Cecilia Fraher v. Dr. R. Mitchell

Good Law
667 F. App'x 628
United States Court of Appeals for the Ninth CircuitJune 29, 201614-16228California664 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Cecilia Fraher is an inmate in the custody of the California Department of Corrections and Rehabilitation. She brings this 42 U.S.C. § 1983 action against Defendant-Appellees Mitchell and Le-a medical doctor and nurse, respectively—alleging inadequate medical treatment in violation of her Eighth Amendment right to be free from cruel and unusual punishment. The district court granted defendants’ motion for summary judgment. Possessed of jurisdiction pursuant to 28 U.S.C. § 1291 , we affirm.

In July of 2009, Fraher underwent an emergency heart valve replacement procedure to replace her artificial heart valve. Fraher alleges that as a result of that surgical procedure, she now suffers permanent physical disability. In the months preceding that surgery, Fraher reported on at least six occasions to the two defendants complaining of flu-like symptoms. She alleges those symptoms were tell-tale signs of a potentially life-threatening infection of the heart known as endocarditis, which is particularly common and problematic in those with artificial heart valves. According to Fraher, had defendants properly diagnosed her with and treated her for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.