NESBITT v. LONG et al

Filing 88

ORDER ADOPTING in part and REJECTING in part 82 Report and Recommendations; GRANTING 66 Motion for Summary Judgment; and GRANTING in part and DENYING in part 68 Motion for Summary Judgment. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 3/31/2021. (Attachments: # 1 Exhibit A - Chronology) (kat)

Exhibit A - Chronology
Case: 5:19-CV-67 - Nesbitt v. Long, et al

Date & Time
Wed
09/26/2018

Fact Text
Urinalysis results for Emmanuel Nesbitt

Wed
09/26/2018
11:32 a.m.
ET
Wed
09/26/2018
11:32 a.m.
ET
Wed
09/26/2018
6:50 p.m. ET
Thu
09/27/2018

SCM initial observation. Pre-admission medications:
multivitimin; Baclofen; hydrocodone. Other medical
conditions: several ulcers on buttocks & feet; lower
extremities cold to __.
Initial Observation - Notes detail several ulcers on
Docs. 66-3 at
buttocks & feet and blackouts when in pain; "2 1/2 by 33-36; 68-4 at
1 left cheek, 3 1/2 by 1 right bottom some drainage"
33-36.

Thu
09/27/2018
11:00 a.m.
ET
Fri
09/28/2018

Wound Care Flow Sheet - Bilat buttocks & hips wet
to dry wound dressing change

Fri
09/28/2018
8:45 a.m. ET

Provider Orders - Bactrim OS PO x 7 days; wet to
dry dressing changes until evaluated by provider; 4
caths daily
Wound dressings performed 9/27/2018-1/14/2019.
Dressings performed on Emmanuel Nesbitt's
buttocks.

General Medicine Clinic Data Base - HPI: paraplegic;
reopened buttocks wound 3-4 months ago, also
wound right heel; continue current treatment notes:
Flexeril 10 mg T po BID (until Baclofen approved),
diagnostic measures: Colace 100 mg T po BID MOM
30 ml po now, therapeutic measures: IBU 800 mg
TPO BID prn pain; clinician notes - Baclofen 20 mg
(start when available), wound care buttocks/ left heel
- apply hydrocolluid drsgto site at least QOD, pursue
getting his wheelchair & cushion from home, heel
protection
Wound Care Flow Sheet - Bilat buttocks & hips wet
to dry wound dressing change

Source(s)
Docs. 66-3 at
133; 68-4 at
133.
Docs. 66-3 at
33-36; 68-4 at
33-36.

Docs. 66-3 at
11; 68-4 at 11.
Docs. 66-3 at
136-38, 143;
68-4 at 13638, 143.
Docs. 66-3 at
143; 68-4 at
143.
Docs. 66-3 at
27-28; 68-4 at
27-28.

Docs. 66-3 at
143; 68-4 at
143.

Sat
09/29/2018
3:00 p.m. ET
Sun
09/30/2018
4:08 p.m. ET
Tue
10/02/2018
Tue
10/02/2018
Wed
10/03/2018
9:55 p.m. ET
Fri
10/05/2018
8:30 p.m. ET
Sun
10/07/2018
5:35 p.m. ET
Mon
10/08/2018
Tue
10/09/2018
7:40 p.m. ET
Thu
10/11/2018
9:20 p.m. ET
Mon
10/15/2018
2:46 p.m. ET
Thu
10/18/2018
10:00 p.m.
ET
Thu
10/25/2018
10:45 p.m.
ET
Sun
10/28/2018
3:00 p.m. ET

Wound Care Flow Sheet - Bilat buttocks & hips wet
to dry wound dressing change
Wound Care Flow Sheet - Bilat buttocks & hips wet
to dry wound dressing change
Provider Orders - Cdace 100 mg T po BID; Flexeril
10 mg T po BID (until Baclofen approved then d/c);
Baclofen 20 mg T po BID (start when available); IBU
800 mg T po BID pm pain
Provider Orders - Wound care buttocks/left heel
QOD & PRN apply hydrocolluid dsg to sites; Heel
protection; limit time in MC - attempt to get home
personal W/C & cushion
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed
General Medicine Clinic Follow-up - Notes: continue
current treatment - use personal w/c; cont daily right
foot dress
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
143; 68-4 at
143.
Docs. 66-3 at
143; 68-4 at
143.
Docs. 66-3 at
11; 68-4 at 11.
Docs. 66-3 at
11; 68-4 at 11.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
26; 68-4 at 26.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
138; 68-4 at
138.

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
138; 68-4 at
138.

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
138; 68-4 at
138.

Tue
10/30/2018
8:00 p.m. ET
Fri
11/02/2018
6:45 p.m. ET
Mon
11/05/2018
Mon
11/05/2018
10:25 a.m.
ET
Mon
11/05/2018
10:25 a.m.
ET
Mon
11/05/2018
3:35 p.m. ET
Tue
11/06/2018
10:45 a.m.
ET
Tue
11/06/2018
11:15 a.m.
ET
Thu
11/08/2018
7:53 a.m. ET
Sat
11/10/2018
4:00 p.m. ET
Mon
11/12/2018
Mon
11/12/2018
3:00 p.m. ET
Wed
11/14/2018
3:13 p.m. ET

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
138; 68-4 at
138.
Wound Care Flow Sheet - Buttock wound dressing
Docs. 66-3 at
changed
138; 68-4 at
138.
General Medicine Clinic Follow-up - Notes: continue Docs. 66-3 at
current treatment - MOM 30 ml ps now and then q 3d 25; 68-4 at 25.
if no BM respond; cont wound care QOD; wound
clinic eval; follow-up in 2 months
General Medicine Clinic Follow Up. Review buttocks Docs. 66-3 at
and right heel wounds. Diagnostic Measures:
44; 68-4 at 44.
Continue wound care qod; wound clinic evaluation.
General Medicine Clinic Follow Up - Continue
current treatment: MOM 30 ml PS now and then q 3d
if no BM; diagnostic measures: cont wound care
QOD, wound clinic eval; Therapeutic measures:
obtain med records
Wound Care Flow Sheet - Buttock wound dressing
changed
Provider Orders - Cont wound care QOD; wound
clinic eval; Ensure or Boost drinks BID

Docs. 66-3 at
44; 68-4 at 44.

Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
9; 68-4 at 9.

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
138; 68-4 at
138.

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
256; 68-4 at
256.
Docs. 66-3 at
138; 68-4 at
138.
Docs. 66-3 at
137; 68-4 at
137.

Wound Care Flow Sheet - Buttock wound dressing
changed
SCM Prior Approval Form - Wound clinic eval
requested on November 9, 2018. Approved on
November 12, 2018.
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed

Fri
11/16/2018
11:11 a.m.
ET
Sun
11/18/2018
10:30 a.m.
ET
Mon
11/19/2018
8:14 a.m. ET
Sat
11/24/2018
12:30 p.m.
ET

Mon
11/26/2018
2:00 p.m. ET
Tue
11/27/2018
3:21 p.m. ET
Tue
11/27/2018
3:36 p.m. ET
Thu
11/29/2018
Thu
11/29/2018
3:45 p.m. ET
Thu
11/29/2018
3:45 p.m. ET
Thu
11/29/2018
3:45 p.m. ET
Mon
12/03/2018
3:45 p.m. ET

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
137; 68-4 at
137.

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
137; 68-4 at
137.

Medical request - Emmanuel Nesbitt complained
about a bad toothache that caused him headaches
and prevented him from eating.
Medical request - Emmanuel Nesbitt said that he had
been sick for two days and that he told the nurse
about his spasms, pain, and blackouts. Emmanuel
Nesbitt also complained about his toothache getting
worse and requested assistance ASAP due to groin
pain and a possible cyst. Emmanuel Nesbitt said that
he has been saying something for a couple of days
but had not seen anyone.
Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
70; 68-4 at 70.

Nursing Assessment for Multiple Complaints Assessment: right side feels like muscle cramp in
ribs; Plan: notify provider on-call; place on list for
provider next week
Nursing Assessment for Facial/Dental Pain Assessment: hole in #18 tooth, jaw pain, and R/O
abscess; Plan: Oragel packets 1 per day for 3 days
Wound dressings performed on Emmanuel Nesbitt's
right heel 11/29/2018-1/19/2019
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
69; 68-4 at 69.

Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
67; 68-4 at 67.
Docs. 66-3 at
68; 68-4 at 68.
Docs. 66-3 at
135, 139-40;
68-4 at 135,
139-40.
Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
140; 68-4 at
140.
Docs. 66-3 at
137; 68-4 at
137.

Thu
12/06/2018
2:30 p.m. ET
Sat
12/08/2018
4:00 p.m. ET
Sat
12/08/2018
4:00 p.m. ET
Mon
12/10/2018
Mon
12/10/2018
Mon
12/10/2018
Mon
12/10/2018
Mon
12/10/2018

Mon
12/10/2018
9:00 a.m. ET
Mon
12/10/2018
9:00 a.m. ET
Mon
12/10/2018
3:45 p.m. ET
Mon
12/10/2018
4:45 p.m. ET
Wed
12/12/2018
2:30 p.m. ET
Wed
12/12/2018
2:40 p.m. ET

Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Provider Examination Sheet - Reason for visit:
wounds; Plan: MOU 30 ml po; Baclofen 40 mg T ps
BID; cont wound care (will transfer to ER now for
further care)
ER Visits/Off-site Appointments - Emmanuel Nesbitt
complained of chest and abdominal pain
Wellstar Sylvan Grove Hospital (SG Emergency) Prescription for nitrofurantoin (MACRODANTIN) 100
mg capsule written for Emmanuel Nesbitt
Wellstar After Visit Summary - Reason for visit: back
and chest pain; Diagnoses: urinary tract infection
without hematuria, chest pain
Wellstar Sylvan Grove Hospital Visit Summary Emmanuel Nesbitt complained of back and chest
pain; physical exam and chest x-ray performed;
Emmanuel Nesbitt admitted at 1:28 p.m. and
discharged at 3:54 p.m.
Wound Care Flow Sheet - Buttock wound dressing
changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Progress notes - Received report from sylvan grove;
Emmanuel Nesbitt has UTI; EKG normal; Emmanuel
Nesbitt was prescribed antibiotic; Emmanuel Nesbitt
on his way back to facility
Provider Orders - Bactrim DS PO BID x days
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
140; 68-4 at
140.
Docs. 66-3 at
24; 68-4 at 24.
Docs. 66-3 at
111; 68-4 at
111.
Docs. 66-3 at
128; 68-4 at
128.
Docs. 66-3 at
166-69; 68-4
at 166-69.
Doc. 66-5 at 5

Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
140; 68-4 at
140.
Docs. 66-3 at
62; 68-4 at 62.
Docs. 66-3 at
10; 68-4 at 10.
Docs. 66-3 at
140; 68-4 at
140.
Docs. 66-3 at
137; 68-4 at
137.

Fri
12/14/2018
10:15 a.m.
ET
Fri
12/14/2018
4:00 p.m. ET
Fri
12/14/2018
4:00 p.m. ET
Sat
12/15/2018
3:30 p.m. ET
Sun
12/16/2018
8:45 a.m. ET
Mon
12/17/2018

Provider Orders - Refer to wound clinic to eval right
heel and bil. buttocks; cleanse right heel apply santyl
to wound dry dressing and change daily

Docs. 66-3 at
10; 68-4 at 10.

Wound Care Flow Sheet - Buttock wound dressing
changed

Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
137; 68-4 at
137.
Docs. 66-3 at
10; 68-4 at 10.

Mon
12/17/2018

Provider Orders - Cont qd disg to right heel/foot;
hydrocolloid to buttock QOD; wound clinic eval; DC
dressing on right buttock per provider
Provider Examination Sheet - Reasons for visit: Flu
ER; Plan: obtain med records from ER last wk; cont
disg right foot/heel qd; hydrocolluid to left buttock
QOD; wound clinic eval
Wound Care Flow Sheet - Right heel wound
dressing changed

Mon
12/17/2018
Mon
12/17/2018
12:07 p.m.
ET
Mon
12/17/2018
12:13 p.m.
ET
Mon
12/17/2018
12:13 p.m.
ET
Tue
12/18/2018
6:30 p.m. ET
Wed
12/19/2018
Wed
12/19/2018

Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Buttock wound dressing
changed
Provider Orders - Transfer to ER per provider at
provider visit
Wound dressings performed on Emmanuel Nesbitt's
right foot 12/17/2018-1/19/2019

Docs. 66-3 at
134, 141; 68-4
at 134, 141.
Docs. 66-3 at
7; 68-4 at 7.
Docs. 66-3 at
22; 68-4 at 22.
Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Left buttock wound
dressing changed

Docs. 66-3 at
136; 68-4 at
136.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
141; 68-4 at
141.

Wound Care Flow Sheet - Left buttock wound
dressing changed

Docs. 66-3 at
136; 68-4 at
136.
Docs. 66-3 at
23; 68-4 at 23.

Provider Examination Sheet - Reasons for visit:
wound care; Plan - (illegible writing) medication
prescription & follow-up in 2 wks
Provider Orders - Continue Bactium daily until
complete; medication (illegible spelling) 150 mg BID

Docs. 66-3 at
7; 68-4 at 7.

Wed
12/19/2018
5:45 p.m. ET
Fri
12/21/2018
12:07 p.m.
ET
Fri
12/21/2018
12:07 p.m.
ET
Sat
12/22/2018
10:00 a.m.
ET
Sat
12/22/2018
10:00 a.m.
ET
Sun
12/23/2018
10:30 a.m.
ET
Sun
12/23/2018
10:55 a.m.
ET
Sun
12/23/2018
10:55 a.m.
ET
Mon
12/24/2018
Mon
12/24/2018
3:00 p.m. ET
Mon
12/24/2018
3:00 p.m. ET
Mon
12/24/2018
3:00 p.m. ET

x 14 days; change dressing daily; recheck in 2
weeks
Progress notes - Emmanuel Nesbitt's foot dressing
changed daily; provider visit - Dr. Wroebel

Docs. 66-3 at
62; 68-4 at 62.

Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
141; 68-4 at
141.

Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
141; 68-4 at
141.

Wound Care Flow Sheet - Left buttock wound
dressing changed

Docs. 66-3 at
136; 68-4 at
136.

Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
141; 68-4 at
141.

Medication Order Form - Balcofen (20 mg) ordered
w/ instructions for Emmanuel Nesbitt to take daily.
Quantity - 90 w/ refills
Wound Care Flow Sheet - Left buttock wound
dressing changed

Docs. 66-3 at
72; 68-4 at 72.

Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
136; 68-4 at
136.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
141; 68-4 at
141.

Wed
12/26/2018
3:00 p.m. ET
Wed
12/26/2018
3:10 p.m. ET
Wed
12/26/2018
3:10 p.m. ET
Thu
12/27/2018
11:02 a.m.
ET

Thu
12/27/2018
11:07 a.m.
ET
Thu
12/27/2018
11:07 a.m.
ET
Thu
12/27/2018
11:07 a.m.
ET
Fri
12/28/2018
9:46 a.m. ET
Fri
12/28/2018
9:46 a.m. ET
Sat
12/29/2018
3:00 p.m. ET
Sat
12/29/2018
3:00 p.m. ET
Mon
12/31/2018
Mon
12/31/2018
2:00 p.m. ET

Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Left buttock wound
dressing changed
Wound Care Flow Sheet - Right lateral foot wound
dressing changed
Progress Note. While completing wound dressing
change on the right heel and lateral foot, I noticed a
scant amount of blood on his jumpsuit. Upon
assessment, small amount of blood coming f rom
wound on left buttock. Cleaned ... and replaced ...
dressing. ... Dressing change to take place every
other day ... Will reassess wound tomorrow.
Wound Care Flow Sheet - Left buttock wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
136; 68-4 at
136.
Docs. 66-3 at
141; 68-4 at
141.
Docs. 66-3 at
66; 68-4 at 66.

Docs. 66-3 at
136; 68-4 at
136.

Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
141; 68-4 at
141.

Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
141; 68-4 at
141.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
141; 68-4 at
141.
Docs. 66-3 at
75-88; 68-4 at
75-88.
Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Right lateral foot wound
dressing changed
Medication Administration Record - Multiple
medications (including Balcofen) prescribed by Dr.
Wrobel
Wound Care Flow Sheet - Right heel wound
dressing changed

Tue
01/01/2019
2:29 p.m. ET

Tue
01/01/2019
2:29 p.m. ET

Tue
01/01/2019
2:30 p.m. ET
Wed
01/02/2019
4:00 p.m. ET
Wed
01/02/2019
4:00 p.m. ET
Wed
01/02/2019
4:00 p.m. ET
Thu
01/03/2019
1:40 p.m. ET
Thu
01/03/2019
1:40 p.m. ET
Thu
01/03/2019
2:00 p.m. ET
Thu
01/03/2019
2:00 p.m. ET

Medical Request. I'm having severe pain on my left
and right side, i'm also having pain in my lungs when
i breath. i have informed yall several times about
blood in my stool and the condition is getting worse.
the pain in my legs is worse from the lack of therapy
and its makin my legs stiff, i still haven't seen the
urologist, therapist, orthopedic, neurologist or any
other specialists that i've been referred to. my
conditions and illness are not getting but worse as
the goes with no medical attention.
Medical Request - Emmanuel Nesbitt complained of
severe pain on his left and right side. Also,
Emmanuel Nesbitt said that he was having pain in
his lungs when he breathed. Emmanuel Nesbitt also
said that the pain in his legs was worse from the lack
of therapy making his legs stiff. Emmanuel Nesbitt
said that he still had not seen a urologist, therapist,
"orthopedic," neurologist, or any other specialist he
was referred to. Emmanuel Nesbitt said that his
condition were "not getting but worse as the goes
with no medical attention."
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Left buttock wound
dressing changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Right lateral foot wound
dressing changed
Nursing Assessment. Chief complaint of bilaterally
sid ribs, bladder pain. Placed on provider list for
Monday.
Nursing Assessment for Multiple Complaints Emmanuel Nesbitt complained of blood in his stool.
Plan: Emmanuel Nesbitt "placed on provider list for
Monday."
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
65; 68-4 at 65.

Docs. 66-3 at
65; 68-4 at 65.

Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
136; 68-4 at
136.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
141; 68-4 at
141.
Docs. 66-3 at
64; 68-4 at 64.
Docs. 66-3 at
64; 68-4 at 64.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
141; 68-4 at
141.

Fri
01/04/2019
3:00 p.m. ET
Fri
01/04/2019
3:00 p.m. ET
Fri
01/04/2019
3:00 p.m. ET
Sat
01/05/2019
11:00 a.m.
ET
Sat
01/05/2019
11:15 a.m.
ET
Sat
01/05/2019
2:33 p.m. ET
Sun
01/06/2019

Sun
01/06/2019

Mon
01/07/2019
Mon
01/07/2019
Mon
01/07/2019
Mon
01/07/2019

Wound Care Flow Sheet - Left buttock wound
dressing changed
Wound Care Flow Sheet - Right heel wound
dressing changed
Wound Care Flow Sheet - Right lateral foot wound
dressing changed
Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
136; 68-4 at
136.
Docs. 66-3 at
139; 68-4 at
139.
Docs. 66-3 at
141; 68-4 at
141.
Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
141; 68-4 at
141.

Medical Request - Emmanuel Nesbitt stated that he
wrote a statement authorizing his sister to receive his
medical records and that this was his second attempt
to release his records, which was his right.
Progress Note. Inmate c/o blood coming from his left
hip/buttock area to officer. Brought inmate to
medical. break in skin. Applied AAA cr - non
adhesive patch/tape. no bleeding noted. notified
provider via telephone. will monitor. inmate to notify
of any changes.
Progress notes - Emmanuel Nesbitt complained of
blood coming from his left hip/buttock area to officer.
Brought Emmanuel Nesbitt to medical; break in skin;
applied AAA cr - non adhesive patch/tape - no
bleeding noted; notified provider via telephone; will
monitor; Emmanuel Nesbitt to notify of any changes
Provider Orders - Daily right foot wound care, paint &
betadine; wound clinic eval; hydrocolluid disg to
buttock wounds x2 QOD
Provider Examination Sheet - Reason for visit: rev
wounds; Plan: Hydrocolluid to buttock wound QOD;
Wkly MAC (unable to weigh on scales); daily right
foot wound care, paint & betadine; wound clinic eval
SCM Urinalysis results for Emmanuel Nesbitt

Docs. 66-3 at
63; 68-4 at 63.

Wound Care Flow Sheet - Right lateral foot wound
dressing changed

Docs. 66-3 at
62; 68-4 at 62.

Docs. 66-3 at
62; 68-4 at 62.

Docs. 66-3 at
7; 68-4 at 7.
Docs. 66-3 at
19; 68-4 at 19.
Docs. 66-3 at
132; 68-4 at
132.
Docs. 66-3 at
141; 68-4 at
141.

11:25 a.m.
ET
Mon
01/07/2019
11:28 a.m.
ET
Tue
01/08/2019
11:00 a.m.
ET
Tue
01/08/2019
11:00 a.m.
ET
Wed
01/09/2019
8:18 a.m. ET
Wed
01/09/2019
2:30 p.m. ET
Wed
01/09/2019
2:30 p.m. ET
Fri
01/11/2019
5:00 p.m. ET
Fri
01/11/2019
5:00 p.m. ET
Sun
01/13/2019
11:00 a.m.
ET
Mon
01/14/2019
Mon
01/14/2019
12:30 p.m.
ET
Mon
01/14/2019
12:30 p.m.
ET

Wound Care Flow Sheet - Right heel wound
dressing changed

Docs. 66-3 at
139; 68-4 at
139.

Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed

Docs. 66-3 at
134; 68-4 at
134.

Wound Care Flow Sheet - Right heel wound
dressing change and measurement performed

Docs. 66-3 at
135; 68-4 at
135.

LabCorp Patient Report - Emmanuel Nesbitt lab
results; Ordered items: Comp. Metabolic Panel (14),
CBC, Platelet, No Differential
Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed

Docs. 66-3 at
130; 68-4 at
130.
Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
134; 68-4 at
134.

Wound Care Flow Sheet - Right heel wound
dressing change and measurement performed
Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed
Wound Care Flow Sheet - Right heel wound
dressing change and measurement performed
Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed
Provider Examination Sheet - Reason for visit: rev
wounds; Plan: cont wound care buttocks
hydrocolluid; cont right foot wound care Betadine;
hold colace; Imodium T ceps
Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed

Docs. 66-3 at
16; 68-4 at 16.

Wound Care Flow Sheet - Right heel wound
dressing change and measurement performed

Docs. 66-3 at
135; 68-4 at
135.

Docs. 66-3 at
134; 68-4 at
134.

Tue
01/15/2019
4:00 p.m. ET
Tue
01/15/2019
4:00 p.m. ET
Wed
01/16/2019
4:50 p.m. ET
Wed
01/16/2019
4:55 p.m. ET
Thu
01/17/2019
4:00 p.m. ET
Thu
01/17/2019
4:00 p.m. ET
Fri
01/18/2019
3:45 p.m. ET
Fri
01/18/2019
3:45 p.m. ET
Sat
01/19/2019
1:00 p.m. ET
Sat
01/19/2019
1:00 p.m. ET
Tue
01/22/2019
2:15 p.m. ET
Fri
01/25/2019
Mon
01/28/2019
10:45 a.m.
ET
Sun
02/03/2019
Wed
02/06/2019
5:19 p.m. ET

Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed
Wound Care Flow Sheet - Right heel wound
dressing change, performed (unable to measure)
Wound Care Flow Sheet - Right heel wound
dressing change, performed (unable to measure)
Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed
Wound Care Flow Sheet - Right lateral foot wound
change & measurement performed
Wound Care Flow Sheet - Right heel wound
dressing change, wound scabbed
Wound Care Flow Sheet - Note: wound scabbed,
open to air; wound measurement performed
Wound Care Flow Sheet - Right heel wound
scabbed; wound open to air
Wound Care Flow Sheet - Note: wound scabbed,
open to air; wound measurement performed
Wound Care Flow Sheet - Right heel wound
scabbed; wound open to air
Medical notes stated that Emmanuel Nesbitt was
"soiled with urine and feces" and that his jumpsuit
was "complete saturated." Emmanuel Nesbitt
refused to leave medical eval.
Progress notes - MAC measurement completed

Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
134; 68-4 at
134.
Docs. 66-3 at
135; 68-4 at
135.
Docs. 66-3 at
59; 68-4 at 59.

Provider Orders - D/C wound care on right foot/heel;
weekly check on right foot/heel

Docs. 66-3 at
59; 68-4 at 59.
Docs. 66-3 at
6; 68-4 at 6.

Provider Orders - Flexeril 10 mg bid prn until
Baclofen is available
Progress notes - Emmanuel Nesbitt resting quietly.
Not complaints voiced.

Docs. 66-3 at
6; 68-4 at 6.
Docs. 66-3 at
59; 68-4 at 59.

Thu
02/07/2019
5:30 p.m. ET
Fri
02/08/2019
4:42 p.m. ET
Sat
02/09/2019
3:00 p.m. ET
Sun
02/10/2019
Mon
02/11/2019
5:12 p.m. ET
Tue
02/12/2019
3:36 p.m. ET
Wed
02/13/2019
1:14 p.m. ET
Wed
02/13/2019
2:39 p.m. ET

Wed
02/13/2019
4:00 p.m. ET
Thu
02/14/2019
3:58 p.m. ET
Fri
02/15/2019
2:18 p.m. ET

Progress notes - Emmanuel Nesbitt resting quietly.
Dressing change to right buttock. No complaints
voiced. Accepted AM meds this AM. Incident, will
monitor.
Progress notes - Emmanuel Nesbitt resting. No
complaints voiced. No distress noted.

Docs. 66-3 at
59; 68-4 at 59.

Progress notes - Emmanuel Nesbitt sitting in
wheelchair in cell

Docs. 66-3 at
59; 68-4 at 59.

Progress notes - Emmanuel Nesbitt resting on bunk;
dressing change performed; no complaints
Progress notes - Emmanuel Nesbitt resting on bed
quietly; no complaints voiced

Docs. 66-3 at
59; 68-4 at 59.
Docs. 66-3 at
59; 68-4 at 59.

Progress notes - Emmanuel Nesbitt up to exam table
for dressing change. Dressing changed per order.
No complaints voiced.
Medical Request - Emmanuel Nesbitt stated that he
had been requesting that his sister, Ameila Nesbitt
receive his medical records for months but she had
not received a response or reply from the medical
department or SCM.
Medical Request - Emmanuel Nesbitt said that he
was told that a new provider would see him but had
not been seen by a new provider in two months.
Emmanuel Nesbitt said that he remained in pain due
to being denied proper medical support. Emmanuel
Nesbitt said that on 12/10/2018, he was diagnosed
with a very bad kidney infection and a lung infection
that made it hard to breathe. Emmanuel Nesbitt said
that he also suffered from pain in his back, legs, and
joints. Finally, Emmanuel Nesbitt said that his
wheelchair had been broken for two months which
caused him to suffer and struggle daily.
Progress Notes - Emmanuel Nesbitt up in
wheelchair. Complaints voiced.

Docs. 66-3 at
59; 68-4 at 59.

Progress Notes - Emmanuel Nesbitt up in
wheelchair. Complaints voiced.

Docs. 66-3 at
54; 68-4 at 54.

Progress Notes - Emmanuel Nesbitt in wheelchair
singing. Distress noted.

Docs. 66-3 at
54; 68-4 at 54.

Docs. 66-3 at
59; 68-4 at 59.

Docs. 66-3 at
56; 68-4 at 56.

Docs. 66-3 at
55; 68-4 at 55.

Docs. 66-3 at
54; 68-4 at 54.

Sat
02/16/2019
3:30 p.m. ET
Sun
02/17/2019
Mon
02/18/2019

Mon
02/18/2019
Mon
02/18/2019
12:00 p.m.
ET
Tue
02/19/2019
4:00 p.m. ET
Sun
02/24/2019
8:08 a.m. ET
Tue
02/26/2019

Progress Notes - Wound care done. Restocked 14
FR catheters & pullups. No complaints voiced.

Docs. 66-3 at
54; 68-4 at 54.

Progress Notes - Emmanuel Nesbitt rested most of
the day. Med complaint. Quiet.
Provider Examination Sheet - Reason for visit:
medical issues/complaints & requests; Plan: Urine
culture; ask Dr. Wroebel to see IM for IM concerns;
cont assessment/wound care prv; Bactrim OST PO
SID x 7d; wheelchair eval/repair
Urinalysis Results - SCM performed a urinalysis on
Emmanuel Nesbitt

Docs. 66-3 at
54; 68-4 at 54.
Docs. 66-3 at
18; 68-4 at 18.

Progress Notes - Emmanuel Nesbitt requested to be
moved out of medical. Provider advised Emmanuel
Nesbitt that they would have to check with corp.

Docs. 66-3 at
123; 68-4 at
123.
Docs. 66-3 at
54; 68-4 at 54.

Progress Notes - Emmanuel Nesbitt in cell.
Emmanuel Nesbitt voiced no complaints at the time.

Docs. 66-3 at
54; 68-4 at 54.

LabCorp Patient Report - LabCorp performed a urine
culture on Emmanuel Nesbitt. The report detailed
how Emmanuel Nesbitt's sample showed
susceptibility to UTIs
Progress Notes - Inmate at medical for heel
assessment. Emmanuel Nesbitt complained of
cutting himself on the toilet. Upon assessment of left
buttock, small surface scrape noted. Emmanuel
Nesbitt complained of blood loss when incident
occurred. Small amount of skin lifted. Cleaned with
saline. Emmanuel Nesbitt said that the incidents
occurred due to there being no bars around toilets to
assist him. Emmanuel Nesbitt instructed to keep
area clean and dry and to report any new changes or
symptoms.

Docs. 66-3 at
124-25; 68-4
at 124-25.
Docs. 66-3 at
53; 68-4 at 53.