Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Valdes v. Evans

United States District Court, W.D. Kentucky, Paducah Division

December 4, 2019

FELIX VALDES PLAINTIFF
v.
DR. LEE A. EVANS, et al. DEFENDANTS

          MEMORANDUM OPINION & ORDER

          THOMAS B. RUSSELL, SENIOR JUDGE.

         This matter is before the Court upon a motion by Defendants, Dr. Lee A. Evans and Dr. Gerame Wells, for summary judgment. (DN 13). Defendant Lindsey Harper is not a party to this motion. Plaintiff, Felix Valdes, has responded (DN 18) and the Defendants have filed a reply (DN 19). Fully briefed, this matter is ripe for review and for the following reasons, the Defendants' motion for summary judgment (DN 13) is GRANTED.

         Background

         Plaintiff is an inmate currently incarcerated at Lee Adjustment Center. The events giving rise to this action occurred while Plaintiff was incarcerated at Christian County Jail (CCJ). Plaintiff states that on November 27, 2017, he was admitted to the Jennie Stuart Medical Center “due to a hernia surgery appointment by Dr. Lee A. Evans and Dr. Wells.” Plaintiff states, “I was cut open 6 inches down in-between the left side of my pelvis for this hernia surgery and also had my right tendon of my inner thigh cut while having my right testicle removed improperly be Dr. Wells. I found these things out after surgery.” According to the complaint, Plaintiff returned to CCJ later that afternoon and was put in a detox cell where he had to sleep on the floor on a two-inch mat until the next day. Plaintiff claims, “Sgt Moore witnessed my dilemma after my cries of pain and a guard in booking called for help.

         He gave me two thicker mats, extra blankets and sheet after helping me to the restroom.” Plaintiff states that he was then ordered to be moved to another cell. He asserts, “I was lied to that I was going to a medical cell but ended up in segregation in cell 921C where I stayed a week.” Plaintiff alleges that, after the surgery, he “underwent pains in [his] lower body (groin, pelvis, thighs) but wasn't giving any prescribed medicine, instead two days of ibuprofen off an on.” He asserts that after that week he was moved again, and further states:

Since that detrimental surgery at Jennie Stuarts I've endured a year and two months of critical pains in my lower body which prohibits me from sleeping regularly, walking upright entirely and being as active as I once was. Now I'm facing life long injuries and damages from the negligence of Dr. Evans and Dr. Well, and at [CCJ], nurse Lindsey who constantly refused me of my proper medication. So I suffered throughout the year. I've seen her multiple times but still no relief to my please.

         Plaintiff reports that on December 17, 2018, Defendant Harper gave him a two-page “legal document” to sign labeled “Patient Privacy Notification Form.” He states that he was informed that it was a document concerning his doctor's appointment and that he needed to sign it. Plaintiff states that he does not read English and that the form should have been provided to him in Spanish. The form allegedly stated that a signature was not required. Plaintiff alleges “I've been lied to and because of surgeon error, I may need another painful surgery, and I fear another removal of my other testicle. I'm distressed its happening and seek legal justice.”

         Plaintiff states that he was told that Defendant Wells would reschedule an appointment but he has not received a date. He states “I've been misled and taken advantage of in this situation because of my lack of English comprehension but I am an American citizen.” He states further that “I haven't been recommended anything from the nurses when file and visit sick call, only gotten refusals and lies that there's only one doctor in town and that Dr. Lee A. Evans wish to never see me again, not even for check-ups.” Defendant Dr. Evans testifies in his affidavit that he, in fact, did have a follow-up appointment with the Plaintiff. Dr. Evans attests that “[o]n December 19, 2018, Felix Valdes presented to the Urology Department for new reports of left, nonpainful scrotal swelling and pain along the right upper scrotum. I diagnosed Felix Valdes with a new small, left spermatocele currently asymptomatic and recommended further observation.” (DN 13-2).

         Plaintiff reports that he also needs to see a doctor “for the pigmentation change of my skin due to the bruising and contusions cause by these doctors malpractice and inhumanity.” Plaintiff alleges that “Overall, I have consisting pains from pelvis to downward inner thighs and bruises that reach my ankle. I have non-stop itching that accompanies the pains, bringing me mental and emotional distress. There's no relief an nothing's being properly assessed to this day.”

         This Court conducted an initial review of Plaintiff's Complaint pursuant to 28 U.S.C. § 1915A. (DN 6). Upon review, the Court explained:

Based on the allegations, the Court will construe the complaint as alleging an Eighth Amendment claim of deliberate indifference to Plaintiff's serious needs against Defendant Harper in her individual capacity and state-law medical malpractice claims against Defendants Harper, Evans, and Wells. Upon consideration, the Court will allow these claims to proceed for further development.

(DN 6 at 7-8). Dr. Evans and Dr. Wells now move the Court for summary judgment regarding the medical malpractice claims against them. The Defendants argue, inter alia, that Plaintiff's medical malpractice claims against them are barred by the statute of limitations. The Court agrees. Because the Plaintiff's medical malpractice claims against Dr. Evans and Dr. Wells are barred by the one- year statute of limitations under Kentucky law, Defendants' motion for summary judgment (DN 13) is GRANTED. And because the medical malpractice claims are the only claims against Dr. Evans and Dr. Wells, they are hereby terminated from this action.

         Legal Standard

         Summary judgment is appropriate where “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). In determining whether summary judgment is appropriate, a court must resolve all ambiguities and draw all reasonable inferences against the moving party. See Ma ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.