United States District Court, E.D. Kentucky, Central Division, Lexington
ANTWONE D. WHITE, Plaintiff,
NURSE FIRTH, Defendant.
MEMORANDUM OPINION AND ORDER
DANNY C. REEVES, District Judge.
Antwone D. White is an inmate confined by the Bureau of Prisons ("BOP") in the Federal Medical Center ("FMC")-Lexington in Lexington, Kentucky. Proceeding without an attorney, White has filed a Complaint asserting negligence claims under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-80. [Record No. 1] The Court has conducted a preliminary review of White's Complaint because he asserts claims against a government official and because he has been granted pauper status. 28 U.S.C. §§ 1915(e)(2)(B), 1915A. White's Complaint will be dismissed because it fails to state a claim upon which relief can be granted.
White alleges that on April 10, 2014, while in the insulin line at FMC-Lexington, he was self-administering an insulin injection at the same time the defendant, whom he identifies as "Nurse Firth, " was injecting Prisoner Becker's Hepatitis B shot. White alleges that after Nurse Firth administered Becker's shot, she failed to place the safety cap on the needle. When Nurse Firth tossed or discarded Becker's needle, White claims that it somehow pricked his left middle finger. White asserts that the discarded needle penetrated his skin, exposed him Hepatitis B and/or HIV, and caused him to suffer severe emotional distress and anxiety.
During the Health Services Clinical Encounter from April 10, 2014, White conveyed the following description of the alleged event: "Placing insulin needle in sharps when nurse was placing needle in sharps at same time and stick to left middle finger." [Record No. 1-1, p. 9] Malissa Contreras, RN/DC, listed White's objective symptoms, which included the following observations about White's finger:
Yes: Clean, Dry and Intact.
States needle stick to left middle finger. No blood noted from site, no abrasion, no open area noted. No visible wound
[ Id., p. 10 (emphasis added)] In the next section of the report, "Assessment, " Contreras made the following entries:
Skin Integrity, Alteration In Exposure incident: 4/10/14. Reported immediately as incident occurred in Central Clinic
Not work related. Needle stick from used needle by another inmate during insulin line. States "inmate Beckers needle"
Immediate care to site-cleaned with soap and running water for 2 minutes. No bandage applied. No open area noted in skin/no blood noted
Type of exposure Percutaneous skin penetrated with used insulin needle (Magellan, 1m>, 29gx ½")
[ Id. (emphasis added)]
White filed an administrative claim in compliance with the BOP's procedures, alleging that Nurse Firth was negligent in handling the discarded needle and that the BOP had failed to properly train and supervise Nurse Firth about handling used needles. [Record No. 1-1, pp. 2-4] White demanded $1 million in damages from the government. [ Id. ] In May 2014, the BOP acknowledged White's claim, No. TRT-MXR-2014-04084, but denied it on June 23, 2014, finding that "[t]here is no indication that any negligent ...