United States District Court, W.D. Arkansas, Fayetteville Division
AMBER S. THARP, Plaintiff,
NURSE RHONDA BRADLEY; NURSE RHONDA MESCHEDE; DR. MULLINS; and NURSE PEGGY VICKERY, Defendants.
S. Tharp, Plaintiff, Pro Se.
Rhonda Bradley, Defendant, represented by JaNan Arnold Davis,
Rainwater, Holt & Sexton, P.A..
Rhonda Meschede, Defendant, represented by JaNan Arnold
Davis, Rainwater, Holt & Sexton, P.A..
Mullins, Defendant, represented by JaNan Arnold Davis,
Rainwater, Holt & Sexton, P.A..
Peggy Vickery, Defendant, represented by JaNan Arnold Davis,
Rainwater, Holt & Sexton, P.A..
REPORT AND RECOMMENDATION OF THE MAGISTRATE
R. MARSCHEWSKI, Magistrate Judge.
a civil rights action filed by the Plaintiff pursuant to 42
U.S.C. Â§ 1983. Plaintiff proceeds pro se and in
is currently incarcerated in the Federal Correctional
Institute Carswell, Federal Medical Center, in Ft. Worth,
Texas. The events that are the subject of this case occurred
while the Plaintiff was incarcerated in the Washington County
Detention Center (WCDC) in Fayetteville, Arkansas. Plaintiff
contends her constitutional rights were violated when
Defendants denied her adequate medical care. The claims that
remain in this lawsuit are her claims against the Defendants
in their individual capacities.
filed a Summary Judgment Motion (Doc. 55). A hearing was held
on February 2, 2016, to allow Plaintiff to testify in
response to the Motion. Plaintiff appeared by video
conference. She also submitted a number of exhibits (Doc. 64)
that were admitted during the hearing. The Motion (Doc. 55)
is ready for decision.
was booked into the WCDC on May 22, 2013, and reported a
history of seizures. Defendants' Exhibit
(hereinafter Defts' Ex. ) A-1 at 2 &
82. She was on no medications.
Id. at 82. She testified she had never been on any
seizure medication. Plaintiff was asked if she had any
allergies and said she did not but had kidney
reported having a seizure on July 26, 2013. Defts'
Ex. A-1 at 72. She testified Nurse Bradley told her to
submit a sick call slip so she could be placed on seizure
medication. Plaintiff submitted a medical request on July 29,
2013. Defts' Ex. A-1 at 147.
was seen by Dr. Mullins for the first time related to her
seizures on July 30, 2013. Defts' Ex. D at Â¶
2(c). She reported a history of seizures and Dr. Mullins
prescribed Dilantin for her seizure disorder to be taken
100 mg. in the morning and 200 mg. in the evening.
Id. She had never taken Dilantin before. Plaintiff
testified that Dr. Mullins would have been aware that she had
kidney reflux because she had made them aware of it at
testified she received her first dose of Dilantin on July 31,
2013. Two days later, Plaintiff testified she began to
develop small red splotches. By the third day, Plaintiff
testified it had developed into "one big rash." She
testified she was running a fever, could not eat, and had
sores in the back of her throat. That day, Plaintiff
testified the nurses came and took her pulse, listened, to
her heart, and said they would come back that day. Plaintiff
testified she told the nurses she might have scarlet fever.
According to Plaintiff, no one checked into drug allergies.
No record of this contact with medical staff appears in the
first mention of any type of rash or outbreak on a medical
request occurred on August 11, 2015. Defts' Ex.
A-1 at 148. She indicated she needed Benadryl because she was
breaking "out with hives." Id. Plaintiff
testified the rash was visible all over her body.
approximately 7:30 p.m., the intercom button was pushed in
Z-block and Corporal Jones was informed that Plaintiff had a
fever all day and was drooling. Defts' Ex. A-1
at 68. Nurse Meschede came and took the Plaintiff's
temperature and it was 98.6 degrees. Id. Nurse
Meschede informed the Plaintiff that she would be put on the
list to see a doctor. Id. Corporal Jones was
instructed to keep an eye on Plaintiff throughout the night.
August 12, 2013, Plaintiff testified she was scheduled for
court and the guard asked what was wrong with her and said he
could get her court rescheduled. Plaintiff did not believe
detention center officials wanted her to be taken before the
state court judge in the condition she was in.
there is an incident report completed by Deputy Johnson on
August 12, 2013, in which she reported that Plaintiff was
flushed, was very red with splotches, felt very hot and
clammy, and her eyes were glassed over, there is no mention
of Plaintiff being scheduled for court on this day.
Defts' Ex. A-1 at 67. Plaintiff's condition
was reported to the nurse's station. Id. Later
that day, Plaintiff was transported to Washington Regional
Medical Center (WRMC). Id. She was diagnosed with
urticaria or hives, given an injection of Depo-Medrol, and
put on Benadryl. Defts' Ex. C at
Jones completed an incident report on August 12, 2013.
Defts' Ex. A-1 at 63. She noted that Plaintiff
stated she was vomiting, still had a fever, and that the shot
she received at the hospital was not working. Id.
Plaintiff complained of feeling worse and asked for Benadryl
and Tylenol. Id. Nurse Meschede approved the
Benadryl. Id. It was noted that Plaintiff was now
shaking. Id. A nurse was requested to come to the
cell block and evaluate the Plaintiff. Id; see also
Defts' Ex. A-1 at 65 (incident report of Deputy
Center) & 66 (incident report of Nurse Meschede).
Meschede checked Plaintiff and instructed Corporal Jones to
give Plaintiff two Tylenol and have her moved to medical
holding so she could be monitored throughout the night.
Defts' Ex. A-1 at 63 & 78-79. Plaintiff did not
make any complaints of discomfort during the hourly welfare
she could not recall seeing him, Dr. Mullins indicates he saw
Plaintiff on August 13, 2013. Defts' Ex. D at Â¶
2(d). He reviewed her hospital records and noted she had been
diagnosed with urticaria or hives which he described as a
vascular reaction of the skin marked by transient appearance
of smooth, slightly elevated patches (wheals) which are
redder or paler than the surrounding skin and often attended
by severe itching. Id. He indicated the condition
rarely lasted for more than two days. Id.
Mullins examined Plaintiff and found the rash was smooth and
homogenous-not typical for strep, but Plaintiff complained of
a sore throat. Defts' Ex. D at Â¶ 2(d). Dr.
Mullins wanted to rule out strep. Id. He prescribed
penicillin VK 500 mg., four times a day, for ten days, which
he describes as being excellent for skin infections,
Benadryl, 25 mg three times a day, which he indicates is an
antihistamine to ...