Posts Tagged ‘hospitals’

“Halliburton”, gang rape, and fear of arbitration: the Jamie Leigh Jones case

(Update, December 16: And welcome, Consumerist readers. For more on the anti-consumer campaign against arbitration, see the Overlawyered arbitration section. Consumerist’s headline “Mandatory Binding Arbitration Means Alleged Halliburton Rapists Could Go Free” is entirely false. Aside from the fact that it does not appear the alleged rapists worked for Halliburton, the issue of whether Jones is contractually obligated to arbitrate her employment dispute with her employer is entirely unrelated to whether the government underinvestigated a criminal complaint against rapists. They are two entirely separate issues. It’s not the first time that Consumerist has reprinted misleading arguments against arbitration—a shame, because mandatory binding arbitration helps consumers, and Consumerist should care more about consumers than the trial lawyers who are lobbying for an anti-consumer law.)

In February 2006, Jamie Leigh Jones filed an arbitration complaint, complaining that, for her administrative assistant job with KBR in the Iraq Green Zone, she was placed in an all-male dorm for living arrangements, and a co-worker sexually assaulted her. (KBR says the co-worker claimed the sex was consensual, though Jones claims physical injuries, such as burst breast implants and torn pectoral muscles, that are plainly not consistent with consensual sex. The EEOC’s Letter of Determination credited the allegation of sexual assault.)

Fifteen months later, after extensive discovery in the arbitration, Jones, who lives in Houston, and whose lawyer is based in Houston, and who worked for KBR in Houston, sued KBR and a bunch of other entities (including Halliburton, for whom she never worked, and the United States), in federal court in Beaumont, Texas. The claims were suddenly of much more outrageous conduct: the original allegation of a single he-said/she-said sexual assault was now an allegation of gang rape by several unknown John Doe rapists who worked as firemen (though she did make a claim of multiple rape to the EEOC, though it is unclear when that claim was made); she claims that after she reported the rape, “Halliburton locked her in a container” (the EEOC found that KBR provided immediate medical treatment and safety and shipped her home immediately) and she threw in an allegation that a “sexual favor” she provided a supervisor in Houston was the result of improper “influence.” (But she no longer makes the implausible claim that she was living in an all-male dorm in Iraq.)

The US got the claim dismissed quickly (Jones hasn’t yet followed the appropriate administrative claims procedure); the case was transferred back to Houston where it belonged (the trial lawyer’s ludicrous brief in opposition didn’t help). But the fact that the defendants are pointing out that the lawsuit over a pending arbitration violates 28 U.S.C. § 1927 and are asking for the court to mandate only one single proceeding in arbitration rather than a multiplicity of parallel proceedings, is now being treated as a cause célèbre by the left-wing blogosphere in its campaign against the contractual freedom to arbitrate. (Note that two elements explicitly designed to arouse the ire and inflame the passions of the left—Halliburton and gang-rape—only came about after Jones switched attorneys.)

The Public Citizen blog complains that “the allegations of corporate and governmental misconduct will never see the light of day” in arbitration. Which is absurd:

1) For crying out loud, her case is on 20/20, which, as is its ken, happily unquestioningly gives the plaintiffs’ opening statement in handy manipulative video newsertainment form without mentioning any of the counterevidence. That sort of widespread publicity is hardly the lack of “light of day.” (Update, Dec. 15: the KBR arbitration procedure provides a transcript without confidentiality restrictions, permitting exactly the same publicity as an open court proceeding.)
2) If the government fails to offer Jones an adequate settlement for their alleged bungling of the criminal investigation, she has recourse under the Federal Tort Claims Act against the federal government—though she likely will not have any more recourse against them than any other criminal victim does when the government fails to protect them against crime or prosecute the criminal.
3) If the court system is about having recourse for injuries, she has that recourse. The judicial system is not for public storytelling; if you want to send a message, use Western Union (or ABC News, as the case may be).

20/20 repeats the meaningless claim that “In recent testimony before Congress, employment lawyer Cathy Ventrell-Monsees said that Halliburton won more than 80 percent of arbitration proceedings brought against it”—meaningless because (1) it doesn’t include the cases that settle before arbitration with a favorable result to the employee and (2) there’s no comparison with how well such employees would do in the far more expensive forum of litigation (where the vast majority of employees lose at trial as well). (Update, Dec. 16: KBR (which is not Halliburton) says that 96% of employee claims settle before they get to an arbitrator.)

20/20 also adds the claim (absent in the arbitration and in the otherwise-lurid civil complaint) that Jones was threatened that she would be fired if she sought medical treatment.

Read On…

December 10 roundup

November 28 roundup

All-medical edition:

  • Shocker for New York docs: possible assessment of $50K apiece to make up losses at nonprofit med-mal insurer [White Plains Journal-News Chamber reprint]
  • Dr. Ray Harron, a central figure in furor over mass asbestos and silicosis screenings, seems rather hard to locate at the moment, though he does have a lawyer speaking on his behalf [NY Times, WV Record]
  • Another push to raise the threshold of liability for emergency room care in Arizona [AZ Business Gazette]
  • End run around Roe? Some state legislatures attaching sweeping new tort liabilities to the provision of abortions [Childs]
  • Three nominees for worst-founded medical lawsuit, lamentably unsourced [Medical Justice]
  • Spokane psychiatrist shouldn’t have engaged in romantic (though not sexually consummated) dalliance with forty-ish patient; that much is clear. But should she now get cash? [AP/Seattle Times]
  • “Baby falls to floor during home delivery, mom sues hospital for too-early discharge” [SE Texas Record]
  • A sensitive subject: malpractice and doctors’ suicides [KevinMD, a while back]
  • “If the ‘loser pays’ system is so bad, why do most other countries keep it around instead of switching over to an ‘Americanized’ system of tort law?” [WhiteCoat Rants]
  • Hospital, ambulance service among those sued after fatal crash of NFL’s Derrick Thomas [seven years ago on Overlawyered]

November 13 roundup

  • Ethical questions for Vioxx lawyers [WSJ law blog] And who’s going to make what? [same; more from Ted at PoL]
  • American lawyers shouldn’t get all self-congratulatory about the courage shown by their Pakistani counterparts [Giacalone; more]
  • Just another of those harmless questionnaires from school, this time about kindergartners’ at-home computer use. Or maybe there’s more to it [Nicole Black]
  • Probe of personal injury “runners” bribing Gotham hospital staff to chase business nets another conviction, this one of a lawyer who stole $148,000 from clients [NYLJ; earlier]
  • Facebook sometimes sends text messages to obsolete cellphone numbers relinquished by its users, so let’s sue it [IndyStar]
  • Series on defensive medicine at docblog White Coat Rants [first, second, third]
  • Arm broken by bully, student wins $4 million verdict against Tampa private school; bully himself not sued [St. Petersburg Times]
  • Washington, D.C. reportedly doing away with right to contest a traffic parking ticket in person [The Newspaper, on “the politics of driving”]
  • “Walking headline factory” Scruggs to be arraigned November 20 [Rossmiller]
  • More on whether government’s refusal to alter paper currency discriminates against the blind [Waldeck, ConcurOp via Bader; earlier]
  • Eric Turkewitz hosts a truly marathon Blawg Review #134 [NY Pers Inj Law Blog]

Varieties of (medically hazardous) religious experience

In both of which cases the hospital is being targeted for blame:

About a year ago, Linda Long was attending the East London Holiness Church in London, Ky. That’s one of a handful of churches in the country that practice snake handling, which is exactly what it sounds like it is — congregation members handle venomous snakes in the belief that the faithful will not be harmed.

Long was bitten in the cheek by a rattlesnake and died — and now her family is suing the hospital where she was brought for treatment.

In a suit filed earlier this month, Long’s family alleges employees of a London, Ky. hospital ridiculed Long when she was brought there after the attack and failed to treat her in a timely manner. She later was airlifted to the University of Kentucky Medical Center, where she died.

(“Family of ‘snake handling’ victim sues hospital”, USA Today “On Deadline” blog, Nov. 9; Michelle Cottle, New Republic “The Plank”, Nov. 11).

Meanwhile, in Britain, Anthony Gough, 24, says he is considering legal action in the death of his wife, Emma, following the birth of twins at the Royal Shrewsbury Hospital. The Goughs are members of the Jehovah’s Witnesses sect which opposes blood transfusions on religious grounds and Emma had refused such a transfusion; doctors had in vain urged Gough to override his wife’s wishes. Gough says a machine would have permitted self-transfusion of his wife’s blood but that hospital staff did not know how to use it. (Andrew Parker, “Jehovah hubby: I blame doctors”, The Sun (U.K.), Nov. 7)

Lawsuit demands drugstores hire bilingual interpreters

Immigrant advocacy groups are filing a complaint with the New York attorney general’s office naming 16 pharmacies in Brooklyn, Queens and Long Island, claiming “that federal civil rights law and state health regulations require pharmacies to provide linguistic help” to “people who speak little or no English”. “That assistance should include interpreters at pharmacies and written translations of medication instructions, the advocates say.” The advocacy groups are New York Lawyers for the Public Interest, the New York Immigration Coalition and Make the Road New York.

It seems a creative reinterpretation of “national origin discrimination” has been going on for some time:

Health advocates have increasingly used federal civil rights law to push hospitals, nursing homes and clinics to provide language services. Language barriers to health services constitute discrimination based on national origin, they argue, a violation of federal civil rights law, which applies to hospitals because they receive federal funds through Medicare and other programs.

The latest effort aims to expand similar requirements to pharmacies.

As of the year 2000, according to one report, 138 languages were known to be spoken in the borough of Queens alone. (Anne Barnard, “Non-English Speakers Charge Bias in Prescription Labeling”, New York Times, Oct. 31).

UK: False accuser wins settlement

Scotland: “A woman who falsely accused her father of rape after undergoing a discredited form of therapy has received an out-of-court settlement.” Katrina Fairlie underwent “recovered memory” therapy in Perth and proceeded to level unfounded allegations of sexual abuse at her father, an elected official. “She later said those claims were completely untrue and a police investigation found there was no evidence of abuse,” but in the mean time the allegations “had ruined her and her family’s lives”. The father sued the National Health Service-run psychiatric hospital but a court dismissed his case on the grounds “after ruling that the trust did not owe a duty of care to Mr Fairlie as a relative of a patient”. Ms. Fairlie was more successful in her claim, netting a reported £20,000, though the NHS admitted no liability. (“Settlement for bogus abuse woman”, BBC, Oct. 20).

There’s money in glass-eating, son

“A man was sentenced Thursday to more than five years in jail for his role in a multistate insurance fraud scheme in which federal prosecutors said he and his wife intentionally ate glass fragments and collected more than $200,000 in compensation.” Ronald Evano, 49, and his wife defrauded restaurants, grocery stores, and insurers around the Northeast by claiming there was glass in the food they ate and obtaining liability settlements; they were treated more than a dozen times for glass ingestion, and proceeded to stiff the doctors and hospitals too, declining to turn over any of the settlement money to them. Cultural-sensitivity bonus: “Evano asked the judge for mercy, saying in court that he and his wife are members of the minority Roma community, and needed the money to pay for dowries and other costs associated with the marriages of his sons under cultural practices.” (“Man jailed for 63 months in glass-eating fraud scheme”, AP/Boston Globe, Oct. 4).

A conversation in the ER

Covering one’s legal posterior in emergency medicine: “This ER doc was about to turn an $800 ER visit into a $4,000 hospital admission. Now imagine this happening all over the country in multiple variations and degrees of absurdity tens of thousands of times EVERY DAY.” (Chris Rangel, Sept. 27). Plus: London ambulance driver visits San Francisco, is chagrined to see paramedics engage in elaborate immobilization of minor collision victim (Random Acts of Reality, Aug. 14 and Aug. 16; via KevinMD).

September 23 roundup