United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
Honorable Thomas M. Durkin United States District Judge.
Medrano is an inmate in the custody of the Illinois
Department of Corrections (“IDOC”) at Pontiac
Correctional Center, and previously at Stateville
Correctional Center. He alleges that IDOC staff and medical
service providers were deliberately indifferent to pain in
his back, shoulder, and wrist in violation of the Eighth
Amendment. R. 129. Specifically, McDowell has sued the
IDOC's former Medical Director, Louis Shicker; the
IDOC's former Medical Coordinator, Charles Fasano;
Stateville's Warden, Randy Pfister; Pontiac's Warden,
Michael Melvin; the IDOC's medical services provider,
Wexford Health Sources, Inc.; and doctors employed by
Wexford, namely Parthasarathi Ghosh, Arthur Funk, and Andrew
Tilden. Defendants have moved for summary judgment. R. 268;
R. 272. For the following reasons, Defendants' motions
judgment is appropriate “if the movant shows that there
is no genuine dispute as to any material fact and the movant
is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a); see also Celotex Corp. v.
Catrett, 477 U.S. 317, 322-23 (1986). The Court
considers the entire evidentiary record and must view all of
the evidence and draw all reasonable inferences from that
evidence in the light most favorable to the nonmovant.
Ball v. Kotter, 723 F.3d 813, 821 (7th Cir. 2013).
To defeat summary judgment, a nonmovant must produce more
than “a mere scintilla of evidence” and come
forward with “specific facts showing that there is a
genuine issue for trial.” Harris N.A. v.
Hershey, 711 F.3d 794, 798 (7th Cir. 2013). Ultimately,
summary judgment is warranted only if a reasonable jury could
not return a verdict for the nonmovant. Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).
or 1989, Medrano underwent back surgery to remove vertebrae.
R. 290 ¶ 8. He received steroid injections to address
pain from time to time. See Id. ¶ 9. On
September 28, 2009, Medrano saw Dr. Konstantin Slavin at UIC
Hospital about his back pain. Id. ¶ 10. Dr.
Slavin advised that surgery could relieve the pain or make it
worse, and Medrano elected to continue to receive epidural
injections instead. Id. ¶¶ 12-14. He
received injections in 2010 and 2011. Id. ¶ 15.
Defendant Dr. Tilden referred Medrano to UIC again on July
23, 2012, and UIC's report noted that Medrano “will
not benefit from further injections.” Id.
November 15, 2015, Medrano fell in the shower, exacerbating
his back pain. Id. ¶ 20. Dr. Tilden ordered a
CT scan, which noted “degenerative changes without
significant progression.” Id. ¶ 21. Dr.
Tilden explained that this meant that Medrano's back
condition was unchanged. Id. ¶ 22. Dr. Tilden
has sought to manage Medrano's back pain by prescribing
Naproxen, Neurontin, and Tramadol. Id. ¶¶
12, 2009, Medrano saw occupational therapist Andrew Offerman.
Id. ¶ 26. Medrano's exam indicated that he
might have carpal tunnel syndrome. Id. ¶¶
27-28. Offerman prescribed a wrist brace. Id. ¶
29. Medrano alleges that Offerman specifically prescribed a
brace made of Kevlar, but Offerman testified to the contrary
and that he is not aware that such braces exist. Id.
¶¶ 29. Medrano was given a wrist brace, but he
alleges that the brace does not hold his wrist at the angle
recommended by Offerman. Id. ¶¶ 29-31.
was transferred from Pontiac to Stateville on December 31,
2009 to receive physical therapy for his shoulder.
Id. ¶ 32. Medrano's shoulder improved, but
by May 18, 2010, the physical therapist reported to Dr. Ghosh
that Medrano's improvement had plateaued and no further
improvement was expected. Id. ¶ 34. Medrano
then had surgery on his shoulder, and subsequently received
further physical therapy. Id. ¶¶ 35-36.
The therapy referral was closed when it was determined that
no further improvement was expected. Id. ¶ 36.
Jeffrey W. Grosskopf has submitted a report addressing
Medrano's condition and treatment. R. 291 ¶ 12. With
regard to Medrano's back condition, Dr. Grosskopf opined
that additional epidural injections are not recommended;
surgery is not recommended; Medrano's back condition has
been treated appropriately; and there is no cure for
Medrano's back condition. Id. ¶¶
35-39. With regard to Medrano's wrist condition, Dr.
Grosskopf opined that Medrano does not have carpal tunnel
syndrome, and Medrano was provided with a suitable brace.
Id. ¶¶ 42, 53. With regard to
Medrano's shoulder condition, Dr. Grosskopf opined ...