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Ickes v. Twin Lakes Regional Med. Center

United States District Court, W.D. Kentucky, Bowling Green

October 5, 2017

CHARLES HENRY ICKES III PLAINTIFF
v.
TWIN LAKES REGIONAL MED. CENTER ET AL. DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          Greg N. Stivers, United States District Court Judge

         Plaintiff Charles Henry Ickes, a pretrial detainee currently incarcerated in the Grayson County Detention Center (GCDC), filed a pro se complaint (DN 1) and amended complaint (DN 5) pursuant to 42 U.S.C. § 1983 (DN 1). This matter is before the Court on initial screening of the complaint and amended complaint pursuant to 28 U.S.C. § 1915A. For the reasons that follow, the Court will allow claims to proceed against Defendants Washington, Twin Lakes, and Dr. Thomas and will dismiss all other claims.

         I. SUMMARY OF CLAIMS

         In the complaint, Plaintiff brought suit against Twin Lakes Regional Med. Center (Twin Lakes) and its “Doctor”; GCDC Jailer Jason Woosley; the GCDC “Medical department . . . (Doctor Nurses)”; and “Dr. Washington, Rita, Gary, and Mike.” He sues the Twin Lakes “Doctor” and Jailer Woosley in their individual and official capacities but does not specify the capacity in which he sues the other Defendants.

         As his statement of the case, Plaintiff alleges as follows:

On 2/18/2016 at Roughly 7:00 am I was in A Medical At Grayson County Jail and Awoke To Vomiting and defacating blood To Large qaunity's. I was sent To Twin Lakes Regional Medical Center. Multiple Test Were done At The beggining of My Stay At the hospital. More Tests were done At the End of my Stay that indicated blood Loss, Yet I was still Released back to the Jail with instruction To bring me back Immediately upon Any More bleeding or other Complications occurring. I was brought back to the Jail and placed in the same cell, Within A one and half (1 ½) Time Frame, Vomiting and defacating blood begin occurreing again. I was not Taken To The hospital but moved To Another cell where I Could be monitored more easily.
A Few hours passed, while Several More incidents occurred as I continued To ask For Nurse Mike, who was At The Femail Jail And Not available once I Spoke To The Nurse I was Told I would Remain in An Observation cell. (45-60?) Minutes A Fourth And Final incident occurred with great blood Loss where I was Rushed back To The hospital where Sugery was to be started and ultimately Transported To Louiville For the Remainder Of The Surgery Completed (Norton's hospital)[.]

         As relief, Plaintiff seeks monetary and punitive damages.

         By Order entered June 30, 2017 (DN 4), because Plaintiff did not indicate in which capacity he sued some Defendants and did not indicate wrongdoing by some Defendants, the Court provided Plaintiff with an opportunity to file an amended complaint.

         In the amended complaint, Plaintiff brings suit against Twin Lakes; Twin Lakes physician Dr. Paul D. Thomas, M.D.; GCDC Jailer Woosley; and GCDC “Medical Department Roy Washington, NP, ” a nurse practitioner. Plaintiff sues all Defendants named in the amended complaint in their individual and official capacities.

         Similar to the facts alleged in the complaint, Plaintiff alleges in the amended complaint that on February 18, 2016, he was taken to Twin Lakes around 8:00 a.m., “after waking up and throwing up a large amount of blood, and also having a large amount of blood come out as stoole from my rectum.” He reports that blood work was taken in the morning at the hospital and that, a few hours later, around 12:45 p.m., results from additional testing came back showing a decrease in hematocrit and hemoglobin levels. Plaintiff asserts, “The Doctor Paul D. Thomas MD sent me back to the jail stating that [] If I have any more blood coming out of my body to come back right away, so he can find out where I'm bleeding from.” Plaintiff claims, “[Dr. Thomas] knew I had internal bleeding and delayed finding out how bad and where it was coming from.”

         Plaintiff alleges that upon returning to GCDC, he had around four episodes of bleeding from his mouth and rectum and that he notified “Deputies and Nursing Staff” each time about his bleeding before they finally took him back to the hospital. Plaintiff states that by that time, he had become weak and dazed and does not remember being taken to the hospital. He additionally states, “I woke up 3 and a half days later in Nortons Hospital in Louiville Kentucky. When waking up I had half of my stomach taken out and I had a 12 inch stapled up cut in the middle of my stomach.”

         In conclusion, Plaintiff alleges:

With this all said Twin Lakes Regional Medical Center and staff delayed finding out how bad my internal bleeding was during the first visit to the Hospital. They delayed treatment. Grayson County Detention Center and staff along with the Medical Department of the Jail also delayed treatment. They watched me bleed out for almost 12 hours before I past out ...

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