United States District Court, D. Oregon
OPINION AND ORDER
Michael McShane, United States District Judge.
a former inmate housed by the Oregon Department of
Corrections (ODOC), filed suit pursuant to 42 U.S.C. §
1983 and alleged a claim of deliberate indifference to his
serious medical needs arising from his medical treatment
after a hip replacement surgery. Defendants now move for
summary judgment under Federal Rule of Civil Procedure 56.
For the reasons set forth below, defendants' motion is
granted and this case is dismissed.
is a former inmate who was incarcerated at Columbia River
Correctional Institution (CRCI) in Portland, Oregon, and the
Oregon State Penitentiary (OSP) in Salem, Oregon during the
time period relevant to his claims.
March 23, 2015, Dr. Robert Zirschky, a physician at
Willamette Surgery Center, performed hip replacement surgery
on plaintiff and provided aftercare instructions that
included physical therapy after surgery. DiGiulio Decl. Att.
1 at 47 (ECF No. 33); Pl.'s Response (ECF No. 40) Ex. 1.
Plaintiff was transferred to OSP after his surgery. There, he
was prescribed a pain medication, Oxycodone, with one tablet
to be taken every four hours for five days. DiGiulio Decl.
Att. 1 at 22.
March 26, 2015, plaintiff was observed walking with the
assistance of a cane and going to the recreation yard. The
next day, plaintiff was observed walking throughout the ward.
Id. Att. 1 at 44-45. Dr. Ole Hansen prescribed four
more days of Oxycodone. Id. Att. 1 at 22.
March 28, 2015, plaintiff was noted to have full range of
motion in his hip. Id. Att. 1 at 44. On March 29,
2015, plaintiff requested a reduction in his pain medication
dosage and an increase in its frequency. Id. Att. 1
March 30, 2015, Dr. Degner discontinued plaintiff's
Oxycodone prescription and replaced it with a prescription
for Tramadol, with one to two tablets taken three times a day
for three days, and then one tablet taken daily for three
more days. DiGiulio Decl. Att. 1 at 21. The next day, Nurse
Henkelman noted that plaintiff was ambulatory and encouraged
him to increase his activity. Id. Att. 1 at 43.
April 1, 2015, plaintiff had an x-ray and follow-up
appointment with Dr. Becker, an orthopedist, who noted that
plaintiff's gait was “excellent without external
support” and that plaintiff's hip replacement was
successful with “no sign of complication.”
Id. Att. 1 at 42. Dr. Becker recommended that
plaintiff be transferred back to CRCI with a low bunk for
three months, remain medically idle for two weeks, perform
only light work for three months, and perform the physical
therapy exercises that had been shown to him. Id.
April 4, 5, and 6, 2015, plaintiff requested and received
dosages of Tylenol. Id. Att. 1 at 40. On April 10,
2015, plaintiff reported that he was experiencing pain since
the expiration of his Tramadol prescription, and he was seen
walking with a limp and the assistance of a cane.
Id. Att. 1 at 37. Dr. Glenn Greeder prescribed
Tramadol for five additional days to be taken as needed.
DiGiulio Decl. Att. 1 at 20.
April 15, 2015, plaintiff again requested a new prescription
for Tramadol. Dr. Greeder denied the request and discussed
ODOC's policy regarding chronic narcotic use.
Id. Att. 1 at 20, 37 Dr. Greeder informed plaintiff
that he might experience pain from his surgery but that his
condition did not warrant narcotics. Id.
April 21, 2015, Dr. Thomas Bristol examined plaintiff and
noted he was walking with an even gait and could get up and
down from the exam table without difficulty. Id.
Att. 1 at 38. Plaintiff reported continuing low back pain and
asked for a renewal of his Tramadol prescription. Instead,
Dr. Bristol ordered x-rays and a trial prescription for
Mobic. Id. Att. 1 at 21, 38.
April 24, 2015, plaintiff received x-rays on his lumbar
spine. They showed “little degenerative change”
and a potential pars fracture. DiGiulio Decl. Att. 1 at 12.
April 26, 2015, plaintiff complained that the Mobic was not
working and he could not sleep through the night without
pain. Id. Att. 1 at 36. Plaintiff asked that he be
allowed to participate in yoga and walking classes.
Id. Dr. Bristol indicated that he had no objection