Germain v. Beeman

JEAN GERMAIN, Plaintiff, v. WILLIAM BEEMAN, et al., Defendants.

Civil Action No. SAG-21-2279

United States District Court, D. Maryland

April 7, 2022

MEMORANDUM OPINION

Stephanie A. Gallagher United States District Judge

Pending in this civil rights case are defendants' motions to dismiss or for summary judgment. ECF 16; ECF 20. On March 2 2022, this court issued an order granting plaintiff to and including March 29, 2022 to file an opposition response to defendants' motions to dismiss or for summary judgment. ECF 21. Plaintiff has not filed an opposition; rather, he has filed motions to appoint counsel, to amend complaint, and a motion for leave to conduct discovery pursuant to Fed.R.Civ.P. 56(d). ECF 22, 23, 24. Defendants Jane and John Doe (“dental defendants”) filed a response in support of their motion to dismiss or for summary judgment. ECF 25.

No hearing is required to resolve the matters pending. See Local Rule 105.6 (D. Md. 2021). For the reasons that follow, defendant Beeman's motion shall be granted summary judgment shall be granted in favor of defendant John Doe and denied without prejudice as to defendant Jane Doe.

I. BACKGROUND

A. Complaint Allegations

Plaintiff Jean Germain asserts that during the month of May 2021, he began suffering from a toothache he describes as excruciating.^[1] ECF 1 at 2, ¶ 9. He submitted a sick call slip asking for “immediate removal” of the tooth that was causing him pain and he was seen on May 21, 2021 by “defendants John Doe and Jane Doe.” Id. at ¶¶ 9-11. He states that he “begged them to remove the tooth” at this appointment. Id. at ¶ 12. Germain admits that he was advised that the tooth could not be pulled at this appointment because his gum was “severely infected, ” and the infection needed to be treated before the extraction occurred. Id. at 3, ¶ 13. Germain was prescribed amoxicillin and acetaminophen to treat both the infection and the pain. Id. at ¶ 14. He states that he was told at this appointment that he would be scheduled for the tooth extraction after he completed the course of medication. Id. Germain finished taking the medication in eleven days. Id. at ¶ 15.

Germain recalls that in the second week of June 2021, his toothache returned. ECF 1 at 3, ¶ 16. Germain submitted a sick call slip asking to be scheduled for an extraction of the tooth. Id. at 17.

On July 30, 2021, Germain had not undergone a tooth extraction and claims he began to suffer from other severe symptoms in addition to the severe toothache. ECF 1 at 3, ¶ 19. He describes having a severe headache and pain all over his body but especially his lower back and penis. Id. at ¶ 20. Additionally, Germain states he developed a high fever, nausea, and profuse sweating. Id. at ¶ 21. Germain claims he began vomiting and that his condition was so severe, a correctional officer arranged for Germain to be taken to medical via wheelchair. Id. at 4, ¶¶ 22-25. Germain alleges that once he arrived, defendant Beeman “immediately began to downplay [his] symptoms.” Id. at ¶¶ 26-27. According to Germain, Beeman refused to conduct a physical examination of Germain's “private area, ” refused to provide a COVID-19 test or a diabetes test, and refused to refer Germain to a doctor. Id. at ¶ 28. Rather, Beeman simply checked Germain's vitals and, in Germain's view, misrepresented those vital signs. Id.

On August 1, 2021, two days after the alleged encounter with Beeman, Germain states his testicles began to hurt “as if they were being continually crushed.” ECF 1 at 4, ¶ 32. The pain was so severe that it disrupted Germain's sleep. Id. at ¶ 33. Germain recalls that his left testicle started to swell and “it grew very long.” Id. at ¶ 35. He claims he “continued to suffer from his other medical issues and he still had no desire to eat.” Id. at 4-5, ¶ 36. According to Germain, the swelling in his testicles was so painful that he was unable to walk or sleep. Id. at 5, ¶ 37. Additionally, Germain recalls that he began “urinating what appeared to be pus.” Id. at ¶ 38.

On August 10, 2021, Germain was seen by a nurse who promised that Germain would be referred to a doctor. ECF 1 at 5, ¶¶ 39, 40. Despite that promise, Germain had not been seen by a doctor as of the date he wrote his complaint. Id. at ¶ 41. Germain states, however, that most of his symptoms have ceased but he continues to suffer from a severe toothache, back pain, left testicle pain and COVID 19 symptoms. Id. at ¶ 42.

Germain alleges that defendants John and Jane Doe violated his Eighth Amendment rights by failing to ensure he was scheduled for a tooth extraction. ECF 1 at 5, ¶ 45. He claims Beeman misrepresented his vital signs and interfered with medical treatment. Id. at 6, ¶ 46. Lastly, Germain claims that Howard Cook^[2] knew about his medical issues but failed to see Germain for an examination which in Germain's view amounts to deliberate indifference to a serious medical need. Id. at ¶ 47. As relief, Germain seeks a declaratory judgment and monetary damages. Id. at 6, § VI.

In his amended complaint Germain adds new allegations against defendants. ECF 8. He claims that he complained to “the psychiatrist” that the psychiatric nurse promised to follow up with the medical department about Germain receiving a urinalysis and other lab tests because she believed the tests should have been ordered. Id. at 1, ¶ 1. He states that “[a]bout a month later” he was seen by CRNP Janet Clark who ordered tests for Germain which revealed he was suffering from acute pyelonephritis. Id. at 1-2, ¶¶ 2 and 3. According to Germain acute pyelonephritis is “the most serious of urinary tract infection” that is caused when an infection “spreads through the blood stream and enter[s] the kidneys” and carries a risk of the patient becoming septic. Id. at ¶ 4.

Germain claims that when he was seen by Beeman, he was suffering from sepsis and Beeman refused to treat him. ECF 8 at 2, ¶ 5. This refusal, in Germain's view, led to the development of a “potentially life-threatening complication from the infection.” Id. He states that he should have been hospitalized the day Beeman saw him. Id.

Germain recalls that, in addition to the symptoms described in his complaint, he also lost ten pounds in ten days.^[3] ECF 8 at 2, ¶ 6. He states that it is his belief that “the urinary tract infection was caused by the nerve and spinal cord, specifically cervical spondolysis” for which he has not received treatment. Id. at ¶ 7. Germain faults Dr. Cook for failing to treat him “for his nerve and spinal cord damage” but admits he has been given medication to fight the infection. Id. at 2-3, ¶ 8. He takes issue with the fact he has not been further tested to determine if the infection has been “completely eradicated or whether or not the delay[ed] treatment has caused any damage to [his] kidneys.” Id. at 3, ¶ 8.

B. Defendant Beeman's Response

Beeman denies misrepresenting Germain's vital signs when he recorded them on July 30, 2021. ECF 16-3 at 3, ¶ 5. Beeman explains that he was the Assistant Director of Nursing at Western Correctional Institution (“WCI”) and that he “may have been called to see [Germain] because [he] was the only nurse available.” Id. Beeman recalls that he took Germain's vital signs and accurately recorded them in the note following Germain's visit. Id. Beeman also states that if he did not record a complaint in the note, the patient did not raise that complaint because he “always document[s] the patient's subjective complaints in [his] notes.” Id. Beeman therefore infers that Germain never complained of pain in his tooth, penis, or testicles because if he had, it would have been documented. Id.

More specifically, Beeman states that Germain's medical records accurately reflect that on July 30, 2021, Beeman saw Germain for an unscheduled nurse visit after Beeman was called by an officer on Housing Unit 5 (“HU5”) stating that Germain was “diaphoretic (sweating), nauseated, and vomiting.” ECF 16-3 at 4, ¶ 6. However, when Beeman arrived at ¶ 5, he did not observe any of the reported symptoms. Id. Beeman took Germain's vital signs which were as follows: temperature was 98.1, blood pressure 118/64, pulse 104, respirations 18, and pulse ox 98. Id. Although Germain asked Beeman to test him for diabetes and COVID, Germain had no symptoms warranting those tests as his vitals were stable and he had no symptoms. Id. Beeman states that if he had observed anything wrong with Germain, he would have done a full examination, but his vitals and appearance were normal. Id.

At the time of Germain's encounter with Beeman, the Infection Control nurses were doing COVID tests on all inmates. ECF 16-3 at 4, ¶ 7. Beeman states that by July 30, 2021, Germain would have already been tested and already received a COVID vaccination. Id. Since Germain had no symptoms of COVID and he had already been tested, there was no reason to perform the test again during Beeman's encounter with Germain. Id. Furthermore, Beeman's purpose in seeing Germain was to assess him for a claimed medical emergency and was not for providing requested tests or addressing other issues. Id. Additionally, as a registered nurse Beeman had no authority to order an A1C test for diabetes as the test must be ordered by a nurse practitioner or a doctor. Id. at ¶ 8.

Beeman denies refusing to examine Germain to investigate complaints related to his penis or testicles and states that Germain did not mention this complaint, nor did he appear to be in pain during the July 30, 2021 visit. ECF 16-3 at 5, ¶ 9. Beeman states that Germain's heart rate and blood pressure were not elevated as would be expected if he had been in pain. Id. Beeman concludes that he never ignored any of Germain's medical needs of which Beeman was aware. Id. at 10.

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