Case: Spurlock v. Wexford Health Sources, Incorporated

3:23-cv-00476 | U.S. District Court for the Southern District of West Virginia

Filed Date: July 7, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns allegations of denial of medical treatment for Opioid Use Disorder (“OUD”) experienced by three incarcerated individuals. On July 7, 2023, the three individuals filed a putative class action lawsuit against Wexford Health Sources (“Wexford”), a for-profit healthcare provider for prisons and jails, in the U.S. District Court for the Southern District of West Virginia. The plaintiffs, who were from West Virginia and New Mexico, were formerly incarcerated at jails and prisons wh…

This case concerns allegations of denial of medical treatment for Opioid Use Disorder (“OUD”) experienced by three incarcerated individuals.

On July 7, 2023, the three individuals filed a putative class action lawsuit against Wexford Health Sources (“Wexford”), a for-profit healthcare provider for prisons and jails, in the U.S. District Court for the Southern District of West Virginia. The plaintiffs, who were from West Virginia and New Mexico, were formerly incarcerated at jails and prisons where Wexford served as the healthcare contractor. The plaintiffs brought this suit on behalf of themselves and others similarly situated, all of whom were diagnosed with OUD and denied Medication for Opioid Use Disorder (“MOUD”). 

The complaint alleged that Wexford had a policy and practice of depriving individuals of access to medications used to treat OUD. Specifically, it claimed that Wexford’s policy was to “categorically ban” MOUD, even for individuals with prescriptions, and instead, to place those with OUD into forced withdrawal, a practice that had been rejected by the medical community. As a result, all plaintiffs suffered from the “tortious side effects” of forced withdrawal. The complaint further alleged that Wexford had no medical justification for the denial of treatment, and that this was merely a cost-saving mechanism.

Plaintiffs brought claims under 42 U.S.C. § 1983, alleging that Wexford had violated the 8th and 14th Amendments by exhibiting deliberate indifference to their serious medical needs. Plaintiffs also brought state negligence claims under the laws of New Mexico and West Virginia.  Plaintiffs requested the court to certify the action as a class action, and award compensatory and punitive damages. Plaintiffs also requested costs, reasonable attorneys’ fees, and any other relief the court found proper. Plaintiffs were represented by private attorneys. The case was assigned to Judge Robert C. Chambers.

In late 2023 and early 2024, the parties began exchanging discovery including initial disclosures, interrogatories, and stipulations for deadlines. The parties had various disputes over confidential documents and information. As of March 3, 2025, the parties were still in discovery. This case is ongoing.

Summary Authors

Maddie Mitzner (3/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67594714/parties/spurlock-v-wexford-health-sources-incorporated/


Judge(s)

Chambers, Robert Charles (West Virginia)

Attorney for Plaintiff

Carriger, David H. (West Virginia)

DiTrapano, L. Dante (West Virginia)

Attorney for Defendant

Bentley, Michael James (West Virginia)

Cyrus, Harrison M. (West Virginia)

show all people

Documents in the Clearinghouse

Document
1

3:23-cv-00476

Class Action Complaint

July 7, 2023

July 7, 2023

Complaint
95

3:23-cv-00476

Memorandum Opinion and Order

Dec. 4, 2024

Dec. 4, 2024

Order/Opinion

2024 WL 4979135

123

3:23-cv-00476

Memorandum Opinion and Order

Feb. 10, 2025

Feb. 10, 2025

Order/Opinion

2025 WL 451688

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67594714/spurlock-v-wexford-health-sources-incorporated/

Last updated June 11, 2025, 8:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8453861. (Attachments: # 1 Proposed Summons as to Wexford Health Sources, Incorporated (Joseph M. Ebbitt), # 2 Civil Cover Sheet) (jsa) (Entered: 07/10/2023)

1 Proposed Summons as to Wexford Health Sources, Inc.orporated

View on PACER

2 Civil Cover Sheet

View on PACER

July 7, 2023

July 7, 2023

Clearinghouse

CASE assigned to Judge Robert C. Chambers. (klc)

July 7, 2023

July 7, 2023

PACER
2

ELECTRONIC SUMMONS ISSUED as to Wexford Health Sources, Incorporated (Joseph M. Ebbitt), re: 1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jsa)

July 10, 2023

July 10, 2023

PACER

Case Assigned

July 10, 2023

July 10, 2023

PACER
3

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)

July 10, 2023

July 10, 2023

PACER
4

Notice Of Attorney Appearance

July 31, 2023

July 31, 2023

PACER
5

Waiver Of Service Executed

July 31, 2023

July 31, 2023

PACER
6

Notice Of Appearance

Aug. 31, 2023

Aug. 31, 2023

PACER
7

Disclosure Statement Pursuant To Rule 7.1, FRCivP

Aug. 31, 2023

Aug. 31, 2023

PACER
8

Answer To Complaint

Sept. 19, 2023

Sept. 19, 2023

RECAP
9

Judge Chambers' Order and Notice

Sept. 20, 2023

Sept. 20, 2023

RECAP
10

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Sept. 29, 2023

Sept. 29, 2023

PACER

Notice Of Docket Correction

Sept. 29, 2023

Sept. 29, 2023

PACER
11

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Oct. 27, 2023

Oct. 27, 2023

PACER
12

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Oct. 27, 2023

Oct. 27, 2023

PACER
13

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Oct. 27, 2023

Oct. 27, 2023

PACER
14

Rule 26(f) Report Of Planning Meeting

Oct. 30, 2023

Oct. 30, 2023

PACER
15

Judge Chambers' Scheduling Order

Nov. 2, 2023

Nov. 2, 2023

PACER
16

Notice Of Appearance

Nov. 2, 2023

Nov. 2, 2023

PACER
17

Certificate Of Service

Nov. 13, 2023

Nov. 13, 2023

PACER
18

Certificate Of Service

Nov. 13, 2023

Nov. 13, 2023

PACER
19

Certificate Of Service

Nov. 13, 2023

Nov. 13, 2023

PACER
20

Proposed Order

Nov. 15, 2023

Nov. 15, 2023

RECAP
21

Proposed Order

Nov. 15, 2023

Nov. 15, 2023

PACER
22

Proposed Order

Nov. 15, 2023

Nov. 15, 2023

PACER
23

Proposed Order

Nov. 15, 2023

Nov. 15, 2023

PACER
24

Protective Order

Nov. 16, 2023

Nov. 16, 2023

PACER
25

Order

Nov. 16, 2023

Nov. 16, 2023

PACER
26

Order

Nov. 16, 2023

Nov. 16, 2023

PACER
27

Notice Of Attorney Appearance

Nov. 17, 2023

Nov. 17, 2023

PACER
28

Proposed Order

Nov. 17, 2023

Nov. 17, 2023

PACER
29

Order

Nov. 20, 2023

Nov. 20, 2023

PACER
30

Certificate Of Service

Nov. 27, 2023

Nov. 27, 2023

PACER
31

Certificate Of Service

Nov. 27, 2023

Nov. 27, 2023

PACER
32

Certificate Of Service

Dec. 8, 2023

Dec. 8, 2023

PACER
33

Certificate Of Service

Dec. 8, 2023

Dec. 8, 2023

PACER
34

Stipulation Extending Time

Dec. 13, 2023

Dec. 13, 2023

PACER
35

Stipulation Extending Time

Dec. 13, 2023

Dec. 13, 2023

PACER
36

Stipulation

Jan. 3, 2024

Jan. 3, 2024

PACER
37

Stipulation

Jan. 3, 2024

Jan. 3, 2024

PACER
38

Notice To Take Or Amend Deposition

Jan. 4, 2024

Jan. 4, 2024

RECAP
39

Stipulation Extending Time

Jan. 8, 2024

Jan. 8, 2024

PACER
40

Proposed Order

Jan. 9, 2024

Jan. 9, 2024

RECAP
41

Miscellaneous Relief

Jan. 26, 2024

Jan. 26, 2024

PACER

Motions Referred

Jan. 26, 2024

Jan. 26, 2024

PACER
42

Notice (Other)

Jan. 29, 2024

Jan. 29, 2024

PACER
43

Protective Order

Jan. 31, 2024

Jan. 31, 2024

PACER
44

Notice (Other)

Feb. 2, 2024

Feb. 2, 2024

PACER
45

Stipulation

Feb. 9, 2024

Feb. 9, 2024

PACER
46

Amend

Feb. 9, 2024

Feb. 9, 2024

PACER
47

Judge Chambers' Reset Scheduling Order

Feb. 13, 2024

Feb. 13, 2024

PACER
48

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Feb. 14, 2024

Feb. 14, 2024

PACER
49

Stipulation

Feb. 29, 2024

Feb. 29, 2024

PACER
50

Stipulation

March 15, 2024

March 15, 2024

PACER
51

Certificate Of Service

March 18, 2024

March 18, 2024

PACER
52

Certificate Of Service

March 19, 2024

March 19, 2024

PACER
53

Certificate Of Service

March 19, 2024

March 19, 2024

PACER
54

Certificate Of Service

March 19, 2024

March 19, 2024

PACER
55

Certificate Of Service

March 20, 2024

March 20, 2024

PACER
56

Stipulation

March 20, 2024

March 20, 2024

PACER
57

Certificate Of Service

March 27, 2024

March 27, 2024

PACER
58

Certificate Of Service

March 28, 2024

March 28, 2024

PACER
59

Certificate Of Service

March 29, 2024

March 29, 2024

PACER
60

Certificate Of Service

March 29, 2024

March 29, 2024

PACER
61

Certificate Of Service

March 29, 2024

March 29, 2024

PACER
62

Certificate Of Service

April 8, 2024

April 8, 2024

PACER
63

Certificate Of Service

April 8, 2024

April 8, 2024

PACER
64

Certificate Of Service

April 10, 2024

April 10, 2024

PACER
65

Certificate Of Service

April 10, 2024

April 10, 2024

PACER
66

Stipulation Extending Time

April 11, 2024

April 11, 2024

PACER
67

Certificate Of Service

April 18, 2024

April 18, 2024

PACER
68

Certificate Of Service

April 18, 2024

April 18, 2024

PACER
69

Certificate Of Service

April 29, 2024

April 29, 2024

PACER
70

Certificate Of Service

May 6, 2024

May 6, 2024

PACER
71

Certificate Of Service

May 7, 2024

May 7, 2024

PACER
72

Modify

May 7, 2024

May 7, 2024

PACER
73

Order on Motion / Application / Petition to Modify

May 8, 2024

May 8, 2024

PACER
74

Notice (Other)

May 8, 2024

May 8, 2024

PACER
75

Certificate Of Service

June 18, 2024

June 18, 2024

PACER
76

Stipulation

June 21, 2024

June 21, 2024

PACER
77

Certificate Of Service

June 21, 2024

June 21, 2024

PACER
78

Certificate Of Service

July 22, 2024

July 22, 2024

PACER
79

Report Of Mediation

Aug. 16, 2024

Aug. 16, 2024

PACER
80

Order Transferring MJ Referral for Discovery

Sept. 3, 2024

Sept. 3, 2024

PACER
81

Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters

Sept. 17, 2024

Sept. 17, 2024

PACER
82

Miscellaneous Relief

Sept. 18, 2024

Sept. 18, 2024

PACER
83

Judge Chambers' Reset Scheduling Order

Sept. 18, 2024

Sept. 18, 2024

PACER
84

Certificate Of Service

Oct. 8, 2024

Oct. 8, 2024

PACER
85

Motion To Seal - General - SEALED (Public Docket Entry ; Sends NEF ; No Document Access) AND Strike

Oct. 9, 2024

Oct. 9, 2024

PACER
86

Compel

Oct. 9, 2024

Oct. 9, 2024

PACER

Motions Referred

Oct. 10, 2024

Oct. 10, 2024

PACER
95

MEMORANDUM OPINION AND ORDER denying Plaintiffs' 85 MOTION to Strike Confidentiality Designations of Documents; directing the Clerk to file the exhibits to Plaintiffs' 85 MOTION to Strike Confidentiality Designations of Documents or, in the Alternative, MOTION to File Provisionally Under Seal, under seal; Plaintiffs' 85 MOTION to Strike Confidentiality Designations of Documents or, in the Alternative, MOTION to File Provisionally Under Seal, shall be unsealed; granting Pl aintiffs' 86 MOTION to Compel Interrogatory Responses and Production of Documents; directing Defendant to provide the information specified more fully herein by 12/27/2024. Signed by Magistrate Judge Joseph K. Reeder on 12/4/2024. (cc: counsel of record; any unrepresented parties) (skm)

Dec. 4, 2024

Dec. 4, 2024

Clearinghouse
123

MEMORANDUM OPINION & ORDER sustaining, in part, and overruling, in part, Defendant's 100 OBJECTION to the 95 Memorandum Opinion and Order and DENYING AS MOOT Defendant's 101 MOTION to Stay Enforcement of the 95 Memorandum Opinion and Order. Signed by Judge Robert C. Chambers on 2/10/2025. (cc: counsel of record; any unrepresented parties) (skm)

Feb. 10, 2025

Feb. 10, 2025

Clearinghouse
124

STIPULATION by Heather Smith, Lauren Spurlock, Shawn Zmudzinski, Wexford Health Sources, Incorporated; the parties stipulate and agree to extend the deadline in which to file Motions to Compel regarding 30(b)(6) deposition topic disputes to March 13, 2023. (Carriger, David) (Modified on 2/13/2025 to add party filer) (mkw).

Feb. 13, 2025

Feb. 13, 2025

PACER
125

STATUS UPDATE by Heather Smith, Lauren Spurlock, Shawn Zmudzinski Regarding Defendant's Privilege Log Disputes and REQUEST by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Set Further Deadlines in response to the Court's 114 Order. (Carriger, David) (Modified on 2/18/2025 to add link to #114 order and to convert to a motion to extend time) (mkw).

Feb. 18, 2025

Feb. 18, 2025

PACER

MOTION REFERRED to Magistrate Judge Joseph K. Reeder: 125 REQUEST by Heather Smith, Lauren Spurlock, Shawn Zmudzinski to Set Further Deadlines. (mkw)

Feb. 18, 2025

Feb. 18, 2025

PACER
126

STIPULATION by Wexford Health Sources, Incorporated, Shawn Zmudzinski, Lauren Spurlock, Heather Smith; the parties stipulate and agree to the following: on or before Friday, February 28, 2025, counsel for Defendant will update counsel for Plaintiffs regarding what they are willing to do and have been able to determine with respect to the items referenced in Plaintiffs' 125 Status Update to the Court filed on February 18, 2025. (Herrick, Jordan) (Modified on 2/21/2025 to add party filers) (mkw).

Feb. 21, 2025

Feb. 21, 2025

PACER
127

ORDER denying as moot 125 Status Update and Request to Set Further Deadlines in response to the Court's 114 Order. Signed by Magistrate Judge Joseph K. Reeder on 2/26/2025. (cc: counsel of record; any unrepresented parties) (kew)

Feb. 26, 2025

Feb. 26, 2025

PACER
128

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Sixth Supplemental Responses to Plaintiffs' First Set of Requests for Production. (Herrick, Jordan)

Feb. 27, 2025

Feb. 27, 2025

PACER
129

CERTIFICATE OF SERVICE by Wexford Health Sources, Incorporated for Seventh Supplemental Answers to Plaintiffs' First Set of Interrogatories. (Herrick, Jordan)

Feb. 27, 2025

Feb. 27, 2025

PACER

Case Details