Timothy Barr v. Rebecca Pearson
Opinion
Missouri Department of Corrections inmate Timothy Barr filed suit under
I. Background
The following information comes from a portion of Barr's medical record that was submitted to the district court. On May 21, 2014, neurologist Dr. Sudhir Batchu diagnosed Barr with MS and prescribed Avonex for his symptoms. Barr began receiving Avonex injections on June 10. He regularly received these injections until October 2014. On October 10, 2014, Nurse Dana Degen noted that Barr refused his Avonex injection because the "side effects [were] getting the best of [him]." A separate October 10 entry by Nurse Practitioner Nina Hill indicates that Hill met with Barr to discuss his MS diagnosis and his refusal of Avonex. Hill referred Barr to mental health services for depression related to his diagnosis. On October 23, 2014, Barr saw Dr. Kimberly Birch. During that session, they discussed his MS diagnosis. Dr. Birch noted that Barr's case was "very complex." She also noted that Barr had refused Avonex due to its adverse side effects and that he felt "much better" while off of the drug. At the conclusion of the session, Dr. Birch noted that she planned to speak with her colleagues about Barr's case and that she was going to request a second opinion from a different neurologist. She also prescribed Aspirin and requested an echocardiogram, which was performed on November 5. On November 11, Barr met with optometrist Dr. Lee Browning because he had been experiencing blurry vision. After meeting with Barr, Dr. Browning noted that Barr was being followed "for high suspicion of multiple sclerosis" but had discontinued taking Avonex "on his own due to undesirable side effects." That is the most recent entry in the portion of Barr's medical record that was submitted.
Barr contests parts of his medical record in his sworn affidavit. In the affidavit, Barr admits that he had been experiencing "negative side effects" but states that he never refused his Avonex injection. Rather, he states that "Defendants stop[ped] giving [him] and prescribing medication to [him], on October 8, 2014." He also states that Hill and Dr. Birch told him that they did not think he had MS. Regardless, both parties agree that after October 10, Barr stopped receiving Avonex injections.
II. Standard of Review
This Court reviews a district court's grant of summary judgment de novo.
Rooney v. Rock-Tenn Converting Co.
,
III. Analysis
The Eighth Amendment requires that inmates be provided with adequate medical care.
See
Schaub v. VonWald
,
Significantly, while inmates have a right to adequate medical care, they have no "right to receive a particular or requested course of treatment."
Dulany v. Carnahan
,
Viewing the record in the light most favorable to Barr, Defendants' decision to halt Barr's Avonex injections did not rise to a level akin to criminal recklessness. See Farmer,
IV. Conclusion
We affirm the district court's order granting summary judgment in favor of Defendants.
The Honorable Abbie Crites-Leoni, United States Magistrate Judge for the Eastern District of Missouri.
Reference
- Full Case Name
- Timothy BARR, Plaintiff - Appellant, v. Rebecca PEARSON, Nurse, Corizon, SECC; Brandi Juden, BSN, RN, Corizon, SECC; Dana Degens; David Helman, RN, Corizon, SECC; Jewel Cofield; Mina Massey, Medical Director; MD G. Babich; Kimberly Birch, N.P.; Nina Hill, N.P., Defendants - Appellees.
- Cited By
- 67 cases
- Status
- Published