Amended Answer of St. Elizabeth (Filed)

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Dianne Murray, Boone Circuit

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COMMONWEALTH OF KENUCKY
BOONE CIRCUIT COURT
FIRST DIVISION
CASE NO. 15-CI-1165
PATSY HENSLEY
PLAINTIFF
VS.
ST. ELIZABETH MEDICAL CENTER, INC., et al.
DEFENDANTS
FIRST AMENDED ANSWER TO PLAINTIFFS COMPLAINT

(Electronically Filed)
Come now Defendants, Saint Elizabeth Medical Center, Inc., d/b/a St. Elizabeth Medical
Center, Inc., d/b/a Saint Elizabeth Healthcare, d/b/a St. Elizabeth Healthcare, d/b/a Saint
Elizabeth Florence, d/b/a St. Elizabeth Florence (St. Elizabeth Medical Center); John Eason;
Anthony Alvarez, M.D. (Dr. Alvarez); St. Elizabeth Physician Services, LLC and John Doe
(collectively referred to as Defendants), and for their First Amended Answer to Plaintiffs
Complaint, state as follows:
1.
In response to Paragraph 1 of the Complaint, Defendants state that KRS 202.011
and 901 KAR 20:180 do not exist. Defendants admit that St. Elizabeth Medical Center is a hospital
operating a psychiatric facility and psychiatric unit for the provision of mental health services.
Defendants lack knowledge or information sufficient to form a belief as to the truth or falsity of
the remaining allegations in Paragraph 1 of the Complaint.
In response to Paragraph 2 of the Complaint, Defendants admit that St. Elizabeth
Physician Services, LLC is a Kentucky corporation with a primary place of business in Kentucky
but deny that it provides services to patients at St. Elizabeth Medical Center. Defendants lack
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2.
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knowledge or information sufficient to form a belief as to the truth or falsity of the remaining
allegations in Paragraph 2 of the Complaint.
3.
Defendants admit the allegations in Paragraph 3 of the Complaint.
4.
does not exist. Defendants admit that Timothy Love, M.D., is a licensed physician specializing in
emergency medicine but deny that he is an agent of any of these Defendants. Defendants lack
knowledge or information sufficient to form a belief as to the truth or falsity of the remaining
allegations in Paragraph 4 of the Complaint.
5.
does not exist. Defendants admit that Dr. Alvarez is a licensed physician specializing in mental
health and is an agent of St. Elizabeth Medical Center but deny that he is an agent of any other of
these Defendants. Defendants lack knowledge or information sufficient to form a belief as to the
truth or falsity of the remaining allegations in Paragraph 5 of the Complaint.
6.
does not exist. Defendants admit that John Eason is an agent of St. Elizabeth Medical Center but
deny that he is an agent of any other of these Defendants. Defendants lack knowledge or
information sufficient to form a belief as to the truth or falsity of the remaining allegations in
Paragraph 6 of the Complaint.
7.
Defendants lack knowledge or information sufficient to form a belief as to the truth
8.
In response to Paragraph 8 of the Complaint, Defendants deny that Robin McGee
is a Patient Care Coordinator but admit that she is an agent of St. Elizabeth Medical Center.
Defendants deny that she is an agent of any other of these Defendants. Defendants lack knowledge
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or falsity of the allegations in Paragraph 7 of the Complaint.
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or information sufficient to form a belief as to the truth or falsity of the remaining allegations in
9.
In response to Paragraph 9 of the Complaint, Defendants admit that Registered
Nurse Robert Richter is an agent of St. Elizabeth Medical Center but deny that he is an agent of
any other of these Defendants. Defendants lack knowledge or information sufficient to form a
belief as to the truth or falsity of the remaining allegations in Paragraph 9 of the Complaint.
10.
Nurse Heather Kuchle is an agent of St. Elizabeth Medical Center but deny that she is an agent of
11.
Nurse Tammy White is an agent of St. Elizabeth Medical Center but deny that she is an agent of
12.
Nurse Karen Dickerson is an agent of St. Elizabeth Medical Center but deny that she is an agent
of any other of these Defendants. Defendants lack knowledge or information sufficient to form a
13.
In response to Paragraph 13 of the Complaint, Defendants admit that Patient Care
deny that she is an agent of any other of these Defendants. Defendants lack knowledge or
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Coordinator Supervisor Wendie Parrot-Morgan is an agent of St. Elizabeth Medical Center but
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14.

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does not exist. Defendants lack knowledge or information sufficient to form a belief as to the truth
or falsity of the remaining allegations in Paragraph 14 of the Complaint.
15.

16.
Defendants lack knowledge or information sufficient to form a belief as to the
truth or falsity of the allegations in Paragraph 16 of the Complaint.

17.

19.
(Missing Paragraph 18) In response to Paragraph 19 of the Complaint, Defendants
admit that Plaintiff presented to the St. Elizabeth Emergency Department in Florence, Kentucky,
on September 9, 2014. Defendants lack knowledge or information sufficient to form a belief as to
the truth or falsity of the remaining allegations in Paragraph 19 of the Complaint.
20.
In response to Paragraph 20 of the Complaint, Defendants admit that according to
the medical record, upon presentation Plaintiff reported stress at work and indicated that her
previous doctor had relocated. Defendants lack knowledge or information sufficient to form a
21.
Defendants deny the allegations in Paragraph 21 of the Complaint.
22.
In response to Paragraph 22 of the Complaint, Defendants deny that Robin McGee
23.
In response to Paragraph 23 of the Complaint, Defendants state that the medical
record contains an Emergency Department Note indicating that Plaintiff consented to a
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is a Patient Care Coordinator. Defendants lack knowledge or information sufficient to form a
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telephsych evaluation, as well as an Authorization to Participate in Mental Health

Consultation/Assessment Via Video Conference executed by Plaintiff. Defendants deny that said
records falsely suggest Plaintiffs consent.
24.
25.
26.

27.

28.

29.
record contains an Emergency Department Note from John Eason indicating that Patient Logistics
advises admission to Florence MHU. Defendants lack knowledge or information sufficient to
form a belief as to the truth or falsity of the remaining allegations in Paragraph 29 of the Complaint.
30.
record contains an Emergency Department Note from John Eason that is consistent with the
allegations in Paragraph 30. Defendants deny that said Note falsely suggest[s] the actual
information provided by Plaintiff.

32.
record contains an Emergency Department Note from John Eason indicating that he had a
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31.
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discussion with Care Coordinator Supervisor, Wendie Parrot-Morgan.
Defendants lack
knowledge or information sufficient to form a belief as to the truth or falsity of the allegations in
33.
34.
record contains an Emergency Department Provider Note consistent with the allegations in
Paragraph 34. Defendants deny that said Provider Note falsely suggest[s] the actual
information provided by Plaintiff.
35.
record contains a Consent to Voluntary Admission and Hospitalization executed by Plaintiff.

Defendants deny that said consent form falsely reflect[s] Plaintiffs consent. Defendants admit
that Plaintiff was escorted to the Mental Health Unit by a security guard.
36.
the medical record, Plaintiff asked to leave the Mental Health Unit. Defendants lack knowledge
or information sufficient to form a belief as to the truth or falsity of the remaining allegations in
37.
In response to Paragraph 37 of the Complaint, Defendants state that according to
the medical record, Plaintiff remained in the Mental Health Unit until September 10, 2014,
pursuant to a 72 Hour Involuntary Hospitalization executed by Dr. Alvarez on September 9,
of the remaining allegations in Paragraph 37 of the Complaint.

38.
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2014. Defendants lack knowledge or information sufficient to form a belief as to the truth or falsity
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39.

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the medical record, Nelson Tauro, M.D., initially planned to [c]ontinue hospitalization as the
least restrictive means for providing care on September 10, 2014. Defendants admit that
according to the medical record, Nelson Tauro, M.D., ultimately discharged Plaintiff on
September 10, 2014, and that the Discharge Summary is consistent with the allegations in
Paragraph 39. Defendants lack knowledge or information sufficient to form a belief as to the
truth or falsity of the remaining allegations in Paragraph 39 of the Complaint.
40.
41.

42.

43.
In response to Paragraph 43 of the Complaint, Defendants admit that Plaintiff
contacted St. Elizabeth Medical Center and complained about information being given to her
employer. Defendants deny that said information was false. Defendants lack knowledge or
44.
In response to Paragraph 44 of the Complaint, Defendants state that a letter dated
September 11, 2014, was sent to Plaintiff and that said letter is consistent with the allegations set
form a belief as to the truth or falsity of the remaining allegations in Paragraph 44 of the
Complaint.
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forth in Paragraph 44 of the Complaint. Defendants lack knowledge or information sufficient to
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In response to Paragraph 45 of the complaint, Defendants admit that according to
the medical record, Dr. Alvarez executed a 72 Hour Involuntary Hospitalization on September
9, 2014, at 7:15 p.m. Defendants deny that said document was not scanned into Plaintiffs
medical record until September 13, 2014.
46.
In response to Paragraph 46 of the Complaint, Defendants state that the pre-
printed portion of the 72 Hour Involuntary Hospitalization states that the executing physician
has examined the subject patient. Defendants lack knowledge or information sufficient to form a
47.
48.
Defendants reiterate and reaffirm their answers to Paragraphs 1 through 47 of
Plaintiffs Complaint as if fully set out herein.

49.

50.

51.
52.
53.
54.

55.
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56.
57.
58.

59.

60.
61.
62.

63.
64.
65.
66.
the medical record, Plaintiff admitted using marijuana. Defendants admit that Dr. Tauro ordered
that Plaintiffs urine be screened for drugs of abuse. Defendants lack knowledge or information
sufficient to form a belief as to the truth or falsity of the remaining allegations in Paragraph 66 of
the Complaint.
67.
Defendants lack knowledge or information sufficient to form a belief as to the truth or falsity of
the remaining allegations in Paragraph 67 of the Complaint.
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the medical record, the drugs of abuse test resulted in a presumptive positive for cannabinoid.
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69.

70.

71.

72.

73.
74.
75.

76.
In response to Paragraph 76 of the Complaint, Defendants admit that Timothy
Love, M.D., and Dr. Alvarez owed Plaintiff a duty to ensure that informed consent was obtained
before providing services using telehealth.
77.
In response to Paragraph 77 of the Complaint, Defendants admit that Timothy
Love, M.D., and Dr. Alvarez owed Plaintiff a duty to ensure that her medical information
78.
79.
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remained confidential.
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80.

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81.
82.
83.
84.
In response to Paragraph 84 of the Complaint, Defendants state that KRS
202A.101 does not require Defendants to provide any type of notification to Plaintiff.
Defendants deny the remaining allegations in Paragraph 84 of the Complaint.
85.
86.

87.

88.
89.
90.
91.
92.
93.

94.
95.
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96.
97.
The allegations of the Complaint not specifically addressed above are expressly
denied.
FIRST AFFIRMATIVE DEFENSE
98.
Plaintiffs Complaint fails to state a claim against these Defendants upon which
relief can properly be granted.

SECOND AFFIRMATIVE DEFENSE
99.
Plaintiffs damages were caused by an unforeseeable, superseding and/or
intervening cause or causes and/or the acts of third parties, for which causes and for whose acts
these Defendants are not liable.
THIRD AFFIRMATIVE DEFENSE
100.
Plaintiff has failed to join indispensable parties needed under Rule 19 or 19.1 of
the Kentucky Rules of Civil Procedure.

FOURTH AFFIRMATIVE DEFENSE
101.
Plaintiffs claims are barred by the applicable Statute of Limitations.

FIFTH AFFIRMATIVE DEFENSE
102.
At the time and upon the occasion mentioned in the Complaint, the Plaintiff was
herself negligent, which negligence was a substantial factor in causing the injuries and damages
of which the Plaintiff complains, if there were any, which is specifically denied, and but for said
and could not have occurred, and therefore, such contributory negligence shall reduce the
amount of the award, if any, either totally or in the proportion that such contributory negligence
bears to all other negligence that caused the alleged injuries and damages.
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contributory negligence on the part of the Plaintiff, said injuries and damages, if any, would not
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SIXTH AFFIRMATIVE DEFENSE

103.
Defendants state that any injuries or damages sustained by Plaintiff were the
result of an unforeseeable and untoward series of events over which these Defendants had no
control, and as such, constituted an act of God for which these Defendants cannot be held liable.
SEVENTH AFFIRMATIVE DEFENSE
104.
Plaintiffs claims are barred by insufficiency of process.

EIGHTH AFFIRMATIVE DEFENSE
105.
Plaintiffs claims are barred by insufficiency of service of process.

NINTH AFFIRMATIVE DEFENSE
106.
At all times relevant hereto, these Defendants rendered appropriate medical care
and met the standards of care of healthcare providers under the same or similar circumstances.
TENTH AFFIRMATIVE DEFENSE
107.
At all times relevant hereto, Plaintiff consented to her admission at St. Elizabeth
Medical Center.
ELEVENTH AFFIRMATIVE DEFENSE
108.
At all times relevant hereto, these Defendants possessed the legal authority to
involuntarily admit Plaintiff to prevent harm against herself and others.

TWELFTH AFFIRMATIVE DEFENSE
109.
At all times relevant hereto, these Defendants took appropriate steps to protect
information was effected pursuant to these Defendants duty to warn and/or notify regarding
Plaintiffs violent communications.
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and maintain the confidentiality of Plaintiffs medical information, and any disclosure of medical
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THIRTEENTH AFFIRMATIVE DEFENSE

110.
At all times relevant hereto, any disclosure of medical information by these
Defendants was both truthful and protected by an absolute and/or qualified privilege pursuant to
these Defendants duty to report violent communications.
FOURTEENTH AFFIRMATIVE DEFENSE
111.
At all times relevant hereto, any disclosure of medical information by these
Defendants was conducted in good faith, within the scope of the professional duties owed by
these Defendants and in a manner consistent with accepted professional practices.
FIFTEENTH AFFIRMATIVE DEFENSE
112.
At all times relevant hereto, these Defendants took appropriate steps to protect
Plaintiffs rights.
SIXTEENTH AFFIRMATIVE DEFENSE
113.
At all times relevant hereto, these Defendants had in place appropriate policies
and procedures required by Kentucky law.

114.
Defendants reserve the right to raise such further defenses as shall become
manifest during or upon completion of discovery.

WHEREFORE, having answered, Defendants, Saint Elizabeth Medical Center, Inc., d/b/a
St. Elizabeth Medical Center, Inc., d/b/a Saint Elizabeth Healthcare, d/b/a St. Elizabeth
Healthcare, d/b/a Saint Elizabeth Florence, d/b/a St. Elizabeth Florence; John Eason; Anthony
Complaint be dismissed with prejudice; trial by jury; apportionment of fault among all parties
hereto; their costs and expenses incurred in defending this matter, including reasonable
attorneys fees; and any and all other relief to which they may appear properly entitled.
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Alvarez, M.D.; St. Elizabeth Physician Services, LLC and John Doe, demand that the Plaintiffs
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Respectfully submitted,
/s/ Cathy L. Stickels__________________

Cathy L. Stickels (KBA #89242)
Dressman Benzinger LaVelle psc
207 Thomas More Parkway
Crestview Hills, KY 41017
859-341-1881 Phone
859-341-1469 Fax
Counsel for Defendants, St. Elizabeth Medical

Center, John Eason, Anthony
Alvarez, M.D., St. Elizabeth Physician
Services, LLC, and John Doe
cstickels@dbllaw.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was mailed this 19 day of
October, 2015 to the following:
Gail M. Langendorf
226 Main Street
P. O. Box 6910
Florence, KY 41022
Counsel for Plaintiff
Phone: 859-371-3600
Fax: 859-626-1040
glangendorf@bfzlaw.com
David C. Calderhead
Calderhead, Lockemeyer and Peschke
6281 Tri-Ridge Blvd, Suite 210
Loveland, OH 45140
Counsel for Timothy Love, M.D. Emergency
Care Physicians of Northern Ky. and Summit
Medical Group
dcalderheard@clp-law.com
ANS : 000015 of 000015
/s/ Cathy L. Stickels__________________
489334v1
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Amended Answer of St. Elizabeth (Filed)

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Filed

Dianne Murray, Boone Circuit

FIRST AMENDED ANSWER TO PLAINTIFFS COMPLAINT

In response to Paragraph 1 of the Complaint, Defendants state that KRS 202.011

Dianne Murray, Boone Circuit Clerk

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Dianne Murray, Boone Circuit

Defendants admit the allegations in Paragraph 3 of the Complaint.

In response to Paragraph 4 of the Complaint, Defendants state that KRS 202.011

In response to Paragraph 5 of the Complaint, Defendants state that KRS 202.011

In response to Paragraph 6 of the Complaint, Defendants state that KRS 202.011

Defendants lack knowledge or information sufficient to form a belief as to the truth

In response to Paragraph 8 of the Complaint, Defendants deny that Robin McGee

Dianne Murray, Boone Circuit Clerk

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or falsity of the allegations in Paragraph 7 of the Complaint.

Dianne Murray, Boone Circuit

In response to Paragraph 9 of the Complaint, Defendants admit that Registered

In response to Paragraph 10 of the Complaint, Defendants admit that Registered

In response to Paragraph 11 of the Complaint, Defendants admit that Registered

In response to Paragraph 12 of the Complaint, Defendants admit that Registered

In response to Paragraph 13 of the Complaint, Defendants admit that Patient Care

Dianne Murray, Boone Circuit Clerk

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Dianne Murray, Boone Circuit

In response to Paragraph 14 of the Complaint, Defendants state that KRS 202.011

Defendants lack knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations in Paragraph 15 of the Complaint.

Defendants lack knowledge or information sufficient to form a belief as to the

truth or falsity of the allegations in Paragraph 16 of the Complaint.

Defendants lack knowledge or information sufficient to form a belief as to the

truth or falsity of the allegations in Paragraph 17 of the Complaint.

(Missing Paragraph 18) In response to Paragraph 19 of the Complaint, Defendants

In response to Paragraph 20 of the Complaint, Defendants admit that according to

Defendants deny the allegations in Paragraph 21 of the Complaint.

In response to Paragraph 22 of the Complaint, Defendants deny that Robin McGee

In response to Paragraph 23 of the Complaint, Defendants state that the medical

record contains an Emergency Department Note indicating that Plaintiff consented to a

Dianne Murray, Boone Circuit Clerk

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is a Patient Care Coordinator. Defendants lack knowledge or information sufficient to form a

Dianne Murray, Boone Circuit

telephsych evaluation, as well as an Authorization to Participate in Mental Health

Defendants deny the allegations in Paragraph 24 of the Complaint.

Defendants deny the allegations in Paragraph 25 of the Complaint.

Defendants lack knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations in Paragraph 26 of the Complaint.

Defendants lack knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations in Paragraph 27 of the Complaint.

Defendants lack knowledge or information sufficient to form a belief as to the truth

or falsity of the allegations in Paragraph 28 of the Complaint.

In response to Paragraph 29 of the Complaint, Defendants state that the medical

In response to Paragraph 30 of the Complaint, Defendants state that the medical

truth or falsity of the allegations in Paragraph 31 of the Complaint.

In response to Paragraph 32 of the Complaint, Defendants state that the medical

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discussion with Care Coordinator Supervisor, Wendie Parrot-Morgan.

Defendants admit the allegations in Paragraph 33 of the Complaint.

In response to Paragraph 34 of the Complaint, Defendants state that the medical

In response to Paragraph 35 of the Complaint, Defendants state that the medical

record contains a Consent to Voluntary Admission and Hospitalization executed by Plaintiff.

In response to Paragraph 36 of the Complaint, Defendants admit that according to