United States District Court, D. Delaware
Archy, James T. Vaughn Correctional Center, Smyrna, Delaware;
Pro Se Plaintiff.
Spring Monzo, Esquire, and Roopa Sabesan, Esquire, White
& Williams, Wilmington, Delaware, Counsel for Defendant.
ANDREWS, U.S. DISTRICT JUDGE
Aaron Archy, an inmate at the James T. Vaughn Correctional
Center, filed this action pursuant to 42 U.S.C. § 1983.
He proceeds pro se and has been granted leave to
proceed in forma pauperis. The parties have filed
cross-motions for summary judgment. (D.I. 51, 63). Briefing
became the medical service contract provider for the Delaware
Department of Correction on June 1, 2014, replacing the
former medical service contract provider Correct Care
Solutions, whose contract was set to expire on June 30,
2014. (D.I. 64 at 30-31, 45-46). It appears
there was a one-month transition period. According to
Defendant, during the transition and until the end of June
2014, Correct Care Solutions continued to provide medical
care to inmates at Delaware Department of Correction prisons.
(D.I. 63 at 2, n.1).
was injured on June 11, 2014, either during a fight with
another inmate or from punching a wall. (D.I. 4 at ¶ 9;
D.I. 53 at 5; D.I. 64 at 9). Plaintiff submitted a sick call
slip that day and requested treatment for a broken knuckle.
(D.I. 53 at 5; D.I. 64 at 9). Plaintiff was seen the next day
by a nurse practitioner, who examined Plaintiffs right
knuckles, noted moderate swelling and bruising, prescribed
Motrin for ten days, and placed a request to schedule
Plaintiff for a follow up evaluation by a provider. (D.I. 53
at 5, 7; D.I. 64 at 9). Plaintiff rated his pain level at six
out often. (D.I. 53 at 5; D.I. 64 at 9).
next morning, the pain had worsened and the hand was badly
swollen. (D.I. 4 ¶ 2). On June 25, 2014, Plaintiff
submitted another sick call slip and asked for an x-ray of
his right hand. (D.I. 53 at 6; D.I. 64 at 8). He was seen on
June 27, 2014, and medical staff observed that Plaintiffs
right hand was swollen, and he had a limited range of motion.
(Id.). Plaintiff rated his pain at four out of ten.
(Id.). Medical staff prescribed Motrin and ordered
an x-ray of the right hand. (D.I. 53 at 6-7; D.I. 64 at 5,
8). (Id.). The x-ray request is on a Correct Care
Solutions form. (D.I. 53 at 9).
22, 2014, Plaintiff submitted another sick call slip for
medical attention and an x-ray. (D.I. 53 at 11; D.I. 64 at
7). The x-ray was scheduled and took place on July 25, 2014.
(D.I. 53 at 10, 11, 13, 206; D.I. 64 at 7, 69). The x-ray
revealed a fracture of the right fourth metacarpal with
slight displacement. (D.I. 53 at 20). Written on the x-ray
report is "schedule to see provider (indecipherable
initials) 8/21/14." (Id.). Plaintiff submitted
a sick call slip on August 19, 2014, to review the x-ray
results and further medical care. (D.I. 53 at 12, 14; D.I. 64
at 6). On August 21, 2014, Plaintiff was seen by medical
staff who contacted the provider to schedule an x-ray review.
(D.I. 53 at21;D.I. 64at6).
September 6, 2014, Plaintiff submitted a medical grievance
and asked to see a physician, requested the x-ray results,
and complained that his knuckle was disfigured. (D.I. 64 at
64). The grievance investigation found that Dr. Louise
DesRosiers had reviewed the x-ray results on August 21, 2014
and ordered that Plaintiff be seen by an outside medical
provider. (D.I. 4 at 9). Nurse Practitioner Bernard Addogoh
was made aware of this on September 26, 2014, and ordered a
repeat x-ray of the right hand. (D.I. 4 at 9; D.I. 53 at 19,
21). Medical notes indicate that because the July 25, 2014
x-ray was two months old, a repeat x-ray would be scheduled.
(D.I. 53 at 23, D.I. 64 at 16). At the same time, Plaintiff
was scheduled to see a provider on September 30, 2014. (D.I.
53 at 21). The charge nurse noted that Plaintiff "still
has not been seen." (D.I. 53 at 23; D.I. 64 at 16).
repeat x-ray was taken on September 29, 2014. (D.I. 53 at 23,
D.I. 64 at 16). It showed an angulated fracture of the fourth
metacarpal with moderate to complete healing. (D.I. 53 at 17,
D.I. 64 at 16). Dr. DesRosiers was unable to see Plaintiff on
September 29, 2014, and rescheduled him. (D.I. 53 at 23; D.I.
64 at 16). Plaintiff was seen by Dr. DesRosiers on October 7,
2014. (Id.). At that time, Plaintiff indicated that
he no longer had pain and could use the hand almost normally.
(Id.). He was able to do push ups but stopped upon a
nurse's advice. (Id.). Examination revealed
normal range of movement, normal fist, normal extension but
instability at metacarpal/phalangeal joint. (Id.)
Dr. DesRosiers made an assessment of healed angulated
fracture of the right fourth metacarpal and
metacarpal/phalangeal joint instability. (Id.). She
scheduled Plaintiff for a follow up consult with board
certified orthopedic surgeon Dr. Richard DuShuttle. (D.I. 53
at 23; D.I. 64 at 4, 16, 70).
was seen by Dr. DuShuttle on October 16, 2014. (Id.
D.I. 53 at 26; D.I. 64 3, 15). Plaintiff presented with
complaints of pain, instability, stiffness and decreased
range of motion. (Id.). Plaintiff complained of
symptoms that occur constantly, are severe and unchanged, and
described the pain as sharp and dull, but not radiating.
DuShuttle's review of the x-ray found that the fracture
had healed. (Id. at 3). His examination of the right
hand found a full range of motion, good grip strength,
sensation of finger intact, positive active dip
(i.e., distal interphalangeal joint) motion fourth
finger, positive active pip (i.e., proximal
interphalangeal) motion fourth finger, and positive full
ringer range of motion. (Id.). In addition,
examination of the right hand indicated it was negative for:
trigger finger, locking finger, dorsal redness, palmar
redness, locking fourth finger, extension lag pip joint
further finger, pain fourth finger, finger sensation deficit,
deformity fourth finger, and swelling of the fourth finger.
(Id.). Dr. DuShuttle determined that no medication
or further care was needed. (Id.).
Chief Medical Officer Dr. Christopher Moen reviewed
Plaintiff's medical records. (Id. at 69). Based
upon his review, he determined that Plaintiff sustained no
permanent injuries to his hand. (Id. at 70). He
stated that that "it is consistent with the standard of
care for Dr. DesRosiers to refer Plaintiff to an orthopaedic
specialist, such ...