Magistrate Judge Marian Payson
Inmate Virgil sued Darlak, Exigence Hospitalist Medical Services of Erie County, and Keith under 42 U.S.C. §1983 for deliberate indifference. Virgil alleged that during the removal of his intravenous catheter, the tip broke off and lodged in a vein in his arm. He contended that it "caused significant pain, swelling and interference with his blood flow, and created a risk of death." Virgil's claim was grounded in the three hour delay in treating the problem. The court found that Virgil had failed to present any evidence from which a factfinder could conclude that the delay in diagnosing the lodged catheter tip presented a serious medical need or serious risk to his health. The court further reasoned that any assertion that the lodged catheter tip interfered with blood flow and presented a risk of death was seriously undermined by the undisputed fact that emergency surgery was not performed. The court also found that Virgil had failed to adduce sufficient facts to raise a triable issue of fact that Darlak's misdiagnosis resulted from a reckless disregard for Virgil's medical needs. After further review, the court found that Virgil's state law negligence claims could not survive summary judgment. Thus, defendants' motion for summary judgment was granted.
