Gomez

ORDER DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

On August 17, 2000, this Court heard argument on defendants’ motion for judgment on the pleadings. Having carefully considered the arguments of the parties and the papers submitted, the Court hereby DENIES defendants’ motion for the reasons set out below.

BACKGROUND

Silvester Gomez, until recently an inmate at Pelican Bay State Prison (“PBSP”), filed this civil rights action under 42 U.S.C. § 1983 , claiming that defendants were deliberately indifferent to his need for medical care. In his complaint, Gomez alleges that on October 10, 1995, he had an appointment to see Dr. Gard, a physician at PBSP. Plaintiff complained of sinus problems and longstanding headaches. Dr. Gard ordered, among other things, a blood test. Although Gomez tested positive for both hepatitis “A” and “C” antibodies in that blood test, he claims that he was not immediately informed of the results. Gomez saw several medical care providers over the next couple of years for various problems, including pain in his lower abdomen, but was not told that he had hepatitis C until October 1997. On September 30, 1997, Dr. Sands ordered blood tests for…