PHILADELPHIA – An inmate at the Bucks County Correctional Facility alleges he was denied adequate and timely medical care, when he suffered a broken heel after falling from the furniture in his cell.
Aliksandr Poludzen of Warrington filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Feb. 8 versus Bucks County, PrimeCare Medical, David L. Kratz, James M. Coyne, John Doe Corrections Officers and John Doe PrimeCare Medical Providers, all of Doylestown.
“On or about Feb. 4, 2022, Bucks County contracted with PrimeCare to provide health care to all prisoners and pretrial detainees housed in the Bucks County Prison System. Bucks County, along with PrimeCare, were responsible for creating, implementing and enforcing policies, practices and procedures to ensure that all pretrial detainees and prisoners were provided proper medical and healthcare while in their custody. On or about Feb. 4, 2022, plaintiff Aliksandr Poludzen was a prisoner in the Bucks County Prison System, following criminal charges. During plaintiff’s incarceration, he fell from furniture in his cell. As a result of the fall, plaintiff fractured his heel,” the suit says.
“Plaintiff immediately complained and asked for medical attention. Plaintiff’s complaints and requests for medical care were denied. Eventually, John Doe medical staff defendants saw plaintiff, but his care was denied or delayed. John Doe medical staff defendants confirmed that plaintiff had a fracture in his heel. However, John Doe medical staff defendants did not provide any care to plaintiff. On or about March 7, 2022, approximately six weeks after the incident, plaintiff was removed from the facility and sent to Abington Hospital. Once at Abington Hospital, doctors immediately recognized the fracture and sent plaintiff immediately to surgery to repair plaintiff’s fractured heel.”
The suit adds that as a result of the delay and denial of care at the Bucks County Prison, a “far more invasive procedure” was performed at Abington Hospital. This was due, allegedly, to the delay in care by the defendants, causing the plaintiff’s broken bone to begin to heal. Subsequently, the surgeon was forced to “re-break” the plaintiff’s heel, so he could adequately perform surgery to repair the bone.
“Based upon information and belief, had plaintiff been immediately treated for his fractured heel, a far less invasive surgery could have been conducted on plaintiff, and he could have made a full recovery. Plaintiff’s mobilization is limited as a result of the lack, denial, and delay of care by the defendants. As a result of the lack, denial, and delay of care by the defendants, the procedure performed on or about March 7, 2022, was far more invasive, and the prognosis for a full recovery is doubtful. As a direct and proximate cause of defendants’ actions and inactions, plaintiff suffered immense physical injuries. Defendants Katz and Coyne were the decision-makers for the Bucks County Prison at the time of the incident,” the suit states.
“Plaintiff hereby alleges defendants Katz and Coyne were personally involved in the decision-making that led to the averments contained in the aforementioned paragraphs. Bucks County and PrimeCare failed to create, implement, and enforce policies, practices and procedures to ensure that proper care was provided to the plaintiff. Bucks County and PrimeCare failed to ensure medical personnel properly examined inmates complaining of physical health complaints while incarcerated. Bucks County and PrimeCare failed to provide medical personnel and staff to treat inmates with physical complaints and medical conditions while living in the Bucks County Prison System.”
For counts of failure to protect and denial of medical care under the Eighth Amendment to the U.S. Constitution and 42 U.S.C. Section 1983, supervisory liability and municipal liability under the Fourteenth Amendment to the U.S. Constitution and 42 U.S.C. Section 1983, plus state law claims of negligence and vicarious liability, the plaintiff is seeking compensatory damages in excess of $5,000,000, delay damages, interest, attorney’s fees and allowable costs of suit, along with a trial by jury.
The plaintiff is represented by Brian J. Zeiger of Levin & Zeiger, in Philadelphia.
Defendant PrimeCare Medical is represented by John R. Ninosky of Marshall Dennehey Warner Coleman & Goggin, in Camp Hill.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-00505
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com