Case: Brash v. Wexford Health Source, Inc.

2:02-cv-14331 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 6, 2002

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Case Summary

On December 6, 2002, a prisoner in Florida's Okeechobee Correctional Institution (OCI), represented by counsel from the Florida Justice Institute, sued in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 1983, alleging that his Eighth Amendment right to be free from cruel and unusual punishment was being violated by the defendants' failure to provide him appropriate medical care. The lead defendant was Florida's contract medical service provider for OCI; also named as defendants were associated state and corporate individuals overseeing the contract medical provider's conduct. The plaintiff alleged that he had been treated elsewhere in the Florida prison system for his Hepatitis-C and cirrhosis but that when he was transferred to OCI, the medically-indicated treatments were halted solely for cost-saving reasons. Needing Interferon and Ribavirin treatments for his condition, he sought injunctive relief, declaratory relief, and attorneys' fees.

At the same time he filed his complaint, the plaintiff also sought, via motion, a preliminary injunction to require the defendants arrange that a gastroenterologist consult with him and provide the requested FDA-approved treatment regimen. The defendants, in their opposition to the motion, argued that the matter arose from a difference of opinion between doctors about medical care and was not a matter of deliberate indifference to plaintiff's medical needs. The plaintiff contended in response that the medical opinions cited by the defense were unreliable and self-serving, compared to the plaintiff's medical experts' opinions.

On January 7 and 9, 2003, the defendants filed motions to dismiss the complaint. The motion for a preliminary injunction and motions to dismiss were referred to U.S. Magistrate Judge Frank J. Lynch, Jr. On March 4, 2003, Magistrate Judge Lynch issued two separate reports and recommendations. First, he recommended denying the motion to dismiss. One defendant, who was Secretary of the Department of Corrections, had argued that the claims against him should be dismissed because providing health care to inmates was outside of the scope of his duties, but Magistrate Judge Lynch rejected this argument. The defendants had also argued that the plaintiff failed to state a prima facie case that his Eighth Amendment rights had been violated, but Magistrate Judge Lynch disagreed, explaining that the allegation that the defendants did not provide the treatment recommended by most of the plaintiff's doctors was enough for a prima facie case. On April 28, 2003, District Judge James C. Paine adopted the report and recommendation and denied the motion to dismiss.

Magistrate Judge Lynch also recommended that the plaintiff's motion for a preliminary injunction be denied. However, on April 29, 2003, Judge Paine reversed the magistrate judge's recommendation and granted the motion. Judge Paine held that the plaintiff had sufficiently shown a substantial threat of irreparable injury and a substantial likelihood of prevailing on the merits of his Eighth Amendment claim. Therefore, he ordered the defendants to let the plaintiff see a gastroenterologist and to provide the treatment that the gastroenterologist recommended.

On July 24, 2003, after an emergency motion by the plaintiff, Judge Paine entered an order making the preliminary injunction permanent, requiring the Interferon and Ribavirin treatments, and directing the parties to attempt to resolve the attorneys' fee issues within ninety days.

On November 18, 2003, the plaintiff's counsel filed a notice with the court that a settlement had been reached with the defendant on the matter of attorney fee payment. Specifics were not provided. On January 12, 2004, Judge Paine directed the court clerk to close the case, but reserved jurisdiction to enforce the previously-entered injunction. As of September 2023, there were no further developments.

	Document
2:02-cv-14331	Docket (PACER)	June 10, 2004	June 10, 2004 Docket
2 2:02-cv-14331	Motion for Preliminary Injunction with Incorporated Memorandum of Law	Dec. 6, 2002	Dec. 6, 2002 Pleading / Motion / Brief
1 2:02-cv-14331	Verified Complaint	Dec. 6, 2002	Dec. 6, 2002 Complaint
2:02-cv-14331	Defendants' Wexford Health Sources, Inc and David Rowe's Memorandum in Opposition to Plaintiff's Motion for Preliminary Injunction and Motion for a Prompt Hearing	Jan. 15, 2003	Jan. 15, 2003 Pleading / Motion / Brief
38 2:02-cv-14331	Plaintiff's Reply Memorandum in Opposition to Defendants' Responses to Plaintiff's Motion for a Preliminary Injunction	Feb. 18, 2003	Feb. 18, 2003 Pleading / Motion / Brief
47 2:02-cv-14331	Report and Recommendation on Defendant Moore's Motion to Dismiss Verified Complaint and Defendants Wexford Health Sources, Inc's and David Rowe's Motion to Dismiss Plaintiff's Verified Complaint	March 4, 2003	March 4, 2003 Magistrate Report/Recommendation
63 2:02-cv-14331	Order Adopting the Report and Recommendation on Defendant Moore's Motion to Dismiss Verified Complaint and Defendants Wexford Health Sources, Inc.'s and David Rowe's Motion to Dismiss Plaintiff's Verified Complaint Brash v. Wexford Health Sources, Inc.	April 28, 2003	April 28, 2003 Order/Opinion
67 2:02-cv-14331	Order	April 29, 2003	April 29, 2003 Order/Opinion
106 2:02-cv-14331	Order	July 24, 2003	July 24, 2003 Order/Opinion
111 2:02-cv-14331	Plaintiff's Notice of Settlement of Attorneys' Fees	Nov. 18, 2003	Nov. 18, 2003 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	VERIFIED COMPLAINT filed; FILING FEE $150.00 RECEIPT #873709; Magistrate Judge Linnea R. Johnson (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 Clearinghouse
2	MOTION with memorandum in support by Allen Brash for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 Clearinghouse
3	MOTION by Allen Brash for prompt hearing on [2-1] motion for preliminary injunction (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
4	MOTION by Allen Brash for writ of habeas corpus ad testificandum (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
5	Notice of filing EXHIBITS to: [2-1] motion for preliminary injunction by Allen Brash (mh, Deputy Clerk) Modified on 12/10/2002 (Entered: 12/10/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
6	SUMMONS(ES) issued for Wexford Health (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
7	SUMMONS(ES) issued for David Rowe (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
8	SUMMONS(ES) issued for Dept. of Corrections (mh, Deputy Clerk) (Entered: 12/09/2002)	Dec. 6, 2002	Dec. 6, 2002 PACER
9	CLERK's NOTICE CORRECTING MAGISTRATE JUDGE ASSIGNMENT (gp, Deputy Clerk) (Entered: 12/11/2002)	Dec. 10, 2002	Dec. 10, 2002 PACER
10	SUMMONS(ES) issued for Wexford Health (gp, Deputy Clerk) (Entered: 12/16/2002)	Dec. 13, 2002	Dec. 13, 2002 PACER
11	ORDER OF REFERENCE Referring Motion(s) [4-1] motion for writ of habeas corpus ad testificandum referred to Magistrate Frank J. Lynch, [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch, [2-1] motion for preliminary injunction referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 12/10/02) [EOD Date: 12/16/02] (at, Deputy Clerk) (Entered: 12/16/2002)	Dec. 13, 2002	Dec. 13, 2002 PACER
12	NOTICE of Filing Dr. Stone's Declaration In Support of Plaintiff's Motion for Preliminary Injunction by Allen Brash (at, Deputy Clerk) (Entered: 12/17/2002)	Dec. 16, 2002	Dec. 16, 2002 PACER
13	Declaration of Richard I. Stone, MD by Allen Brash re: [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 12/17/2002)	Dec. 16, 2002	Dec. 16, 2002 PACER
14	NOTICE OF FILING RETURN OF SERVICE executed for Dept. of Corrections on 12/10/02 Answer due on 12/30/02 for Dept. of Corrections (at, Deputy Clerk) (Entered: 12/19/2002)	Dec. 18, 2002	Dec. 18, 2002 PACER
15	UNOPPOSED MOTION by Wexford Health, David Rowe to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum (at, Deputy Clerk) (Entered: 12/26/2002)	Dec. 23, 2002	Dec. 23, 2002 PACER
16	NOTICE OF FILING RETURN OF SERVICE executed for Wexford Health on 12/18/02 Answer due on 1/7/03 for Wexford Health (at, Deputy Clerk) Modified on 12/26/2002 (Entered: 12/26/2002)	Dec. 24, 2002	Dec. 24, 2002 PACER
17	UNOPPOSED MOTION by Michael Moore to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction with incorporated memorandum of law and Motion for a prompt hearing on plaintiff's Motion for a preliminary injunction (Former Deputy Clerk) (Entered: 12/27/2002)	Dec. 27, 2002	Dec. 27, 2002 PACER
18	ORDER granting [17-1] motion to extend time to serve response to plaintiff's complaint, Motion for preliminary injunction and Motion for a prompt hearing on plaintiff's Motion for a injunction to and including 1/6/2003( Signed by Magistrate Frank J. Lynch on 12/20/02) [EOD Date: 12/30/02] (Former Deputy Clerk) (Entered: 12/30/2002)	Dec. 30, 2002	Dec. 30, 2002 PACER
20	MOTION with memorandum in support by Dept. of Corrections to dismiss verified complaint (cg, Deputy Clerk) (Entered: 01/09/2003)	Jan. 7, 2003	Jan. 7, 2003 PACER
21	RESPONSE/MOTION by Dept. of Corrections in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)	Jan. 7, 2003	Jan. 7, 2003 PACER
22	RESPONSE by Dept. of Corrections in opposition to [2-1] motion for preliminary injunction (cg, Deputy Clerk) (Entered: 01/09/2003)	Jan. 7, 2003	Jan. 7, 2003 PACER
19	MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/08/2003)	Jan. 8, 2003	Jan. 8, 2003 PACER
23	MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing (at, Deputy Clerk) (Entered: 01/09/2003)	Jan. 9, 2003	Jan. 9, 2003 PACER
24	MOTION with memorandum in support by Wexford Health, David Rowe to dismiss complaint (at, Deputy Clerk) (Entered: 01/09/2003)	Jan. 9, 2003	Jan. 9, 2003 PACER
25	MEMORANDUM by Wexford Health, David Rowe in opposition to [3-1] motion for prompt hearing on [2-1] motion for preliminary injunction, [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 01/09/2003)	Jan. 9, 2003	Jan. 9, 2003 PACER
26	MEMORANDUM by Allen Brash in opposition to [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing, [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing (at, Deputy Clerk) (Entered: 01/14/2003)	Jan. 13, 2003	Jan. 13, 2003 PACER
28	ORDER granting nunc pro tunc [15-1] motion to extend time to file opposition to plaintiff's motion for preliminary injunction, for hearing and petition for writ of habeas corpus ad testificandum granting [19-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and prompt hearing, granting [23-1] motion to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/13/03) [EOD Date: 1/16/03] (cg, Deputy Clerk) (Entered: 01/16/2003)	Jan. 13, 2003	Jan. 13, 2003 PACER
27	NOTICE OF FILING RETURN OF SERVICE executed for David Rowe on 12/23/02 Answer due on 1/13/03 for David Rowe (at, Deputy Clerk) (Entered: 01/16/2003)	Jan. 15, 2003	Jan. 15, 2003 PACER
29	UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] (at, Deputy Clerk) (Entered: 01/23/2003)	Jan. 22, 2003	Jan. 22, 2003 PACER
30	ORDER OF REFERENCE Referring Motion(s) [24-1] motion to dismiss complaint referred to Magistrate Frank J. Lynch, [20-1] motion to dismiss verified complaint referred to Magistrate Frank J. Lynch (signed by Judge James C. Paine on 1/22/03) [EOD Date: 1/23/03] (at, Deputy Clerk) (Entered: 01/23/2003)	Jan. 22, 2003	Jan. 22, 2003 PACER
31	UNOPPOSED SECOND MOTION by Wexford Health, David Rowe to extend time to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing (at, Deputy Clerk) (Entered: 01/27/2003)	Jan. 24, 2003	Jan. 24, 2003 PACER
32	ORDER granting [29-1] motion to extend time to 1/31/03 to file responses to defendants' motions to dismiss [DE 20 & 25] and replies to defendants' opposing memos to plaintiff's motion for a preliminary injunction [DE 22 & 25] ( Signed by Magistrate Frank J. Lynch on 1/27/03) [EOD Date: 1/29/03] (cg, Deputy Clerk) (Entered: 01/29/2003)	Jan. 27, 2003	Jan. 27, 2003 PACER
33	ORDER granting [31-1] motion to extend time to 2/18/03 to file supplemental affidavit in support of memorandum in opposition to plaintiff's motion for preliminary injunction and motion for a prompt hearing ( Signed by Magistrate Frank J. Lynch on 1/29/03) [EOD Date: 1/30/03] (cg, Deputy Clerk) (Entered: 01/30/2003)	Jan. 29, 2003	Jan. 29, 2003 PACER
34	SECOND UNOPPOSED MOTION by Allen Brash to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/04/2003)	Feb. 3, 2003	Feb. 3, 2003 PACER
35	NOTICE of Filing Dr Michael W. Fried's Declaration In Support of Their Memorandum by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/05/2003)	Feb. 4, 2003	Feb. 4, 2003 PACER
42	ORDER granting [34-1] motion to extend time to file responses to defendants' motions to dismiss and replies to defendants' opposing memos to plaintiff's motion for preliminary injunction ( Signed by Magistrate Frank J. Lynch on 2/10/03) [EOD Date: 2/25/03] (cg, Deputy Clerk) (Entered: 02/25/2003)	Feb. 10, 2003	Feb. 10, 2003 PACER
36	NOTICE of Filing Dr. Michael W. Fried's Original Declaration by Wexford Health, David Rowe (at, Deputy Clerk) (Entered: 02/14/2003)	Feb. 12, 2003	Feb. 12, 2003 PACER
37	MEMORANDUM by Allen Brash in opposition to [24-1] motion to dismiss complaint, [20-1] motion to dismiss verified complaint (at, Deputy Clerk) (Entered: 02/18/2003)	Feb. 18, 2003	Feb. 18, 2003 PACER
38	REPLY MEMORANDUM by Allen Brash to response to [2-1] motion for preliminary injunction (at, Deputy Clerk) (Entered: 02/18/2003)	Feb. 18, 2003	Feb. 18, 2003 Clearinghouse
39	MOTION with memorandum in support by Allen Brash to strike conclusory declaration of Michael W. Fried M.D. (at, Deputy Clerk) (Entered: 02/18/2003)	Feb. 18, 2003	Feb. 18, 2003 PACER

Case: Brash v. Wexford Health Source, Inc.

2:02-cv-14331 | U.S. District Court for the Southern District of Florida

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