Opinion
# 2019-051-502 Claim No. 118751
01-31-2019
INJAH TAFARI v. STATE OF NEW YORK
INJAH TAFARI, PRO SE HON. LETITIA JAMES New York State Attorney General BY: MICHAEL T. KRENRICH, ESQ. Assistant Attorney General
Synopsis
Case information
| UID: | 2019-051-502 |
| Claimant(s): | INJAH TAFARI |
| Claimant short name: | TAFARI |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 118751 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | DEBRA A. MARTIN |
| Claimant's attorney: | INJAH TAFARI, PRO SE |
| Defendant's attorney: | HON. LETITIA JAMES New York State Attorney General BY: MICHAEL T. KRENRICH, ESQ. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 31, 2019 |
| City: | Rochester |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
This decision follows a trial of the claim sounding in medical malpractice and denial of medical care by an inmate proceeding pro se, which was conducted by a 3-way video conference on July 30, 2018 with the claimant appearing at Attica Correctional Facility, the defense attorney and defendant's witness at Upstate Correctional Facility and the Court sitting in Rochester, New York.
Claimant seeks an order requiring DOCCS to provide to him the following medicines and products, and for monetary compensation for the discontinuance by DOCCS physician Dr. Adams of: Ultram, Flexeril, multivitamins, vitamin E capsules, Eucerin skin cream and vitamin E lotion. He claims these medications and skin products were previously prescribed by another doctor in December 2009, but that the medicines were terminated on June 10, 2010 and the creams on July 29, 2010 by Dr. Adams upon claimant's transfer to Upstate Correctional. He testified that Ultram was never re-prescribed although he was offered Tylenol for back pain, but the creams have been re-prescribed. Without the Ultram, he suffered from excruciating pain and recurrence of his skin condition, Bowenoid papulosis, requiring cryosurgery.
Nurse Administrator Nancy Smith testified for the defendant regarding claimant's medical records, Ex. A. The records indicated that the Ultram was discontinued February 24, 2010 because it was suspected to be exacerbating his chronic constipation condition, and not re-prescribed, thereby contradicting the allegations in the claim that it was discontinued on June 10, 2010. The records further indicated that claimant refused Flexeril, a muscle relaxant, on June 26, June 30, July 15, July 19, August 3, August 5, and August 6, 2010, on which date it was discontinued by Dr. Adams for the continued refusals, per DOCCS policy.
The vitamin E and Eucerin creams were discontinued on July 26, 2010 upon the discovery that claimant was hoarding unauthorized quantities, per DOCCS policy, although claimant testified that he has since been provided these items. Multivitamins and vitamin E were discontinued on June 12, 2010 by the doctor due to "no medical indication", which required blood work to establish. Claimant refused the blood work on June 21, 2010.
Claimant argued that the cell search that resulted in a finding of hoarding resulted in a misbehavior report that was later overturned, thereby calling into question the veracity of the entry in the medical records. --------
Decision
Claimant bears the burden of proving his claim by a preponderance of the evidence which he failed to do. The claim is limited to the allegation that Dr. Adams discontinued medications, vitamins and creams on June 10, 2010 and July 29, 2010. The medical records establish that the Flexeril and vitamins were discontinued either because the claimant refused to comply with DOCCS policy by continuing to refuse to take the medication and to allow blood work. The creams were discontinued due to an allegation of hoarding but subsequently reinstated, without proof by claimant of how long the deprivation occurred or to any damages resulting therefrom. Ultram was discontinued based on the medical opinion of the doctor that it exacerbated his chronic constipation. To challenge that action, claimant needed to produce expert testimony:
"Where medical issues are not within the ordinary experience and knowledge of lay persons, expert medical opinion is a required element of a prima facie case of medical malpractice (see, Ferretti v Town of Greenburgh, 191 AD2d 608, 611). If the claimant fails to present expert medical opinion in support of the claim, the claim must be dismissed (see, Romano v St. Vincent's Med. Ctr., 178 AD2d 467, 470)."
(Wells v State of New York, 228 AD2d 581, 582 [2d Dept 1996].)
Conclusion
Claimant has failed to prove his claim by a preponderance of the credible evidence. This claim is dismissed and the clerk is directed to enter judgment accordingly.
January 31, 2019
Rochester, New York
DEBRA A. MARTIN
Judge of the Court of Claims