Houck v. Wexford Health Service, Inc
Filing
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MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 8/15/2017. (c/m 8/15/2017 aos, Deputy Clerk)
FILED
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IN TIlE UNITED STATES DISTRICT COUltt?J'?".~
FOR TIlE DISTRICT OF MARYLAND~'
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SOllf"el'll DiI'i.,ioll
.IAI\IES E. 1I0UCK,
WEXFORD IIEALTII
INC., ef III.,
SOURCES,
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Ci"i1 Action No. C.1II.16.IJB
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Dcfcndants.
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ZOIl AUG I 5 A 10: I 5
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Plaintiff,
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MEi\IORANDUi\IOI'INION
James Houck. an inmate at the Western Correctional
against Defendants
files this action
I larry B. Murphy. Ph.D .. Melanic (jordon. Jonathan I less. Ronald Shane
Weber (collecti\'Cly.
("Wexflll'd").
Institution ("'W(T).
the "Mental llealth Detcndants").
and Vincent A. Siracusano.
1983. !lJ!'alleged violations
dispositi\'C motions.
Wexflmillealth
Sources. Inc.
M.D. Ilouck has filed suit pursuant to 42 U.S.c. ~
of his Eight Amendment
rights.
Alllkfcndants
llil\'C tiled
For the fl)lIowing reasons. these motions ",ill be granted ,,'ith the exception
or DelCndant Siracusano.
I.
BACKCROUND
A. I'roccduraillistory
Ilouek is an inmate ",ho is incarcerated
2016. he filed a Complaint
on September
14.2016.
by their counsel.
JlI'O .\1'
at WCI in Cumberland.
Maryland. On i\lay 2.
pursuant to 42 U.S.C. ~ 1983. ECF No. I." hich he amended
at the direction of the Court. ECF NO.3. The Mental llealth DelCndants.
tiled a Motion to Dismiss or. in the Alternative.
I'vlotion Illl'Sumlllary
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Judgmcnt.
ECF No. 23. and Iiouck libl
and a Motion 1'01'a Preliminary
llearing.
a Cross-Motion
Ii,r Summary Judgmcnt.
ECF No. 26. Dclcndant
Wcxrord Iiled a Motion to
Dismiss. lOCI' No. 29. Houck thcn liled a Motion ror Summary Judgmcnt.
Motion to Amcnd thc Complaint.
ECF No. 34. Vinccnt A. Siracusano.
to Dismiss Ii))' Failurc to Statc a Claim. lOCI' No. 35. In rcsponsc.
"Motion
I())' Summary Judgmcnt
ECF No. 25.'
lOCI' I 0.33. and a
M.D .. also Iiled a Motion
Iiouck lilcd a papcr titled
and Rcply," ECF No. 37. \\hich hc latcr supplcmcntcd.
ECF
No. 38: ECF No. 40. and a Rcsponsc to the Motion to Dismiss I()r Failurc to Statc a Claim. ITF
No. 39.
B. Factual Background
,
Thc gravamcn
or Iiouck' s Complaint
treat his bi-polar disordcr and schiwphrcnia.
gynccomastia
or enlargcmcnt
is that mcdical pnl\'idcrs
and thc mcdication
prcscribcd
Rispcrdal'
to
causcd him to dcvelop
or male brcasts. stomach discoml())'t. and blurrcd vision. ECF No.
I at I: IOcr NO.3. Iiouck also allcgcs hc suflcrs li'om high blood prcssure \\hich should bc. but
is no1. ehcckcd daily. lOCI' No. I at 1-2: ECF 3 at 4. Iiouck e1aims that hc inl(lI'Illcd Dr.
Robustiano
Barrera or Rispcrdal' s ncgativc sidc cflccls and askcd Dr. Barrcra to stop prescribing
it to him. ECF No. I at 2:'
Iiouck asscrts that he has bcen taking Risperdal "I(lr a long timc," ECF NO.3 at 7. Ilc
e1aims that hc filed sick call rcquests to thc WCI Mcntal Ilcalth Scrvicc on August 29. 2016.
Septembcr
14.20 I 0. June 20. 2016. May 4. 20 I 0. Fcbruary 26. 20 I (). ;vlay 5. 20 I (). December
2015. and December
2. 2015. asking to bc takcn orf Risperdal. ECF NO.3 at 4. lie e1aims that on
August 30. 2016. he told "Ms. Karen" about the side e1kcts and asked to stop the Risperdal. lie
of Iiouck"s pro Sl' status. the Court liberallv construes Ilouck"s Iilin!!.s.
is a brand mlllle for the drug risperidonc. f?isperil!ol1L' ((Jrall?(llIfL')~ M.'\ Y<) Cl ,INIC.
http://w\\ w.Jl1ayocl inic .org/drugs-supplclllcnts/rispcridollc-oral-rolilchlcscript
ion'drg<:!006 7189 (last visited J LItle
02. 2017). Other brand names ITltl\' also be used for the dnn!. It!.
3 HOlick dmo's Ilot allege he was n,;rcihly administered the d;ug.
I
I.
Mindful
1 Risperdal
2
also asserts that he Iiled an Administrative
Remedy Procedure Rcqucst. It/. at 5. As relicL Iiouck
sccks damages 01"$10 million or othcr paymcnt./d
Houck twenty-cight
days to lilc an Amendcd Complaint
hc bclic\.cd \V-ercresponsible
Court grantcd
to providc thc names 01"thc indi\.iduals
It)]"thc alleged wrongdoing.
2016. Iiouck liled an Amendcd Complaint
ECF NO.2 at I. On Scptcmbcr
I~.
which namcd as Dcl"cndants "Wcx Iiml llealth
Scrviccs Inc. and by thc Makcr 01"Mcdication
by Mcntaillealth
at 3. On August 23. 2016.thc
Rispcrdal. Inc. by IIcalth Care Stal"f at WCI and
Servicc Stal"I"at WCI by Medical Dcpartmcnt of Psychology
Scrviccs at WCI."
ECF NO.3 at I.
Mindful that Iiouck is scl1~rcprcsentcd
about suffering ncgative side efl"ects li'omusing
and has madc rcpcatcd cm".ts to raisc allcgations
Rispcrdal.'
and that in anothcr casc. Houck \'.
/Vex/1m/Health Sources. /nL".. Civil Action No. GJH-15-3639
Barrcra's
(D. Md. 2(16). WcxlISCUSSION
A. Mental Health I>efendants'
Summary,Jud/(ment
In order to demonstrate
Eighth Amendment.
constitutionally
a prisoner
1(98) (quoting
culpable
medical care in violation
..( 1) that objecti\'e1y
serious. and (2) that subjectively
state or mind." See .Johnsol/ \'. Quillol/es.
and the subjecti\'e
. .'. It/. "[DJelibcrate
[but] is sat is lied by something
indifference
less than acts or omissions
or the
the deprivation
element "is satisfied
by showing deliberatc
more than mere negligence
Il)r the very purpose or causing harm
or with knowledge
that harm \\ill result." /d, (quoting
( 1(94)), Deliberate
indi rrerenee to a serious medical need requires proor that. ohjecti\'e1y.
prisoner
was suffering
available,
shock the conscience
cxeessive
the
prison starr \\'as ,marc
but lililecl either to provide it or ensure the needed care
\\'iIS
See Farlller. 511 U.S. at 837.
The trcatment
848.851
Forlller \', Brel/I/al/. 51\ U.S. 825. 835
fi'om a serious medical need and that. suhjecti\'ely.
or the need lor medical attention
or
145 F,3d 164. I()7 (4th Cir.
element "is satislied
entails something
for
the prison ofticiais acted
lVi/sol/ \'. Seiler. 501 U.S. 294. 298 (1991 )). The objective
by a serious medical condition."
indifTercnce,
inadequate
must prove tm) clements:
a basic human need was sufticiently
with a sufticiently
Motion to I>ismiss or, in the Alternative
provided
"must be so grossly incompetent.
or to be intolerable
to fill1damentalfilirness,"
(4th Cir. 1(90) (citation omitted).
A defendant
could be drawn that a substantial
7
or e"cessi\'e
as to
See ,lli/lier \'. /IeOI'll. 896 F,2d
must know orand
risk to inmate health or salety, "[Tlhe [Derendantjmust
which the inference
inadequate.
disregard
an
both be aware orlilcts
rrom
risk or serious harm exists and he must also
draw the inference:'
declarations
511 U.S. at 837. The Mentaillealth
Fal"III<'I'.
that they did not preserihe
5. Defendant
Risperdal
R. Shane Weber. f .. II/C.. 892 1:.2d
355.359
(4th Cir. 1989»).
Wex!imi argues that in an earlier libl suit.l!ollck
\'. lI"e.r(iml.
3639 (D, Md. 2(16). Houck alleged that Wexiimi and its employee
rights under the Eighth Amendment
by acting with deliberate
Civil Action No. (;.111-15-
Dr. Harn:ra violated his
indifference
to his serious medical
needs. ECF No, 29-2 at 2. Iiouck alleged. as he does here. that he was prescribed
treat his bi-polar disorder and schizophrenia.
that the medication
Risperdal to
caused him gynecomastia
and
other negati,.e side effects. and that his blood pressure was not checked daily. 1<1. On April 26.
2016. Wexlim! and Dr. Barrera filed a Motion to Dismiss or. in the Alternative
Judgment supported
aflidm'it.
filr Summary
by Dr. Barrera' s aflidavit and Houck' s veri lied medical records. In his
Dr. Harrera attested that he did not prescribe Risperdal for Iiouck. did not have
authority to alter Iiouck's
him about Risperdal's
mental health medication
regimen. that Iiouck ne'.er complained
to
sidc el'ICcts. and had he been made aware by Ilouek of these concerns. Dr.
Barrera would have relcrred Ilouek to his treating mental health providers. See Ilollck.
(;.111-15-
3639 (ECF No. 31-5 at 2).
Dr. Barrera also stated that Ilouek is regularly evaluated by prison medical providers as a
chronic care inmate. and prescribed
multiple medications
No. 31-5 at 2-4), Medical providers cheek \Iouek's
medications.
necessary.
and monitor his compliance
to manage his blood pressure. !d (ECF
blood pressure. re"iew his blood pressure
with medical orders. !d, Daily monitoring
because Ilouek is on an appropriate
drug regimen lilr hypertension.
11
These
is not
m~di~ations
includ~ At~nolol.
stat~d that Ilou~k's
Norvas~. Lisinopril.
hyp~rt~nsion
and Clonidin~
IICL. Id Furth~r. Dr. Ilarrna
is pl"Op~rly ~011l1"01I~d
\\h~n h~ ~omplks
plan of ~ar~. Id Ilou~k lil~d no anidavits
or oth~r ~xhibits to r~fut~ Dr. Ilarr~ra's
m~di~al r~~ords liled by W~xll,rd and Dr. Ilarr~ra in support ofth~ir
Nov~mb~r
7. 2016. this Court grant~d W~x!t,rd and Dr. Ilarr~ra's
.Iudgm~nt as to both claims. See Ilollck. G.lII-15-3639
dispositi\T
Motion!tlr
anidm'it
pleading.
cntcrcd. Conscqucntly.
On
Summary
on th~ m~rits in th~ prior
Ilou~k raiscd thc samc
claims hcrc as in in his prior ~asc. Ilollck \'. 1I'ex/iml. Ci\'il A~tion No. G.lII.15-3(,39.
WcxltmL
III
and (3) an id~ntity ofth~ parti~s or th~ir pri\'i~s. See
'\/eekills. 946 F.2d at 1057. Wexltml satislics all thrc~ rcquircmcnts.
samc Dcfendant.
or th~
(ECF No. 55: see also ECF No. 5(,).
To ~stablish resjll
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