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Neutral Court Opinion May 06, 2026

Paul Smith v. Pamela Hart

── Paul Smith v. Pamela Hart ── Court: Court of Appeals for the Seventh Circuit Date: April 30, 2026 Category: General NONPRECEDENTIAL DISPOSITION To be cited only in accordance with FED. R. APP. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted April 28, 2026 * Decided April 29, 2026 Amended April 30, 2026 Before THOMAS L. KIRSCH II, Circuit Judge JOSHUA P. KOLAR, Circuit Judge REBECCA TAIBLESON, Circuit Judge No. 25-1631 PAUL A. SMITH, Appeal from the United States District Plaintiff-Appellant, Court for the Central District of Illinois. v. No. 21-1236 PAMELA E. HART as Administrator of Colleen R. Lawless, the Estate of Andrew H. Tilden, et al., Judge. Defendants-Appellees. ORDER * We have agreed to decide the case without oral argument because the briefs and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. FED. R. APP. P. 34(a)(2)(C). No. 25-1631 Page 2 Paul Smith, an Illinois prisoner, sued Dr. Andrew Tilden, 1 the former Medical Director at Pontiac Correctional Center, along with nurse practitioners Alison Burchardt, Cheryl Hansen, and Sheila Mara, alleging that they were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. 2 See 42 U.S.C. § 1983. The district court entered summary judgment for all defendants. We affirm. We recount the facts in the light most favorable to Smith and draw all reasonable inferences in his favor. See Riley v. Waterman, 126 F.4th 1287, 1295 (7th Cir. 2025). Smith was incarcerated at Pontiac Correctional Center from March 2013 until June 2014, and again from June 2015 until June 2023. Dr. Tilden was the Medical Director at Pontiac when Smith was incarcerated there. During his time at Pontiac, Smith suffered from various medical conditions, including eczema, acid reflux, headaches, and swelling in his legs and feet. To treat Smith’s eczema, prison medical staff administered numerous creams and topical ointments, but when those treatments proved ineffective, they referred him to a dermatologist at the University of Illinois Chicago (UIC). The dermatologist evaluated Smith for eczema and elephantiasis. Dr. Tilden reviewed the dermatologist’s report and implemented all but one of the recommendations— including use of compression stockings, prescriptions for Allegra and Zyrtec, and referring Smith to a cardiologist for an echocardiogram to rule out congestive heart failure. To treat Smith’s acid reflux (and associated symptoms of heartburn), medical staff prescribed various medications, including Zantac, which effectively relieved his symptoms. After the Food and Drug Administration determined Zantac contained unsafe levels of a cancer-causing chemical, Dr. Tilden discontinued Smith’s prescription and instead prescribed Pepcid and Prilosec. These proved less effective than Zantac at controlling Smith’s acid reflux. Smith also suffered from severe headaches and a painful cyst on his left temple. To treat the headaches, medical staff progressed through seven different medications, but none provided relief for Smith’s symptoms. Dr. Tilden eventually prescribed an 1 Dr. Tilden died during the litigation and the court granted Smith’s unopposed motion to substitute Pamela Hart as the administrator of Dr. Tilden’s estate. 2 Smith also sued physician assistants James Caruso and Riliwan Ojelade. The district court concluded those claims were time-barred
CourtListener · Apr 30, 2026
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