Brian J. Riordan, James M. Weck, and Lauren M. Jones obtained summary judgment in the United States District Court for the Western District of Wisconsin on behalf of a healthcare industry client. We represented a Licensed Practical Nurse (“LPN”) providing nursing services under contract at a Wisconsin Department of Corrections facility.
Plaintiff, a patient-inmate, alleged an Eighth Amendment § 1983 claim of deliberate indifference against our client. Plaintiff alleged that our client was deliberately indifferent to his serious medical condition when the LPN declined to dispense a medication and a medical device requested by Plaintiff. Our detailed review of Plaintiff’s medical records revealed Plaintiff’s allegations were factually inaccurate and Plaintiff did not meet the legal burden of proof to defeat summary judgment. The Court found our client’s decision to deny Plaintiff the requested medication and medical device was justified and did not rise to the legal standard of deliberate indifference. The Court entered an order granting our Motion for Summary Judgment and dismissing the Eighth Amendment claim with prejudice.
Original source can be found here.