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Thomas Warren v. Dr. Luis Jose Boggio

July 31, 2012

THOMAS WARREN,
PLAINTIFF
v.
DR. LUIS JOSE BOGGIO, ET AL., DEFENDANTS



The opinion of the court was delivered by: Joyner, C.J.

MEMORANDUM AND ORDER

This Section 1983 and medical malpractice action is presently before the Court for disposition of the Motion of Defendants, Dr. Luis Jose Boggio, et al., to Dismiss Plaintiff's Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (Doc. No. 30). For the reasons that follow, the Defendants' motion is granted.

Factual Background

According to the facts alleged in the complaint, on September 26, 2009, Plaintiff, a prisoner of the Commonwealth of Pennsylvania injured his left thumb while playing basketball at the Curran-Fromhold Correctional Facility (hereinafter "CFCF") in Philadelphia. Plaintiff's hand was x-rayed at the prison facility that day and Defendant Dr. Luis Jose Boggio, reviewed the x-rays and determined that Plaintiff did not have a broken hand.

On September 29, 2009, Plaintiff was involved in a physical altercation with another inmate which may have aggravated his injury. Plaintiff's hand was again x-rayed and a Dr. Clemons reviewed those x-rays as well as the x-rays taken on September 26, 2009, and determined that Plaintiff had actually sustained a fracture to his thumb on September 26, 2009. The x-rays were again examined on September 30, 2009, by Defendant Dr. James Arnone who agreed that Plaintiff's hand was broken. Dr. Arnone then scheduled an appointment for Plaintiff to meet with an orthopedic surgeon.

Plaintiff met with Defendant Dr. Richard J. Mandel at the Philadelphia Prison Systems Detention Center on October 2, 2009. Dr. Mandel examined the x-rays, agreed that the hand was broken, and informed Plaintiff that he would need surgery to repair the fracture which would include inserting two metal pins into Plaintiff's hand.

On October 9, 2009, Dr. Mandel performed surgery on Plaintiff's thumb. Two metal pins were inserted into plaintiff's hand and following surgery, Plaintiff's hand was splinted and bandaged. Plaintiff was told he would have a follow-up appointment with Dr. Mandel within ten to fourteen days.

On October 17, 2009, Plaintiff experienced sharp pain in his hand and was taken to the medical unit at CFCF, where he was told by the doctor on duty that one of the metal pins was pushing against his skin. The doctor ordered an x-ray of the hand, prescribed Tylenol for Plaintiff's pain, and informed Plaintiff that he would schedule an appointment for him with an orthopedic surgeon. An x-ray was subsequently taken on October 19, 2009. The x-ray was allegedly examined by Dr. Arnone without comment.

On October 24, 2009, Plaintiff was again examined at the medical unit of CFCF, this time by a Dr. Burke who put in an order for Plaintiff to meet with Dr. Mandel. Dr. Burke also prescribed more Tylenol for Plaintiff's pain.

On November 2, 2009, Plaintiff allegedly found that the metal pin had broken though his skin and Plaintiff observed blood and pus on his bandage. Plaintiff was taken to the medical unit where he was examined by Dr. Boggio. Plaintiff requested that he be sent to the hospital. Dr. Boggio refused to send Plaintiff to the hospital and re-bandaged Plaintiff's hand with the metal pin still protruding from the hand.

On November 3, 2009, Defendant Deputy Warden Gerald May was allegedly informed of Plaintiff's medical history and observed the metal pin protruding from Plaintiff's hand. He saw the blood on Plaintiff's bandage and allegedly told Plaintiff to "man up." Compl. ¶ 32. At some point that day, Plaintiff was again taken to the medical unit at CFCF where he saw Dr. Clemons. Dr. Clemons put in another order for Plaintiff to meet with Dr. Mandel.

On November 5, 2009, Plaintiff was being transported to see Dr. Mandel when he was informed that the appointment had been cancelled by Dr. Mandel because the transport was late. Dr. Mandel was informed of Plaintiff's condition and was told by Dr. Burke that Plaintiff was in excruciating pain. Dr. Mandel told Dr. Burke to send Plaintiff to an emergency room. However, Kim Daniels, R.N. refused to send Plaintiff to an emergency room. Dr. Arnone also refused to send Plaintiff to an emergency room and instead offered to give him Vicodin for the pain.

Allegedly, on November 6, 2011, Defendant Warden John Delaney saw the pin sticking out of Plaintiff's hand and told Plaintiff to "stop crying you big wuss" but failed to make any arrangements for medical treatment until November 11, 2009.

On November 11, Plaintiff again saw Dr. Mandel who removed the pin from Plaintiff's hand and did not re-splint Plaintiff's hand. Plaintiff again saw Dr. Mandel on November 19, 2011, at which time Dr. Mandel may have removed a K-wire ...


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