Rzayeva v. U.S.
| Decision Date | 31 May 2007 |
| Docket Number | No. 3:06-cv-882 (PCD).,3:06-cv-882 (PCD). |
| Parties | Jasmin RZAYEVA, Estate of Margo Musayelova, and Svetlana Bagdasaryan, Plaintiffs, v. UNITED STATES of America, et al., Defendants. |
| Court | U.S. District Court — District of Connecticut |
Jasmin Rzayeva, Hartford, CT, pro se.
Estate Margo Musayelova, Hartford, CT, pro se.
Svetlana Bagdasaryan, Hartford, CT, pro se.
Lauren M. Nash, U.S. Attorney's Office, New Haven, CT, Richard J. Lynch, Tanya Feliciano Demattia, Attorney General's Office Health & Human Services, Bradley Martin Smolkin, Robert E. Kiley, Thomas 0. Anderson, Morrison Mahoney, Jay F. Huntington, Lawrence L. Connelli, Regnier, Taylor, Curran & Eddy, Jessica D. Meerbergen, William Joseph Scully, Cooney, Scully & Dowling, Mark Alan Rosenblum, Matthew Wax-Krell, Rogin, Nassau, Caplan, Lassman & Hirtle, Jason Kirk Henderson, Michael R. Mcpherson, Sharon A. Solinsky, Theodore J. Tucci, Danaher Lagnese & Neal, P.C., Michael G. Rigg, O'Brien, Tanski & Young, Hartford, CT, Richard N. Freeth, Winget Spadafora & Schwartzberg, Eric W.F. Niederer, Wilson, Elser, Moskowitz, Edelman & Dicker, Daniel Schwartz, Kate H. Bally, Day Pitney LLP, Stamford, CT, for Defendants.
RULING ON MOTIONS TO DISMISS
Pro se plaintiff Jasmin Rzayeva, individually and as representative of the Estate of Margo Musayelova and as representative of Svetlana Bagdasaryan ("Plaintiffs"), filed a 733-paragraph Complaint dated May 30, 2006 against 22 defendants: the United States; the U.S. Department of Justice ("DOJ"); the Federal Bureau of Investigation ("FBI"); the U.S. Department of Health and Human Services ("DHHS"); Shawn J. Chen, Assistant U.S. Attorney, District of Connecticut; the State of Connecticut; Jodi Rell, Governor of the State of Connecticut; Richard Blumenthal, Attorney General, State of Connecticut; the Division of Criminal Justice; the State of Connecticut Department of Social Services ("DSS"); Michael Starkowski, Deputy Commissioner of the Department of Social Services; H. Wayne Carver,1 Connecticut State Medical Examiner; Judge Robert Killian, Court of Probate, District of Hartford; Attorney Howard Hames; Connecticut Community Care, Inc. ("CCCI"); Saint Francis Hospital; the Hebrew Home and Hospital ("Hebrew Home"); Jewish Family Services; Interim Health Care Agency ("Interim"); Gentiva Health Care Agency ("Gentiva")2; Jeff Burgess; and Dr. Gregory Isenberg.3 Now pending are eleven motions to dismiss [Doc. Nos. 38, 129, 144, 174, 190, 191, 195, 199, 253, 257, and 259]. For the reasons that follow, these motions are granted.
The 120-page, 755-paragraph Complaint in this action appears to allege that various defendants committed multiple civil rights violations, medical malpractice, and Medicare/Medicaid fraud, and conspired to murder and murdered Margo Musayelova, Plaintiff Jasmin Rzayeva's mother. According to the Complaint, this is a case of "hate crime, health care fraud, and murder" (compl.¶ 28) committed by federally funded health care providers and their Government co-conspirators, the majority of whom, the Complaint alleges, "are people of Jewish origin, outspoken Zionists" who murdered Ms. Musayelova in retaliation for Ms. Rzayeva's filing complaints of health care fraud with state and federal authorities and for her anti-Semitism. (Id. ¶¶ 29, 88.)
According to the Complaint, when Ms. Musayelova was ill with cancer, she received home health care services from Defendants Gentiva and Interim Health Care Agencies. Plaintiffs allege that Interim employees provided low quality care by violating proper hygiene procedures, missing their scheduled visits, and leaving Ms. Musayelova without adequate nursing care. (Compl.¶¶ 36, 38-40.) Because Gentiva and Interim continued to charge Medicare for unperformed visits, Plaintiff Rzayeva complained to DSS and CCCI, but neither DSS nor CCCI adequately responded to her complaints. Plaintiff alleges that DSS and CCCI participated in the health care fraud by approving payments for claims which they knew to be false and made for unperformed services. (Id. ¶ 37.) To cover up this fraud and to retaliate against Ms. Rzayeva for her complaints, CCCI employees began to "sabotage" Ms. Musayelova's health care in various ways and disclosed Ms. Musayelova's health information in violation of federal.
On July 9, 2004, Michael Starkowski, Deputy Commissioner of the DSS, together with a DSS social worker, several CCCI employees, and Dr. Gregory Isenberg, Ms. Musayelova's primary physician, petitioned the Court of Probate in Hartford, CT, to terminate Plaintiff Rzayeva's power of attorney, appoint an employee of DSS, Cassandra Henderson, to serve as Ms. Musayelova's temporary conservator and health care agent, and place Ms. Musayelova in the Hebrew Home & Hospital nursing facility. (Compl.¶ 46.) The petitioners also asserted that Ms. Musayelova had never granted anyone power of attorney, was mentally incompetent, and was being abused by Plaintiff Rzayeva, who did not administer Ms. Musayelova's medication. (Id. ¶¶ 47, 48.) According to the Complaint, Judge Robert Killian appointed Ms. Henderson to be Ms. Musayelova's temporary conservator and health care agent in violation of Connecticut General Statute § 19a-576(d),4 and Henderson abused her role as temporary conservator by secretly authorizing a "Do Not Resuscitate" order for Ms. Musayelova and failing to file with the court a written report of her actions as conservator as required by Connecticut law. (Compl.¶¶ 60, 61, 63.) The Complaint further alleges that Judge Killian violated Ms. Rzayeva's and Ms. Musayelova's civil rights by deciding ex parte to appoint a temporary conservatorship, without providing them the opportunity to be heard and without jurisdiction over issues in Ms. Musayelova's case relating to Medicare fraud and other federal issues. (Id. ¶¶ 101-03, ¶¶ 476-78.)
The crux of Plaintiffs' claims concerns an alleged conspiracy revolving around Ms. Musayelova's death in July, 2004. Plaintiffs allege that the medical staff of Hebrew Home & Hospital intentionally overdosed Ms. Musayelova with warfarin, a blood thinner medication improperly prescribed by Dr. Isenberg on July 1, 2004 as part of the overarching conspiracy to kill her. (Compl.¶¶ 65, 542, 554.) On July 15, 2004, six days after Ms. Musayelova was placed at the Hebrew Home facility, she suffered a massive stroke and fell into a coma. Observing bruises on Ms. Musayelova's body, Ms. Rzayeva suspected that Ms. Musayelova had suffered a cerebral hemorrhage caused by a warfarin overdose, and she asked the Hebrew Home staff to call an ambulance to take Ms. Musayelova to the hospital. According to the Complaint, the Hebrew Home medics, pointing to the "Do Not Resuscitate" order authorized by Ms. Henderson, refused Plaintiff Rzayeva's request, thereby facilitating Ms. Musayelova's death. (Id. ¶ 68.) Plaintiffs allege that the attending physician at Hebrew Home falsely asserted in the discharge summary that Ms. Musayelova died of multi-organ system failure caused by her terminal cancer, deliberately and maliciously omitting Ms. Musayelova's bleeding disorder and warfarin therapy from the discharge summary. The summary discharge's attribution of Ms. Musayelova's death to cancer allegedly provided a false basis on which Defendant H. Wayne Carver, the Connecticut State Chief Medical Examiner, denied Ms. Rzayeva's request for an autopsy.
Plaintiffs maintain that Ms. Musayelova's death resulted from a vast conspiracy perpetrated by various health care providers and government officials who discriminated against Plaintiffs and sought to retaliate against Ms. Rzayeva in order to cover up their ongoing Medical e/Medicaid fraud. According to Plaintiffs, employees of Defendant Saint Francis Hospital had twice previously tried to poison Ms. Musayelova (Compl.¶¶ 94-95), and the forcible placement of Ms. Musayelova at the Hebrew Home was in part retaliation for Plaintiff Rzayeva's preventing the intentional overdose of Ms. Musayelova. (Id. ¶ 97.) Plaintiffs further allege that the federal government conspired with the health care provider defendants to cover up the facts surrounding Ms. Musayelova's death. After her mother's death, Ms. Rzayeva notified the FBI, the District of Connecticut U.S. Attorney's office, the State Division of Criminal Justice, and other state and federal agencies, and reported that her mother was murdered in connection with a health care fraud conspiracy. These various government officials either declined to investigate the matter or failed to return her calls. (Id. ¶¶ 107, 109-118.)
Plaintiffs attributes the alleged murder of Ms. Musayelova and the government's response to the workings of on alleged Zionist conspiracy. Plaintiffs contend that "Zionists," with "their collaborators of other nations," perpetuate health care fraud and are able to do so because they are "faced with well-organized State mafia consisting mostly of people of Jewish origin." (Compl.¶ 92.) The Complaint boldly states that: "It is widely known fact, that being an ethnical [sic] minority in the USA the Jews are the majority in the USA government, including its law enforcement agencies, who very often cover up the crimes their Jewish tribesmen commit and thus put their own nation above the law in connection with the Zionist idea that Jews are chosen race and can do whatever they want and other people shall meekly stand it." (Id. 126(a).)
In May, 2006, Plaintiffs filed this complaint bringing the following claims: (1) against the FBI and the DOJ for failure to investigate the alleged murder of Ms. Musayelova and the health care fraud allegedly perpetrated by the health care provider defendants (Compl. Count 1, ¶¶ 133-141); (2) against the FBI and the DOJ for violation of Ms....
To continue reading
Request your trial
- Taylor v. Norwalk Cmty. Coll.
-
Gross v. Rell
... ... 533, 877 A.2d 773, and it is not sufficiently similar to this case for us to determine with confidence what state law on this point is. Therefore, we certify questions to the Connecticut Supreme Court so that it may decide ... Cosentino, 876 F.2d 1 (1st Cir.1989) (per curiam); Collins v. West Hartford Police Department, 380 F.Supp.2d 83 (D.Conn. 2005); Rzayeva v. United States, 492 F.Supp.2d 60 (D.Conn.2007); Sasscer v. Barrios-Paoli, No. 05-cv-2196, 2008 WL 5215466, at *5 n. 5 (S.D.N.Y. Dec.8, 2008). 10 ... ...
- Gonzalez v. Ocwen Home Loan Servicing
-
Fotopolous v. Bd. of Fire Commissioners of the Hicksville Fire Dist.
...of the defendants is not a member of a protected class under § 1985” (citing Gleason, 869 F.2d at 694–96)); Rzayeva v. United States, 492 F.Supp.2d 60, 82 (D.Conn.2007) ( “Membership in non-racial, political classes generally cannot serve as a basis for § 1985 claims.” (citing Scott, 463 U.......
-
Patient Consent to Health Information Technology: Safeguarding Patients’ Records and Confidences
...at 42 U.S.C. § 17931). 68 See, e.g., Ames v. Grp. Health Inc., 553 F. Supp.2d 187, 192 (E.D.N.Y. 2008); Rzayeva v. United States, 492 F. Supp.2d 60, 83 (D. Conn. 69 See, e.g., Acara v. Banks, 470 F.3d 569, 571 (5th Cir. 2006) (holding that HIPAA does not provide a private right of action). ......