Michael Parrott v. Warden (2010)

MEMORANDUM OF DECISION

THE COURT:  This will constitute the decision.

All right.   The Court has reviewed the medical records, listened to the testimony.   It's clear that the petitioner has subjective complaints of constipation.

It is also clear that the Commissioner has attempted to evaluate those subjective complaints, and it does not appear to be that there's any objective medical evidence that would support any active pathology on the part of Mr. Parrott, which is not to say that the complaints-at least as Mr. Parrott believes them to be-are not genuine.

Nevertheless, it doesn't appear that there's any impacted aspect of this in the colon.   There's no distention.   There's no bowel obstruction.   All blood and feces studies appear to be normal.

The respondent has made appropriate attempts to deal with this issue, given the status of the complaint, the symptoms reported, the appropriate medical studies that are available to be performed.

While there may be additional tests that could be performed, such tests are not indicated given the state of the objective medical findings at this point.

The Court is satisfied with the statement of the medical director that Mr. Parrott will continue to be followed, and should there be a change in his condition, further testing may be warranted;  but at this stage, it appears that all appropriate steps are being taken.

Furthermore, the Court notes that a new step to issue fiber supplements to Mr. Parrott is to be commenced at least forthwith.   Cathartics are to continue.

And it appears that the petition is in a position where it should be denied, there being no evidence that the respondent is showing a deliberate indifference to the medical needs of the petitioner.

Given that, Mr. Parrott, I hope that all goes well with you.

(The matter was concluded, and court was adjourned for the day.)

Stanley T. Fuger, Jr.,

Superior Court Judge

Fuger, S.T., J.