Flowers v. Wexford Health Sources, Inc.

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ANDREW LEE FLOWERS, JR., Plaintiff v. WEXFORD HEALTH SOURCES, INC., et al., Defendants

No. 19 CV 6423

United States District Court, N.D. Illinois, Eastern Division

June 3, 2024

MEMORANDUM OPINION AND ORDER

JEREMY C. DANIEL, United States District Judge

Two months after undergoing corneal transplant surgery on his left eye, Plaintiff Andrew Lee Flowers Jr. was arrested and incarcerated at the Kane County Jail (“Kane County”) and the Stateville Correctional Facility (“Stateville”). Flowers brings this suit pursuant to 42 U.S.C. § 1983, alleging that various healthcare workers at Kane County and Stateville violated his rights under the Eighth Amendment through their deliberate indifference to his postoperative condition. (R. 147 (“TAC”).)^[1]Flowers also asserts an Illinois state law medical malpractice claim. (Id.) Before the Court are five motions for summary judgment filed by Wexford Health Sources, Inc. (“Wexford”), and medical staff at Kane County and Stateville. (R. 235.)^[2] For the following reasons, Owikoti's and the Defendant Nurses' motions are granted. Wexford's and Dr Patricia Burke's motions are granted in part and denied in part.

BACKGROUND

The following facts are taken from the parties' Local Rule 56.1 submissions,^[3]the materials cited therein, and other aspects of the record in this case. All facts are genuinely undisputed unless otherwise noted.

I. Flowers Undergoes Corneal Transplant Surgery.

On July 19, 2016, following an injury at work, Flowers was diagnosed with a corneal laceration and ruptured globe of his left eye. (Burke's Resp. to Pl.'s SOAF ¶¶ 1-2.) He underwent surgery to repair the wound. (Id. ¶ 2.)

Six months later, in February 2017, Flowers was referred to an ophthalmologist named Greg Berdy. (Id. ¶ 3; R. 246, Exhibit H (“Berdy Dep.”) at 8:1216.) Flowers complained to Dr. Berdy of tearing and blurry vision. (Burke's Resp. to Pl.'s SOAF ¶ 3; Berdy Dep. at 19:9-11.) Dr. Berdy observed significant corneal damage and diagnosed Flowers as legally blind. (Burke's Resp. to Pl.'s SOAF ¶ 3.)

On November 9, 2017, Dr. Berdy performed a corneal transplant on Flowers' left eye. (Id. ¶ 4; Berdy Dep. at 8:17-19.) Afterward, Dr. Berdy prescribed Flowers four eye medications: an ointment called Erythromycin, an antibiotic ointment called Tobradex, an anti-inflammatory drop to treat intraocular pressure and the attendant risk of glaucoma called Istalol, and a steroid drop called Lotemax. (Burke's Resp. to Pl.'s SOAF ¶ 5.) Dr. Berdy prescribed Lotemax as part of Flowers' life-long treatment plan in light of his opinion that any corneal transplant surgery carries an inherent life-long risk of rejection. (Id. ¶ 6; Berdy Dep. at 130:11-131:8.)

Flowers visited Dr. Berdy again on November 15 and December 1, 2017. (Burke's Resp. to Pl.'s SOAF ¶ 7.) During each visit, Dr. Berdy continued Flowers' course of treatment on the four eye medications. (Id.)

At the December visit, Dr. Berdy instructed Flowers to return in four weeks. (Id. ¶ 9.) Dr. Berdy also prescribed Flowers three one-month supply refills of the Lotemax and Tobradex and twelve one-month refills of the Istalol and Erythromycin. (Id. ¶ 8.) Records from the Walgreens where Flowers picked up these medicines show that Flowers' Lotemax prescription had three refills remaining as of December 11, 2017. (Id.) The parties dispute whether these prescriptions had an end date of December 31, 2017. (Id. ¶¶ 8-9; Pl.'s Resp. to Burke and SOAF ¶ 31.)

II. Flowers is Taken into Custody.

However, on December 30, 2017, before Flowers could visit Dr. Berdy again, Flowers was arrested and taken into custody on an outstanding warrant. (Burke's Resp. to Pl.'s SOAF ¶ 10.)

A. Flowers Enters Kane County Jail.

Flowers entered Kane County's custody on January 8, 2018. (Id. ¶ 11.) Kane County's policies require that, upon arrival, all individuals undergo an intake screening performed by an emergency medical technician (“EMT”). (Id. ¶¶ 14-15.) If a patient reports any medications, the policy requires the examining EMT to note such on their intake form. (Id.) The EMT then must attempt to verify the prescription's validity with the patient's community provider or pharmacy. (Id.) If verification is not possible, the physician-in-charge would then use her medical judgment to decide whether to prescribe or discontinue the medication. (Id. ¶ 16.)

Consistent with these policies, when Flowers arrived at Kane County, he was interviewed by EMT Melissa Lamesch. (Id. ¶ 17.) Lamesch noted on Flowers' intake form that he had sustained an injury to his left eye in October 2017 and was taking Erythromycin, Tobradex, Istalol, and Lotemax. (Id.) She also noted that Flowers was arrested before he could complete a follow-up with his doctor. (Id.)

On January 9, 2018, EMT David Bullis received a “Patient Task” asking him to call the pharmacy Flowers reported having filled his prescriptions, Walgreens, to verify his prescriptions. (Id. ¶ 18; Pl.'s Resp. to Burke and SOAF ¶ 30; R. 246, Exhibit G (“Bullis Dep.”) at 55:2-23.) When Bullis called, the pharmacy reported that none of Flowers' identified eye medicines were current prescriptions, and they were last refilled more than a year and a half ago. (Burke's Resp. to Pl.'s SOAF ¶ 18; Pl.'s Resp. to Burke and SOAF ¶¶ 30-31; Bullis Dep. at 58:14-16.)

Dr. Burke, the physician-in-charge at Kane County, reviewed Flowers' intake form on January 10. (Burke's Resp. to Pl.'s SOAF ¶ 20; R. 246, Exhibit B (“Burke Dep.”) at 143:1-18.) Based on her review, Dr. Burke understood that Flowers had surgery a few months prior and that he had likely been prescribed Erythromycin, Tobradex, Istalol, and Lotemax in connection with that surgery. (Burke's Resp. to Pl.'s SOAF ¶ 20; Burke Dep. at 147:12-14.) Upon learning that Flowers' medicines could not be verified by Walgreens, Dr. Burke made the medical judgment to issue her own prescription for Istalol in its generic form, Timolol. (Burke's Resp. to Pl.'s SOAF ¶ 21; Pl.'s Resp. to Burke and SOAF ¶ 32; Burke Dep. at 156:9-157:12.) Dr. Burke prescribed Flowers one Timolol drop daily in his left eye. (R. 234-1 at 11.)

Each of the Defendant Nurses administered the Timolol drops to Flowers as directed by Dr. Burke during their shifts on three different occasions (meaning that Flowers received Timolol drops six times from the Defendant Nurses). (Plummer's Resp. to Pl.'s SOAF ¶ 49; Ortegon's Resp. to Pl.'s SOAF ¶ 23.) It is disputed whether Flowers requested or informed the Defendant Nurses that he needed additional medicines for his eye. (Plummer's Resp. to Pl.'s SOAF ¶ 28; Ortegon's Resp. to Pl.'s SOAF ¶ 28; R. 246, Exhibit A (“Flowers Dep.”) 63:6-65:15.) Further, although it is disputed whether Flowers reported eye pain while at Kane County jail, he experienced emotional distress due to the fear of becoming blind in his left eye.

(Burke's Resp. to Pl.'s SOAF ¶¶ 37, 51; Flowers Dep. at 63:6-65:15, 289:15-19.) During his time at Kane County, the Timolol that Dr. Burke prescribed was the only medication that Flowers received for his eye. (Burke's Resp. to Pl.'s SOAF ¶ 25.)

B. Flowers is Transferred to Stateville.

On January 18, 2018, Flowers was transferred from Kane County to Stateville. (Id. ¶ 26.) Upon arrival at Stateville, Claude Owikoti, a physician's assistant, met with Flowers for a physical examination. (Owikoti's Resp. to Pl.'s SOAF ¶ 28.) Flowers told Owikoti that he was having trouble with his eyes, specifically complaining of blurry vision in his left eye related to a traumatic eye injury in June 2016. (Id.; Pl.'s Resp. to Owikoti and SOAF ¶ 35; R. 234-1 at 5; R. 234-3, Exhibit 4 (“Owikoti Dep.”) 47:5-10, 72:1-13.) Without identifying any medicines by name, Flowers told Owikoti that he needed additional medication for his eye. (Owikoti's Resp. to Pl.'s SOAF ¶ 28; Flowers Dep. at 113:8-22, 117:11-14.)

Owikoti examined Flowers' left eye. (Owikoti's Resp. to Pl.'s SOAF ¶ 28; Owikoti Dep. at 50:19-20.) He noted that Flowers' pupils were reacting to light and had no redness or swelling. (Pl.'s Resp. to Owikoti and SOAF ¶ 36; Owikoti Dep. at 50:23-51:3, 52:1-7.) At the conclusion of the visit, Owikoti continued Flowers on the Timolol eye drops, which was the only current eye medication listed in his transfer records from Kane County. (Owikoti's Resp. to Pl.'s SOAF ¶ 26; Pl.'s Resp. to Owikoti and SOAF ¶ 39; Owikoti Dep. 55:2-14; R. 234-1 at 11.) He did not prescribe Flowers any new medications. (Owikoti's Resp. to Pl.'s SOAF ¶ 28.)

III. Flowers is Transferred to Sheridan Correctional Center and Released from Custody.

In February 2018, Flowers was transferred to Sheridan Correctional Center (“Sheridan”), where he remained until the completion of his sentence in December 2019. (Burke's Resp. to Pl.'s SOAF ¶¶ 28, 32.) Upon intake, Flowers was referred for a visit with Sheridan's on-site ophthalmologist, Dr. Russell. (Id. ¶ 28.)

On March 6, 2018, Dr. Russell treated Flowers and prescribed a steroid eye drop called Prednisolone to reduce the risk that his corneal transplant would be rejected. (Id. ¶ 29.) The parties dispute whether Wexford's policies permitted Dr. Russell fifteen-minute appointments with his patients and whether Wexford had a policy for obtaining a patient's medical records. (Pl.'s Resp to Wexford and SOAF ¶¶ 33, 35.) Nevertheless, contrary to his practice outside of Wexford, Dr. Russell did not contact Dr. Berdy despite knowing of Flowers' recent surgery. (Id. ¶ 35.) Additionally, there is evidence that, since January 2018, Wexford staff knew that Dr. Russell was frequently absent from work, internally describing him as unreliable and ineffective, and that these shortcomings were causing a backlog of eye appointments for inmates. (Id. ¶¶ 36-37.) Wexford, though, did not...