Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Earnest Shields v. Gerardo Acevedo

June 25, 2012

EARNEST SHIELDS, PLAINTIFF,
v.
GERARDO ACEVEDO, INDIVIDUALLY, WEXFORD HEALTH SOURCES, INC., ARTHUR FUNK, M.D., INDIVIDUALLY AND AS AGENT OF WEXFORD HEALTH SOURCES, INC., RICHARD SHUTE, M.D., INDIVIDUALLY AND AS AGENT OF WEXFORD HEALTH SOURCES, INC., ROBERT MIGLIORINO, D.O., INDIVIDUALLY AND AS AGENT OF WEXFORD HEALTH SOURCES, INC., RONALD SCHAEFER, M.D., INDIVIDUALLY AND AS AGENT OF WEXFORD HEALTH SOURCES, INC., SOUTHERN ILLINOIS UNIVERSITY SCHOOL OF MEDICINE, DAVID J. OLYSAV, M.D., INDIVIDUALLY AND AS AGENT OF SOUTHERN ILLINOIS UNIVERSITY SCHOOL OF MEDICINE, JOHN FROELICH, M.D., INDIVIDUALLY AND AS AGENT OF SOUTHERN ILLINOIS UNIVERSITY SCHOOL OF MEDICINE, DEFENDANTS.



The opinion of the court was delivered by: Judge Ronald A. Guzman

MEMORANDUM OPINION AND ORDER

Plaintiff has sued defendants Wexford Health Sources, Inc. and four of its current or former employees, Drs. Arthur Funk, Richard Shute, Richard Migliorino and Ronald Schaefer, Southern Illinois University School of Medicine ("SIU") and its current or former employees, Drs. David J. Olysav and John Froelich, and Gerardo Acevedo, former warden of Hill Correctional Center, pursuant to 42 U.S.C. § 1983 for their alleged violations of his Eight Amendment rights and SIU, Olysav and Froelich for negligence. Defendants have filed motions pursuant to Federal Rule of Civil Procedure 56(c) for summary judgment. For the reasons set forth below, the Court grants the motions of Acevedo, Wexford, Funk, Migliorino, Shute and Schaefer, grants in part the motions of SIU, Olysav and Froelich and declines to exercise supplemental jurisdiction over the state law claims plaintiff asserts against SIU, Olysav and Froelich.

Facts

Defendant Wexford is private corporation that provides health care services to inmates of Hill Correctional Center and other facilities of the Illinois Department of Corrections ("IDOC"). (Pl.'s Resp. Wexford's LR 56.1(a) Stmt. ¶ 2.) At the times relevant to this suit, defendant Acevedo was the warden of Hill. (Pl.'s Resp. Acevedo's LR 56.1(a) Stmt. ¶ 4.) Defendants Funk, Shute, Migliorino and Schaefer are or were employed by Wexford as regional medical director, traveling physician, medical director of Hill and rotating medical director, respectively. (Pl.'s Resp. Wexford's LR 56.1(a) Stmt. ¶¶ 3-6.) Defendants Olysav and Froelich are or were employed by SIU. (Pl.'s Resp. Froelich's LR 56.1(a) Stmt. ¶¶ 4-6.)

On June 16, 2008, while he was an inmate at Hill, plaintiff injured his shoulder. (Pl.'s Resp. Wexford's LR 56.1(a) Stmt. ¶ 8.) Migliorino examined plaintiff the same day, diagnosed him with a possible dislocated shoulder and sent him to the emergency room. (Id. ¶ 9.) An MRI taken at the emergency room showed a partial tear of the supraspinatus tendon. (Id. ¶ 10.) Consequently, Migliorino recommended that plaintiff be seen by an orthopedic surgeon, a recommendation that Funk approved. (Id. ¶ 11.)

On June 23, 2008, plaintiff was evaluated by an orthopedist chosen by IDOC, Dr. Schierer. (Id. ¶¶ 12-13, 15.) Schierer diagnosed plaintiff with a ruptured left pectoralis tendon and recommended that he see a shoulder specialist. (Id. ¶ 15.)

On July 3, 2008, Funk approved the request for plaintiff to see a shoulder specialist. (Id. ¶ 19.)

On August 8, 2008, plaintiff saw Dr. Clark, another orthopedist chosen by IDOC, who recommended that plaintiff be examined by another specialist, Dr. Gibbons. (Id. ¶¶ 20-22.) Migliorino approved the recommendation, but Gibbons told Hill's Medical Records Department that he did not "feel comfortable doing [t]his surgery." (Id. ¶ 23; Wexford's Ex. E, Medical Records at 10.)

Natalie Williams of Hill's Medical Records Department than contacted Jan Siebel at Wexford to find another shoulder specialist. (Pl.'s Resp. Wexford's LR 56.1(a) Stmt. ¶ 25.) Siebel identified Olysav as the specialist. (Id. ¶ 26.)

On August 26, 2008, plaintiff was examined at SIU by Olysav and Froelich, who was an SIU orthopedic resident. (Id. ¶ 29; Pl.'s Resp. Froelich's LR 56.1(a) Stmt. ¶¶ 4-6.) Olysav recommended that plaintiff receive physical therapy for his shoulder, a recommendation that Migliorino approved. (Pl.'s Resp. Wexford's LR 56.1(a) Stmt. ¶¶ 29-31.)

Plaintiff began physical therapy as recommended by Olysav in October 2008. (Id. ¶ 32.) On October 28, 2008, plaintiff was discharged from therapy. (Id. ¶ 35.)

On January 14, 2009, plaintiff was transferred to Stateville Correctional Center. (Id. ¶ 39; Pl.'s Stmt. Add'l Facts Opp'n Wexford's Mot. Summ. J. ¶ 55.)

Between April 17, and May 1, 2009, plaintiff visited the Stateville Health Care Unit three times complaining of shoulder pain. (See Pl.'s Ex. A, Medical Records at 46-47.) He was given Motrin for the pain and a recommendation to see an orthopedist. (Id. at 48.)

On July 31, 2009, plaintiff was examined by an orthopedist, Dr. Izoude, at University of Illinois Chicago. (Id. at 49.) Izoude concluded that plaintiff was "too far out for surgical intervention and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.