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Maine Hospital Law
 
Katherine M. Cady v. Barbara Walsh (Cumberland County Jail)

Katherine Cady, on behalf of the estate of her son, Paul Victor Galambos, III, brought this 42 U.S.C. § 1983 action after Galambos's death from self-inflicted injuries that he suffered while he was a pretrial detainee at the Cumberland County Jail (CCJ). The action alleged that employees of Corizon, Inc., the private company providing healthcare services at CCJ, were deliberately indifferent to G... More...   $0 (06-04-2014 - ME)

United States of America v. Nicholas McDonald

United States Attorney Thomas E. Delahanty II announced that Nicholas
McDonald, 32, of Holden, Maine, pleaded guilty today in U.S. District Court to possession
with intent to distribute heroin and being a felon in possession of a firearm.

According to Court records, on April 5, 2013, the defendant was arrested after he fled
from a vehicle that was stopped by law enforcement a... More...
   $0 (03-04-2014 - ME)

In Re Estate of Mary E. Hiller

[¶1] Paul A. Ligor, son of the deceased, Mary E. Hiller, appeals from an amended judgment of the Knox County Probate Court (Emery, J.) partially denying his motion for relief from a judgment pursuant to M.R. Prob. P. 60(b) and M.R. Civ. P. 60(b). In its judgment, the Probate Court: (1) found that Ligor had solicited a power of attorney when his mother “was not of sound mind” and then wrongful... More...   $0 (01-09-2014 - ME)

Estate of Vera Boulier v. Presque Isle Nursing Home

[¶1] The Estate of Vera Boulier appeals from a judgment entered in the Superior Court (Aroostook County, Hunter, J.) in favor of Presque Isle Nursing Home (PINH), following a jury’s determination that PINH was not liable for Boulier’s death, which resulted from a fall on PINH’s premises. The Estate contends that the court erred in excluding evidence of remedial measures taken by PINH after ... More...   $0 (02-13-2014 - ME)

Claire Trott v. H.D. Goodall Hospital

[¶1] Claire Trott appeals from the Superior Court’s (York County, Fritzsche, J.) grant of a summary judgment in favor of her former employer, H.D. Goodall Hospital, on Trott’s claim that the Hospital violated section 833(1)(C) of Maine’s Whistleblowers’ Protection Act (WPA), 26 M.R.S. §§ 831-840 (2012), when it discharged her for participating in a deposition in connection with a wrongf... More...   $0 (03-31-2013 - ME)

Perri Frame v. Millinocket Regional Hospital

[¶1] Perri Frame appeals from a judgment entered in the Superior Court (Penobscot County, Anderson J.) dismissing her unsworn notice of claim, filed pursuant to the Maine Health Security Act (MHSA or Act), 24 M.R.S. § 2903(1)(A) (2012), on the ground that the defective notice failed to toll the applicable statute of limitations. We clarify the effect of a change in the MHSA and conclude that Fra... More...   $0 (12-03-2013 - ME)

Peerless Indemnity Insurance Company v. Robbin W. Frost

Dr. Robbin Frost, a licensed podiatrist, was driving alone in her husband's Pontiac Bonneville when she was severely injured in a collision caused by an underinsured motorist. So far, she has collected $250,000 in insurance proceeds; she seeks further payment from Peerless Indemnity Insurance Co. and Peerless Insurance Co. (together, "Peerless"), who issued business owner's and excess/umbrella po... More...   $0 (07-10-2013 - ME)

Alan Clukey and Dera Clukey v. Town of Camden

Plaintiff-appellant Alan Clukey brought this procedural due process claim against his former employer, the Town of Camden ("the Town"), pursuant to 42 U.S.C. § 1983 alleging that the Town deprived him of a constitutionally protected property interest in his right to be recalled to employment without due process of law. The district court dismissed Clukey's complaint, adopting the magistrate judg... More...   $0 (05-21-2013 - ME)

United States of America v. Mark Stephen Palmquist

Mark Palmquist is a Marine Corps veteran who worked as a civilian employee with the U.S. Department of Veterans Affairs from 2004 to 2010. He was convicted of fraud in connection with his own receipt of veterans benefits.

Adverting to Garrity v. New Jersey, 385 U.S. 493 (1967), Palmquist challenges his conviction on grounds that statements he made during an interview with a Veterans Admini... More...
   $0 (04-12-2013 - ME)

Jamie Fuhrmann v. Staples The Office Superstore East, Inc.

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court’s dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers’ Protection Act (... More...   $0 (01-20-2013 - ME)

United States v. Anthony Jones

Anthony Jones was indicted on one count of possessing five or more grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). After his motion to suppress evidence was denied, he entered a conditional plea of guilty. See Fed. R. Crim. P. 11(a)(2). Mr. Jones was sentenced to 180 months’ imprisonment. Footnote He now timely appeals the denial of his suppression motion as well as the use of ce... More...   $0 (12-11-2012 - ME)

Paul V. Levesque v. Central Maine Medical Center

[¶1] In this appeal, we consider the following question: When a physician is alleged to have acted as an apparent agent of a hospital, does the Maine Health Security Act, 24 M.R.S. §§ 2501-2987 (2011),1 require that the alleged negligent acts or omissions of that physician be evaluated by the mandatory prelitigation screening and mediation panel before a claim may be brought in court against th... More...   $0 (08-21-2012 - ME)

Jane Mead v. Independent Association

Jane Mead was fired from her job as administrator of fifteen assisted living facilities operated by Independence Association ("IA") and licensed by the Maine Department of Health and Human Services ("DHHS"). Pursuant to 42 U.S.C. § 1983, Mead filed suit against IA and two DHHS employees in the United States District Court for the District of Maine, alleging that her termination without a hearing ... More...   $0 (07-11-2012 - ME)

Budd P. Grant v. Jessica L. Hamm

[¶1] Jessica L. Hamm appeals from a judgment of the District Court (Waterville, Dow, J.) awarding sole parental rights and responsibilities of the parties’ daughter to Budd P. Grant. See 19-A M.R.S. § 1653 (2011). Hamm argues that the court abused its discretion by relying largely on its determination that she willfully misused the protection from abuse process, 19-A M.R.S. § 1653(3)(O), to t... More...   $0 (06-19-2012 - ME)

Timothy Daniels v. Narraguagus Bay Health Care Facility

[¶1] Timothy Daniels appeals from the Superior Court’s (Washington County, Cuddy, J.) entry of summary judgment in favor of the defendants, Narraguagus Bay Health Care Facility and North Country Associates, Inc. 1 Daniels contends that the court erred in concluding that Narraguagus and North Country were entitled to judgment as a matter of law on his disability discrimination and retaliation cl... More...   $0 (06-21-2012 - ME)

Estate of Kristin Cummings v. James Davie

[¶1] The Estate of Kristin Cummings (Estate) appeals from a summary judgment entered in the Superior Court (Oxford County, Clifford, J.) in favor of defendants James and Jadzia Davie. The Estate argues that the court erred as a matter of law by declining to extend a duty of care to the Davies, Kristin’s parents, to prevent or inhibit Kristin from committing suicide in circumstances where, after... More...   $0 (03-27-2012 - ME)

Mary Walsh v. Town of Millinocket

[¶1] In this case, a jury has found, twice, that a Town Councilor exhibited discriminatory animus towards Mary Walsh because she had engaged in statutorily-protected conduct, and that this discriminatory animus was a cause or a motivating factor for the Millinocket Town Council’s decision to eliminate Mary Walsh’s position and thus terminate her employment with the Town. Walsh contends that d... More...   $0 (09-08-2011 - ME)

Sisters of Charity Health System, Inc. v. Douglas Farrago

[¶1] Sisters of Charity Health System, Inc. (SOCHS),1 a nonprofit integrated healthcare system, sued its former employees—Douglas Farrago, M.D., Raymond Stone, D.O., and Carolyn Kase, D.O.—to enforce restrictive covenants contained in contractual agreements between the doctors and SOCHS. Following a jury-waived trial, the Superior Court (Androscoggin County, Delahanty, J.) enforced the restri... More...   $0 (05-26-2011 - ME)

Dwayne Bonney v. Stephen Memorial Hospital

[¶1] This appeal stems from an incident in which a hospital security guard overheard a conversation between Dwayne and Debbie Bonney and emergency room nurses attending to them and then reported information from that conversation to local law enforcement officials. The report led police to interview the Bonneys and then obtain a warrant authorizing the search of the Bonneys’ residence, resultin... More...   $0 (04-12-2011 - ME)

United States of America v. Jon R. Hughes

Defendant-appellant Jon R. Hughes appeals from the denial of his motion to suppress evidence obtained during a "knock and talk" interview, an ensuing search, and further interrogation at a later date. His appeal presents nuanced questions concerning the nature of the interview, the voluntariness of his statements, the legitimacy of his consent to the search, and the workings of the inevitable disc... More...   $0 (04-08-2011 - ME)

Katie Gniadek v. Camp Sunshine at Sebago Law, Inc.

[¶1] In 2005, Katie Gniadek attended Camp Sunshine at Sebago Lake and met Michael Newton, a volunteer counselor. More than two months after Gniadek left the Camp, Newton sexually assaulted her. At issue on appeal are Gniadek’s claims that (1) Camp Sunshine’s negligence led to the sexual assault, and (2) the Camp is vicariously liable for Newton’s conduct. Because we conclude that Gniadek ca... More...   $0 (01-13-2011 - ME)

Nancy Jacob v. Jan B. Kippax

[¶1] Jan B. Kippax, an oral surgeon, treated Nancy Jacob in December of 2002. Jacob filed a claim alleging that Kippax was negligent in that treatment and failed to obtain informed consent before he performed a biopsy. After a trial, the jury returned a verdict finding that Kippax and his business Androscoggin Oral & Maxillofacial Surgeons were not negligent and the Superior Court (Kennebec Count... More...   $0 (01-04-2011 - ME)

Sharon Pratt v. Dr. Steven Keefe and CAP Quality Care

Sharon Pratt sued Dr. Steven Keefe and CAP Quality Care on medical negligence and respondeat superior theories claiming that she was wrongfully given high doses of methadone. She claimed that she had overdosed several times and had been warned to tell the clinic reduce her dosage.

Defendants denied wrongdoing.

According to The Portland Press Herald:

"A jury has awarde... More...
   $244000 (02-12-2011 - ME)

Kristine Thayer v. Eastern Maine Medical Center

Dr. Kristine Thayer sued Eastern Maine Medical Center for asking her to improve her behavior in an employee corrective action plan. Plaintiff claimed that Defendant wrongfully asked her to modify what was characterized as "disruptive behavior" in the hospital operating rooms. Plaintiff also alleged that Defendant retaliated against her for expressing concerns about another surgeon's care and comm... More...   $0 (07-24-2010 - ME)

State Farm Mutual Automobile Insurance Company v. Pramodh Koshy, et al.

[¶1] These related appeals center on a dispute regarding the ultimate responsibility for payment of damages arising out of a serious automobile accident in which the driver of a rented car was at fault. The parties’ challenges to several judgments of the Superior Court (York County, Fritzsche, J.) require us to address the varying responsibilities of the rental company, the corporate renter, th... More...   $0 (05-25-2010 - ME)

Janeen Miller v. Kristen Nichols

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me. D. Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and parti... More...   $0 (11-04-2009 - ME)

Franklin Memorial Hospital v. Brenda M. Harvey

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me. Rev. Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me. Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income patient... More...   $0 (08-05-2009 - ME)

William Picher v. The Roman Catholic Bishop of Portland, et al.

[¶1] William Picher appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) granting a summary judgment to the Roman Catholic Bishop of Portland on its affirmative defense of charitable immunity. Picher argues that we should abrogate the doctrine of charitable immunity for acts of negligence associated with the sexual abuse of a minor, and that we should not extend the doctrin... More...   $0 (07-07-2009 - ME)

John McKinnon, et al. v. Honeywell International, Inc.

[¶1] John McKinnon appeals from a summary judgment in favor of Honeywell International, Inc. entered in the Superior Court (York County, Fritzsche, J.) on his putative class action complaint alleging that Honeywell violated the Maine Unfair Trade Practices Act (UTPA), 5 M.R.S. §§ 205-A to 214 (2008), and Maine’s antitrust statute governing monopolies and profiteering, 10 M.R.S. §§ 1101-1110... More...   $0 (07-16-2009 - ME)

Lynn Gierie, et al. v. Mercy Hospital

[¶1] Lynn Gierie and Robert H. Gierie, individually and as next friends of Robert H. Gierie III (Robbie), appeal from a judgment entered in Superior Court (Cumberland County, Cole, J.) denying their M.R. Civ. P. 50(b) post-jury verdict motion for judgment as a matter of law or for a new trial on their medical malpractice complaint against Mercy Hospital. The Gieries contend that the trial court v... More...   $0 (04-30-2009 - ME)

Estate of Daniel Bennett, II, et al. v. Christopher Wainwright, et al.

This appeal involves the tragic death of Daniel Bennett II ("Bennett"), a mentally ill young man, when he opened fire against Maine law enforcement officers who had been called to his home. The officers responded with gunfire and Bennett was killed. Bennett's estate ("the Estate") -- his mother, Arlene Bedard ("Arlene"); his grandmother, Isabel Bedard ("Isabel"); and his sister, Laurie Hart ("Laur... More...   $0 (11-26-2008 - ME)

Amica Mutual Insurance Company v. Estate of Ester Pecci, et al.

Linda Mario, the personal representative of the Estate of Esther Pecci, and Lawrence Pecci appeal from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.) in Amica Mutual Insurance Company's action seeking a declaratory judgment prohibiting the Estate from maintaining a wrongful death action against Lawrence. Mario and Lawrence contend that the Superior Court erred ... More...   $0 (06-12-2008 - ME)

Ken Anderson, et al. v. Marsha C. O'Rourke, et al.

[1] Ken Anderson and Kathleen Timmermeyer, the co-personal representatives of the estate of Jacqueline Anderson, appeal from a judgment entered in the Superior Court (Androscoggin County, Gorman, J.) in favor of Marsha C. O'Rourke, M.D., and Androscoggin Clinical Associates, after a jury verdict finding O'Rourke not negligent in Jacqueline Anderson's death. The representatives assert that the... More...   $0 (03-04-2008 - ME)

Aaron Michaud v. Blue Hill Memorial Hospital, et al.

[1] Aaron Michaud appeals from a judgment entered in the Superior Court (Androscoggin County, Gorman, J.) granting the joint motion of Blue Hill Memorial Hospital, Lisa Lesko, and Diane Wrigley for summary judgment on Michaud's professional negligence complaint. We affirm the judgment. [2] At the age of fourteen, Michaud injured his arm while wrestling with his cousin. Following his injury, M... More...   $0 (02-12-2008 - ME)

Alice Geary v. The Stanley Medical Research Institute, et al.

[1] In these separate but similar cases, the Stanley Medical Research Institute and Dr. E. Fuller Torrey, its executive director at the time these cases arose (collectively referred to as SMRI), appeal from decisions of the Superior Court (Waldo County and Cumberland County, Mills, J.) granting SMRI's motions for summary judgment in part and denying them in part. Matthew Cyr and Lorie St... More...   $0 (01-15-2008 - ME)

Vince Berube v. Carly Conly; Eric W. Syphers and Matthew Vierling

Before the court is an appeal from the denial of a motion for summary judgment by three police officers in an action alleging excessive force in violation of 42 U.S.C. § 1983 and Maine law. Following the recommendation of the magistrate judge, the district court denied summary judgment based on qualified immunity to three officers who fired at the plaintiff while he was on the ground, already s... More...   $0 (11-02-2007 - ME)

Rodney and Frances Sawtelle v. Franklin Memorial Hospital

Rodney Sawtelle, age 76, and Frances Sawtelle sued Franklin Memorial Hospital on a medical malpractice (negligence) theory claiming that a nurse working for the hospital acted below the standard of care and was negligent when she punctured a nerve in his arm rendering it practically unusable.

Defendant denied that any act, error or omission on the part of any member of its nursing staff ca... More...   $400000 (03-02-2007 - ME)

Diane Roney and Paul Roney v. Windy's

Diane Roney, age 57, sued Windy's on a negligence theory claiming that she was sold and ate a hanburger at one of Wendy's restaurants that was contaminated with E. coli bacteria. Roney was hospitalized for 12 days in 2001 after eating two bites of a bacon cheeseburger at a Wendy's in Saco, Maine.

Wendy's denied that any food eaten by Roney at its store caused any illness that she m... More...   $0 (08-04-2006 - ME)

Michael Fortin v. The Roman Catholic Bishop of Portland

[1] In this case we consider to what extent the constitutional guarantees of religious freedom contained in the Free Exercise Clause of the First Amendment to the United States Constitution and Article I, section 3 of the Maine Constitution limit the imposition of negligent supervision liability against a religious organization based on tortious acts committed against a child by a member of it... More...   $0 (05-03-2005 - ME)

Deanna Vincent v. Drs. Melinda Molin, John Cederna and Mercy Hospital

Deanna Vincent claimed that Drs. Melinda Molin and John Cederna negligently performed breast surgery on her in 1999 when they mistakenly removed her nipples to cure a painful, non-cancerous condition. Vincent went to Mercy for medically necessary surgery to remove painful tissue in her breasts. The operation was performed in two phases. Molin removed the diseased tissue through a pair of semi... More...   $900000 (07-30-2004 - ME)

 
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