Martin R. Reeves, Reeves,
Kahn, Hennessy & Elkins, Portland, OR, Attorney for Plaintiff.
Michael A. Lehner, Lehner &
Rodrigues, PC, Portland, OR, Attorney for NORCOR.
OPINION AND ORDER ON NORCOR'S MOTION FOR SUMMARY JUDGMENT
GARR M. KING, District Judge.
Plaintiff Randall Turner, a federal inmate housed at Inverness Correctional Facility in Multnomah County and at Northern Oregon Correctional Facility ("NORCOR") during the events alleged in his complaint, brings a complaint against Multnomah County, NORCOR, Dr. Ole Lloyd Anderson Ersson, and Nurse Practitioner Monica Wahls. Pending before me is NORCOR's Motion for Summary Judgment . For the following reasons, I grant the motion.
Turner alleges that, while being held at Inverness in the summer of 2010, he began to suffer numbness and pain in his neck, hands, and arms. He was transferred to NORCOR in July 2010 "where he continued to voice his concerns regarding his deteriorating medical condition." Second Am. Compl. ¶ 3. Following his complaints, he was given pain medication. His foot began to drag in September 2010, but Wahls at NORCOR diagnosed him as a malingerer "and no testing or further inquiry into his symptoms was done." Id. at ¶ 5.
He was transferred back to Inverness on September 23, 2010, where Dr. Ersson also characterized him as a malingerer and ordered observation. In November 2010, four months after his first request, Turner received an MRI at OHSU and was referred to a neurosurgeon. On January 8, 2011, Turner developed acute respiratory failure and was taken to Portland Adventist, where he was diagnosed with pulmonary embolisms; he was in a coma for twelve days and did not return to Inverness until January 26, 2011. Turner alleges staff then interfered with his oxygen. He finally received spinal fusion and a laminectomy in August of 2011. He alleges permanent spinal cord damage, respiratory failure, kidney damage, brain damage, and vascular damage as a result of the delay and poor medical care.
I permitted Turner to amend his complaint. His Second Amended Complaint, filed on May 15, 2013, no longer alleges a § 1983 claim against NORCOR. Instead, Turner alleges negligence against Multnomah County, NORCOR, Dr. Ersson, and Wahls. He also alleges claims of medical malpractice and § 1983 deliberate indifference to medical needs against Dr. Ersson and Wahls.
As relates to NORCOR's motion, Turner specifically alleges:
Defendants [including NORCOR] were negligent in one or more of the following particulars:
a. In failing to diagnose and treat the neurological progressive and severe diseases he was suffering from, spinal stenosis;
b. In failing to obtain a qualified medical evaluation of Turner;
c. In failing to refer him for a neurological/neurosurgical consultation; and
d. In failing to provide him with medical care and treatment associated with the minimal standards of a competent medical ...