Cross-Office Team Secures Summary Judgment For Prison Medical Director On Deliberate Indifference, Negligence Claims

Albuquerque, N.M. (October 16, 2023) - New Mexico and Illinois Partner Karie Valentino and New Mexico and Texas Partner Susan E. Briones, with New Mexico Associate Mariam Sher and Illinois Associate Alishba N. Malik, recently secured summary judgment on behalf of the former Medical Director, Darla Bannister, of a New Mexico correctional center, with a federal judge dismissing the plaintiff’s Eighth Amendment deliberate indifference and state-law negligence claims brought by the estate of an inmate who died from cancer-related complications.

Underlying Facts

The lawsuit against Lewis Brisbois’ client, Darla Bannister, the former Medical Director of the Eddy County Detention Center (the “Medical Director”), stemmed from the June 2019 death of an ECDC inmate from complications related to esophageal cancer following his transfer to another correctional facility for treatment. 

At the time of his booking into ECDC in December 2018, the inmate had reported no significant medical history on his medical health screen.  In late December he requested medication for allergies and in February 2019 he requested medication for heartburn.  In late March 2019, the Medical Director was notified the inmate had worsening digestive symptoms, and she ordered lab work. As a result of the labs, she referred him to an outside provider for a GI consultation on April 1, 2019.

Following an evaluation, the outside GI consult provider performed a colonoscopy and endoscopy, which identified a tumor suspicious for esophageal cancer. A biopsy confirmed cancer, and the inmate was referred to an oncologist. When the inmate exhibited symptoms of anemia in April after his cancer diagnosis, the Medical Director, Darla Bannister,  had him sent to the ER,  and prescribed him pain medication. The inmate was subsequently transferred to the Central New Mexico Correctional Facility and continued to receive medical care from outside providers.  He died two months later from cancer-related complications.

The Lawsuit

In October 2021, the personal representative of the inmate’s estate (the “plaintiff”) sued the Medical Director, the Eddy County Detention Center and two ECDC staff nurses, asserting claims for deliberate indifference under the Eighth Amendment and state-law medical negligence. The two nurses and Eddy County Detention Center settled and were dismissed from the suit, leaving the Medical Director, Darla Bannister, as the sole defendant. 

The Medical Director, Darla Bannister, moved for summary judgment on May 5, asserting that the plaintiff had not shown evidence all of the required elements of his claims.

The Ruling

In an October 12 ruling, U.S. District Judge Matthew L. Garcia agreed with the Medical Director that the plaintiff had not shown that she knew of and disregarded an “excessive risk” to the inmate’s safety, as required for an Eighth Amendment deliberate indifference claim.  The Honorable Judge Garcia noted the promptness with which the Medical Director, Darla Bannister, had addressed to the inmate’s medical needs once she was made aware of them. 

“Because she responded and did not delay ordering treatment, it cannot be said that she was deliberately indifferent,” the Honorable Judge Garcia wrote. 

Given his decision to dismiss the plaintiff’s federal claim with prejudice, the Honorable Judge Garcia declined to exercise supplemental jurisdiction over the remaining state-law claim, and dismissed that claim without prejudice and the trial in this matter set for October 23 was dismissed.

For more information on this victory, contact the attorneys involved. Attorneys in our Medical Malpractice Practice are available to assist on similar matters.