United States District Court, D. Maine
BRANDON B. DREWRY, Plaintiff,
CORRECT CARE SOLUTIONS, et al., Defendants.
JOHN C. NIVISON, Magistrate Judge.
In this action, Plaintiff alleges deliberate indifference by Defendants in connection with their provision of prison medical care. The matter is before the Court on the Motion to Dismiss of the Correct Care Solutions Defendants (ECF No. 25); Plaintiff's Renewed Motion to Amend (ECF No. 33); Plaintiff's "Amended - Corrected Complaint" (ECF No. 44); Plaintiff's Supplement to Complaint (ECF No. 68); Plaintiff's Motion for Injunctive Relief (ECF No. 75); and Plaintiff's Motion to Supplement Pleading (ECF No. 84).
Following a review of the record and after consideration of the parties' arguments, I recommend that the Court grant in part and deny in part the Motion to Dismiss of the Correct Care Solutions Defendants (ECF No. 25); grant in part and deny in part Plaintiff's Renewed Motion to Amend (ECF No. 33); deny Plaintiff's "Amended-Corrected Complaint" (ECF No. 44); grant Plaintiff's "Supplemental Pleadings" (ECF No. 68); deny Plaintiff's Motion for Injunctive Relief (ECF No. 75); and grant Plaintiff's "Supplemental Pleading" (ECF No. 84).
The facts set forth herein are derived from Plaintiff's Complaint, which facts are deemed true when evaluating the Motion to Dismiss. Beddall v. State St. Bank & Trust Co., 137 F.3d 12, 16 (1st Cir. 1998).
Plaintiff is an inmate at the Maine State Prison. Defendants consist of Correct Care Solutions (CCS), with which the State contracts to provide medical services at the prison, and certain individuals employed by Correct Care Solutions, identified by Plaintiff as follows: Elisabeth Lamson, Health Services Administrator; Robert Clinton, Regional Medical Director; Deborah Hill, Registered Nurse; Dr. Hockersmith; and Dr. Stockwell.
Plaintiff has hereditary hemorrhagic telangiectasia (HHT), a condition that causes frequent severe nosebleeds. CCS staff members have referred Plaintiff to private health care providers, including Dr. Robert Dixon, for treatment of the condition. CCS has also recommended that Plaintiff undergo the "Young's procedure" to treat his HHT, a procedure by which the patient's nostrils are surgically closed. When Plaintiff objected to the proposal, Physician Assistant "Farra" scheduled him for a psychological consult.
Plaintiff repeatedly filed grievances based on his contention that CCS failed to treat the condition. Plaintiff's grievance activity started in May 2013 or perhaps earlier. In September 2013, and again in March 2014, Plaintiff received treatment by a surgeon who performed Plaintiff's "second and third YAG procedures." On one occasion, the provider cauterized vessels in the left nostril when Plaintiff presented for treatment of his right nostril. (PageID # 13.) The provider advised Plaintiff that it was likely he would require two or three YAG procedures annually to manage his nosebleeds. Plaintiff asserts that Defendant Lamson was sarcastic in her response when he alleged in a grievance that he had not received treatment on his right nostril. (PageID ## 13-14.)
In July 2014, Plaintiff received a disciplinary charge for causing a nosebleed (disorderly behavior) and was fined $50. (PageID ## 16-17.) Plaintiff filed a Rule 80C motion in state court challenging the charge. (PageID # 19.)
Although Plaintiff presently has a prescription for Bacitracin ointment, Plaintiff maintains that he does not receive it timely. (Id. ) CCS nurses at times have provided Plaintiff with single application packets of Bacitracin. (PageID # 19.)
Plaintiff alleges that he also has experienced outbreaks of Staphylococcus aureus, which present as bleeding rashes or sores on his skin. In 2008, Plaintiff received a course of oral antibiotics in connection with sores that appeared on the back of his head and neck. (PageID # 20.) Subsequently, Plaintiff was provided with skin lotion, which "solved the problem responsible for the staph infections'." (PageID # 21.) For approximately three years, Plaintiff had no further skin infections. In 2011, when CCS began as the contract provider at the Maine State Prison CCS canceled Plaintiff's orders for, inter alia, Lubriskin lotion. (PageID ## 21-22.) Plaintiff filed multiple grievances regarding the change in his treatment, but was told to purchase the lotion from the canteen, complete a sick call request, and pay $5.00 for any associated care. (PageID # 22.) Plaintiff asserts that his condition is a chronic care matter that should not require payment of fees for sick call and that he should receive lotion without payment. (PageID ## 22-23.)
In August 2014, Plaintiff was seen by Dr. Webster due to a severe nosebleed. Plaintiff contends that he was experiencing an outbreak of staph infection at the time, but Dr. Webster would not acknowledge or treat the alleged staph infection. (PageID ## 5-6.) Following that incident, Plaintiff has had fifteen or more infected sores, some of which ooze. (PageID ## 24-25.) Dr. Stockwell advised Plaintiff not to scratch his skin. (PageID # 30.)
In April 2014, Plaintiff developed painful cold sores on his mouth. CCS staff members advised him to complete a sick call slip and pay $5.00 to be seen by medical personnel. (PageID # 15.) Plaintiff has refused to pay a fee for "chronic care' issues that are ignored by CCS physicians." (PageID # 16.) Dr. Webster has prescribed "Acydovir 5%" for Plaintiff's cold sores, but the medication has had minimal effect. (PageID # 29.)
Mental Health Care
Plaintiff alleges a need for psychiatric services as a result of the distress that he has experienced due to the inadequate medical care; wrongful conviction; grievances related to law library access; and the threats, provocation and assaults by a Sergeant Doyle. (PageID ## 26-27.) Plaintiff received only one brief counseling session in September 2014. During the session, the social worker with whom he met recommended that he have photographs taken of large sores on his thigh and torso. Plaintiff, however, had no money for photographs. Plaintiff has not received any other counseling sessions. (PageID # 27-28.)
In 2011, CCS canceled Plaintiff's orders for A&D ointment (for nosebleeds), Lubriskin lotion, and Tylenol. (PageID # 21.) CCS also requires Plaintiff to purchase Tums and Ivory soap. (PageID # 29.) Plaintiff alleges severe headaches following a 2005 head injury during a jail assault. (Id. ) Ibuprofen resolves the headaches. (Id. ) Plaintiff is also dissatisfied with the treatment made available for acid reflux. (Id. )
Plaintiff alleges that all of his grievances have been ignored by CCS staff and by the Maine State Prison grievance review officer. (PageID # 31.)
Plaintiff requests a declaration that the treatment or lack of treatment has deprived him of his constitutional rights, injunctive relief directing Defendants to provide appropriate treatment, and an award of compensatory and punitive damages. (PageID # 32.)
Plaintiff filed nine exhibits in support of his complaint. By letter, these are:
A. August 29, 2014, grievance form alleging refusal to treat staph infections;
B. April 5, 2011, letter report of treatment by Dr. Robert ...