Martin v. United States
Martin v. United States
Opinion of the Court
ORDER
Robert Martin, a federal inmate, brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b), and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). Martin contends that medical personnel—the clinical director at the prison in Terre Haute, the prison’s health-services administrator, and the assistant health-services administrator—rendered deficient treatment by failing to superase an outside cardiologist who implanted Martin’s defibrillator and by inadequately treating his other heart and gastrointestinal problems. The district court entered summary judgment for the defendants. The court concluded (1) that Max-tin could not prevail under the FTCA because he lacked evidence that the medical treatment he had received fell below the applicable standard of care and (2) that his Bivens claims were barred because they stemmed from the same subject matter as his failed FTCA claims. These conclusions are correct, so we affirm the district court’s judgment.
We construe the record in Martin’s favor and begin with the evidence regarding his heart condition. Martin suffered a heart attack in 1996 (at the age of 42), and since then he has been on medication to treat his cardiovascular problems. While incarcerated in Terre Haute in 2010, he experienced chest pain and difficulty breathing, and prison staff sent him to a local hospital for treatment. A diagnostic test revealed several complications: coronary artery disease, abnormal contractions of the left ventricle of Martin’s heart, and ventricular tachycardia, a rapid heartbeat that “can develop as an early or late complication of a heart attack,” Ventricular tachycardia, MedlinepPlus, https://www. nlm.nih.gov/medlineplus/ency/article/ 000187.htm (last updated June 7, 2016). (In this order we cite' online medical reference aids to give the reader context for Martin’s medical conditions and treatment.) The cardiologist who performed the test recommended that Martin consider “intei-nal defibrillator implantation.”
Martin saw another cardiologist at the hospital, Dr. Sameh Lamiy, whom the United States had hired as an independent contractor. Dr. Lamiy confirmed that an implantable cardioverter defibi-illator was an appropriate treatment for Martin’s ventricular tachycardia. This type of defibrillator is battery powered, placed under the skin, and connected to the heart with thin wires. Implantable Cardioverter Defibrillator (ICD), American Heart Association, http://www.heart.org/HEARTORG/ Conditions/Ari-hythmia/Prevention TreatmentofArrhythmia/Implantable-Cardioverter-DefibrillatorICD_UCM_ 448478_Article.j sp#.V22vmHz2Z7 d (last updated May 10, 2016). The defibrillator keeps track of the patient’s heart rate and, when it detects that the heart is beating irregularly and too fast, delivers “an electric shock to restore a normal heartbeat.” Id. Dr. Lamiy implanted the defibrillator in February 2010.
Six months after the surgery, Martin again saw Dr. Lamiy because the defibril
Two expert witnesses (whose opinions the defendants submitted at summary judgment) also contradict Martin’s contention that because of his stomach problems, his defibrillator should be removed. Dr. James VanTassel (a cardiologist) stated that “[t]he implantation of the [defibrillator was] appropriate”; that Martin’s stomach infection had “no effect on [Martin’s] cardiac condition” or the defibrillator; and that although the defibrillator could have been managed “a little tighter” or could be removed or turned off without threatening Martin’s life, its use “was within the standard of care.” Dr. Colin Howden (a gas-troenterologist) also concluded that Martin’s heart symptoms were not caused by his stomach infection.
Martin’s other complaint about medical treatment concerns his stomach. His gastric problems began in 2010, and from then through 2013, he underwent numerous diagnostic tests and saw gastroenterologists several times for diagnosis and treatment. In October 2010 he underwent a biopsy that detected an H. pylori infection in his stomach. (H. pylori is a type of bacteria that may cause peptic ulcers, although most people with the infection “never get sick from it.” H. pylori infection, Mayo Clinic, http://www.mayoclinic.org/diseases-conditions/h-pylori/basics/definition/con-20030903 (last visited June 23, 2016).) Martin received a 14-day course of medications, but he continued experiencing stomach pain, reflux, and other gastrointestinal distress. Tests performed on Martin in 2011 did not detect H. pylori, but he received treatment for other gastrointestinal problems that had been diagnosed, such as his reflux. In February 2012 a biopsy again revealed that Martin had an H. pylori infection, and prison doctors prescribed another round of medications. Prison medical staff tested him again for H. pylori in October 2012 and March 2013; both tests were negative.
Dr. Howden (the gastroenterologist whose expert opinion the defendants submitted) opined that although Martin had experienced two “minor” lapses in the “overall management” of his H. pylori infection, he had not received substandard care. When Martin was diagnosed with H. pylori for the second time, prison doctors gave him the same drugs that he received after his first diagnosis. This was inappropriate, Dr. Howden explained, because one of the medications “should not [have] be[en] used a second time since initial failure with this medicine probably means that the patient’s H. pylori infection is resistant to it.” Dr. Howden also stated that Martin should not have been taking a proton pump inhibitor when prison staff tested him for H. pylori in October 2012 and March 2013 because that drug “can reduce the sensitivity and reliability of the test[s],” both of which had been negative. But Dr. Howden concluded that, despite these shortcomings, Martin had received treatment within the standard of care.
On appeal Martin does not challenge the district court’s conclusion that the United States is not liable under the FTCA for the actions of Dr. Lamiy because he is a contractor, not a government employee. We pause only to note that although the district court was correct that the FTCA generally does not waive the sovereign immunity of the United States for torts committed by contractors, see 28 U.S.C. §§ 1346(b), 2671; United States v. Orleans, 425 U.S. 807, 813-14, 96 S.Ct. 1971, 48 L.Ed.2d 390 (1976), the court was mistaken to state that sovereign immunity deprived the court of jurisdiction: Sovereign immunity is an affirmative defense, not a jurisdictional doctrine, see Sung Park v. Ind. Univ. Sch. of Dentistry, 692 F.3d 828, 830 (7th Cir. 2012); Wis. Valley Improvement Co. v. United States, 569 F.3d 331, 333 (7th Cir. 2009). But this error does not affect the outcome of this case, so we proceed to the merits.
Martin first argues that he has a triable FTCA claim against the United States because, he maintains, a jury reasonably could find that the prison’s medical staff failed to “properly oversee the service of Dr. Lamiy” outside the prison. We reject this argument. Indiana’s law of medical malpractice applies to Martin’s FTCA claims. See 28 U.S.C. § 1346(b)(1); Gipson v. United States, 631 F.3d 448, 450-51 (7th Cir. 2011). Martin cites—and we have found—no Indiana case law holding that medical staff who have referred a matter to an outside, licensed specialist have a duty to second-guess that specialist’s clinical decisions. To the contrary, had the prison’s staff disregarded Dr. Lamiy’s diagnosis and interfered with his prescribed treatment of Martin, they could have exposed themselves to a claim of deliberate indifference. See Perez v. Fenoglio, 792 F.3d 768, 778 (7th Cir. 2015) (“Allegations that a prison official refused to follow the advice of a medical specialist for a non-medical reason may at times constitute deliberate indifference.”).
Pursuing his FTCA claim from another angle, Martin next argues that a jury could reasonably find that the staff had negligently ignored his heart condition after Dr. Lamiy implanted the defibrillator.
Finally, Martin argues that the district court mistakenly concluded that his Bivens claims are “of the same subject matter” as his FTCA claims and thus barred by 28 U.S.C. § 2676. Martin asserts that his claims are not of the same subject matter because, he says, his FTCA claims concern solely the implantation and management of his defibrillator while his Bivens claims relate to the other treatments for his heart condition as well as the treatment of his H. pylori infection.
For several reasons, the district court correctly entered judgment against Martin on the Bivens claims. First, in his filings in the district court, Martin did not distinguish between the subject matter that is the basis of his FTCA claims and the conduct that undergirds his Bivens claim. Even in his appellate brief, he muddles any supposed distinction: When discussing his FTCA claims, Martin refers to the prison officials’ treatment of his heart condition and his H. pylori infection; he then describes his Bivens claims as based on the defendants’ “acts, or omissions in treating his [cjontinuing heart palpitations, shocks from the [defibrillator], and his gastrointestinal problem that has been proven to be the re-occurrence of an H-pylori infection” (internal quotation marks omitted).
But even if we assume that Martin’s FTCA and Bivens claims arise from different conduct, the Bivens claims fail anyway. Martin supplied no evidence that the members of the prison’s medical staff whom he sued were personally involved in the treatment that he objects to. See Ashcroft v. Iqbal, 556 U.S. 662, 677, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Beyond that Martin asserts only that he preferred a different treatment; he provides no evidence that the treatment he did receive violated the constitution. To the contrary, as we have already noted, the record shows that his treatment with a defibrillator was reasonable and that even though he experienced two minor lapses in the treatment of his H. pylori infection, that treatment was still acceptable. See Pyles v. Fahim, 771 F.3d 403, 409 (7th Cir. 2014) (“Disagree
AFFIRMED.
Reference
- Full Case Name
- Robert MARTIN v. UNITED STATES of America
- Cited By
- 1 case
- Status
- Published