Gregory Wilson v. Wexford Health Sources, Inc.
932 F.3d 513
| 7th Cir. | 2019Background
- Gregory Wilson, an inmate at Stateville, had a recurring reducible inguinal hernia first noted in 2011 and complained of significant pain through 2013–2014; he received successful surgical repair in September 2014.
- Wilson sued under 42 U.S.C. § 1983 alleging Eighth Amendment deliberate indifference against Wexford Health Sources (contract medical provider), Dr. Imhotep Carter, Dr. Saleh Obaisi, and PA LaTanya Williams for delayed referral to surgery.
- Dr. Carter resigned in May 2012; Wilson refiled his federal suit in August 2016 after an earlier dismissal without prejudice for failure to exhaust administrative remedies.
- At trial the district court granted defendants’ motions in limine (excluding certain reports and barring respondeat superior theory for Wexford) and, after Wilson rested, granted judgment as a matter of law for Williams, Wexford, and Dr. Obaisi; the court had earlier dismissed Carter on statute-of-limitations grounds.
- On appeal the Seventh Circuit affirmed dismissal as to Dr. Carter (time-barred) and affirmed JMOL for PA Williams and for Wexford, but reversed JMOL for Dr. Obaisi and remanded for further proceedings concerning him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of claim against Dr. Carter | Wilson argued continuing violation/tolling and attempted to rely on Illinois savings statute to salvage claims | Carter argued claim accrued by his May 2012 resignation and suit refiled in 2016 was untimely | Court: Claim against Carter time-barred; savings statute and other tolling rules did not save it (affirmed) |
| Liability of PA Williams (JMOL) | Williams failed to refer for surgery despite pain; her actions reflected Wexford policy | Williams asserted she evaluated Wilson and reasonably pursued conservative "wait-and-see" treatment consistent with medical judgment | Court: JMOL for Williams affirmed — plaintiff produced no expert to rebut reasonable medical judgment |
| Liability of Dr. Obaisi (JMOL) | Obaisi was told of pain in Jan 2013, refused to consider the hernia, and failed to follow up until March 2014 referral — supports deliberate indifference | Defendants relied on medical records, disputed recollections, and that Obaisi exercised clinical judgment | Court: Reversed JMOL as to Obaisi — facts construed for plaintiff could support deliberate indifference to a serious medical need; remand required |
| Corporate liability of Wexford | Wexford's written hernia policy motivated denial of surgery; respondeat superior liability applicable | Wexford argued policy advises conservative care but allows case-by-case judgment; private corp. not vicariously liable under § 1983 (Iskander) | Court: JMOL for Wexford affirmed — policy not a flat bar to surgery and respondeat superior barred under Iskander/Monell approach |
| Exclusion of external reports (Lippert, John Howard) | Wilson sought to admit reports to show systemic substandard care at Stateville | Defendants: reports inadmissible hearsay, not authenticated, not public records | Court: Exclusion not an abuse of discretion — reports are hearsay and minimally probative of Wilson's individualized claim (affirmed) |
Key Cases Cited
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference standard for prison medical care)
- Farmer v. Brennan, 511 U.S. 825 (1994) (knowledge and inference requirement for deliberate indifference)
- Whiting v. Wexford Health Sources, Inc., 839 F.3d 658 (7th Cir. 2016) (plaintiff must produce evidence overcoming deference to medical judgment)
- Heard v. Sheahan, 253 F.3d 316 (7th Cir. 2001) (continuing violation accrual rule for ongoing denial of care)
- Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007) (dismissal without prejudice does not toll limitations from original filing date)
- Gonzalez v. Feinerman, 663 F.3d 311 (7th Cir. 2011) (hernia can be objectively serious medical need; chronic pain may be separately serious)
- Iskander v. Village of Forrest Park, 690 F.2d 126 (7th Cir. 1982) (private corporations not vicariously liable under § 1983)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability requires policy or custom as moving force)