Area of Law:
Civil Rights 42 U.S.C. § 1983, based on the failure to treat a right inguinal hernia
U. S. District Court for the Eastern District of Michigan
Chief Judge Gerald Rosen
Plaintiff Colton contended that the physician ignored his alleged severe pain and allegations that his previous right inguinal hernia surgical repair had failed.
Plaintiff argued that he had significant pain and suffering for three years. He alleged he should have had inguinal hernia surgery as early as October 2009. He also demanded right inguinal hernia surgery.
Defense contended that plaintiff never reported pain and, in fact, a hernia that is not incarcerated or strangled is not a serious medical need. Pursuant to Napier v. Madison County, Plaintiff must produce expert support that a delay in treatment proximately caused additional damages.
Plaintiff demanded $20,000. We rejected.
Trial started on October 27, 2014, and ended October 29, 2014. At the close of Plaintiff’s proofs, we moved for a Directed Verdict. The court deferred until after defense proofs. Following defense proofs, the court granted the motion for Directed Verdict.
Bases for Relief:
The court accepted our argument that this was a Napier case and not a Blackmore v. Kalamazoo County case; therefore, Plaintiff needed medical testimony to support the fact that the medical condition worsened as a result of the delay. Plaintiff was unable to prove same.
Chance of Appeal:
60% chance Plaintiff will file a Pro Se appeal; 1% chance he will be successful.
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