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Willoya v. State8/30/2002
No. 5622
I. INTRODUCTION
Bryan Willoya was incarcerated at Spring Creek Correctional Center when he was diagnosed with ulcerative colitis that required surgery. Willoya brought a negligence claim against the State of Alaska and the personnel that treated him. After the superior court allowed Willoya's attorney to withdraw, Willoya filed multiple motions requesting the appointment of counsel, the appointment of an expert, and the appointment of a special master, all of which were denied by the superior court. The superior court then granted the state's motion for summary judgment, which was supplemented with expert affidavits, because Willoya failed to offer expert testimony that the state was negligent in its treatment of his condition. Because the superior court properly dismissed Willoya's claim in the absence of medical testimony to contradict the state's experts and because Willoya was not entitled to court-appointed counsel, experts, or a special master, we affirm the rulings of the superior court.
II. FACTS AND PROCEEDINGS
A. Facts
Bryan Willoya was an inmate at Spring Creek Correctional Center (Spring Creek) during the time period that is relevant to this appeal. During his incarceration, Willoya complained of various health problems. On November 10, 1997 Willoya complained of blood in his stools. Willoya was seen by physician's assistant David L. Popken who diagnosed Willoya with hemorrhoids and treated him with stool softener and fiber.
Willoya again complained of rectal bleeding on November 16 and was seen by a nurse. The next morning Willoya was seen by Popken who recommended a barium enema, for diagnostic purposes, but still diagnosed Willoya with hemorrhoids. Popken also recommended that Willoya be seen by Dr. Robert S. Fox. Dr. Fox examined Willoya on November 18 and agreed with Popken's recommendation for a barium enema. Dr. Fox also found that Willoya's bowels were inflamed.
On November 24 Willoya was admitted to the prison infirmary for preparation for the barium enema. Willoya had a barium enema on November 25 at Providence Seward Hospital. The results of the barium enema required follow up, but not on an emergency basis. On December 1, 1997 Popken requested that a colonoscopy be performed in the next couple of days to rule out any abnormalities. Popken also decided to keep Willoya at Spring Creek until closer to the date of the colonoscopy before transferring him to Anchorage. Popken started Willoya on antibiotics and anti-inflammatories on December 2.
Willoya was in the prison infirmary from December 1 through December 7 where he was monitored closely. On December 7 Willoya's condition worsened when he started experiencing significant pain and abdominal cramping and his temperature rose to 101ยง. Dr. Fox examined Willoya that same day and diagnosed him with severe refractory colitis, a serious, life-long disease that causes an inflammation of the intestines. Dr. Fox ordered Willoya to be transferred to Providence Hospital in Anchorage on an emergency basis that day to Dr. Steve Kilkenny for a surgical consult and in-patient treatment. Upon his arrival at Providence, Willoya was seen by Dr. Richard Buchanan, an internal medicine specialist. A computer tomography radiographic exam (CT scan) was performed on Willoya on December 8. Dr. Kilkenny then ordered surgical intervention because the CT scan showed that Willoya suffered from severe ulcerative colitis involving his entire colon and appendix. A total colectomy with proctectomy and ileostomy was performed.
B. Proceedings
On August 12, 1999 Willoya filed a suit in the superior court against the Depart
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