United States District Court, W.D. Virginia, Roanoke Division
BETH E. BRONDAS, Plaintiff,
CORIZON HEALTH, INC., Defendant.
NORMAN K. MOON, District Judge.
Defendant filed a motion to dismiss Plaintiff's claim for failure to state a claim upon which relief can be granted. As stated at the conclusion of the hearing on the motion, and for the reasons that follow, the motion will be granted without prejudice to Plaintiff's leave to file an amended complaint, and Plaintiff will be allotted 28 days from the date of entry of this order within which to file an amended complaint.
Plaintiff states that she is a 61-year-old female incarcerated at Fluvanna Correctional Center for Women ("FCCW"), and she is scheduled to be released in 2016. She states that she
is afflicted with a broad array of serious health problems and physical ailments including, but not necessarily limited to, extreme back and neck pain, a pinched nerve in her back, incontinence, migraine headaches, a spine fracture, anxiety, psychosis, high blood pressure and congestive heart failure.
Defendant is the contractual provider of health services at FCCW. Plaintiff alleges that Defendant has been deliberately indifferent to her serious medical needs, in violation of the Eighth Amendment to the United States Constitution, and that Defendant has been negligent. Plaintiff seeks "declaratory and injunctive relief against Defendant Corizon Health, Inc." and punitive and compensatory "damages in the sum of FIVE HUNDRED THOUSAND DOLLARS ($500, 000.00)...."
Regarding the count of deliberate indifference, Plaintiff states the following allegations (paragraph numbering omitted):
Plaintiff has serious medical needs. The broad array [of] serious health problems and physical ailments [previously] listed... are objectively serious medical needs.
Defendant was and is deliberately indifferent to Plaintiff's serious medical need(s) because, beginning in or around January 2013, it has continuously failed to treat her serious medical need(s), despite its knowledge of her various medical condition(s).
Defendant actually knew of and disregarded the substantial risk of serious injury to Plaintiff because it actually knew (and still knows) of her serious medical needs upon hearing and seeing her desperate pleas for help, and, Defendant disregarded the substantial risk of serious injury to Plaintiff because it ignored Plaintiff's serious need for medical care by not immediately treating her objectively serious medical condition(s).
Such an inadequate response by the employees and/or agents of Defendant was and is a result of Defendant's failure to train its employees and or agents how to properly respond to an inmate suffering from an objectively serious medical need. If Defendant had properly trained its employees in the handling of inmates with serious medical conditions, Plaintiff's serious medical need(s) would have been immediately treated.
Defendant, upon becoming aware of Plaintiff's serious medical need(s), provided a medical response so grossly incompetent and/or inadequate as to shock the conscience of fair-minded Americans. Defendant gave and continues to give Plaintiff grossly deficient medical treatment and was and is callously and deliberately indifferent to her serious medical need(s) in violation of the Eighth Amendment to the Constitution of the United States.
Defendant acted recklessly with regard to Plaintiff's serious medical need(s) by disregarding the substantial risk of danger it knew Plaintiff to be in upon seeing and hearing her writhing in pain as a result of deficient medical care.
Defendant's deliberate indifference was and is a proximate cause [of] the following damages suffered by Plaintiff: ...