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Fed court dismisses lesbian hospital lawsuit
09.30.2009 9:36am EDT
(Miami, Fl.)
The United States District Court for the Southern District of Florida
today rejected Lambda Legal’s lawsuit filed against Jackson Memorial
Hospital on behalf of Janice Langbehn, the Estate of Lisa Pond and
their three adopted children who were kept apart by hospital staff for
eight hours as Lisa slipped into a coma and died.
“The
court’s decision paints a tragically stark picture of how vulnerable
same-sex couples and their families really are during times of crisis,”
said Beth Littrell, Staff Attorney in Lambda Legal’s Southern Regional
Office based in Atlanta. “We hope that because of Janice’s courage to
seek justice for her family in this case that more people better
understand the costs of antigay discrimination. This should never
happen to anyone.”
While on a family cruise leaving from Miami, Lisa
Pond, a healthy 39 year-old, suddenly collapsed. She was rushed to
Miami’s Jackson Memorial Hospital with her partner Janice and three
children following close behind. There, the hospital refused to accept
information from Janice about her partner’s medical history. Janice was
informed that she was in an antigay city and state, and she could
expect to receive no information or acknowledgment as Lisa’s partner or
family.
A doctor finally spoke with Janice telling her that there
was no chance of recovery. Other than one five minute visit that was
arranged by a Catholic priest at Janice’s request to perform last
rites, and despite the doctor’s acknowledgement that no medical reason
existed to prevent visitation, neither Janice – who provided the
hospital with a medical Power of Attorney document — nor their children
were allowed to see Lisa until nearly eight hours after their arrival.
Soon
after Lisa’s death, Janice tried to get her death certificate in order
to get life insurance and Social Security benefits for their children.
She was denied both by the State of Florida and the Dade County Medical
Examiner.
Today’s ruling comes after the Public Health Trust of
the Miami Dade County, the governing body of Jackson Memorial Hospital,
filed a motion to dismiss the case. The court ruled that the hospital
has neither an obligation to allow their patients’ visitors nor any
obligation whatsoever to provide their patients’ families, healthcare
surrogates, or visitors with access to patients in their trauma unit.
The court has given the Langbehn-Pond family until Oct. 16 to review
the ruling and consider all legal options.
Beth Littrell, Staff
Attorney in Lambda Legal’s Southern Regional Office in Atlanta is lead
counsel on the case for Lambda Legal. She is joined by co-counsel
Donald J. Hayden of Baker & McKenzie, LLP.