Laibow v. Menashe
| Decision Date | 21 November 2019 |
| Docket Number | Civ. No. 19-4549 (KM) (SCM) |
| Parties | RIMA E. LAIBOW, spouse of ALBERT N. STUBBLEBINE, III, deceased, Plaintiff, v. RICHARD MENASHE, WILLIAM OSER, LISA CASALE, THE COMMUNITY HOSPITAL GROUP d/b/a JFK MEDICAL CENTER, KINDRED HOSPITAL, ABC COMPANIES (1-10), DEFENDANT PARTNERSHIPS (1-10), JOHN DOE PHYSICIANS (1-10), JANE DOE NURSES (1-10), JANE MOE TECHNICIANS, and PARAMEDICAL EMPLOYEES (1-20), Defendants. |
| Court | U.S. District Court — District of New Jersey |
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Pro se Plaintiff Rima Laibow brings this case on behalf of the estate of her husband, Major General Albert N. Stubblebine, III. Ms. Laibow's complaint alleges negligence and statutory violations by several institutions and professionals involved in the medical treatment of Gen. Stubblebine in the weeks preceding his death in 2017. Before the Court are two motions: Defendant Kindred Hospital's Motion to Dismiss Plaintiff's Complaint with Prejudice and Compel Alternative Dispute Resolution in Lieu of an Answer (DE 10); and Defendant Lisa Casale's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (DE 11). For the following reasons, both motions to dismiss are GRANTED.
Ms. Laibow and Gen. Stubblebine were married for twenty-three years before he died on February 6, 2017. (DE 1 ¶¶ 1 & 3). Ms. Laibow is the executor and administrator of his estate and a citizen of Arizona. (DE 1 ¶¶ 1 & 2). At the time of his death, Gen. Stubblebine was without known children, and he had a life expectancy (actuarially speaking, presumably) of 4.6 years. (DE 1 ¶ 3). He was a citizen of Arizona. (DE 1 ¶ 3). The amount in controversy in this dispute exceeds $75,000.00, exclusive of interest and costs. (DE 1 ¶ 4).
Defendant Richard Menashe is an osteopathic doctor with thirty-four years of experience. (DE 1 ¶ 5). He specializes in family medicine. (DE 1 ¶ 5). Dr. Menashe is affiliated with Defendant JFK Medical Center. (DE 1 ¶ 5).
Defendant William Oser is a medical doctor with thirty-four years of experience. (DE 1 ¶ 7). He practices internal medicine. (DE 1 ¶ 7). Dr. Oser is affiliated with Defendant JFK Medical Center.2 (DE 1 ¶ 7).
Defendant Lisa Casale is a medical doctor who specializes in pulmonology. (DE 1 ¶ 9).
Defendant Community Hospital Group, Inc. ("Community") is a New Jersey non-profit corporation that owns, operates, and does business as JFK Medical Center ("JFK"). (DE 1 ¶ 11; DE 1 ¶ 12)3
Defendant Kindred Hospital is a thirty-four-bed "transitional hospital" in Rahway, New Jersey. (DE 1 ¶ 13). Kindred advertises that as a "transitional care hospital" it offers "the same in[-]depth care [a patient] would receive in a traditional hospital but for an extended recovery period." (DE 1 ¶ 13). It partners with physicians to offer twenty-four-hour clinical care, seven days a week. (DE 1 ¶ 13).
From September 1, 2016, to January 4, 2017, Gen. Stubblebine was a patient at JFK. (DE 1 ¶ 16). On January 4, 2017, he was transferred from JFK to Kindred at the behest of JFK personnel. (DE 1 ¶ 17). At the time, Ms. Laibow was Gen. Stubblebine's attorney-in-fact and health-care representative, but she was not given sufficient notice and did not consent to the transfer. (DE 1 ¶ 17).
Between January 4, 2017 and February 5, 2017, Gen. Stubblebine was a patient at Kindred. (DE 1 ¶ 18). On February 5, 2017, he was moved to Robert Wood Johnson University Hospital, where he died the next day, February 6, 2017. (DE 1 ¶ 18).
During this time, Defendants provided negligent services and deviated from the standard of care with respect to Gen. Stubblebine, which led to his death. (DE 1 ¶ 19-22).
Ms. Laibow's complaint alleges eight counts of tort- and statute-based wrongdoing. She alleges the following:
1. Counts 1 and 2: Negligence and Wrongful Death (Against Kindred and JFK)
Defendants had a nondelegable duty to exercise reasonable care towards Gen. Stubblebine. (DE 1 ¶¶ 26 & 35). Defendants failed to allocate sufficient resources to adequately care for Gen. Stubblebine and otherwise failed to exercise reasonable care, including by abandoning Gen. Stubblebine at JFK while he needed a ventilator to breathe. (DE 1 ¶¶ 27 & 36). Defendants violated the New Jersey Patient Bill of Rights, N.J.S.A 30:4-24.2, by:
Gen. Stubblebine was admitted to JFK with aspirational pneumonia and sepsis, which improved, but the sepsis returned more virulently as a result of a nosocomial infection caused by poor sanitary conditions. (DE 1 ¶¶ 28 &37). These infections included MRSA, C. diff., and pseudomonas. (DE 1 ¶¶ 28 & 37). They required the administration of stronger medications, which in turn were more toxic and caused more kidney and other organ damage. (DE 1 ¶¶ 28 & 37). Defendants' documentation of Gen. Stubblebine's care and treatment was lax, inaccurate, and inadequate. (DE 1 ¶¶ 28 8s 37).
2. Counts 3 and 4: Negligence Per Se Under the New Jersey Patient Bill of Rights (Against Kindred and JFK)
Defendants failed to ensure, preserve and otherwise provide for Gen. Stubblebine's rights under N.J. Stat. Ann. § 30:4-24.2 and New Jersey common law. (DE 1 ¶ 48-49 & 56-57). Gen. Stubblebine suffered severe injuries and damages, including dehydration, malnutrition, weight loss, improper treatments, pressure ulcers, infections, extreme pain and discomfort, increased expenses associated with further surgical pain and expensive surgical procedures, mental and emotional anguish, a significantly decreased quality of life, deprivation of dignity, general and specific neglect and lack of care, and substantial costs and expenses for medical care and treatment andultimately suffered a prolonged, agonizing, untimely, and likely preventable death. (DE 1 ¶ 48-49 & 56-57).
3. Counts 5 and 6: Negligent Supervision (Against JFK and Kindred)
Defendants knew or should have known that their...
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