There have been some recent stories in the Courier-Journal of the lawsuits filed against Jewish Hospital alleging unsafe and unsanitary conditions. Then when the lawyers withdrew from the cases (which are/were quite expensive to prosecute), the Hospital filed what is known as a "strike back" lawsuit - Jewish Hospital sues lawyers who unsuccessfully sued it and Lawsuits vs. Jewish Hospital defended [The comments on this story are a very good read. One commentator noted the cleanliness of Jewish during his two stays this past SIX MONTHS - I wonder if there is an accountability connection with the lawsuits?]
The two lawyers Joseph White and Michael O'Connell sued by Jewish Hospital have outstanding reputations in the local legal community plus the attorneys defending these lawyers are excellent. Therefore, I have resisted the temptation of jumping in with commentary on the facts of this lawsuit to avoid interfering with the strategies being employed by either side since I fully suspect the defense lawyers will ultimately win this case whether by dismissal or trial (which makes me wonder if there will be a "strike back" to the "strike back").
In any event, Retired Judge Stan Billingsley has weighed in on some of the comments made in the news story and attributed to the legal basis of the claim. His legal analysis questions the legal underpinnings of their strikeback suit in "The Strike Back Lawsuit filed by Jewish Hospital Appears to Misstate the Law Re: Necessity for Legal Expert.Has the Hospital made a big mistake?" . He has followed it up with a legal analysis of the essence of a strike back suit in COUNTER LAWSUITS ALLOWED BUT LIMITED IN KY. The case law sets a high burden for a plaintiff to meet.
This lawsuit by Jewish Hospital against attorneys who could not continue funding the expenses of this litigation against the hospital is not in the forefront of public attention and will be an interesting read on how it pans out.
One reader and commenter to the Courier Journal story noted as follows:
Jewish Hospital is trying to make a statement that if you sue them, no matter how meritorious your claims are, they will get you. It's very similar to the way our current Administration treats anyone that challenges them, and it's scary stuff for us all. Joe White is a very good, very well-respected attorney, and this case bankrupted him. You can criticize him for taking on the cases without proper funding, but who else would the victims have been able to get to represent them? All of the big firms represent corporations for a living. They don't take cases on behalf of individuals against corporations. The attorneys that represent people are solo and small firm pratitioners. White had to dismiss the cases b/c he went broke, not b/c Jewish was in the right. The lawsuit by Jewish is a disgrace. With their resources they will always be able to find a big law firm to do their bidding, but you and I will have an even harder time finding someone to represent us against them.
Here are some earlier stories and postings:
- COUNTER LAWSUITS ALLOWED BUT LIMITED IN KY. The case law sets a high burden for a plaintiff to meet. [Lawreader]This is the leading case in Kentucky regarding the procedure and burdens of maintaining a counter lawsuit against an attorney. This case places a very tough burden on counter lawsuits, and virtually invites summary judgment by the trial court. The Jewish Hospital counter suit filed in Louisville this week should be evaluated in light of [...]
- Jewish Hospital strikes back at attorneys[CJ]
Nearly 100 people from across Kentucky and Indiana filed lawsuits against Jewish Hospital during the past three years, claiming they or a relative suffered illness or death because of an infection caused by unsanitary conditions. - Jewish Hospital sues lawyers who unsuccessfully sued it[CJ]
- Louisville: Lawyers might quit hospital germ suits [KLR]
Lawyers might quit hospital germ suits (Courier Journal story)
The lawyers who filed dozens of cases against Jewish Hospital & St. Mary's HealthCare, claiming that patients were sickened or died because of infections caused by unsanitary conditions, say they are likely to withdraw from the cases.Hospital-acquired infection rates largely undisclosed [Herald Leader on infections generally]
Comments