Vernon L. Belton v. J. Gutierrez, et al.
Published: Feb. 24, 2023 | Result Date: Feb. 16, 2022 | Filing Date: Apr. 9, 2019 |Case number: 3:19-cv-01909-WHO Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Daniel S. Duan
(California Department of Justice)
Dr. Lam
Bryan An-Chieh Kao
(Office of the Attorney General)
Dr. Lam
Facts
On June 2, 2018, on the same day after an alleged attack by another inmate at Salinas Valley State Prison, Vernon Belton's hand was cleaned, bandaged and splinted by a prison hospital nurse. Two days later, he was seen by Dr. Phuc Lam, who diagnosed a fracture, recommended daily changes for the cut, and continued use of the splint. Dr. Lam prescribed ibuprofen and Tylenol for the pain and sent a request for Belton's hand to be seen by a specialist. About a week and a half later, Belton was seen by Dr. Thomas Zewert, an outside surgeon. Dr. Zewert cleaned the wound, applied antibiotics, and started Belton on antibiotics after he noticed that it might be infected. After Dr. Zewert discussed surgical treatment and its possible consequences for his hands, Belton agreed and signed a consent form. The operation occurred on June 21, with a follow-up that showed he was healing well on June 29. Another operation happened in July, and the follow-up for that one also showed further healing. Dr. Zewert then discussed exercises and prescribed ibuprofen for any pain. Two months later, on September 14, Belton saw Dr. Lam, requesting narcotics for pain he was experiencing. Dr. Lam concluded that the pain did not warrant that treatment and instead recommended for Belton to continue with the ibuprofen and exercises. On October 26, Belton saw Dr. Zewert, who recommended further surgery. The surgery occurred on November 29, resulting in no recovery complications, and Dr. Zewert noted Belton was healing well at the December 7 follow up appointment. A night splint was created and exercises were also discussed. The following month, Belton was seen by Dr. Dorothy Do-Williams, who noted that Belton was doing well with full joint flexion, full grip strength, intact sensation, and pain controlled. Belton's final meeting with Dr. Zewert on January 25 also disclosed positive results and progressive healing. Though further follow-up was recommended, Belton did not return for one. Belton thereafter filed a Section 1983 civil rights suit against Drs. Lam and Zewert.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to provide constitutionally adequate medical care for his hand injuries.
DEFENDANTS' CONTENTIONS: Defendants contended that undisputed evidence showed that they provided timely, appropriate, and constitutionally adequate medical care.
Result
Defendants' motion for summary judgment was granted.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390