Barboza v. Wexford Health Sources, Inc. et al
| Juan Barboza |
| Wexford Health Sources, Inc., Carruzo, Tuell, Dominguez, Jane Doe, L. Knutson, James Martins and Lisa Qualls |
| 3:2017cv50002 |
| January 10, 2017 |
| US District Court for the Northern District of Illinois |
| Rockford Office |
| Lee |
| Iain D. Johnston |
| Frederick J. Kapala |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
166
MEMORANDUM Opinion and Order. The Court acknowledges the unfortunate nature of the events in this case, and in particular the emergency surgery that Barboza ultimately required. But even construing the facts and all reasonable inferences in Barboza 's favor, there is no evidence to support the kind of wrongdoing necessary to survive summary judgment in this deliberate indifference case. To the contrary, the evidence shows that Defendants provided close monitoring and several medications (i ncluding an antibiotic recognized as an excellent choice for the treatment of both MRSA and MSSA) and services during the 7-day period between his initial complaint and his referral to an outside hospital for surgery. Despite this treatment, Barboza developed an infection, something that can happen even when proper care is provided. And there is no evidence that anything Defendants did or failed to do either before his October 2018 surgery or when Barboza presented for his annual physical examin ation 3-and-a-half months later caused or prolonged any injury or pain. For these reasons, the Court grants Defendants' respective motions for summary judgment, R; 137 ; R. 141 ; R. 145 ; R. 149 . Civil case terminated. Signed by the Honorable Thomas M. Durkin on 3/10/2020:Mailed notice(srn, )
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Filing
145
MOTION by Defendant Bessie S. Dominguez for judgment Defendant Bessie S. Dominguez's Motion for Summary Judgment as to Plaintiff's Second Amended Complaint (Tengesdal, Robert)
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