Case: Sampson v. Beth Israel Deaconess Medical Center

1:06-cv-10973 | U.S. District Court for the District of Massachusetts

Filed Date: June 8, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On June 8, 2006, an African American woman with psychiatric disabilities filed this complaint in the U.S. District Court of Massachusetts against the Beth Israel Deaconess Medical Center (“Beth Israel”) and two employees of the hospital (one whose claim was dropped on June 24, 2008). The plaintiff, represented by the Bazelon Center for Mental Health Law, Center for Public Representation, and private counsel, brought suit under Title III of the Americans with Disabilities Act and Section 504 of …

On June 8, 2006, an African American woman with psychiatric disabilities filed this complaint in the U.S. District Court of Massachusetts against the Beth Israel Deaconess Medical Center (“Beth Israel”) and two employees of the hospital (one whose claim was dropped on June 24, 2008). The plaintiff, represented by the Bazelon Center for Mental Health Law, Center for Public Representation, and private counsel, brought suit under Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. She also brought state tort claims for negligence, assault, battery, and intentional or reckless infliction of emotional distress. Specifically, the Plaintiff alleged that she had sought treatment for migraines from the Defendant institution on her doctor’s instructions. While under the Defendants’ care, she was forcibly restrained and assaulted. The Plaintiff filed an amended complaint on June 13, 2007.

The Plaintiff was an individual with a disability under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act because her psychiatric impairments severely limit her day-to-day activities, including caring for herself, working, and interacting with others. Her disabilities stemmed from years of extreme emotional and sexual abuse as a child, and were exasperated by the death of her son shortly after he was born. Beth Israel was familiar with the Plaintiff’s condition, as she had used the clinical and emergency services to treat her conditions for more than two decades.

In March 2005, the Plaintiff began experiencing severe migraines and after several days, during which she spoke with her neurologist and his assistant, went to Beth Israel to meet with her primary care physician. This doctor was unavailable, but advised her to go to the hospital’s emergency department for treatment. After explaining to the triage nurse her symptoms and mentioning she had struggled with safety issues, the Plaintiff was told she needed a psychiatric evaluation and that her migraines would also be treated. Hospital policy at the time required patients in the psychiatric portion of the emergency department to disrobe or be forcibly stripped if they refuse.

The Plaintiff was ultimately forcibly restrained and stripped. She was left alone in the room for several hours before receiving treatment from a mental health professional. The incident caused severe and long lasting mental and emotional harm to the Plaintiff.

For the next two years the parties engaged in extensive litigation over discovery. On November 3, 2008, the Plaintiff moved for summary judgment, but the court never ruled on the motion because on January 13, 2009, the Parties notified the Court that they had reached a tentative settlement agreement and were finalizing details. On March 10, 2009, Judge Douglas Woodlock approved the agreement. We do not have the precise conditions of the settlement agreement, but the hospital agreed to implement a new search policy and a new restraint policy for patients. According to a jury verdict report from Lexis dating from June 4, 2007, the plaintiff was awarded zero damages. The Court retained jurisdiction to enforce the terms of the settlement for two years, subject to extension for substantial non-compliance. No motions were filed suggesting non-compliance during the following two years, and the case was automatically dismissed as of March 10, 2011.

Summary Authors

Kaley Hanenkrat (2/5/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273210/parties/sampson-v-beth-israel-deaconess-medical-center/


Judge(s)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

Bergstresser, Clyde (Massachusetts)

Bower, Karen A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Hamel, Robert Reid Jr. (Massachusetts)

Heidorn, Scott M. (Massachusetts)

Kures, Megan E. (Massachusetts)

Schwartz, Steven J. (Massachusetts)

Stefan, Susan (Massachusetts)

Attorneys(s) for Defendant

Carpenter, Curtis L.S. (Massachusetts)

Judge(s)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

Bergstresser, Clyde (Massachusetts)

Bower, Karen A. (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Hamel, Robert Reid Jr. (Massachusetts)

Heidorn, Scott M. (Massachusetts)

Kures, Megan E. (Massachusetts)

Schwartz, Steven J. (Massachusetts)

Stefan, Susan (Massachusetts)

Attorneys(s) for Defendant

Carpenter, Curtis L.S. (Massachusetts)

Flanagan, William J. (Massachusetts)

Linson, Angela L. (Massachusetts)

Powers, Robert P. (Massachusetts)

Rooney, John F. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

March 24, 2009 Docket
1

Complaint

June 5, 2006 Complaint
73

Second Amended Complaint

April 2, 2007 Complaint

Beth Israel's New Patient Restraint Policy

No Court

Feb. 6, 2009 Other

Beth Israel's New Patient Search Policy

No Court

Feb. 6, 2009 Other

Resources

Title Description External URL

Sampson v. Beth Israel Deaconess Medical Center

The Bazelon Center

The lawsuit, known as Sampson v. Beth Israel Deaconess Medical Center, asked the court to require the hospital to comply with the Americans with Disabilities Act, which mandates “reasonable accommoda… Jan. 1, 2017 http://www.bazelon.org/...

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273210/sampson-v-beth-israel-deaconess-medical-center/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Beth Israel Deaconess Medical Center, Heather A Richter Filing fee: $ 350, receipt number 72826, filed by Cassandra Sampson. (Attachments: # 1 Exhibit # 2 Civil Cover Sheet)(Nici, Richard) (Entered: 06/08/2006)

June 5, 2006 PACER
2

WAIVER OF SERVICE Returned Executed Beth Israel Deaconess Medical Center waiver sent on 6/8/2006, answer due 8/7/2006. (Schwartz, Steven) (Entered: 06/23/2006)

June 23, 2006 PACER
3

ANSWER to Complaint with Jury Demand by Beth Israel Deaconess Medical Center.(Rooney, John) (Entered: 08/14/2006)

Aug. 14, 2006 PACER
4

NOTICE of Appearance by Angela L. Lackard on behalf of Beth Israel Deaconess Medical Center (Lackard, Angela) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
5

NOTICE of Scheduling Conference: Scheduling Conference set for 9/28/2006 03:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Rynne, Michelle) (Entered: 08/18/2006)

Aug. 18, 2006 PACER
6

NOTICE of Appearance by Scott M. Heidorn on behalf of Cassandra Sampson (Heidorn, Scott) (Entered: 08/23/2006)

Aug. 23, 2006 PACER
7

Assented to MOTION to Continue September 28, 2006 Scheduling Conference to October 6, 2006 at 3:00 p.m. by Beth Israel Deaconess Medical Center.(Lackard, Angela) (Entered: 09/01/2006)

Sept. 1, 2006 PACER
8

NOTICE of Withdrawal of Appearance by John F. Rooney (Rooney, John) (Entered: 09/20/2006)

Sept. 20, 2006 PACER
9

NOTICE of Appearance by Robert Reid Hamel, Jr on behalf of Beth Israel Deaconess Medical Center (Hamel, Robert) (Entered: 09/20/2006)

Sept. 20, 2006 PACER
10

MOTION for Extension of Time to December 3, 2006 to Serve Process by Cassandra Sampson.(Heidorn, Scott) (Entered: 09/22/2006)

Sept. 22, 2006 PACER
11

MEMORANDUM in Support re 10 MOTION for Extension of Time to December 3, 2006 to Serve Process filed by Cassandra Sampson. (Attachments: # 1 Affidavit Declaration of Diligence)(Heidorn, Scott) (Entered: 09/22/2006)

Sept. 22, 2006 PACER
12

Assented to MOTION for Referral to Medical Tribunal in Suffolk Superior Court by Beth Israel Deaconess Medical Center.(Lackard, Angela) (Entered: 09/28/2006)

Sept. 28, 2006 PACER
13

JOINT STATEMENT of counsel. (Attachments: # 1 Certification by Plaintiff)(Stefan, Susan) (Entered: 10/05/2006)

Oct. 5, 2006 PACER
14

CERTIFICATE OF CONSULTATION Pursuant to Local Rule 16.1(D)(3). (Lackard, Angela) (Entered: 10/05/2006)

Oct. 5, 2006 PACER
15

NOTICE of Appearance by William J. Flanagan on behalf of Heather A Richter (Flanagan, William) (Entered: 10/06/2006)

Oct. 6, 2006 PACER
16

NOTICE of Appearance by Curtis L.S. Carpenter on behalf of Heather A Richter (Carpenter, Curtis) (Entered: 10/06/2006)

Oct. 6, 2006 PACER
17

Judge Douglas P. Woodlock : ORDER entered. SCHEDULING ORDER: Further Scheduling/Status Conference set for 12/20/2007 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. Discovery to be completed by 6/29/2007. Motions due by 11/10/2007. Status report due 12/13/07.(Rynne, Michelle) (Entered: 10/16/2006)

Oct. 16, 2006 PACER
18

Judge Douglas P. Woodlock : ORDER entered. ORDER REFERRING CASE to Medical Tribunal.(Rynne, Michelle) (Entered: 10/16/2006)

Oct. 16, 2006 PACER
19

First MOTION for Referral to Medical Tribunal by Heather A Richter.(Flanagan, William) (Entered: 10/20/2006)

Oct. 20, 2006 PACER
20

Judge Douglas P. Woodlock : ORDER entered. ORDER REFERRING CASE to Medical Tribunal re: Heather A. Richter.(Rynne, Michelle) (Entered: 10/25/2006)

Oct. 25, 2006 PACER
21

NOTICE of Appearance by Megan E. Kures on behalf of Beth Israel Deaconess Medical Center (Kures, Megan) (Entered: 10/26/2006)

Oct. 26, 2006 PACER
22

MOTION for Protective Order by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit)(Kures, Megan) (Entered: 10/27/2006)

Oct. 27, 2006 PACER
23

MOTION to Compel DISCLOSURE OF DEFENDANT BETH ISRAEL DEACONESS MEDICAL CENTER?S PEER REVIEW DOCUMENTS by Cassandra Sampson.(Heidorn, Scott) (Entered: 10/31/2006)

Oct. 31, 2006 PACER
24

MEMORANDUM in Support re 23 MOTION to Compel DISCLOSURE OF DEFENDANT BETH ISRAEL DEACONESS MEDICAL CENTER?S PEER REVIEW DOCUMENTS filed by Cassandra Sampson. (Attachments: # 1 Exhibit Attachment A (Letter from Robert Hamel to Susan Stefan, October 12, 2006))(Heidorn, Scott) (Entered: 10/31/2006)

Oct. 31, 2006 PACER
25

Judge Douglas P. Woodlock : ORDER entered. PROTECTIVE ORDER(Nici, Richard) (Entered: 11/01/2006)

Oct. 31, 2006 PACER
26

Defendant's ANSWER to Complaint and Jury Demand by Heather A Richter.(Flanagan, William) (Entered: 11/08/2006)

Nov. 8, 2006 PACER
27

MOTION for Extension of Time to File Opposition to Plaintiff's motion for Order Compelling Production of Peer Review Documents by Beth Israel Deaconess Medical Center.(Kures, Megan) (Entered: 11/13/2006)

Nov. 13, 2006 PACER
28

Opposition re 23 MOTION to Compel DISCLOSURE OF DEFENDANT BETH ISRAEL DEACONESS MEDICAL CENTER?S PEER REVIEW DOCUMENTS Opposition to Plaintiff's Motion to Compel Production of Peer Review Documents filed by Beth Israel Deaconess Medical Center, Heather A Richter. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10)(Powers, Robert) (Entered: 11/17/2006)

Nov. 17, 2006 PACER
29

DUPLICATE ENTRY OF #28 Opposition re 23 MOTION to Compel DISCLOSURE OF DEFENDANT BETH ISRAEL DEACONESS MEDICAL CENTER?S PEER REVIEW DOCUMENTS Opposition to Plaintiff's Motion to Compel Production of Peer Review Documents filed by Beth Israel Deaconess Medical Center, Heather A Richter. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10)(Powers, Robert) Modified on 11/21/2006 (Nici, Richard). (Entered: 11/17/2006)

Nov. 17, 2006 PACER
30

MOTION for Leave to File Reply to Defendant's Opposition to Plaintiff's Motion to Disclose by Cassandra Sampson. (Attachments: # 1 Reply to Defendant's Opposition to Plaintiff's Motion to Disclose)(Stefan, Susan) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
31

MOTION for Leave to Appear Pro Hac Vice for admission of Karen Bower by Cassandra Sampson. (Attachments: # 1 Affidavit)(Stefan, Susan) (Entered: 11/21/2006)

Nov. 21, 2006 PACER
32

NOTICE of Appearance by Robert P. Powers on behalf of Beth Israel Deaconess Medical Center, Heather A Richter (Powers, Robert) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
33

NOTICE of Appearance by Robert P. Powers on behalf of Beth Israel Deaconess Medical Center (Powers, Robert) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
34

REPLY to Response to Motion re 23 MOTION to Compel DISCLOSURE OF DEFENDANT BETH ISRAEL DEACONESS MEDICAL CENTER?S PEER REVIEW DOCUMENTS filed by Cassandra Sampson. (Stefan, Susan) (Entered: 11/27/2006)

Nov. 27, 2006 PACER
35

Opposition re 31 MOTION for Leave to Appear Pro Hac Vice for admission of Karen Bower filed by Heather A Richter. (Carpenter, Curtis) (Entered: 11/28/2006)

Nov. 28, 2006 PACER
36

Assented to MOTION to Continue Motion to Disclose Beth Israel's Peer Review Records to 12/11/06 or 12/21/06 by Cassandra Sampson.(Stefan, Susan) (Entered: 11/29/2006)

Nov. 29, 2006 PACER
37

MOTION for Leave to Appear Pro Hac Vice for admission of Ira A. Burnim by Cassandra Sampson. (Attachments: # 1)(Stefan, Susan) (Entered: 12/13/2006)

Dec. 13, 2006 PACER
38

MOTION for Leave to File Supplemental Motion by Cassandra Sampson. (Attachments: # 1 Exhibit Interrogatory Responses)(Stefan, Susan) (Entered: 01/16/2007)

Jan. 16, 2007 PACER
39

MEMORANDUM in Support re 38 MOTION for Leave to File Supplemental Motion filed by Cassandra Sampson. (Stefan, Susan) (Entered: 01/16/2007)

Jan. 16, 2007 PACER
40

Opposition re 38 MOTION for Leave to File Supplemental Motion filed by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A)(Kures, Megan) (Entered: 01/22/2007)

Jan. 22, 2007 PACER
41

MOTION to Amend Complaint by Cassandra Sampson.(Stefan, Susan) (Entered: 02/09/2007)

Feb. 9, 2007 PACER
42

MEMORANDUM in Support re 41 MOTION to Amend Complaint filed by Cassandra Sampson. (Attachments: # 1 Exhibit)(Stefan, Susan) (Entered: 02/09/2007)

Feb. 9, 2007 PACER
43

AMENDED COMPLAINT against all defendants Beth Israel Deaconess Medical Center, Heather A. Richter, Dr. Kelly Corrigan, filed by Cassandra Sampson. (Attachments: # 1 Amended Complaint second half)(Stefan, Susan) (Entered: 02/09/2007)

Feb. 9, 2007 PACER
44

CERTIFICATE of Compliance pursuant to Local Rule 15.1(b) by Cassandra Sampson. (Stefan, Susan) (Entered: 02/09/2007)

Feb. 9, 2007 PACER
45

Opposition re 41 MOTION to Amend Complaint filed by Heather A Richter. (Carpenter, Curtis) (Entered: 02/12/2007)

Feb. 12, 2007 PACER
46

MOTION for Leave to File Reply to Heather Richter's Opposition to her Motion for Leave to File Amended Complaint by Cassandra Sampson. (Attachments: # 1 Exhibit A)(Heidorn, Scott) (Entered: 02/16/2007)

Feb. 16, 2007 PACER
47

Opposition re 41 MOTION to Amend Complaint filed by Beth Israel Deaconess Medical Center. (Kures, Megan) (Entered: 02/22/2007)

Feb. 22, 2007 PACER
48

REPLY to Response to Motion re 41 MOTION to Amend Complaint filed by Cassandra Sampson. (Heidorn, Scott) (Entered: 02/22/2007)

Feb. 22, 2007 PACER
49

MOTION to Compel Responses to Interrogatories by Cassandra Sampson. (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2)(Stefan, Susan) (Entered: 02/22/2007)

Feb. 22, 2007 PACER
50

MEMORANDUM in Support re 49 MOTION to Compel Responses to Interrogatories filed by Cassandra Sampson. (Attachments: # 1 Part two of memo)(Stefan, Susan) (Entered: 02/22/2007)

Feb. 22, 2007 PACER
51

MOTION for Leave to File A Reply to Beth Israel Deaconess Medical Center's and Kelly Corrigan's Opposition to her Motion for Leave to Amend Complaint by Cassandra Sampson. (Attachments: # 1 Exhibit A)(Heidorn, Scott) (Entered: 03/02/2007)

March 2, 2007 PACER
52

REPLY to Response to Motion re 41 MOTION to Amend Complaint filed by Cassandra Sampson. (Heidorn, Scott) (Entered: 03/05/2007)

March 5, 2007 PACER
53

MOTION for Protective Order For the Deposition of Cassandra Sampson by Cassandra Sampson.(Heidorn, Scott) (Entered: 03/06/2007)

March 6, 2007 PACER
54

MEMORANDUM in Support re 53 MOTION for Protective Order For the Deposition of Cassandra Sampson filed by Cassandra Sampson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Heidorn, Scott) (Entered: 03/06/2007)

March 6, 2007 PACER
55

MOTION for Extension of Time to March 22, 2007 to File Response/Reply by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A)(Kures, Megan) (Entered: 03/06/2007)

March 6, 2007 PACER
56

Opposition re 53 MOTION for Protective Order For the Deposition of Cassandra Sampson filed by Heather A Richter. (Attachments: # 1 Exhibit # 2 Exhibit)(Flanagan, William) (Entered: 03/08/2007)

March 8, 2007 PACER
57

Opposition re 49 MOTION to Compel Responses to Interrogatories filed by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J)(Kures, Megan) Additional attachment(s) added on 3/9/2007 (Nici, Richard). (Entered: 03/08/2007)

March 8, 2007 PACER
58

STIPULATION by Heather A Richter. (Flanagan, William) (Entered: 03/13/2007)

March 13, 2007 PACER
59

MOTION to Compel Production of Documents by Cassandra Sampson.(Heidorn, Scott) (Entered: 03/22/2007)

March 22, 2007 PACER
60

MEMORANDUM in Support re 59 MOTION to Compel Production of Documents filed by Cassandra Sampson. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Heidorn, Scott) (Entered: 03/22/2007)

March 22, 2007 PACER
61

First AMENDED COMPLAINT against all defendants, filed by Cassandra Sampson.(Heidorn, Scott) (Entered: 03/22/2007)

March 22, 2007 PACER
62

MOTION to Correct 61 Amended Complaint by Cassandra Sampson. (Attachments: # 1 Exhibit A)(Heidorn, Scott) (Entered: 04/02/2007)

April 2, 2007 PACER
63

MOTION for Extension of Time to File Response/Reply Memorandum in Support of Objections to Magistrate's Ruling on Plaintiff's Motion to Compel Responses to Interrogatories by Cassandra Sampson.(Stefan, Susan) (Entered: 04/05/2007)

April 5, 2007 PACER
64

Objection by Cassandra Sampson to Magistrate's Ruling. (Stefan, Susan) (Entered: 04/05/2007)

April 5, 2007 PACER
65

Opposition re 59 MOTION to Compel Production of Documents filed by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A)(Kures, Megan) (Entered: 04/05/2007)

April 5, 2007 PACER
66

TRANSCRIPT of Motion Hearing held on March 29, 2007 before Judge Bowler. Digital Recording: Transcribed by Maryann Young. The original transcripts are maintained in the case file in the Clerk's Office. Copies may be obtained by contacting Maryann Young at 508/384-2003 or the Clerk's Office. (Scalfani, Deborah) (Entered: 04/10/2007)

April 10, 2007 PACER
67

Objection by Cassandra Sampson Memorandum in Support of Objections to Magistrate's Ruling Denying Motion to Compel Responses to Interrogatories. (Attachments: # 1 Exhibit Excerpts from Edlow deposition)(Stefan, Susan) (Entered: 04/18/2007)

April 18, 2007 PACER
68

MOTION for Extension of Time to Complete Discovery by Beth Israel Deaconess Medical Center.(Kures, Megan) (Entered: 05/02/2007)

May 2, 2007 PACER
69

Objection to 64 Objection by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit a)(Kures, Megan) (Entered: 05/03/2007)

May 3, 2007 PACER
70

MOTION for Leave to File Reply to Defendant's Opposition to Plaintiff's Objections to Magistrate's Order by Cassandra Sampson. (Attachments: # 1 Attachment A Plaintiff's Reply to Defendant's Opposition to Objections to Magistrate's Order# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6)(Stefan, Susan) (Entered: 05/08/2007)

May 8, 2007 PACER
71

STIPULATION by Cassandra Sampson, Beth Israel Deaconess Medical Center, Heather A Richter. (Heidorn, Scott) (Entered: 06/12/2007)

June 12, 2007 PACER
72

Judge Marianne B. Bowler : ORDER entered. MEMORANDUM AND ORDER RE: PLAINTIFF'S MOTION TO COMPEL RESPONSES TO DOCUMENT REQUESTS,(DOCKET ENTRY #59)is ALLOWED inasmuch as the hospital's assertion of the medical peer review privilege is no longer well taken.(Feeney, Eileen) (Entered: 06/13/2007)

June 13, 2007 PACER
73

Second AMENDED COMPLAINT against Kelly Corrigan, MD, Beth Israel Deaconess Medical Center, Heather A Richter, filed by Cassandra Sampson.(Heidorn, Scott) (Entered: 06/13/2007)

June 13, 2007 PACER
74

ANSWER to Amended Complaint by Heather A Richter.(Carpenter, Curtis) (Entered: 06/18/2007)

June 18, 2007 PACER
75

Joint MOTION Revised Scheduling Order To Reflect Court's Order Extending Discovery by Kelly Corrigan, MD, Cassandra Sampson, Beth Israel Deaconess Medical Center, Heather A Richter.(Stefan, Susan) (Entered: 06/28/2007)

June 28, 2007 PACER
76

MOTION for Protective Order Concerning Peer Review Materials by Kelly Corrigan, MD, Cassandra Sampson, Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A)(Kures, Megan) (Entered: 07/02/2007)

July 2, 2007 PACER
77

ANSWER to Amended Complaint by Kelly Corrigan, MD, Beth Israel Deaconess Medical Center.(Kures, Megan) (Entered: 07/03/2007)

July 3, 2007 PACER
78

MOTION for Leave to File Supplemental Memorandum by Cassandra Sampson. (Attachments: # 1 Supplement Memorandum in Support of Objections# 2 Exhibit Exhibit 1 to Supplemental Memorandum)(Stefan, Susan) (Entered: 07/06/2007)

July 6, 2007 PACER
79

SUMMONS Returned Executed Kelly Corrigan, MD served on 7/2/2007, answer due 7/23/2007. (Nici, Richard) (Entered: 07/09/2007)

July 6, 2007 PACER
80

NOTICE of Withdrawal of Appearance by Angela L. Lackard (Lackard, Angela) (Entered: 07/12/2007)

July 12, 2007 PACER
81

MOTION for Order to to obtain records from Caritas Carney Hospital and Solomon Carter Fuller Mental Health Center by Kelly Corrigan, MD, Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Kures, Megan) (Entered: 07/20/2007)

July 20, 2007 PACER
82

MOTION for Protective Order by Kelly Corrigan, MD, Beth Israel Deaconess Medical Center.(Kures, Megan) Additional attachment(s) added on 7/30/2007 (Nici, Richard). (Entered: 07/30/2007)

July 30, 2007 PACER
83

MEMORANDUM in Support re 82 MOTION for Protective Order filed by Kelly Corrigan, MD, Beth Israel Deaconess Medical Center. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Kures, Megan) (Entered: 07/30/2007)

July 30, 2007 PACER
84

Opposition re 82 MOTION for Protective Order filed by Cassandra Sampson. (Attachments: # 1 Exhibit Transcript from Joshua Wallace's Deposition)(Heidorn, Scott) (Entered: 08/06/2007)

Aug. 6, 2007 PACER
85

Proposed Document(s) submitted by Beth Israel Deaconess Medical Center. Document received: Proposed Orders. (Kures, Megan) (Entered: 08/17/2007)

Aug. 17, 2007 PACER
86

Judge Marianne B. Bowler: ORDER of production entered. (Duffy, Marc) Additional attachment(s) added on 8/20/2007 (Duffy, Marc). (Entered: 08/20/2007)

Aug. 20, 2007 PACER
87

FINDINGS of the Medical Tribunal (Nici, Richard) (Entered: 09/12/2007)

Sept. 12, 2007 PACER
88

MOTION to Compel Inspection of the Scene by Cassandra Sampson.(Stefan, Susan) (Entered: 09/14/2007)

Sept. 14, 2007 PACER
89

MEMORANDUM in Support re 88 MOTION to Compel Inspection of the Scene filed by Cassandra Sampson. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Stefan, Susan) (Entered: 09/14/2007)

Sept. 14, 2007 PACER
90

Opposition re 88 MOTION to Compel Inspection of the Scene filed by Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Kures, Megan) (Entered: 09/24/2007)

Sept. 24, 2007 PACER
91

MOTION for Leave to File Reply to Opposition to Motion to Compel Expert Tour by Cassandra Sampson. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Stefan, Susan) (Entered: 10/01/2007)

Oct. 1, 2007 PACER
92

REPLY to Response to Motion re 88 MOTION to Compel Inspection of the Scene filed by Cassandra Sampson. (Attachments: # 1 Exhibit)(Stefan, Susan) (Entered: 10/12/2007)

Oct. 12, 2007 PACER
93

MOTION for Order to To obtain records from Massachusetts General Hospital by Kelly Corrigan, MD, Beth Israel Deaconess Medical Center. (Attachments: # 1 Exhibit A)(Kures, Megan) (Entered: 10/26/2007)

Oct. 26, 2007 PACER
94

MOTION to Compel Production of Documents and Response to Interrogatories by Cassandra Sampson.(Stefan, Susan) (Entered: 11/30/2007)

Nov. 30, 2007 PACER
95

MEMORANDUM in Support re 59 MOTION to Compel Production of Documents, 88 MOTION to Compel Inspection of the Scene, 94 MOTION to Compel Production of Documents and Response to Interrogatories, 49 MOTION to Compel Responses to Interrogatories filed by Cassandra Sampson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Stefan, Susan) (Entered: 11/30/2007)

Nov. 30, 2007 PACER
96

NOTICE by Cassandra Sampson re 95 Memorandum in Support of Motion, Of Filing with Clerk's Office (Stefan, Susan) (Entered: 11/30/2007)

Nov. 30, 2007 PACER
97

Joint MOTION for Extension of Time to 02/28/08 to Complete Discovery - Expert Disclosures - by Cassandra Sampson.(Heidorn, Scott) (Entered: 12/13/2007)

Dec. 13, 2007 PACER
98

MOTION for Extension of Time to March 28, 2008 to Serve Expert Reports, MOTION for Settlement Conference ( Responses due by 2/8/2008) by Cassandra Sampson.(Heidorn, Scott) (Entered: 01/25/2008)

Jan. 25, 2008 PACER
99

MOTION to Compel Inspection by Cassandra Sampson.(Stefan, Susan) (Entered: 02/04/2008)

Feb. 4, 2008 PACER
100

MEMORANDUM in Support re 99 MOTION to Compel Inspection, 94 MOTION to Compel Production of Documents and Response to Interrogatories filed by Cassandra Sampson. (Attachments: # 1 Exhibit Joel Dvoskin)(Stefan, Susan) (Entered: 02/04/2008)

Feb. 4, 2008 PACER

State / Territory: Massachusetts

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: June 8, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was a woman with a history of severe sexual abuse who was harmed during an evaluation at Beth Israel Deaconess Medical Center. She filed a complaint requesting compensation for her injuries and a change to the hospital's restraint and search policies.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Bazelon Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Beth Israel Deaconess Medical Center (Boston, Suffolk), Non-profit or advocacy

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Special Case Type(s):

Out-of-court

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2009 - 2011

Issues

General:

Assault/abuse by staff

Commitment procedure

Confinement/isolation

Counseling

Excessive force

Failure to train

Individualized planning

Neglect by staff

Other

Personal injury

Placement in mental health facilities

Reasonable Accommodations

Reasonable Modifications

Reassessment and care planning

Restraints : physical

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Type of Facility:

Non-government non-profit