Date: 08-28-2013

Case Style: Michael Quinn III v. Magna Health Care, Inc.

Case Number: CJ-2012-332

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Noah Fontanez and Kirk R. Schauer

Defendant's Attorney: obert D. James and Paige N. Shelton Vanderyte

Description: Michael Quinn III, Michael Quinn, Jr. and Kimberly G. Quinn sued Magna Health Care, Inc., Magna Home Health Center, Inc. and Leonard Agbasi on negligence and breach of contract theories claiming:

1. The Plaintiffs Michael Guinn III, Michael Guinn II, and Kimberly Guinn are currently citizens and residents of Tulsa County, State of Oklahoma.

2. The Plaintiff Michael Guinn III. is the natural father of Michael Guinnn III, an adult with severe physical and mental disabilities.

3. The Plaintiff Kimberly Guinn is the aunt of Michael Guinn III.

4. Michael Guinn II and Kimberly Guinn were appointed Guardian of the person and estate of Michael Guinn Ill and Letters of Guardianship were issued to Michael Guinn II and Kimberly Cuinn in the District Court of Tulsa County, State of Oklahoma.

5. The Defendants Magna Health Care, Inc. and Magna Home Health Care, Inc. provide assisted living, supported living, and in-home services to individuals with developmental disabilities in Tulsa County, state of Oklahoma, the location where all acts of negligence and omissions by said Defendants, its agents, servants, and employees occurred.

6. The Defendant Magna Health Care, Inc., is an Oklahoma Corporation with its principal place of business in Tulsa County, Oklahoma.

7. The Defendant Magna Home Health Care, Inc., is an Oklahoma Corporation with its principal place of business in Tulsa County, Oklahoma.

S. The Defendants Magna Home Health Care, Inc. and Magna Health Care, Inc., do business as Magna Community Living Services, an Oklahoma registered trade name.

9. The Defendant Leonard Agbasi is a resident of the State of Oklahoma, and stockholder of Magna Health Care, Inc. and Magna Home Health Care, Inc. and stands to profit or lose as a result of the financial success or failure of the operation of those entities.

GENERAL ALLEGATIONS

10. During all times, Defendant Magna Community Living Services provided in-home care services to Michael Guinn III.

11. Defendant Magna Community Living Services is licensed to provide specialized services for mentally retarded persons, and subject to the provisions and responsibilities promulgated by the Oklahoma Home Care Act, 63 OKLA. STAT. § 1-1960 — 1-1980.

FIRST CAUSE OF ACTION: NEGLIGENCE

12. The Plaintiffs incorporate the allegations set forth in Paragraphs 1-11 of the Petition as if fully set forth herein.

13. After accepting Michael Guinn III as a patient, Defendant Magna Community Living Services was under a continuing duty to exercise reasonable and ordinary care to provide a safe living environment that would assist him through a plan tailored to meet his needs.

14. That upon acceptance, Defendant Magna Community Living Services had notice of Michael Guinn III’s physical and mental disabilities and conditions.

15. On or around January 19, 2010, Michael Guinn III, was transported to EMSA to Hillcrest Medical Center in Tulsa, Oklahoma, due to nausea and vomiting.

16. Doctors at Hillcrest Medical Center performed an exploratory laparotomy, gastrotomy and removal of foreign bodies, which included a large amount of latex gloves, a coin, and a watch battery.

17. During the time that Michael Guinn III was under the care and supervision of Defendant Magna Community Living Services, he was not monitored in accordance with his agreed Individual Plan.

18. During the time that Michael Guinn III was under the care of Defendant Magna Community Living Services, he suffered injuries that resulted in the necessity of exploratory surgery.

19. During the time of Michael Guinn Ill’s care through Defendant Magna Community Living Services, the Defendant failed to implement the plan as required by Oklahoma and federal law.

20. During the period of time Michael Guinn III was under the care of Defendant Magna Community Living Services, the Defendant breached its contract to provide in-home services and supervision.

21. The mental and physical injuries suffered by Michael Guinn III were caused by the negligence of Defendant Magna Community Living Services and its agents, servants and employees, specifically including but not limited to:

a. Failure to exercise ordinary care to provide and maintain services, supervision, and care that was safe for a patient such as Michael Guinn III.

b. Failure to properly train its employees in the way to protect patients like Michael Guinn Ill from injuring himself.

c. Failed to properly handle mental health problems exhibited by patients such as Michael Guinn Ill, who had a documented history of placing foreign objects in his mouth.

d. Failed to implement and adjust a plan to incorporate the known disabilities and dangers of Michael Guinn III.

e. Failed to implement the previously agreed upon individual plan which required constant, direct supervision of Michael Guinn III.

22. Defendant Magna Community Living Services was negligent in its care of Michael Guinn III. Such negligence and gross negligence caused physical and emotional injuries to its patient Michael Guinn Ill, injuries for which the Defendant is liable.

23. Defendant Leonard Agbasi is severally and jointly liable as owner of Defendant Magna Home Health Care, Inc. and Defendant Magna Health Care, Inc. for any intentional or negligent actions or omissions of Defendant Magna Community Living Services, its agents or employees.

WHEREFORE, premises considered, Plaintiffs Michael Guinn 11 and Kimberly as co-Guardians of the person and estate of Michael Guinn III, demand judgment against Defendants Magna Health Care, Inc., Magna Home Health Care, Inc. d/b/a Magna Community Living Services and Defendant Leonard Agbasi, for actual damages in a sum in excess of $75,000, plus such costs, prejudgment interest, and other relief this Court deems equitable and just

WHEREFORE, premises considered Plaintiffs Michael Guinn 11 and Kimberly as co-Guardians of the person and estate of Michael Guinn III, demand judgment against Defendants Magna Health Care, Inc., Magna Home Health Care, Inc. d/b/a Magna Community Living Services and Defendant Leonard Agbasi, in punitive damages for the Defendants’ conduct that constitutes reckless, intentional and malicious disregard of the rights of Michael Guinn III.

SECOND CAUSE OF ACTION: BREACH OF CONTRACT

24. The Plaintiffs incorporate the allegations set out in Paragraphs 1-22 as if fully set forth herein.

25. The Defendants Defendants Magna Health Care, Inc., Magna Home Health Care, Inc. d/b/a Magna Community Living Services breached its contract to provide care and in-home services to Michael Guinn III.

WHEREFORE, premises considered, Plaintiffs Michael Guinn II and Kimberly as co-Guardians of the person and estate of Michael Guinn III, demand judgment against Defendants Magna Health Care, Inc., Magna Home Health Care, Inc. d/b/a Magna Community Living Services for actual damages in a sum in excess of $75,000, plus such costs, prejudgment interest, and other relief this Court deems equitable and just

Magna Home Health Care, Inc. appeared and answered as follows:

1 MHHC is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 1 of Plaintiffs’ First Amended Petition, andTherefore denies the same.

2. MHHC is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 2 of Plaintiffs’ First Amended Petition and therefore denies the same.

3. MHHC is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 3 of Plaintiffs’ First Amended Petition and therefore denies the same.

4. MHHC is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 4 of Plaintiffs’ First Amended Petition and therefore denies the same.

5. MHHC admits that it is in the business of providing home care services to clients in their place of residence and that it provides such services in Tulsa County, Oklahoma. MHHC denies the remainder of the statements and allegations in Paragraph 5 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 5 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

6. The statements and allegations in Paragraph 6 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

7. MHHC admits Paragraph 7 of Plaintiffs’ First Amended Petition.

8. In response to Paragraph 8 of Plaintiffs’ First Amended Petition MHHC denies that it does business as “Magna Community Living Services” and denies that it has a registered trade name of “Magna Community Living Services.” MHHC denies the remainder of the statements and allegations in Paragraph 8 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 8 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

9. MHHC admits that Leonard Agbasi is a resident of Oklahoma who owns stock in MHHC. MHHC is without sufficient information to determine what is meant by the phrase “stands to profit or lose as result of the financial success or failure of the operation of those entities” and therefore denies the remainder of the statements and allegations in Paragraph 9 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 9 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services andlor Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

10. MHHC denies that Plaintiffs’ claims are meritorious and denies that it committed professional negligence and denies that it provided treatment or services to Michael Guinn III on January 19, 2010 or at any time prior thereto. MHHC is without sufficient information to form a belief as to the truth of the remaining statements and allegations in Paragraph 10 of Plaintiffs’ First Amended Petition and therefore denies the same.

11. MHHC incorporates the responses set forth in Paragraphs 1-10 as though fully set forth herein.

12. MHHC denies that it provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. MHHC is without sufficient information to determine what is meant by the phrase “{d]uring all times” and therefore denies the remainder of the statements and allegations in Paragraph 12 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 12 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

13. MHHC admits that it is licensed in Oklahoma to provide home care services. MHHC admits that it is subject to the Oklahoma Health Care Act, 63 O.S. § 1-1960, et etc.

MHHC denies the remainder of the statements and allegations in Paragraph 13 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 13 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

14. MHHC incorporates the responses set forth in Paragraphs 1-13 as if fully set forth herein.

15. Paragraph 15 of Plaintiffs’ First Amended Petition is a legal conclusion for which no response is necessary. To the extent any fact is deemed to be alleged, MMHC denies paragraph 15 of Plaintiff’s First Amended Petition. The statements and allegations in Paragraph 15 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

16. Paragraph 16 of Plaintiffs’ First Amended Petition is vague and ambiguous, and therefore MHHC denies the same. The statements and allegations in Paragraph 16 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

17. MHHC is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 17 of Plaintiffs’ First Amended Petition and therefore denies the same.

18. MHHC is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 18 of Plaintiffs’ First Amended Petition and therefore denies the same.

19. In response to Paragraph 19 of Plaintiffs’ First Amended Petition MHHC denies that it provided services to Michael Guinn iii on January 19, 2010 or at any time prior thereto. MHHC denies the statements and allegations in Paragraph 19 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 19 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

20. Paragraph 20 of Plaintiffs’ First Amended Petition is vague and ambiguous, and therefore MHHC denies the same. The statements and allegations in Paragraph 20 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

21. In response to Paragraph 21 of Plaintiffs’ First Amended Petition MHHC denies that it provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. MHHC denies the statements and allegations in Paragraph 21 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 21 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

22. In response to Paragraph 22 of Plaintiffs’ First Amended Petition MHHC denies that it provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. MHHC denies the statements and allegations in Paragraph 22 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 22 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.


23. In response to Paragraph 23 of Plaintiffs’ First Amended Petition, including subparts (a) through (e), MHHC denies that it provided services to Michael Guinn III on January

19, 2010 or at any time prior thereto. MHHC denies the statements and allegations in Paragraph 23 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 23 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

24. Tn response to Paragraph 24 of Plaintiffs’ First Amended Petition MHHC denies that it provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. MHHC denies the statements and allegations in Paragraph 24 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 24 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

25. MHHC denies Paragraph 25 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 25 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC. Further, MHHC denies each of the WHEREFORE paragraphs following Paragraph 25 and preceding Paragraph 26 of Plaintiffs’ First Amended Petition.

26. MHHC incorporates the responses set forth in Paragraphs 1-25 as if fully set forth herein.

27. MHHC denies Paragraph 27 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 27 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC.

28. MHHC denies Paragraph 28 of Plaintiffs’ First Amended Petition. The statements and allegations in Paragraph 28 of Plaintiffs’ First Amended Petition concerning Magna Community Living Services and/or Magna Health Care, Inc. do not require a response from MHHC because they are not directed at MHHC. Further, MHHC denies the WHEREFORE paragraph following Paragraph 28 of Plaintiffs’ First Amended Petition.

AFFIRMATIVE DEFENSES

Upon best knowledge, information, and belief, the following affirmative defenses are asserted to have or are likely to have evidentiary support upon reasonable opportunity for further investigation and discovery. MHHC submits the following affirmative defenses, subject to a determination of whether such are in fact affirmative defenses or whether they are part of Plaintiffs’ burden of proof in this matter.

1. Plaintiffs’ First Amended Petition fails, in whole or in part, to state a claim for which relief may be granted.

2. Plaintiffs’ claims may be barred by the statute of limitations.

3. Injuries alleged by Plaintiffs were caused by acts or instrumentalities over which this Defendant had no control, by the sole negligence or fault of Plaintiffs, instrumentalities over which Plaintiffs had control, or by the negligence or fault of others over whom this Defendant had no control and for whom this Defendant is not liable, or in the alternative, by the comparative negligence of Plaintiffs or others, and the amount of Plaintiffs’ damages must be reduced by the percentage of such negligence.

4. Injuries and/or damages alleged by Plaintiffs may have been proximately caused by supervening or intervening acts or circumstances.

5. Plaintiffs may have failed to mitigate damages.

6. Plaintiffs’ claim for exemplary damages is unwarranted and unsupported, and nevertheless violates this Defendant’s rights to procedural and substantive due process under the Fifth, Eighth and Fourteenth Amendments to the United States Constitution and corresponding provisions of the Oklahoma Constitution, as well as this Defendant’s constitutional right to equal protection of the laws.

7. This Defendant is entitled to, and reserves the right to, file counterclaims, cross- claims, and/or third-party petitions pending conclusion of discovery on this matter or the final resolution of this matter.

8. This Defendant reserves the right to amend this Answer and affirmative defenses at the conclusion of discovery in this case.

Having fully answered, Defendant Magna Home Health Care, Inc. prays that Plaintiffs take nothing by way of their First Amended Petition and that it receive its costs, expenses, and attorney fees associated with the defense of this action, together with all other relief the court deems just and equitable.

Defendant Leonard Agbasi appeared and answered as follows:

1. Agbasi is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph I of Plaintiffs’ First Amended Petition and therefore denies the same.

2. Agbasi is without sufficient infonnation to form a belief as to the truth of the statements and allegations in Paragraph 2 of Plaintiffs’ First Amended Petition and therefore denies the same.

3. Agbasi is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 3 of Plaintiffs’ First Amended Petition and therefore denies the same.

4. Agbasi is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 4 of Plaintiffs’ First Amended Petition and therefore denies the same.

5. Agbasi admits that Magna Health Care, Inc. d!b/a Magna Community Living Services (“MCLS”) contracts with the Oklahoma Department of Human Services to provide community services to persons with mental retardation, and that it provides such services in Tulsa County, Oklahoma. Agbasi admits that Magna Home Health Care, Inc. (“MHHC”) is in the business of providing home care services to clients in their place of residence and that it provides such services in Tulsa County, Oklahoma. Agbasi denies the remainder of the statements and allegations in Paragraph 5 of Plaintiffs’ First Amended Petition.

6. Agbasi admits Paragraph 6 of Plaintiffs’ First Amended Petition.

7. Agbasi admits Paragraph 7 of Plaintiffs’ First Amended Petition.

8. Agbasi admits that MCLS does business under the registered trade name “Magna Community Living Services.” Agbasi denies that MHHC does business as “Magna Community Living Services” and denies that it has a registered trade name of “Magna Community Living Services.”

9. Agbasi admits that he is a resident of Oklahoma who owns stock in both MCLS and MHHC. Agbasi is without sufficient information to determine what is meant by the phrase “stands to profit or lose as result of the financial success or failure of the operation of those entities” and therefore denies the remainder of the statements and allegations in Paragraph 9 of Plaintiffs’ First Amended Petition.

10. Aghasi denies that Plaintiffs’ claims are meritorious and denies that Agbasi, MCLS, and MHHC committed professional negligence. Agbasi is without sufficient information to form a belief as to the truth of the remaining statements and allegations in Paragraph 10 of Naintiffs’ First Amended Petition and therefore denies the same.

11. Agbasi incorporates the responses set forth in Paragraphs 1-10 as though fully set forth herein.

12. Agbasi denies that MHHC provided services to Michae’ Quinn III on January 19, 2010 or at any time prior thereto. Agbasi admits that MCLS provided services to Michael Quinn III, but Agbasi is without sufficient information to determine what is meant by the phrase “[d]uring all times” and therefore denies the remainder of the statements and allegations in Paragraph 12 of Plaintiffs’ First Amended Petition.

13. Agbasi admits that MHHC is licensed in Oklahoma to provide home care services. Aghasi admits that MHHC is subject to the Oklahoma Health Care Act, 63 O.S. § 1- 1960, et ccl. Aghasi denies that MCLS is required to hold a license and denies the remainder of the statements and allegations in Paragraph 13 of Plaintiffs’ First Amended Petition.

14. Agbasi incorporates the responses set forth in Paragraphs 1-13 as if fully set forth herein.

15. Paragraph 15 of Plaintiffs’ First Amended Petition is a legal conclusion for which no response is necessary. To the extent any fact is deemed to be alleged, Agbasi denies paragraph 15 of Plaintiffs First Amended Petition.

16. Paragraph 16 of Plaintiffs’ First Amended Petition is vague and ambiguous, and therefore Agbasi denies the same.

17. Agbasi admits Paragraph 17 of Plaintiffs’ First Amended Petition.

18. Agbasi is without sufficient information to form a belief as to the truth of the statements and allegations in Paragraph 18 of Plaintiffs’ First Amended Petition and therefore denies the same.

19. In response to Paragraph 19 of Plaintiffs’ First Amended Petition, Agbasi denies that MHHC provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. Agbasi denies Paragraph 19 of Plaintiffs’ First Amended Petition.

20. Paragraph 20 of Plaintiffs’ First Amended Petition is vague and ambiguous, and therefore Agbasi denies thc same.

21. In response to Paragraph 21 of Plaintiffs’ First Amended Petition, Agbasi denies that MHHC provided services to Michael Quinn III on January 19, 2010 or at any time prior thereto. Agbasi denies Paragraph 21 of Plaintiffs’ First Amended Petition.

22. In response to Paragraph 22 of Plaintiffs’ First Amended Petition, Agbasi denies that MHHC provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. Agbasi denies Paragraph 22 of Plaintiffs’ First Amended Petition.

23. In response to Paragraph 23 of Plaintiffs’ First Amended Petition, including subparts (a) through (e), Agbasi denies that MHI-IC provided services to Michael Quinn III on January t9, 2010 or at any time prior thereto. Agbasi denies Paragraph 23 of Plaintiffs’ First Amended Petition, including subparts (a) through (e).

24. In response to Paragraph 24 of Plaintiffs’ First Amended Petition, Agbasi denies that MHHC provided services to Michael Guinn III on January 19, 2010 or at any time prior thereto. Aghasi denies Paragraph 24 of Plaintiffs’ First Amended Petition.

25. Agbasi denies Paragraph 25 of Plaintiffs’ First Amended Petition. Further, Agbasi denies each of the WHEREFORE Paragraphs following Paragraph 25 and preceding Paragraph 26 of Plaintiffs’ First Amended Petition.

26. Agbasi incorporates the responses set forth in Paragraphs 1-25 as if fully set forth herein.

27. Agbasi denies Paragraph 27 of Plaintiffs’ First Amended Petition.

28. Agbasi denies Paragraph 28 of Plaintiffs’ First Amended Petition. Further, Agbasi denies the WHEREFORE Paragraph following Paragraph 28 of Plaintiffs’ First Amended Petition.

AFFIRMATIVE DEFENSES

Upon best knowledge, information, and belief, the following affirmative defenses are asserted to have or are likely to have evidentiary support upon reasonable opportunity for further investigation and discovery. Aghasi submits the following affirmative defenses, subject to a determination of whether such are in fact affirmative defenses or whether they are part of Plaintiffs’ burden of proof in this matter.

1. Plaintiffs’ First Amended Petition fails, in whole or in part, to state a claim for which relief may be granted.

2. Plaintiffs’ First Amended Petition states no legal theory of recovery against Agbasi and alleges no act or omission on the part of Agbasi which would make Agbasi a proper party to this lawsuit.

3. Plaintiffs’ claims may be barred by the statute of limitations.

4. Injuries alleged by Plaintiffs were caused by acts or instrumentalities over which this Defendant had no control, by the sole negligence or fault of Plaintiffs, instrumentalities over which Plaintiffs had control, or by the negligence or fault of others over whom this Defendant had no control and for whom this Defendant is not liable, or in the alternative, by the comparative negligence of Plaintiffs or others, and the amount of Plaintiffs’ damages must be reduced by the percentage of such negligence.

5. Injuries and/or damages alleged by Plaintiffs may have been proximately caused by supervening or intervening acts or circumstances.

6. Plaintiffs may have failed to mitigate damages.

7. Plaintiffs’ claim for exemplary damages is unwarranted and unsupported, and nevertheless violates this Defendant’s rights to procedural and substantive due process under the Fifth, Eighth and Fourteenth Amendments to the United States Constitution and corresponding provisions of the Oklahoma Constitution, as well as this Defendant’s constitutional right to equal protection of the laws.

8. This Defendant is entitled to, and reserves the right to, file counter-claims, crossclaims and/or third-party petitions pending conclusion of discovery on this matter or the final resolution of this matter.

9. This Defendant reserves the right to amend this Answer and affirmative defenses at the conclusion of discovery in this case.

Having fully answered, Defendant Leonard Agbasi prays that Plaintiffs take nothing by way of their First Amended Petition and that he receive his costs, expenses, and attorney fees associated with the defense of this action, together with all other relief the court deems just and equitable.

Agreed Motion to Approve Settlement

COME NOW Applicants, Michael Guinn, II and Kimberly Guinn as Co-Guardians of Michael Guinn, III and makes Application to this Court to Approve Settlement and, pursuant to 42 U.S.C. § 1 396p(d)(4)(A), to establish the Michael Guinn, III Irrevocable Trust, a Medicaid Disability Trust. In support of their motion, Applicants state as follows:

1. Michael Guinn, II and Kimberly Guinn as co-guardians of Michael Guinn, III have reached an informed decision to settle all claims or potential claims of Michael Guinn, III against Magna Community Living Services (MCLS), Magna Home Health Care, Inc. (MHHS), and Leonard Agbasi

2. Michael Guinn, III is a resident of Tulsa County, Oklahoma and receives, amo$çither government benefits, needs based medical benefits, 3. On or about January 19, 2010, Mr. Guinn, III sustained personal injuries in an incident for which he was not at fault. Mr. Guinn, III received medical treatment and incurred medical expenses for his injuries;

4. Mr. Guinn, III and the alleged at-fault party’s liability insurance carriers have reached an agreement to resolve the injury portion of the case;

5. Mr. Guinn, III’s counsel and the Oklahoma Healthcare Authority have reached an agreement to fully satisfy the Medicaid lien.

6. Mr. Guinn, III’s net recovery will exceed the maximum amount he is allowed to posses in order to retain his needs based state aid. Applicants, Kimberly Guinn and Michael Guinn, II as co-guardians of Michael Guinn, III and Deputy General Counsel for the Oklahoma Health Care Authority Travis Smith have agreed that the establishment and maintenance of a Medicaid Disability Trust is the proper and acceptable manner to protect Michael Guinn, III’s interest;

7. Applicant Kimberly Guinn has agreed to serve as the Trustee and bear all of the risks and responsibilities associate with her role. Applicant requests that bond be waived;

8. Applicant has obtained a federal tax identification number and will open the appropriate bank account(s);

9. Travis Smith Deputy General Counsel for the Oklahoma Health Care Authority, has approved the form and content of this Trust. Mr. Smith’s signature for the Trust document is provided contemporaneously with this filing attached to the Trust document See Trust Agreement, Attached hereto as Exhibit “A”;

10. Pursuant to 42 U.S.C. § 1396p(d)(4)(A) this Court is authorized to establish this trust;

11. Applicant requests that the Court establish the Trust in the form and with the content presented with such Trust document being submitted contemporaneously with this filing for the Court’s review;

12. The Trust will be funded by the settlement proceeds from the Defendants’ liability insurance policy after deduction of all costs, attorney fees, subrogation claims, liens and medical expenses. A copy of a proposed distribution statement including payments of costs, attorney fees, subrogation claims, liens and medical expenses can be made available for the Court’s inspection;

13. Applicants are not aware of the existence of a will. Applicants represent to this Court that Michael Guinn, III does not own any appreciable assets;

14. Because the corpus of this Trust will be relatively small and there will likely never be further capital contribution, Applicants request that the Court waive bond;

15. For the reasons stated above, Applicants request that the Court not appoint a Guardian Ad Litem (“GAL”), as a GAL will require payment of fees and further unnecessarily deteriorate the corpus of the Trust;

WHEREFORE Applicant requests that the Court approve settlement and establish the Michael Guinn, III Irrevocable Trust, a Medicaid Disability Trust pursuant to 42 U.S.C. § 1 396p(d)(4)(A). In the alternative, Applicants request that the Court set a date and time certain for a hearing to establish the Michael Guinn, III Irrevocable Trust, and for all such other relief allowed by law.

See Court docket

Outcome: Settlement for an undisclosed sum approved by the Court

Plaintiff's Experts:

Defendant's Experts:

Comments: Reported by Colletta McNew