Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1 .04-cv-01205-SLR O é:Ihl%d/[(38/18/2006 Page 1 of 3
Page 17 Page 19
1 trying to tell us how to govern this system. 1 of fact, she decreased my medication and took me off
2 Q Where did you hear that? 2 medication.
3 A I would hear it by the grievance officer, 3 Q Did she give you a knee brace?
4 the grievance committee. The grievance officer 4 A As I remember, it was like an Ace band
5 would tell me, you are not giving us a chance. As a 5 wrap, an Ace band.
6 matter of fact, the guy at the Grievance Office 6 Q Did she give you a brace for your knee,
7 wouldn't even hear my complaint. 7 though, yes or no?
8 Q Did you file a formal grievance? 8 A Eventually she did, yes.
_ 9 A I did everything I could without 9 Q Did she give you crutches for your knee?
10 receiving anything adverse effect to me because of 10 A No. She didn't give me any crutches. —
11 being incarcerated. 11 Q Isn't it true that you were given a
12 Q Did you file on a piece of paper with the 12 prescription for crutches and you refused them?
13 Grievance_Oftice? 13 ‘ A No. That's not true.
14 A Yes. 14 Q Okay. How about I show you your medical
15 Q Did you have a hearing? 15 records where you refused crutches. Did anyone ever
16 A Yes. 16 tell you to do stretches for your knees?
17 Q What was the result of the hearing? 17 A No.
18 ~ A Denied. 18 Q No? Did you ever do stretches for your I
19 Q What did you ask for? 19 lmees?
20 A I asked to see a specialist, and I asked 20 A Basically, walking at one point during my
21 to have medical treatment. 21 most intense pain was difficult. And at that time,
22 Q And you did see a specialist, is that 22 security told me that because the medical department
23 correct? 23 haven't put anything in writing to have any special
24 A Yes. I did see Harry Freedman. 24 needs like exercising and crutches and knee braces,
25 Q How many times did you see Dr. Freedman? 25 because the medical staff hadn‘t listed anything,
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1 A I have a recollection at least one time. 1 security doesn't have to abide by my conditions.
2 Q At least one? 2 Security overrule any complications that I may have,
3 A Yes. 3 you know. And in terms of if I'm in pain say today,
4 Q Looks as though you may have seen him at 4 you know what I mean, if my knees are swollen,
5 least three times? 5 security would blatantly tell me that I would have
6 A I doubt if it was three, but I know I 6 to walk to chow or I would have to wait.
7 seen him at least once. 7 And even if I see medical, there is
8 Q And what did Dr. Freedman do for you? 8 nothing signed by a doctor indicating that I would
9 A He said he'd like to operate on my lmees 9 have to have crutches or braces; they would either
10 and get the tluid off the knees. He said that was 10 take them away or deny me to have these things. And
11 middle age arthritis, and he said that the bones 11 a lot of times, that's what would happen in these
12 looked a little wore out, you know what I mean? He 12 cases because ——
13 showed me the x—rays and he said he acknowledged 13 Q Is it not true that you threw your knee
14 that I may have a certain amount of pain, but to 14 brace in the trash when you were in the infrrmary?
15 alleviate the problem, you know, it would probably 15 A No.
16 need surgery. 16 Q No?
17 Q Who sent you to Dr. Freedman? 17 A No. Anything such as that matter I would
18 A Dr. Burns. 18 be referred to the psychologist because by me being
19 Q Dr. Burns sent you to a specialist? 19 incarcerated and showing those type of reactions
20 A Yes. 20 would deem a psychological problem, so there is
21 Q For your knees? 21 nothing to excuse any actions of that nature.
22 A Yes. 22 Q So, you did not throw your knee brace
23 Q Did Dr. Burns do anything else for your 23 in the trash?
24 knees? 24 A No. That behavior would not be
25 A No. She didn't do an ¤ ` • U. As a matter 25 tolerated. p
5 (Pages 17 to 20)
KARASCH & ASSOCIATES
SOO-621-5689

case 1 :04-cv—O1205-SLR JQp,ggrEanAig,gZO glad;/1gS/1 8/2006 Page 2 Of 3
Page 21 Page 23
1 Q And you did not sign a refusal for 1 A Yes.
2 crutches? 2 Q And Dr. Burns did send you to Dr.
3 A No, no. 3 Freedman, correct?
4 Q No? 4 A Yes.
5 A No. Anything psychological would be 5 Q And Dr. Freedman is a specialist,
6 deemed abnormal reactions in a situation like this, 6 correct?
7 so I wouldn't act out of the norm knowing that I 7 A Yes.
8 would be put in some type of a reiined -- 8 Q And you saw Dr. Freedman for your knees,
9 Q Is that your signature? 9 correct?
10 A No. That's not my signature. 10 A Yes.
11 Q That's not your signature? 11 Q Isn't it true that Dr. Freedman provided
12 A No. 12 you medical treatment in his ofiice?
13 Q Okay. ls that your signature? 13 A _ No.
14 A Yes. 14 Q No?
15 Q Yes? 15 A No.
16 MS. RODGERS: Could you identify the 16 Q You did not receive any injections in
17 document? 17 your knees?
18 MS. MONZO: Sure. The Hrst document 18 A No.
19 is refusal of treatment which Mr. Simms denies his 19 Q Okay. So, Dr. Bums was providing you
20 signature. The second document is the signature at 20 with treatment, correct?
21 the end of his complaint which he agrees is his 21 A No.
22 signature. 22 Q She was not providing you with any
23 BY MS. MONZO: 23 treatment?
24 Q Okay. Have you ever refused any type of 24 A No.
25 physical therapy? 25 Q You saw her but she was not treating you?
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1 A No. 1 A No. That's the basis of me tiling these
2 Q No? 2 complaints.
3 A No. 3 Q My understanding was that she was
4 Q What exactly is your complaint against 4 treating you but you didn't like the treatment
5 Dr. Burns? 5 that you were getting; you thought you should get
6 A Dr. Biuns, denial of medical treatment, 6 something different?
7 advance medical treatment that's needed to 7 A She seen me, but she wasn't treating me
8 accommodate my intense pain dealing with my 8 because if she was treating me, the situation would
9 symptoms. 9 have been in its final stages of me having surgery
10 Q Did you see Dr. Burns on a regular basis 10 for my knees.
11 regarding the pain in your knees? 11 Q And what do you think surgery for your
12 A I seen her on a regular basis whenever it 12 knees is going to do?
13 was possible. 13 A I was told by Dr. Freedman that I needed
14 Q So, that's yes? 14 surgery to alleviate the dysfunction or the
15 A Yes. 15 abnormalities dealing with my knees, why it keeps
16 Q Yes? 16 swelling and the pain is intense, you lmow, and I
17 A Yes. 17 need crutches for the most part on and off maybe
18 Q And Dr. Burns prescribed medication for 18 because if l'm in an institution and I have to use
19 you for your knees, correct? 19 my legs, you know, for the most part and especially
20 A No. t 20 during the winter months I have intense swelling on
21 Q You did not receive any prescriptions 21 my knees.
22 Hom Dr. Burns? 22 Q Okay. And it's yoLu· position, then, that
23 A At one time I did. 23 Dr. Burns had not given you a knee brace?
24 Q So, yes, Dr. Bums did prescribe 24 A Dr. Burns said that to alleviate this
25 medication for ou? 25 roblem -- ,
6 (Pages 21 to 24)
KARASCH & ASSOCIATES
SOO-621-5689

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Case 1 .04 cv 01205 SLR 12IZO gn led (g8/18/2006
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1 Q Yes? 1 softball and then about a year later you hurt your
2 A Or to help alleviate this problem, he 2 left knee?
3 would have to do surgery. 3 A Well, at the time the right knee because
4 Q Dr. Burns told you that? 4 I slid on the right side. .
5 A No, Dr. Freedman, the orthopedic. 5 Q Uh-huh?
6 Q But I'm asking you, did Dr. Burns give 6 A And that knee was the knee that showed
7 you a knee brace? 7 the most intense pain and the swelling.
8 A No. I didn't get no knee brace. I'm in 8 Q Uh-huh?
9 an institution, and I'm not allowed to have braces 9 A And at that time of the complaint, I
10 coming into the institution for security. 10 didn't actually get medical treatment until three
11 Q Are you dealing me Dr. Bums is a man? 11 days after that incident, after it happened, because
12 A Dr. Freedman, he made requests for me to 12 I believe it was maybe during the holiday or before
13 have braces, but he can't authorize me to have 13 the holiday and there was no doctors or personnel on
14 braces because I'm visiting from the Department of 14 security but maybe just a nurse. There wasn't no
15 Corrections. 15 doctors on at the time.
16 Q Is Dr. Burns a man or a woman? 16 Q What happened in August of 2004,
17 A She's a woman. 17 anything?
18 Q And did Dr. Burns give you a knee brace? 18 A August of 2004?
19 A No. 19 Q Yes?
20 Q Did Dr. Burns give you crutches? 20 A What are you speaking about?
21 A No. 21 Q You said on August 24, 2004, I was denied
22 Q Did Dr. Burns write a memo for a bottom 22 emergency treatment.
23 bunk for you? 23 A Yes.
24 A Yes, she did. 24 Q Tell me about that.
25 Q Okay. 25 A I requested treatment for my illnesses.
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1 A But I didn't get it. 1 And security, once again, said that he is not going
2 Q Okay. You are having problems with both 2 to the medical department, go back to your bunk, and
3 of your knees? 3 he advised me that, he called up there and they
4 A Yes, ma'am. 4 would not be seeing me.
5 Q How did you injure your knees? 5 Q So, you're saying you were not seen by a ~
6 A I injured the knees while incarcerated. 6 doctor on August 24, 20047
7 Q How did you injure them? 7 A No. I was not seen.
8 A During recreation time. 8 MS. MONZO: Okay. I don't think I
9 Q Did you injure them at the same time? 9 have any other questions right now.
10 A Yes. 10 CROSS-EXAMINATION
11 Q You injured both of your knees 11 BY MR. RODGERS:
12 at the same time? 12 Q Mr. Simms, I'm Andrea Rodgers, and I
13 A Yes. 13 represent Dr. Freedman. Can you tell me what you
14 Q What were you doing that caused both of 14 believe Dr. Freedman did wrong?
15 your knees to be injured? 15 A Dr. Freedman, what he did wrong is that
16 A I was running. 16 he is an orthopedic doctor, and I have a great deal
17 Q You were running? 17 of respect for him, but, however, diagnosing my
18 A Yes. 18 problems with my knees and knowing what type of pain
19 Q Were you playing a game? 19 I'm under or enduring with the complication of the
20 A Softball. 20 recurring swelling, he did little or no assistance.
21 Q You were playing softball and you were 21 He offered little or no assistance in terms of
22 running and you hurt both of your knees? 22 getting me emergency care or relaying this
23 A Yes. I slid home base. 23 information to the Department of Corrections,
24 Q Can you tell me why your medical records 24 which is Dr. Burns, and letting her know the
25 su est that ou hurt our ri · t knee while la ' ; 25 information, what he told me in the office, that the
7 (Pages 25 to 28)
KARASCH & ASSOCIATES
800—62l—5689