Nally v. Obaisi

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WILLIAM NALLY, JR. N51494, Plaintiff, v. GHALIAH OBAISI, as Independent Executor of the Estate of Saleh Obaisi, M.D., and WEXFORD HEALTH SOURCES, INC., Defendants.

No. 17-cv-1551

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

November 28, 2023

MEMORANDUM OPINION AND ORDER

SHARON JOHNSON COLEMAN, UNITED STATES DISTRICT JUDGE

Plaintiff William Nally, Jr. brings this lawsuit against Wexford Health Sources, Inc. (“Wexford”) and the Estate of Dr Saleh Obaisi (“Dr. Obaisi”) (collectively “Defendants”). Nally contends that Defendants were deliberately indifferent to his chronic abdominal pain in violation of the Eighth Amendment. Before the Court is Defendants' joint motion for summary judgment under Federal Rule of Civil Procedure 56(a). For the following reasons, the Court grants Defendants' motion [214] in its entirety.

Preliminary Matters

Defendants support some of their factual assertions with general citations to lengthy exhibits. For example, Defendants cite to 300 pages of medical records to support their assertion that Nally was treated 18 times in 2012. (See Dkt 220 ¶ 13.) Nally correctly argues that this practice violates Local Rule 56.1(d)(2), which provides that “[e]ach asserted fact must be supported by citation to the specific evidentiary material, including the specific page number, that supports it.” N.D.Ill. LR 56.1(d)(2); see also Wooten v. Taking Care of Our Seniors, Inc. No. 1:17-CV-05570, 2022 WL 1663417, at *4 n.4 (N.D. Ill. May 25, 2022) (Johnston, J.) (citation to 232-page exhibit without specific page number violates Local Rule 56.1). The Court therefore notes its discretion to “disregard any asserted fact that is not supported with such a citation” in addressing the factual background of this case. N.D.Ill. LR 56.1(d)(2).

Background

The following facts are undisputed unless otherwise noted.

1. The Parties

Nally is an inmate with the Illinois Department of Corrections (“IDOC”) at the Stateville Correctional Facility (“Stateville”). (Dkt. 220 ¶¶ 4-5.) Nally began experiencing abdominal pain in 2010, which continues to this day. (Dkt. 226 ¶ 1.) Nally describes his pain level at four on a scale of ten. (Dkt. 220 ¶¶ 9, 42.) He feels abdominal pain at all hours and it occasionally wakes him up. (Dkt. 226 ¶ 2.) Various medical providers, including Dr. Obaisi, have also diagnosed and treated Nally for Type II Diabetes and Hepatitis C, but he does not challenge the treatment he has received for those conditions in this lawsuit. (See, e.g., Dkt. 220 ¶ 8.)

Wexford is a private corporation that contracts with IDOC to provide medical treatment to patients in IDOC custody. (Dkt. 220 ¶ 6.) Dr. Obaisi was a physician employed by Wexford until he died on December 23, 2017. (Dkt. 220 ¶¶ 7, 74.) Dr. Obaisi was the medical director at Stateville during the time relevant to Nally's claims. (Dkt. 220 ¶ 7.)

2. Nally's Early Treatment and Specialist Visits

The conduct at issue spans nearly a decade. Nally's pain began in 2010, although the record is thin on relevant events from that year. In 2011, Nally was seen by Stateville medical providers at least ten times for complaints of abdominal pain, during which time he was diagnosed with nonspecific abdominal pain, chronic gastritis, cirrhotic liver, and splenomegaly. (Dkt. 220 ¶¶ 10, 11.) At different points during this period, Nally's providers prescribed Zantac, Prilosec, Dulcolax, and Naprosyn. (Dkt. 220 ¶ 11.) Wexford also approved numerous diagnostic tests. (Id.)

Nally testified during his deposition that he has a sixteen-inch softball sized lump in his abdomen that has grown over the years. (Dkt. 226 ¶ 1.) Defendants dispute the veracity of this testimony, pointing to doctors' notes that found no masses in Nally's abdomen and the lack of any notations in Nally's voluminous medical records indicating such a lump. (Id.)

On October 23, 2012, Dr. Obaisi referred Nally to the University of Illinois at Chicago (“UIC”) for a consultation with a gastrointestinal (“GI”) specialist, a CT scan, and an esophagogastroduodenoscopy (“EGD”). (Dkt. 220 ¶ 15; Dkt. 226 ¶ 4.) Based on that referral, Nally saw a GI specialist at UIC, Dr. Robert Carroll, for his abdominal pain on January 7, 2013. (Dkt. 220 ¶ 17.) Dr. Carroll noted mild reproducible epigastric pain with deep palpation, early evidence of cirrhosis, an enlarged spleen, and symptoms of chronic liver disease. (Dkt. 220 ¶¶ 17-18.) Dr. Carroll did not observe anything that indicated Nally's pain was severe enough to admit him to the hospital. (Dkt. 220 ¶ 18.) Dr. Carroll noted no masses in Nally's abdomen and recommended an EGD to evaluate Nally's pain. (Dkt. 220 ¶¶ 17-18.) Two days later, Dr. Obaisi requested collegial review for Dr. Carroll's EGD recommendations and a colonoscopy. (Dkt. 220 ¶ 19.) Wexford approved Dr. Obaisi's request within five days. (Id.)

Four months later, Dr. Obaisi saw Nally again for complaints of abdominal pain. (Dkt. 220 ¶ 20.) Dr. Obaisi noted no acute findings, but that Nally had hepatitis C and cirrhosis of the liver. (Id.) Dr. Obaisi prescribed Tramadol and Neurontin, and continued Atenolol and Dulcolax. (Id.) Dr. Obaisi saw Nally again in June and July 2013. (Dkt. 220 ¶¶ 23-24). On both occasions, Dr. Obaisi noted that Nally had not yet received an endoscopy at UIC. (Id.). Dr. Obaisi continued to prescribe Tramadol, Neurontin, and Dulcolax. (Id.) Nally later testified that Tramadol was the only medication that alleviated his abdominal pain. (Dkt. 226 ¶ 13.)

On August 13, 2013, Nally was seen by Dr. Carroll again based on Dr. Obaisi's referral. (Dkt. 220 ¶ 25.) Dr. Carroll ran numerous tests and recommended a follow-up visit in three to four weeks, along with a different course of therapy. (Dkt. 226 ¶ 10.) Nally contends that the follow up visit never occurred. (Id.) Defendants contend that a UIC employee is responsible for scheduling follow up visits. (Id.) The parties agree that the next day, August 14, 2013, Dr. Obaisi requested Nally be seen for a GI follow-up visit and on-site EGD, and that Wexford approved Dr. Obaisi's request five days later. (Dkt. 220 ¶ 26.) Dr. Obaisi also continued Nally's Tramadol prescription. (Id.) On October 21, 2013, Nally was transferred to UIC for a GI follow-up appointment. (Dkt. 220 ¶ 27.) Dr. Obaisi requested another referral for Nally to go to the UIC GI/Hepatitis Clinic on December 24, 2013. (Dkt. 220 ¶ 30.)

Dr. Carroll testified that the average return time to UIC for a routine EGD is four to six weeks, and that in his opinion, there are issues with inmates' access to adequate follow-up care. (See Dkt. 221-3 at 27:7-12; Dkt. 226 ¶ 8.) Dr. Carroll also testified that scheduling follow-up appointments for individuals in IDOC custody presents unique challenges that are not faced by civilian patients. (Dkt. 226 ¶ 8.) He attributes the delay to the logistics of transporting and supervising incarcerated patients and the difficulties of “two large bureaucracies interacting.” (See Dkt. 221-3 pp. 53-54.)

3. Dr. Obaisi Takes Nally Off Tramadol

On August 15, 2014, Dr. Obaisi treated Nally for abdominal pain and ongoing headaches. (Dkt. 220 ¶ 32). Dr. Obaisi did not note any acute findings but noted some cervical pain. (Id.) He prescribed Excedrin, ordered an x-ray of Nally's spine, and continued Tramadol (which Nally had requested). (Id.) In 2015, Nally was seen five times for complaints of abdominal pain by various Stateville medical providers. (Dkt. 220 ¶ 33.) Nally had been without Tramadol since January 2015, and requested an appointment with Dr. Obaisi and a medication renewal on multiple occasions in early 2015. (Dkt. 220 ¶¶ 33-35.) Dr. Obaisi evaluated Nally on March 10, 2015 and noted his abdomen was soft. (Dkt. 220 ¶ 36.) Dr. Obaisi attempted to prescribe a substitute for Tramadol because Tramadol was a narcotic and not recommended for long-term use (indeed, the Wexford guidelines recommend against its long-term use), but Nally refused. (Id.; Dkt. 220 ¶ 77.) Although Dr. Carroll had earlier recommended Tramadol as part of Nally's treatment, he also noted a possible reason to discontinue Tramadol, that is, that it could be aggravating Nally's constipation. (See Dkt. 221-3 at pp. 38-39.)

4. Nally's Later Evaluations and Treatments

On December 8, 2015, Nally saw another Stateville physician, Dr. Martija, for abdominal pain. (Dkt. 220 ¶ 40.) Dr. Martija noted that Nally's abdomen was soft, non-tender, and did not show signs of jaundice or icteric sclerae. (Id.) Throughout 2016, Nally was seen 16 times by medical providers at UIC and Stateville for his abdominal pain and other GI issues. (Dkt. 220 ¶ 41.) On January 22, 2016, Dr. Martija evaluated Nally for his pain, diagnosed cirrhosis and splenomegaly, prescribed Tramadol, and scheduled a follow-up with Dr. Obaisi. (Dkt. 220 ¶ 43; Dkt. 226 ¶ 15.) In February 2016, Nally was seen by Stateville medical providers five times, including by Dr. Obaisi on February 18, 2016. (Dkt. 220 ¶¶ 44-48.) During that appointment, Dr. Obaisi attempted to prescribe Acetaminophen. (Dkt. 220 ¶ 47.) Nally refused to take the prescription because he said that Acetaminophen did not work for him. (Id.) Nally saw a different physician on February 25, 2016, who diagnosed Nally with splenomegaly, chronic low back pain, radiculopathy, chronic abdominal pain, TMJ syndrome without pain, and diabetes. (Dkt. 220 ¶ 48.) That physician prescribed Excedrin, ordered an x-ray of Nally's hip, and referred Nally to the medical director for reevaluation of his back and abdominal pain. (Id.)

From March through May 2016, Nally was seen by numerous Stateville medical providers for various ailments, including in some instances abdominal pain. (Dkt. 220 ¶¶ 49-55.) Although Nally saw Dr. Obaisi during this time...