Sims v. Md. Dep't of Pub. Safety & Corr. Servs.

LUIS ALLEN SIMS, Plaintiff, v. MARYLAND DEPARTMENT OF PUBLIC SAFETYAND CORRECTIONAL SERVICES, et al., Defendants.

Civil Action No. GLR-19-704

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

September 28, 2020

MEMORANDUM OPINION

THIS MATTER is before the Court on the Motion to Dismiss filed by Maryland Department of Public Safety and Correctional Services ("DPSCS") (ECF No. 27); the Motion to Dismiss or, in the Alternative, Motion for a More Definite Statement filed by Wexford Health Sources, Inc., Liberatus De Rosa, M.D., Kasahun Temesgen, M.D., Ayoku Oketunji, M.D., Zowie Barnes, M.D., Motunrayo O. Adegorusi, N.P., Emmanuel Esianor, P.A., and Nicole Hargrave¹ (collectively, "Wexford Defendants") (ECF Nos. 33, 35); and the Motion to Dismiss or Alternatively for Summary Judgment filed by Corizon Health, Inc., Dr. Liberatus De Rosa, Dr. Zowie Barnes, Dr. Kasahun Temesgen, Montunrayo Adegorusi, NP, Emmanuel Esianor, PA, and Nicole Hargrave (collectively, "Corizon Defendants") (ECF No. 37).² The Motions are ripe for disposition, and no hearing isnecessary. See Local Rule 105.6 (D.Md. 2018). For the reasons outlined below, the Court will grant the Motions.

I. BACKGROUND

A. Sims' Oppositions

To clarify the source material of the factual background set forth below, the Court first addresses the validity of a series of filings submitted by Sims after Defendants filed their Motions to Dismiss. First, in a submission labeled on CM/ECF³ as a Response to Wexford Defendants' Motion to Dismiss or, in the Alternative, Motion for a More Definite Statement, Sims provides a series of affidavits and exhibits without a clear structure. (Pl.'s Resp. Wexford Defs.' Mot. Dismiss ["Pl.'s 2d Opp'n"], ECF No. 38). Among the exhibits is an affidavit of fellow inmate Michael Brochu, who alleges that like Sims, he suffers from "thyroid cancer," and Wexford has downplayed his cancer, resulting in delayed treatmentand the spread of his cancer. (Pl.'s 2d Opp'n Ex. 2 ["Brochu Decl."], ECF No. 38-2). Sims also provides the affidavit of inmate Timothy Bunke, who alleges that he has received "inadequate care" regarding knee pain from Wexford and Corizon while housed at Jessup Correctional Institution ("JCI"). (Pl.'s 2d Opp'n Ex. 3 ["Bunke Decl."], ECF No. 38-3).

Sims also provides his own declaration, which consists of bullet points of dates and interactions with medical and correctional staff from January 24, 2018 to October 17, 2019. (Pl.'s 2d Opp'n Ex. 1 ["Sims Decl."], ECF No. 38-1). Sims outlines dates in January 2019 when his medical appointments were cancelled. (Id. at 1-2). He states, inter alia, that Defendant Dr. Kasahun Temesgen ordered an ultrasound in June 2019 that has not been done; that he has not been seen by a cardiologist; that he has not received his orthotic shoes; and that he has not been referred to a gastroenterologist. These allegations go well beyond the allegations in the Complaint and are incomplete, as they do not fully explain who requested the consultation or testing; why it was not provided; and/or what harm Sims has suffered as a result. Sims also provides excerpts of his medical records from 2015 to 2019, as well as copies of letters and grievances written regarding his medical care. (Pl.'s 2d Opp'n Exs. 4-5, ECF Nos. 38-4, 38-5).

On December 5, 2019, Sims filed an Opposition to Corizon Defendants' Motion to Dismiss or Alternatively Motion for Summary Judgment, which was again accompanied by a series of exhibits as well as novel allegations. (Pl.'s Resp. Corizon Defs.' Mot. Dismiss ["Pl.'s 3d Opp'n"], ECF No. 41). In it, Sims alleges, for the first time, that the following conditions have not been properly treated by unidentified medical personnel: congenital heart disease, pancreatic cancer, uncontrolled hypertension, gastroenterology, seizuredisorder, kidney issues, degenerative disc disease, and severe headaches. (Id.; Pl.'s 3d Opp'n Ex. 1, ECF No. 41-1). Sims also claims Defendant Nicole Hargrave violated his rights under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and that Corizon Defendants conspired to protect Temesgen. (Pl.'s 3d Opp'n at 17).

Briefs in opposition to a dispositive motion may not be used to amend a complaint or add new claims. See Zachair Ltd. v. Driggs, 965 F.Supp. 741, 748 n.4 (D.Md. 1997) (stating that a plaintiff "is bound by the allegations contained in its complaint and cannot, through the use of motion briefs, amend the complaint"), aff'd, 141 F.3d 1162 (4th Cir. 1998); Mylan Laboratories, Inc. v. Akzo, N. V.,770 F.Supp. 1053, 1068 (D.Md. 1991), aff'd, 2 F.3d 56 (4th Cir. 1993). The Court therefore will not consider the allegations raised for the first time in Sims' Oppositions.

Additionally, on December 30, 2019, Sims submitted to the Court two letters addressed to Defendant Hargrave, which were docketed on CM/ECF as a Supplemental Complaint. (Pl.'s Suppl. Submission ["Ltrs. to Hargrave"], ECF No. 44). The letters in fact appear to constitute a supplemental Opposition and are construed as such. In the filing, Sims confirms that in December 2019, he was seen for follow-up by two outside specialists and additional diagnostic testing had been requested. (Id. at 2).

Finally, Sims has filed several surreplies to Defendants' Motions. (ECF Nos. 49, 57, 60, 61).⁴ No party is entitled to file a surreply unless authorized by the Court. See LocalRule 105.2(a) (D.Md. 2018). A surreply is most often permitted when the moving party must respond to matters raised for the first time in a reply. See Lewis v. Rumsfeld, 154 F.Supp.2d 56, 61 (D.D.C. 2001). Sims neither sought authorization for these surreplies nor appears to be responding to novel arguments contained in Defendants' Replies in support of their Motions. Accordingly, Sims' surreplies are unauthorized and will not be considered.

B. Sims' Allegations

Sims is a state prison inmate presently housed at Jessup Correctional Institution ("JCI") in Jessup, Maryland. (Compl., ECF No. 1). In his unverified Complaint, dated February 25, 2019, Sims alleges that his health began to decline in 2015 when he was diagnosed with cancer.⁵ (Id. at 4-6). Sims alleges that medical appointments with specialists were missed due to the incompetence of administrative staff. (Id. at 6).

Sims alleges DPSCS is liable for its "negligence and incompetence" in failing to conduct a thorough investigation into Wexford's and Corizon's "background[s]." (Id. at 12). Sims also claims that unspecified employees of DPSCS failed to take appropriate action in response to his complaints. (Id. at 24).

Sims states that Corizon is liable for his pain and suffering due to not following all specialists' recommendations; its incompetent medical staff; and its inadequate rules, policies, and regulations. (Id. at 12-13). He claims that employees of Corizon changed his medication without authorization from his specialty care providers. (Id. at 20-22). Simsalso alleges that Corizon staff knowingly inflicted pain and suffering by not following the treatment recommendations of specialists. (Id. at 12-13). Additionally, Sims alleges that he was "almost" given aspirin, to which he is allergic. (Id. at 20-22).

Sims further claims that Wexford and its employees have knowingly changed medication orders from outside specialists in order to save money, and that Wexford and unidentified medical staff have cancelled numerous medical appointments and falsified medical documents. (Id. at 13, 22).

Sims also makes a series of allegations against the individual Defendants named in the Complaint. According to Sims, Defendant Liberatus De Rosa, M.D. "played a major role helping to cover-up the negligence and incompetence of the medical staff at JCI." (Id. at 13). As for Defendant Kasahun Temesgen, M.D., Sims alleges he had "the power to intervene and correct any deficiencies [in Sims' care]," and stopped or changed medication ordered by outside specialists. (Id.). Sims states that Defendant Ayoku Oketunji, M.D. also had the authority to stop and correct deficiencies in Sims' medical care, but despite knowing Sims was provided the wrong medication, showed no concern. (Id.). Sims alleges that Defendant Zowie Barnes, M.D. is motivated by "cost," did not follow through with Dr. Abdi's order regarding Sims' treatment, and committed perjury in 2015.⁶ (Id. at 14-15, 21). Similarly, Sims alleges that Defendant Motunrayo O. Adegorusi, N.P. did not provide adequate medical care because he is driven by cost, and further had knowledge of "wrongdoings and deficiencies of negligence denying prisoners proper medical care" but took no action. (Id.). The Complaint also states that Physician's Assistant "Emanual" knew of unspecified "wrongdoing" and failed to prevent Sims' pain and suffering. (Id. at 16). Finally, Sims asserts that Defendant Nicole Hargrave had the power to prevent Sims' suffering and negligently failed to do so. (Id. at 17).

In sum, Sims alleges that Corizon, Wexford, and "their personnel" were deliberately indifferent to his medical needs and that their conduct constitutes medical malpractice or negligence. (Id. at 25).

C. Medical History

Sims has a medical history of hyperthyroidism secondary to Graves' Disease, hypertension ("HTN"), type-2 diabetes, and Hepatitis C virus ("HCV"). (Corizon Defs.' Mot. Dismiss Alt. Summ. J. ["Corizon Mot."] Ex. A-1 ["Med. Recs."] at 2, ECF No. 37-4). Graves' Disease is an autoimmune disorder that causes an overactive thyroid (i.e., hyperthyroidism). (Corizon Mot. Ex. A ["De Rosa Decl."] ¶ 5, ECF No. 37-3). In those with Graves' disease, the body's immune system attacks the thyroid, which causes it to make more thyroid hormone than is needed. (Id.). Thyroid-stimulating hormone ("TSH") stimulates the thyroid gland. (Id.). Sufferers of Graves' Disease typically have below normal levels of TSH and above normal levels of thyroid hormones. (Id.). "Thyroidhormones control the body's use of energy, and they affect nearly all organs in the...