United States District Court, N.D. Illinois, Eastern Division
CHARLES RONALD NORGLE JUDGE UNITED STATES DISTRICT COURT.
motion for summary judgment  is granted. Civil case
Murray is currently serving a sentence in the Illinois
Department of Corrections for armed robbery and murder.
Plaintiff filed suit under 42 U.S.C. § 1983 against, Dr.
Saleh Obaisi, Dr. A Martija, and Physician's Assistant
(PA) LaTanya Williams (''Individual
Defendants"), and Wexford Health Sources, Inc., alleging
that all Defendants were deliberately indifferent to his
serious medical condition in violation of his rights
protected by the 8th Amendment of the United States
Constitution. While incarcerated, Plaintiff was diagnosed
with a reducible inguinal hernia, received treatment for his
condition, and underwent repair surgery in May 2015.
Plaintiff, however, alleges that Defendants improperly
stalled medical treatment before receiving the hernia repair
surgery, and Defendants provided inadequate medical treatment
regarding his post-surgery pain. Pending before the Court is
Defendants' motion for summary judgment on all claims.
For the reasons discussed below, judgment is granted in
Court takes the relevant facts from the parties' Local
Rule 56.1 statements of undisputed material facts and
supporting exhibits. Because Plaintiff is the nonmoving
party, the Court construes the facts in the light most
favorable to him. The following facts are undisputed unless
otherwise noted. "When we cite as undisputed a statement
of fact that a party has attempted to dispute, it reflects
our determination that the evidence cited in the response
does not show that the fact is in genuine dispute."
King v. Chapman, 2013 WL 6709623, at *3 (N.D.
Ill.Dec. 16, 2013).
November 20, 2014, Dr. Obaisi treated Plaintiff during a
medical visit and recorded that Plaintiff had symptoms
stemming from chronic low back pain and a right inguinal
reducible hernia. Dr. Obaisi recorded in his notes that
Plaintiff complained only of low back pain, not from hernia
pain. During this appointment, Dr. Obaisi prescribed Tylenol
#3 and a hernia truss. On December 22, 2014, Plaintiff was
taken to urgent care after telling a medical technician that
he slipped while walking in the yard and pulled his groin.
Dr. Obaisi evaluated Plaintiff and noted that he had a small
right inguinal hernia and noted the "hernia
reduced." Plaintiff was prescribed a Toradol injection,
which is a non-steroidal anti-inflammatory drug used to treat
moderate to severe pain.
January 7, 2015, Plaintiff complained to Dr. Obaisi that his
hernia had been painful for the last several hours and that
the hernia truss was not helping. Dr. Obaisi prescribed
another Toradol injection, more Tylenol #3, and scheduled a
follow-up appointment within thirty days. Dr. Obaisi also
prepared a Medical Special Services Referral Report in which
Plaintiff was referred to the University of Illinois Medical
Center for a general surgery consultation for his recurrent
right inguinal hernia. As medical director, Dr. Obaisi was
the proper person to refer Plaintiff for a non-emergent
off-site medical consultation with a specialist.
a week, on January 15, 2015, a different doctor, Dr. Martija,
evaluated Plaintiffs inguinal hernia. Dr. Martija's notes
include a reference that Plaintiff was awaiting a surgical
referral to UIC. Dr. Martija administered another Toradol
injection. Plaintiff was approved for a general surgery
evaluation at UIC on January 22, 2015. UIC scheduled
Plaintiffs surgical consultation for April 20, 2015.
February 11, 2015, PA Williams evaluated Plaintiff and
prescribed a Toradol injection, Tylenol #3, and told
Plaintiff to return in one week or sooner if his symptoms
worsened. On February 19, 2015, Dr. Obaisi prepared a Medical
Special Services Referral and report form for a Anesthesia
Pre-Operative Evaluation Clinic evaluation in anticipation of
Plaintiff s right inguinal hernia repair surgery. On April 1,
2015, Dr. Obaisi evaluated Plaintiff and noted that
Plaintiffs right inguinal hernia was reduced manually. During
the visit, Dr. Obaisi administered another Toradol injection
and told Plaintiff that he had been approved for the surgical
consultation. On April 6, 2015, Dr. Obaisi evaluated
Plaintiff related to low back pain. The medical records from
Plaintiffs visit do not indicate that Plaintiff complained of
pain related to his hernia.
April 20, 2015, while at UIC, Plaintiff was evaluated by Dr.
Bianco who recommended a right inguinal hernia repair surgery
and scheduled it for May 8, 2015. He further recommended an
anesthesia evaluation, which was approved for May 6, 2015.
1, 2015, Plaintiff was approved for an APEC evaluation
through the Wexford Collegial Review process. Dr. Obaisi
prepared a note that indicated Plaintiff was post medical
writ to UIC and that UIC recommended a right inguinal hernia
surgery, which was approved by Wexford. On May 6, 2015,
Plaintiff was sent to UIC for an APEC evaluation.
8, 2015, Dr. Bianco performed a right inguinal hernia repair
surgery on Plaintiff. After the surgery, Plaintiff was
prescribed Acetaminophen-codeine 300 mg- 30 mg oral tablets
and docusate sodium 100 mg oral capsules. Plaintiff was
transferred to Stateville where he was evaluated by a
registered nurse; Dr. Obaisi was notified. Dr. Obaisi ordered
Tylenol #3 and Colace for Plaintiff. The next day, Plaintiff
was evaluated by Dr. Martija who advised Plaintiff to stay on
a clear liquid diet until certain body functions commenced,
and then to only eat crackers for a specified period of time.
Dr. Martija ordered a medical lay-in for one week, a low bunk
and low gallery permit, and a follow-up visit with Dr.
14, 2015, Dr. Obaisi evaluated Plaintiff and determined that
Plaintiffs surgical wounds were healing well. The visit
resulted in Dr. Obaisi ordering a single crutch for one week,
Naprosyn 300 mg, which is a nonsteroidal anti-inflammatory
medication used for pain relief, and Tylenol #3. On May 26,
2015, Dr. Obaisi evaluated Plaintiff and noted that Plaintiff
was moving around with a crutch and his puncture wounds from
the hernia surgery were healing well. Dr. Obaisi ordered
Tylenol #3, continued use of the crutch, and a follow-up
appointment in one month.
Obaisi evaluated Plaintiff on June 30, 2015 and July 30,
2015. During the July visit, Plaintiff complained of groin
pain up to his lower abdomen. Dr. Obaisi's notes stated
that there was no swelling, no masses, and that Plaintiffs
bowels sounded normal. Dr. Obaisi further noted that there
were no masses or abnormalities ...