WDNY — Eighth Amendment: Virgil v. Darlak, et al.

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U.S. District Court, WDNY

Eighth Amendment

Prisoner Medical Treatment — Deliberate Indifference

Virgil v. Darlak, et al.
10-cv-6479P
Judge Payson

Background: The plaintiff, an inmate in a New York correctional facility, filed suit against the defendants asserting claims for deliberate indifference and medical malpractice. The action arose out of treatment the plaintiff wherein an intravenous catheter tip broke and lodged in his vein. The plaintiff alleged that medical personnel failed to diagnose the lodged catheter tip as the source of his pain. The defendants moved for summary judgment.

Ruling: The District Court granted the motion. First, the plaintiff did not provide any evidence that the dislodged tip created a serious medical need or serious risk to his health. Secondly, the initial misdiagnosis did not result from a reckless disregard for the plaintiff’s medical needs.

Michael Anthony Deem for the plaintiff; Kevin John Bland and Brett P. Gliosca of Ricotta & Visco, Brian J. Bogner and James E. Eagan of Feldman, Kieffer & Herman, and Jennifer L. Noah and Kathleen Marie Sweet of Gibson, McAskill & Crosby for the defendants