Facts

Samuel Anderson sued Receiver J. Clark Kelso, T. Kimura-yip, the Associate Director of the California Prison Health Care, and various other individuals, including nurses, physicians, and surgeons, in connection with the medical care he received while an inmate at High Desert State Prison.

Several of the defendants were eventually dismissed from the case, leaving only Chief Physician and surgeon Bonnie Lee, Chief Medical Officer Dorothy Swingle, and medical technical assistant Stovall, as defendants.

PLAINTIFF'S CONTENTIONS:
Plaintiff was an inmate in his 60's who suffered neuropathic pain due to diabetes and chronic lower back pain due to severe scoliosis. His pain was initially managed with morphine and a combination of morphine and Tylenol with codeine. On March 17, 2011, a physician discontinued morphine in favor of low dosage Tramadol. The low dosage Tramadol was ineffective in managing the pain. Plaintiff requested for an increase in the dosage of Tramadol. His request was denied. Instead, the Tramadol was replaced with Tylenol. Meanwhile, his psychotropic medication, Remeron, ran out on Dec. 25, 2011. Plaintiff claimed his caseworker Stovall was aware of the expiration, but failed to make a bridge order for the medication until he was able to see his physician. Plaintiff filed the lawsuit and sought reintroduction of the Tramadol. Prior to hearing of the preliminary injunction, Tramadol was reintroduced. In August 2012, Anderson was transferred to a different facility where his pain was managed with Methadone. Plaintiff alleged that the defendants ignored his pain or simply minimized it and were deliberately indifferent to his pain and that they were deliberately indifferent his need for psychotropic medication by failing to request for a bridge order.

DEFENDANTS' CONTENTIONS:
Defendants denied they were deliberately indifferent to plaintiff's medical needs.

Settlement Discussions

Anderson demanded $50,000, which defendants countered with a $5,000 offer of settlement.

Injuries

Anderson experienced emotional distress, and pain and suffering.

Result

The jury found in favor Stovall, but against Swingle and Lee. It determined Anderson was damaged in the amount of $120,000 with each defendant owing $60,000 to Anderson.

Other Information

FILING DATE: Jan. 31, 2012.