues or complaints during his incarceration at Menard. For example, on June 29, 2005, the Plaintiff was sent to an outside facility so a lymph node biopsy could be performed.

Dr. Feinerman had his first visit with the Plaintiff during the Summer of 2005.*fn2 Prior to that appointment, Dr. Feinerman reviewed the Plaintiff's medical records and possessed general knowledge of the Plaintiff's medical history.

The Plaintiff claims that on August 1, 2005, August 22, 2005, and September 6, 2005, the Plaintiff complained to Dr. Feinerman about severe heartburn, shoulder pain, sore throat, abdominal pain, stomach cramps, and constipation. The Plaintiff claims that he repeatedly requested a referral to an ENT. Dr. Feinerman denies these allegations.

The Plaintiff claims that when he saw Dr. Feinerman again on November 30, 2005, he told Dr. Feinerman of his sore throat and hoarseness, and requested to see an ENT. The Plaintiff claims he was suffering severe pain throughout this period. Dr. Feinerman denies this allegation.

On February 26, 2006, the Plaintiff saw another physician, Dr. Ady. Dr. Ady determined that the Plaintiff's chronic hoarseness of voice was probably caused by GERD. Dr. Ady recommended that the Plaintiff see an ENT.

On March 17, 2006, Dr. Feinerman saw the Plaintiff, and noted that the hoarseness could have been caused by GERD. The Plaintiff was seen by another doctor on March 21, 2006, who recommended that the Plaintiff see an ENT.

The Plaintiff was sent to an ENT in early April of 2006, and the Plaintiff underwent a laryngael polypectomy on May 19, 2006.

During relevant periods, the Plaintiff had been prescribed medication, including Tagament and Prilosec. The Parties dispute whether the Plaintiff's GERD treatment to date has been adequate since the surgery was performed in May of 2006.

The Parties agree on very few facts in this case. Before the Court are affidavits from both the Plaintiff and Dr. Feinerman, depositions from both Parties, and other documentation. The differing accounts of treatment are not reconcilable. In the summary judgment briefing, ...


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