United States District Court, W.D. Pennsylvania
OPINION RE: ECF NO. 4
MAUREEN P. KELLY CHIEF UNITED STATES MAGISTRATE JUDGE
and Stephanie Petrosky (collectively, "Plaintiffs")
bring this action pursuant to 42 U.S.C. § 1983 against
Allegheny County, the Allegheny County Jail ("ACJ")
and Orlando Harper ("Warden Harper") (collectively,
"the County Defendants") as the result of serious
injuries allegedly caused by their deliberate indifference to
Mr. Petrosky's serious medical condition, endocarditis.
Plaintiffs contend that the County Defendants violated
constitutional provisions by not providing adequate medical
care to Mr. Petrosky when he was a pretrial detainee at ACJ
from March 6, 2014, to September 14, 2014. Plaintiffs also
bring state law negligence claims against Corizon Health,
Inc., Corizon Inc., Sarah A. Patterson, as administratrix of
the Estate of Dr. Michael D. Patterson ("Dr.
Patterson"), Danielle Litzinger, CRNP ("CRNP
Litzinger"), and David Druskin, PA-C ("PA-C
Druskin") (collectively, "the Corizon
Defendants")- Specifically, Plaintiffs allege that the
Corizon Defendants provided negligent medical care to Mr.
Petrosky while he was incarcerated in ACJ. Mrs. Petrosky also
brings a loss of consortium claim against all Defendants.
pending before the Court is the County Defendants' Rule
12(b)(6) Motion to Dismiss Counts I, V and XII. ECF No. 4.
For the following reasons, the Motion to Dismiss will be
FACTUAL AND PROCEDURAL BACKGROUND
Complaint, Plaintiffs make the following detailed factual
allegations. Mr. Petrosky, age 43, arrived at ACJ on March 6,
2014. ECF No. 1-2 ¶ 11. Upon arrival, he complained of
chest pain at the infirmary. Id. The Corizon
Defendants operated the ACJ's infirmary. Id.
¶¶ 11, 15. On March 7, 2014, the
intake-and-receiving screening of Mr. Petrosky showed that
his body temperature was 100.1 degrees Fahrenheit, his pulse
was 111 beats per minute, and his blood pressure was 152/86.
Id. ¶ 12. Repeated evaluations over the next
two months showed Mr. Petrosky to be febrile, tachycardic and
15, 2014, a medical evaluation noted that Mr. Petrosky's
body temperature was 102.2 degrees Fahrenheit and his pulse
at 114 beats per minute. Id. ¶ 13. Despite
these continued findings and a worsening physical condition,
a complete physical assessment, evaluation, and work-up was
not performed. Id.
a June 27, 2014, medical examination, it was noted that Mr.
Petrosky had lost twenty-nine pounds since his incarceration.
Id. ¶ 14. On that date, his body temperature
was 103.5 degrees Fahrenheit, his pulse was 140 beats per
minute, and his blood pressure was 170/40. Id.
Again, despite a worsening physical condition, a complete
physical assessment, evaluation, and work-up was not
June 27, 2014, to September 14, 2014, Corizon employees CRNP
Litzinger and PA-C Druskin repeatedly evaluated Mr. Petrosky
and entered numerous orders. Id. ¶ 15. However,
they never ordered a complete physical assessment,
evaluation, and work-up. Id.
point between the date of his incarceration at AC J on March
6, 2014, and September 14, 2014, Mr. Petrosky lost the
ability to walk. Id. ¶ 16. He also developed
profuse night sweats. Id. He submitted numerous
requests to the ACJ infirmary for medical assistance and
evaluation that were ignored. Id.
September 14, 2014, immediately upon transfer to the
Westmoreland County Jail, Mr. Petrosky's serious medical
condition was recognized. Id. ¶ 17. He was
promptly transported to Westmoreland Regional Hospital.
Id. He presented with tachycardia, shortness of
breath and complaints of substernal chest pain. Id.
He was found to be in congestive heart failure and blood
cultures were positive for streptococci, gram negative.
Id. A transesophageal echocardiogram showed multiple
vegetations of the tricuspid valve with severe aortic
insufficiency. Id. Vegetation of the mitral valve
was also seen. Id.
the seriousness of Mr. Petrosky's cardiac condition, he
was transferred from Westmoreland Regional Hospital to
Allegheny General Hospital ("AGH") where he was
diagnosed with endocarditis, a life-threatening bacterial
infection affecting his heart and its valves. Id. At
AGH, Mr. Petrosky underwent aortic and mitral valve
replacement surgery and repair of an aortic pseudoaneurysm.
Id. ¶ 18.
January of 2015, due to damage to his spleen caused by the
delay in treatment, Mr. Petrosky had his spleen removed. Id.,
2015, Mr. Petrosky's endocarditis recurred. Id., ¶
20. He required a repeat sternotomy in which aortic and
mitral valves were replaced with mechanical valves. Id.,
Further, between his surgeries, Mr. Petrosky suffered
profound respiratory failure which required extracorporeal
membrane oxygenation, tube feeding and a ...