United States District Court, W.D. Pennsylvania
OPINION RE: ECF NO. 19
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 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 the Allegheny County Jail
("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 the Corizon
pending before the Court is the County Defendants' Rule
12(b)(6) Motion to Dismiss Counts I and II. ECF No. 19. For
the following reasons, the Motion to Dismiss will be granted.
FACTUAL AND PROCEDURAL BACKGROUND
operative Amended Complaint, Plaintiffs make the following
detailed factual allegations. Mr. Petrosky, age 43, arrived
at ACJ on March 6, 2014. ECF No. 14 ¶ 1. Upon arrival,
he complained of chest pain at the infirmary. Id.
The ACJ infirmary was operated and staffed by Corizon Health
and Corizon Inc. Id. ¶ 10. 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. ¶ 11. Repeated evaluations over the
next two months showed Mr. Petrosky to be febrile,
tachycardic and hypertensive. Id.
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. ¶ 12. 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. ¶ 13. 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. ¶ 14. However,
Mr. Petrosky did not receive 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. ¶ 15. 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. ¶ 16. 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. ¶ 17.
January of 2015, due to damage to his spleen caused by the
delay in treatment, Mr. Petrosky had his spleen removed.
Id. ¶ 18.
2015, Mr. Petrosky's endocarditis recurred. Id.
¶ 19. 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