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Civil Rights
Prisoners' Rights
Medical Negligence

Theodore W. Wilson v. State of California, Department of Corrections

Published: Jan. 30, 2010 | Result Date: Oct. 28, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 02CV02169(MCE) Verdict –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Carter C. White
(King Hall Civil Rights Clinic)


Defendant

Steven M. Gevercer

Bill Lockyer

Edmund G. Brown Jr.

Oliver R. Lewis

Darryl L. Doke

James M. Schiavenza


Facts

While incarcerated at California State Prison, Solano, plaintiff Theodore Wilson was exposed to potassium hydrochloride, which is a laundry chemical called "break." The "break" made contact with Wilson's eye while Wilson watched another prisoner fix electronic equipment. As a result, Wilson washed his eye for about 15 minutes as recommended by the Material Safety Data Sheet (MSDS). Next, he visited the infirmary and received treatment from Dr. Segundino Obedoza, who found that Wilson had sustained an eye infection and prescribed Gentamicin and a Ducat. When Wilson's eye continued to burn, he received an eye exam from Dr. McElroy, who referred Wilson to an ophthalmologist. The ophthalmologist terminated Wilson's gentamicin prescription and prescribed a different medication. Later, Wilson sued the State of California, Dept. of Corrections, and Obedoza for negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
Wilson alleged that Obedoza was purposefully unresponsive to Wilson's eye injury.

Injuries

Wilson suffered a chemical burn to his cornea.

Result

The jury found in favor of the defense.

Other Information

FILING DATE: Oct. 3, 2002.


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