Prompt Action by Defense
Counsel Averts Temporary Injunction
[The following report shows
how prompt action by defense counsel Christopher
J. Karpinski, an attorney in QMPW's Jacksonville
office, helped a Jacksonville nursing home avert
a Temporary Injunction sought by the Plaintiff.
Since the lawsuit is still pending, we are unable
to reveal the name of the nursing home client.]
* * * * *
On April 24, 2002, Judge Jean
M. Johnson of the Fourth Judicial Circuit, denied
Plaintiff's Emergency Motion for Temporary Injunction,
in which the Plaintiff, who continued to reside at
the nursing home at the time the Motion was filed,
asked the Court to issue an injunction against the
nursing home ordering the facility to follow her physician's
orders in providing her care.
As part of her Motion, the Plaintiff
alleged that the facility had not been providing medications
and treatments to her in compliance with her physician's
orders. Specifically, she alleged that the facility
was failing to administer prescribed medications and
ointments which were ordered following surgery to
correct corneal ulcers in both of her eyes. She alleged
that if the facility was not forced by the Court to
comply with her physician's orders, she would suffer
irreparable injury which potentially included loss
of sight and surgical removal of her eyes.
In support of the Motion, Plaintiff
attached an affidavit obtained from her treating ophthalmologist,
who testified that he had prescribed a number of medications
for the Plaintiff in order to help her heal from surgery.
Some of the many medications and ointments that were
ordered were to be administered as frequently as once
every hour, 24 hours per day.
While never having visited the
Plaintiff at the nursing home and clearly having no
personal knowledge of the facility's efforts to treat
the Plaintiff, the ophthalmologist concluded that
she was not being given her medications as ordered,
based solely upon the fact that her eye condition
deteriorated. Furthermore, the doctor testified that
the Plaintiff would suffer irreparable injury to her
eyes if she did not receive the appropriate medications.
The Plaintiff also attached an
affidavit from her daughter in support of her Emergency
Motion. Despite opining that her mother was receiving
substandard care, the daughter made no apparent attempts
to remove her mother from the facility. Also, while
possessing no medical training and admittedly not
spending much time with her mother while she was at
the nursing home, the daughter stated that her mother
was not being given the medications for her eyes as
prescribed.
Christopher
J. Karpinski, an attorney in QMPW's Jacksonville
office and counsel in the case, received Plaintiff's
Emergency Motion at 10:45 a.m. on April 22, 2002,
and an emergency hearing was scheduled within 24 hours.
At the hearing, Karpinski moved to disqualify both
of Plaintiff's supporting affidavits, based upon their
lack of personal knowledge and failure to provide
facts to support their asserted conclusions.
In addition to requesting an injunction
which would have ordered the facility to follow Claimant's
physician's orders, opposing counsel requested attorneys'
fees pursuant to Chapter 400.023 (2001), Florida Statutes.
Although recent statutory revisions to Chapter 400
(Florida's resident rights statute) removed attorney's
fees for civil actions against nursing homes, an exception
was made in the law for actions in which a claimant
requests an injunction or administrative relief.
After a day to consider the merits
of the Motion, Judge Johnson issued an order denying
the Motion.
