Murphy Jones LLP has filed a civil complaint in the District Court of Nevada on behalf of nurse Jessica Rice, RN against Sunrise Hospital Medical Center, et. al., for Defamation, Wrongful Termination, Intentional Infliction of Emotional Distress, Negligence, Conspiracy, Civil RICO violations and Fraud in relation to an ongoing dispute arising from Sunrise Hospital’s allegations of “intentional patient harm” against infant patients in the Neonatal Intensive Care Unit (NICU).

On July 2, 2010, two-month old baby Miowne Obote died from complications stemming from a disrupted catheter line. Sunrise Hospital requested that the Las Vegas Metro Police Dept. investigate fourteen (14) incidents of disrupted catheters, and the subsequent police investigation has not led to any criminal charges being filed. The Clark County Coroner has admitted that his initial determination that the death was a homocide was not supported by any County Coroner investigation and instead he relied on the conclusion of the allegedly flawed analysis by an expert that Sunrise Hospital hired.

Subsequently, both Ms. Rice, and another NICU nurse were summarily suspended from nursing practice by the Nevada Board of Nursing. After an independent investigation, the Nevada Board of Nursing found no evidence of wrongdoing and reinstated both nurses’ licenses. (“Fired Sunrise nurse files suit,” Harasim 5/31/12, Las Vegas Review-Journal.)

Sunrise Hospital terminated the employment of both of nurses based on an alleged policy violation. The nurses’ union, (Service Employees International Union of Nevada; i.e., SEIU NV), filed a grievance against the hospital for wrongful termination. In December 2011, the Federal Arbitrator found in favor of Ms. Rice and issued an Order requiring Sunrise Hospital to reinstate Ms. Rice to her former position in the NICU and awarded her back pay. To date, Sunrise Hospital has refused to comply with the Arbitrator’s decision. The nurses’ union (SEIU) has filed a lawsuit in Federal Court seeking to enforce the Arbitrator’s decision.

The civil Complaint filed by Murphy Jones LLP on behalf of Ms. Rice on May 29, 2012, alleges that Sunrise Hospital was made aware of “at least thirteen (13) incidents involving intravenous catheter lines, in which the catheters became separated in two (2) of the incidents…interrupting the flow of fluids through the catheter. After two (2) catheter incidents resulted in harm or potential harm to infants in May 2010, Defendants intentionally, and/or with reckless disregard for the truth and/or negligently began a course of conduct that focused aggressively on employee Plaintiff Jessica Rice as the presumed suspect for the cause of the catheter incidents, labeled her as a ‘person of interest,’ terminated her from her employment without just cause, exposed her to public contempt, ridicule and disgrace and induced evil opinion of her.”

Recent high profile media attention has been focused on Sunrise Hospital’s allegations that two nurses were intentionally “disrupting catheters” in the Neo-natal Intensive Care Unit of Sunrise Children’s Hospital. Murphy Jones LLP successfully defended one of the accused nurses, Jessica Rice, who voluntarily placed her nursing license on “Inactive Status” during the investigation by Las Vegas Metro Police and the Nevada State Board of Nursing. Subsequently, the investigation has failed to produce any evidence of wrongdoing of any nurses, both nurses have had their licenses reinstated and the police have not filed any criminal charges. 

For further information relating to the case, please see:

Las Vegas Channel 8 News story wherein Attorney Kathleen Jones is interviewed and speaks about her client, Jessica Rice, who was wrongfully accused of cutting catheters in the Neo-natal Intensive Care Unit of Sunrise Children’s Hospital, the inadequate investigation by Sunrise Hospital and the wrongful termination of the nurses.

Las Vegas Channel 8 News story describing that the accused nurses had their licenses reinstated after the Nursing Board’s investigation, and the police investigation, because their was no evidence of wrongdoing of either nurse.

Las Vegas Channel 8 News story explaining that the Sunrise Hospital investigation of the ‘disrupted catheters,’ and the report that prompted the criminal investigation, was inadequate and failed to produce any conclusive findings. Sunrise Hospital hired a “metallurgist” (specialist in metals) to examine the rubber catheters. The investigation did not examine whether a product failure was the cause, and the hospital requested the expert to state whether or not the lines could have been cut and not to determine the cause of the catheter failures. The Las Vegas Metro Police investigation into ‘intentional disruption’ was based in part on the findings of Sunrise’s investigation.

Las Vegas Review Journal newspaper Nov. 7, 2010 ”Babies’ deaths haunt Sunrise nurses” wherein Attorney Kathleen Jones is quoted regarding Sunrise Hospital’s failure to properly investigate.

Las Vegas Review Journal newspaper Nov. 21, 2010 article “Safety shortcomings spotted in Sunrise catheter case” wherein Debora Simmons, head of the Houston-based National Center for Cognitive Informatics and Decision Making in Healthcare said, ”This is a failure of hospital leadership…We’re talking about a culture where tolerance of patient harm was allowed to develop…You have to fix a problem before you kill somebody.” Ms. Simmons went on to say, “They (Sunrise officials) should have recognized that they didn’t have the expertise to deal with this right away…The way they handled this was a tragedy.”

Las Vegas Review Journal newspaper Jan. 17, 2011 article “Hospital Warned about evidence in catheter case” describing that Sunrise Hospital officials have been warned not to ”destroy, conceal, and/or alter any evidence” surrounding catheter failures at the institution.” The catheter failures led to one infant’s death and another infant patient needed a life-saving operation as a result of a separate catheter failure. Attorney George Kelesis was quoted as saying, ”Unfortunately, Sunrise has been known to get rid of evidence that may hurt them before they go to court” in reference to a 2004 $5 million medical malpractice lawsuit which made it to the Nevada Supreme Court in which Sunrise Hospital “had a duty to preserve anesthesia equipment used in patient’s surgery” and sold the equipment in question instead of preserving it for inspection.
 

California Board of Nursing replacements were elected August 12, 2009, and discussed raising licensing fees in 2010 and addressing the backlog of disciplinary actions. New Board members meet with the committees today in Sacramento.

Nursing Licensure fees have not been altered for the past 18 years, and will be increased by almost 50%. The increase in fees is necessary to fund the 63 positions created to handle complaints and investigate disciplinary actions. Renewal rates will increase to $150 (+ an additional $10 for the RN Educational Fund), interim & temporary license fees will rise to $50, and initial fees for NPs, nurse midwives, CNAs and clinical nurse specialists will also cost $150. The Board moved to support the increase of fees and will set a public hearing date shortly. The soonest the Board could vote on the increased fee schedule is November 2009.

Gov. Schwarzenegger appointed Brian Stiger as the new director of the Dept. of Consumer Affairs. Stiger has ordered an internal review of the Cal. Board of Nursing disciplinary process, and reform is a top priority. Stiger’s goal is to streamline the process so that complaints are investigated, prosecuted and resolved within a 12 – 18 month timeframe.

http://nursing.advanceweb.com/Editorial/Content/Editorial.aspx?CC=205077

Dr. Howard Dean wants to speak directly with nurses and doctors about the role they must play during this critical phase in new healthcare system legislative process. The conference, which is co-sponsored by the American Nurses Association, is intended to discuss elements of the House and Senate bills and how they will impact health care professionals.. Murphy Jones LLP healthcare attorneys will attend the tele-conference in effort to contribute to the development of legislation that furthers interests of the nursing profession. All nurses and people wanting to learn more about the actions each individual can take to make nurses’ needs a legislative and national priority are encouraged to attend and contribute.

The conference call will take place July 22, 2009, at 6:30 pm EST. In order to complete registration and review additional details related to the national conference call visit:

http://www.rnaction.org/site/PageServer?pagename=EmergencyCallwithDrDean

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