IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
KIMBALL LADIEN, M.D., Individually, and
KIMBALL LADIEN, M.D., as Independent
Administrator of the Estate of SYLVIA
DOUCETTE-LADIEN, deceased,
)
)
)
)
)
Plaintiff
)
v.
)
PRESENCE,NORTHWESTERN (NW),NW STAFF)
PRESENCE RHC CORPORATION d/b/a
)
PRESENCE SAINT JOSEPH HOSPITAL)
CHICAGO, SAINT JOSEPH MEDICAL
)
EXECUTIVE COMMITTEE, RAYNELDA
)
HIDALGO, M.D., ROBERTA LUSKIN-HAWK, )
M.D., BRUCE GOBER, M.D., HARRY COHEN, )
M.D., SISTER MARY IMLER, PRESENCE
)
HEALTHCARE ORGANIZATION. BOARD
)
MEMBERS OF PRESENCE HEALTHCARE
)
ORGANIZATION AND SAINT JOSEPH
)
HOSPITAL , DENNIS O’DONNELL, STARR
)
NOVAK, NKEM IROEGBU, M.D., SCOTT A.
)
RUBINSTEIN, M.D., ROSE DIAKOS, M.D.,
)
MARK VEXELMAN, M.D., CHRISTOPHER
)
EADES, HALL-RENDER, JOHN RYAN
)
WILLIAM THOMPSON, STEVEN PUISZIS
)
HINSHAW-CULBERTSON, BILL ROBERTS,
)
DON MROZEK, PATRICIA FOLTZ, WILLIAM )
ANDERSON, DAVID RAZOR, ANDERSON –
)
RASOR, NORA BYRNE, MATT MANN,
)
LAMAR HASBROUCK ,JASON BOLTZ,
)
ILLINOIS DEPARTMENT OF PUBLIC HEALTH, )
JCAHO, JOINT COMMISSION ON THE
)
ACCREDITATION OF HOSPITALS, ARDC
)
JAMES NEEDLES, RONALD WYATT,
)
PATRICK QUINN, ARCHDIOCESE OF
)
CHICAGO, CARDINAL GEORGE, WILLIAM )
GROGAN, JOHN O’MALLEY, SWANSON,
)
MARTIN & BELL, CHRISTOPHER SHEEAN,
)
PATRICIA KOCOUR, TIMOTHY NICKELS,
)
MICHAEL TRUCCO, STANOS & TRUCCO,
)
CAROL LIND, BILL BOWER, KEVIN MURPHY, )
DANIEL SMILANIC, JEFF GROB, SISTER
)
JUDITH PLUMB, FRANSICAN SISTERS OF
)
THE SACRED HEART, SISTER KATHLEEN
)
MULCHAY, SERVANTS OF THE HOLY HEART )
OF MARY, SISTER PATRICIAL MCDERMOTT, )
SISTERS OF MERCY, SISTER BARBARA JEAN )
1
Case No.: 2013 L 010084
Jury Trial Demanded
KLvPresenceEtAl14Feb14
Amended Complaint
Filed February 20, 2014
(Sylvia’s Birthday)
WOJNICKI, SISTERS OF THE HOLY FAMILY
)
OF NAZARETH, SISTER VIRGINIA ANN,
)
SISTERS OF THE RESURRECTION,
)
SISTER JUDITH DAVIES, ALEX RECKMACHER )
DIOCESE OF JOLIET, BISHOP DANIEL CONLON )
UNITED STATES CONFERENCE OF BISHOPS,
)
CARDINAL RAYMOND BURKE, POPE FRANCIS )
)
Defendants.
)
VERIFIED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiff, KIMBALL LADIEN, M.D., Individually, and KIMBALL LADIEN, M.D., as
Independent Administrator of the Estate of SYLVIA DOUCETTE-LADIEN, deceased, and pro se, for
his Verified Complaint for Damages and Injunctive Relief against PRESENCE HEALTH NETWORK,
PRESENCE RHC CORPORATION d/b/a PRESENCE SJH-CHICAGO (SHJ), SJH MEDICAL
EXECUTIVE COMMITTEE, RAYNELDA HIDALGO, M.D.,ROBERTA LUSKIN-HAWK, M.D.,
BRUCE GOBER, M.D., HARRY COHEN, M.D. , SISTERMARY IMLER, CHRISTOPHER EADES,
HALL-RENDER, NORA BYRNE, MATT MANN, WILLIAM GROGAN, STEVEN PUISZIS,
HINSHAW-CULBERTSON, PATRICIA FOLTZ, ANDERSON-RASOR, SISTER MARY IMLER,
PRESENCE HEALTHCARE ORGANIZATION. BOARD MEMBERS OF PRESENCE HEALTH
CARE ORGANIZATION AND SAINT JOSEPH HOSPITAL, DENNIS O’DONNELL, STARR
NOVAK, NKEM IROEGBU, M.D., SCOTT A. RUBINSTEIN, M.D., ROSE DIAKOS, M.D., MARK
VEXELMAN, M.D., CHRISTOPHER EADES, HALL-RENDER, JOHN RYAN, WILLIAM
THOMPSON, HINSHAW, CULBERTSON, BILL ROBERTS, DON MROZEK, PATRICIA FOLTZ,
WILLIAM ANDERSON, DAVID RASOR, ANDERSON –RASOR, LAMAR HASBROUCK, JASON
BOLTZ, ILLINOIS DEPARTMENT OF PUBLIC HEALTH, JOINT COMMISSION ON THE
ACCREDITATION OF HOSPITALS, RONALD WYATT, ATTORNEY REGISTRATION AND
DISCIPLINARY COMMISSION (ARDC), JAMES NEEDLES, PATRICK QUINN, ARCHDIOCESE
OF CHICAGO, CARDINAL GEORGE, WILLIAM GROGAN, JOHN O’MALLEY, NW, NW STAFF,
2
SWANSON, MARTIN & BELL, CHRISTOPHER SHEEAN, PATRICIA KOCOUR, TIM NICKELS,
MICHAEL TRUCCO, STAMOS & TRUCCO, CAROL LIND, BILL BOWER, KEVIN MURPHY,
BOARDS OF SJH AND PRESENCE HEALTHCARE ORG., DAN SMILANIC, JEFF GROB
SISTER JUDITH PLUMB, FRANSICAN SISTERS OF THE SACRED HEART, SISTER
KATHLEEN MULCHAY, SERVANTS OF THE HOLY HEART OF MARY, SISTER PATRICIA
MCDERMOTT, SISTERS OF MERCY, SISTER BARBARA JEAN WOJNICKI, SISTERS OF THE
HOLY FAMILY OF NAZARETH, SISTER VIRGINIA ANN, SISTERS OF THE RESURRECTION,
SISTER JUDITH DAVIES, ALEX RECHENMACHER, BISHOP DANIEL CONLON, CARDINAL
RAYMOND BURKE, UNITED STATES CONFERENCE OF BISHOPS, POPE FRANCIS I States as
follows. All parties are sued individually and in their official capacities.
PARTIES
1.
Plaintiff, Kimball Ladien, M.D. (“Dr. Ladien”), is a physician licensed to practice
medicine by the State of Illinois and a natural person domiciled in Chicago, Cook County, Illinois.
Except as described herein, he was a staff psychiatrist at Presence RHC Corporation d/b/a Saint Joseph
Health Centers and Hospital (“St. Joseph Hospital”). Dr. Ladien’s wife, Sylvia Doucette-Ladien
(“Sylvia”) was until her death treated at St. Joseph. Dr. Ladien was appointed the Independent
Administrator of the Estate of Sylvia Doucette-Ladien, deceased, by the Probate Division of the Circuit
Court of Cook County, Illinois on April 2, 2012.
2.
Defendant, PRESENCE HEALTHCARE ORGANIZATION (“ PRESENCE”) is a
healthcare organization group of Hospitals organized under the laws of the State of Illinois with its
principal location in Chicago, Illinois. "PRESENCE" includes all of its employees and agents,
including but not limited to physicians, staff doctors, residents, fellows, and nurses Hospital organized
under the laws of the State of Illinois with its principal location in Chicago, Illinois. "PRESENCE"
includes all of its employees and agents, including but not limited to physicians, staff doctors,
3
residents, fellows, and nurses.
3.
Defendant, NORTHWESTERN Memorial Hospital ("NORTHWESTERN"—“NW”) is
a private Hospital organized under the laws of the State of Illinois with its principal location in
Chicago, Illinois. "NORTHWESTERN" includes all of its employees and agents, including but not
limited to physicians, staff doctors, residents, fellows, and nurses.
4.
Defendant, Carol Lind (LIND), general counsel for NORTHWESTERN hospital.
Although LIND has had knowledge of and access to the Cumulative Radiation Dose (CRD) received
by Sylvia at Northwestern during a two-week period (10/10-11/10) which may have been up to five
times the amount that should be received in a year, LIND has REPEATEDLY failed to release this
critical information while Sylvia was still alive, let alone following her death. This DELIBERATE
withholding of vital patient information from both Sylvia and Dr. Ladien, let alone relevant review
body’s (eg, IDPH and JCAHO) shows clear INTENT consistent with a CONSPIRACY to OBSTRUCT
JUSTICE concerning these and related matters involved in the WRONGFUL DEATH of Sylvia. Thus,
in addition to civil issues, these matters involve CRIMINAL activities as well. (Cf. Tuskegee Trials,)
5. Defendant, Bill Bower (BOWER), head of claims and litigation for NORTHWESTERN
hospital. The same issues noted above for LIND apply to BOWER as well.
6.
Defendant, PRESENCE/ST. JOSEPH HOSPITAL (SJH), is a private Hospital organized
under the laws of the State of Illinois with its principal location in Chicago, Illinois. "ST. JOSEPH
HOSPITAL"—“SJH” ) includes all of its employees and agents, including but not limited to
physicians, staff doctors, residents, fellows, and nurses. SJH is owned by the five Orders of Sisters
listed below. PRESENCE HEALTH NETWORK (PRESENCE) is also sued separately from SJH.
St. Joseph Administration and Its Lawyers (SJAIL) are collectively referred to as SJAIL throughout.
In addition to the civil and CRIMINAL issues noted above for LIND and BOWER, SJAIL
DELIBERATELY, RECKLESSLY, KNOWINGLY and with INTENT caused the WRONGFUL
DEATH of Sylvia consistent with MANSLAUGHTER and/or MURDER ONE as described below.
4
SJAIL also KNOWINGLY and with INTENT WILLFULLY and WANTONLY VIOLATED SJH
Bylaws to DELIBERATELY and WRONGFULLY HARASS and, ultimately, TERMINATE Dr. Ladien
as a WHISTLEBLOWER desperately trying to save his beloved wife and soul-mate of over 50 years,
Sylvia.
7.
Defendant, ST. JOSEPH HOSPITAL MEDICAL EXECUTIVE COMMITTEE ("MEC")
is a group of Hospital employees and physicians who deal with many things. In this case those things
include Plaintiff's privileges at St. Joseph. St. Joseph claims that the MEC is not a separate entity. That
is untrue. St. Joseph Hospital's Bylaws clearly demonstrate that the MEC is separate, and entitled to
its own attorneys in cases such as this one, where there is a clear conflict of interest. The MEC are
being sued as both a group and individually.
8.
Defendants, Board of St. Joseph’s Hospital are a group of individuals who serve as the
Board of Directors for SJH. As such all of its members, who are being sued as a group and individually,
and a SUPERVISORY role over all activities involving SJH and its employees. This SUPERVISORY
role includes the ETHICAL as well as, potentially, civilly and/or criminally illegal behavior of any of
the employees of PRESENCE. This supervisory role has relevance with respect to both the
“NEGLIGENT SUPERVISION” and “REMEDIES” section of this complaint. Board members are
currently NOT listed individually because defendants Sheean and Eades have repeatedly refused to
release their names and contact information.
9.
Defendants, Board of Presence Healthcare Organization are a group of individuals who
serve as the Board of Directors for Presence Healthcare Organization. As such all of its members, who
are being sued as a group and individually, and a SUPERVISORY role over all activities involving
PRESENCE and its employees. This SUPERVISORY role includes the ETHICAL as well as,
potentially, civilly and/or criminally illegal behavior of any of the employees of PRESENCE. This
supervisory role has relevance with respect to both the “NEGLIGENT SUPERVISION” and
“REMEDIES” section of this complaint. Board members are currently NOT listed individually because
5
defendants Sheean and Eades have repeatedly refused to release their names and contact information.
10.
Defendant, SISTER MARY IMLER (“SISTER MARY”) is the CHAIR of PRESENCE.
As such, SISTER MARY has a SUPERVISORY role over all activities involving PRESENCE and its
employees. This SUPERVISORY role includes the ETHICAL as well as, potentially, civilly and/or
criminally illegal behavior of any of the employees of PRESENCE. This supervisory role has relevance
with respect to both the “NEGLIGENT SUPERVISION” and “REMEDIES” section of this complaint.
11.
Defendant, RAYNELDA HIDALGO, M.D. (“HIDALGO”), is a resident of the State of
Illinois and an agent or apparent agent of St. Joseph. She was a member of the MEC. During the
relevant time frame from December 31, 2011, she served St. Joseph as President of the Medical Staff.
12.
Defendant, ROBERTA LUSKIN-HAWK, M.D. (“LUSHAWK”), is a resident of the
State of Illinois and an agent or apparent agent of St. Joseph. She was a member of the MEC. During
the relevant time frame beginning January 1, 2010, she served as chief executive officer (CEO) of SJH.
13.
Defendant, Bruce Gober, M.D. (“Gober”), is a resident of the State of Illinois and an
agent or apparent agent of St. Joseph. During the relevant time frame beginning January 1, 2010, he
served as the Department Chair of St. Joseph Department of Psychiatry.
14.
Defendant, Kevin Murphy (“Murphy”), is a resident of the state of Illinois and an agent
or appearing agent of SJH. During the relevant time frame, including 12/20/11, Murphy served as the
treasurer for the MEC. As such, Murphy was serving as the acting “head” of the MEC in the absence of
Todd Grendon (“Grendon”), who was out of town on this day. It is also believed that Murphy may have
called and filed false police reports against Dr. Ladien, thus deliberately defaming him, on or about
12/20/11.
15.
Defendant, HARRY COHEN, M.D. (“COHEN”), is a resident of the State of Illinois
and an agent or apparent agent of St. Joseph. COHEN is a cardiologist, and was Sylvia’s treating and
attending physician during her treatment at SJH.
16.
Defendant, DENNIS O’DONNELL (“O’DONNELL”) is the chairman of the appellate
6
review body and a vice president at Presence healthcare organization.
17.
Defendant, STARR NOVAK, (“NOVAK”) is a member of the appellate review body and
a vice president at Presence healthcare organization.
18.
Defendant, NKEM IROEGBU, M.D. (“IROEGBU”) is a member of the appellate
review body, a member of the medical executive committee and a physician at SJH.
19.
Defendant, SCOTT A. RUBINSTEIN, M.D., (“RUBENSTEIN”) was a hearing officer
for the “fair” hearing and a physician at SJH.
20.
Defendant, ROSE DIAKOS, M.D. (“DIAKOS”) was a hearing officer for the “fair1
hearing and a physician at SJH.
21.
Defendant, MARK VEXELMAN, M.D. (“VEXELMAN”) was a hearing officer for the
“fair” hearing and a physician at SJH.
22.
Defendant, NORA BYRNE (“BYRNE) was an employee of and lawyer for Presence.
23.
Defendant, MATT MANN (“MANN”) was an employee of and lawyer for Presence.
24.
Defendant, CHRISTOPHER EADES (“ EADES”) was an employee of Hall render and
a principal lawyer for St. Joseph administration and the MEC.
25.
Defendant, HALL-RENDER (“HR”) is a law firm in Indianapolis, Indiana employing
EADES to work with Presence healthcare organization, SJH and the MEC.
26.
Defendant, JOHN RYAN (“ RYAN”) is a lawyer working as CEO of HR and as a
supervisor of EADES.
27.
Defendant, WILLIAM THOMPSON (“ THOMPSON”) is a lawyer working as
chairman of HR and as a supervisor of EADES.
28.
Defendant, WILLIAM GROGAN (“GROGAN”) is a lawyer employed by Hinshaw to
work as “chief ethicist” for the Presence healthcare organization. GROGAN is also employed as “vicar
of healthcare” and priest of the Archdiocese of Chicago whose supervisor is Cardinal George.
29.
Defendant, HINSHAW-CULBERTSON (“HINSHAW”) is a law firm employing
7
GROGAN as “chief ethicist” for Presence.
30.
Defendant, WILLIAM ROBERTS (“ROBERTS”) is a lawyer and managing partner at
Hinshaw and is thus a supervisor of GROGAN. ROBERTS holds the AV Peer Review Rating from
Martindale-Hubbell, its highest rating for ethics and legal ability. ROBERTS also has completed
intensive trading and mediation from Pepperdine University School of Law’s top-ranked Straus
Institute for Dispute Resolution. ROBERTS has also served as the chairman of the US Atty. Gen.’s
advisory committee of the United States attorneys and as a senior advisor to the Atty. Gen. in
Washington DC. ROBERTS also served for six years on the Board of governors of the Illinois State
Bar Association and as chairman of the criminal Justice section Counsel of the Illinois Bar Association.
ROBERTS also served as chief legal counsel to Illinois Gov. Jim Edgar from 1995 to 1997. ROBERTS
thus has a significant background in ethics, mediation, criminal justice and governmental affairs
matters which has significant relevance to both the “negligent supervision” and “remedies” sections of
this complaint.
31.
Defendant, DONALD MROZEK (“MROZEK”) is a lawyer and chairman of
HINSHAW and STEVEN PUISZIS (“PUISZIS”) is a partner at HINSHAW. Both are supervisors for
GROGAN.
32.
Defendant, PATRICIA FOLTZ, (“FOLTZ”) is a lawyer employed by Anderson-Rasor
who served as “hearing officer” for the “fair” hearings conducted at SJH on 1/14/13-1/15/13. FOLTZ
was employed by Presence, SJH and/or the MEC to serve in the role of “hearing officer.
33.
Defendant, ANDERSON-RASOR (“AR”) is a law firm employing FOLTZ.
34.
Defendant, WILLIAM ANDERSON (“ ANDERSON”) is a senior partner at AR and is,
thus, a supervisor for FOLTZ. ANDERSON also specifically has a background in both ethics and
mediation which are relevant to the “negligent supervision” section of this complaint.
35.
Defendant, DAVID RASOR (“RASOR”) is a senior partner at AR and is, thus, a
8
supervisor for FOLTZ. ANDERSON also specifically has a background in both ethics and mediation
which are relevant to the “negligent supervision” section of this complaint
36.
Defendant, ILLINOIS DEPARTMENT OF PUBLIC HEALTH (“IDPH”) is the
department of the State of Illinois interested with the SUPERVISION of Hospitals to ensure full
compliance with all appropriate policies, procedures and protocols of IDPH and the Hospital.
37.
Defendant, LAMAR HASBROUCK (“ HASBROUCK”) is the director of IDPH and is,
thus, in charge of the SUPERVISION of Presence and SJH. HASBROUCK is also the supervisor for
Jason Boltz.
38.
Defendant, JASON BOLTZ (“BOLTZ”) is the chief legal consul for IDPH. As such,
BOLTZ as a supervisory role in the monitoring of care at Presence and SJH.
39.
Defendant, JOINT COMMISSION ON ACCREDIDATION OF HOSPITAL
ORGANIZATION S (“JCAHO”) is an accrediting body in charge of the SUPERVISION of Hospitals
to ensure full compliance with all appropriate policies, procedures and protocols of JCAHO and the
Hospital.
40.
Defendant, RONALD WYATT (“WYATT”) is the medical director of the division of
quality management for JCAHO. As such, WYATT as a supervisory role related to Hospitals being in
full compliance with all appropriate policies, procedures and protocols of JCAHO and the Hospital.
WYATT also has a specific supervisory role at JCAHO to ensure that there monitoring techniques are
effective in detecting all serious issues concerning Hospitals including Sentinel events such as
WRONGFUL DEATH.
41.
Defendant, EXECUTIVE OFFICE OF THE INSPECTOR GENERAL (“EOIG”) has a
SUPERVISORY role in the monitoring of ethical and legal behavior (civil and criminal) at both IDPH
and in the Governor’s office as well.
42.
Defendant, RICARDO MEZA (“MEZA”) is the executive Inspector General for the
agencies of the Illinois governor of the EOIG. As such, MEZA has a SUPERVISORY role in the
9
monitoring of ethical and legal behavior (civil and criminal) at both IDPH and in the Governor’s office.
43.
Defendant, DIANA VILLAMIL ZUVER (“ ZUVER “) is the deputy Inspector General
for complaints and compliance at the EOIG. As such, ZUVER has a SUPERVISORY role in the
monitoring of ethical and legal behavior (civil and criminal) at both IDPH and in the Governor’s office.
44.
Defendant, ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION
(“ARDC”) is the supervisory agency for lawyers and law firms doing business in Illinois.
45.
Defendant, JAMES NEEDLES (“NEEDLES”) is a senior counsel for the ARDC. As
such, NEEDLES had a supervisory role related to HR (Eades), AR (Foltz) and Presence (Byrne, Mann)
46.
Defendant, PATRICK QUINN (“QUINN”) is GOVERNOR of the State of Illinois. As
such, QUINN as a supervisory role over IDPH and EOIG. As executive officer for the State of Illinois
QUINN also has a supervisory role relevant to both the “negligent supervision” and “remedies”
sections of this complaint.
47.
Defendant, ARCHDIOCESE OF CHICAGO (“ARCHDIOCESE”) is the employer of
Cardinal George, GROGAN and O’MALLEY.
48.
Defendant, JOHN O’MALLEY (“O’MALLEY”) is the chief legal advisor for Cardinal
George and the Archdiocese of Chicago. As such, O’MALLEY has a supervisory role with respect to
the actions of GROGAN and all others supervised by the ARCHDIOCESE. O’MALLEY was also the
chief legal advisor for Cardinal Bernadin prior to his death. As such, O’MALLEY knew or should have
known as to significant unethical behavior on the part of employees of the ARCHDIOCESE up to and
including Cardinal Bernadin himself. Thus, as a SUPERVISOR for the ARCHDIOCESE, O’MALLEY
should have known of a $3 million payoff to Steven Cook buy his silence concerning sexual abuse
related to Cardinal Bernadin. To the extent that O’MALLEY may have been involved, directly and/or
indirectly, in the deliberate cover-up of unethical and illegal (civil and criminal) behavior on the part of
Cardinal Bernadin, this would be a significant FAILURE of ETHICAL SUPERVISION on the part of
10
O’MALLEY similar to not involved in the cover-up of the egregious sexual abuse by Father Rudy Kos
by the Dallas Archdiocese as discussed in the “negligent supervision” section of this complaint.
49.
Defendant, CARDINAL GEORGE (“CARDINAL GEORGE”) is the Cardinal for the
Archdiocese of Chicago. As such CARDINAL GEORGE is the ethical as well as legal supervisor for
GROGAN and O’MALLEY. In his role as Cardinal for the ARCHDIOCESE, CARDINAL GEORGE
is also the “spiritual supervisor” for GROGAN, O’MALLEY and SISTER MARY as well. In this
supervisory role, CARDINAL GEORGE has the responsibility to not only “advise” these individuals,
but actually supervise their compliance with his ethical as well as traditional advice.
50.
Defendant, SWANSON, MARTIN & BELL, LLP (SMB) is a law firm employing
Christopher Sheean, Patricia Kocour and Timothy Nickels. As a firm, SMB is being paid by the
Sister/Owners of Presence (who knew NOTHING about the WRONGFUL DEATH of Sylvia, or the
WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE
Sylvia until Dr. Ladien told this to them himself starting on 9/18/13. Yet, as a firm, SMB has, in fact,
been “working for.” St. Joseph Administration and Its Lawyers (SJAIL) who are the very people who
KILLED Sylvia in the first place, first deliberately changing Sylvia’s multiple Advance Directives to
be
FULL CODE without seeking judicial review and then, KNOWINGLY and with INTENT, literally
stood by for SEVEN DAYS as Sylvia slowly DROWNED TO DEATH on her own secretions, failing
to provide even the most basic STANDARDS of CARE by protecting Sylvia’s Airway and Breathing.
It is precisely the DELIBERATE FAILURE to Save Our Sisters by providing them with INFORMED
CONSENT as to the clear CONFLICT OF INTERESTS between them and SJAIL that is endangering
not just the Sisters, but the Church and that Dr. Ladien as well.
51.
Defendant, CHRISTOPHER SHEEAN (SHEEAN) is a partner at SMB. Sheean, more
than anyone else at SMB is DIRECTLY responsible for misrepresenting himself before Judge Allen as
representing the Sisters when he has, in fact, all of the long been representing SJAIL— the very people
11
who KILLED Sylvia in the first place.
52.
Defendant, PATRICIA KOCOUR (KOCOUR) is a partner at SMB. As above.
53.
Defendant, TIMOTHY NICKELS (NICKELS) is a managing partner at SMB. As above.
54.
Defendant, MICHAEL TRUCCO (TRUCCO) is a senior partner at Stamos & Trucco
(ST). TRUCCO is currently representing SMB, including SHEEAN, KOCOUR and NICKELS. As
such, TRUCCO is in a position to WARN his clients of the LEGAL RISKS in which they are placing
not only themselves, but the Sisters and Church as well. TRUCCO best represents SMB and, thus, the
Sisters, by having them CEASE and DESIST in our further legal actions against Dr. Ladien, while
these matters are being fully INVESTIGATED in order that they may be FIXED and, ultimately,
PREVENTED from ever happening in the future. To the extent that TRUCCO FAILS by the Rules of
Professional Conduct to stop his clients and, therefore, the Sisters, from engaging in illegal activities,
they all become, after the fact, co-conspirators to OBSTRUCTION of JUSTICE, MANSLAUGHTER,
MURDER ONE and all of the various other civil and criminal activities listed by Dr. Ladien in Tables
1-4 of his CME III.
55.
Defendant, SISTER JUDITH PLUMB (SR PLUMB) is the General Community Leader
for the Franciscan Sisters of the Sacred Heart and, thus, the direct supervisor of Sr. Mary Imler.
56.
Defendant, FRANCISCAN SISTERS OF THE SACRED HEART (FSSH) is an Owner
of the Presence Healthcare Organization.
57.
Defendant, SISTER KATHLEEN MULCHAY (SR MULCHAY) is the Mother Superior
for the Servants of the Holy Heart of Mary.
58.
Defendant, SERVANTS OF THE HOLY HEART OF MARY (SHHM) is an Owner of
the Presence Healthcare Organization.
59.
Defendant, SISTER PATRICIA MCDERMOTT (SR MCDERMOTT) is President of
Sisters of Mercy of the Americas.
60.
Defendant, SISTERS OF MERCY OF THE AMERICAS (SoMA) is an Owner of the
12
Presence Healthcare Organization.
61.
Defendant, SISTER BARBARA JEAN WOJNICKI (SR WOJNICKI) is the Mother
Superior for the Sisters of the Holy Family of Nazareth.
62.
Defendant, SISTERS OF THE HOLY FAMILY OF NAZARETH (SHFN) is an Owner
of the Presence Healthcare Organization.
63.
Defendant, SISTER VIRGINIA ANN (SR VIRGINIA ANN) is the Mother Superior of
the Sisters of the Resurrection.
64.
Defendant, SISTERS OF THE RESURRECTION (SoR) is an Owner of the Presence
Healthcare Organization.
65.
Defendant, SISTER JUDITH DAVIES (SR DAVIES) is Delegate for Religious for the
Diocese of Joliet and a Councilor for the FSSH as well as a direct religious supervisor to Sr. Plumb.
66.
Defendant, ALEX RECHENMACHER (RECHENMACHER) is the Chief of Staff to
Bishop Daniel Conlon.
67.
Defendant, BISHOP R. DANIEL CONLON (BISHOP CONLON) is the Bishop for the
Diocese of Joliet and, thus, a religious supervisor to Sr. Davies, Sr. Plumb and Sr. Mary Imler. Bishop
Conlon is also a canon lawyer.
68.
Defendant, DANIEL SMILANIC (SMILANIC) is the Vicar for Canonical Services at
the Archdiocese of Chicago. In his official capacity, SMILANIC FAILED to follow basic Canon law,
which MANDATES INVESTIGATION of serious wrongdoing within the church (CL 1717).
FAILURE to FULLY and QUICKLY INVESTIGATE the WRONGFUL DEATH of Sylvia and the
WRONGFUL HARASSMENT/TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately
trying to SAVE Sylvia is, in and of itself, CULPABLE NEGLIGENCE under Canon law 189 on the
part of SMILANIC, the SISTERS and CARDINAL GEORGE. CULPABLE NEGLIGENCE is the
Canon law equivalent of NEGLIGENT SUPERVISION in civil law. To the extent, however, that the
13
DELIBERATE FAILURE to INVESTIGATE these matters involved CRIMINAL matters, it places at
risk . the SISTERS, SMILANIC, O’MALLEY, GROGAN and CARDINAL GEORGE to becoming coconspirators after the fact to OBSTRUCTION OF JUSTICE, MANSLAUGHTER, MURDER ONE
and all of the other civil and criminal activities noted in Dr. Ladien’s CME III, Tables 1-4.
69.
Defendant, JEFFREY GROB (GROB) is the ArchBishop’s Delegate to the Review
Board for Canonical Services. As such GROB is SMILANIC’S SUPERVISOR. While GROB was
supposed to contact the Canon lawyer working with Dr. Ladien to arrange the IMMEDIATE
INVESTIGATION into the matters discussed above, consistent with Canon law 1717, GROB has
deliberately FAILED to do this. As such, rather than assisting in seeking a positive and LOVING winwin, out-of-court resolution, GROB , as now simply become “part of the problem.” Simply put, if the
Church continues to fail in its DUTY TO INVESTIGATE, it will be up to the Courts and other legal
authorities to assure that these investigations go forward, even if belatedly, as in the case of Mayor
Daley’s nephew 9 ½ years after the fact….
70.
Defendant, CARDINAL RAYMOND BURKE (CARDINAL BURKE) is Prefect of the
Supreme Tribunal of the Apostolic Signatura at the Vatican and, thus, a religious supervisor to Cardinal
George, Bishop Conlon, Sister Judith Plumb and Sister Mary Imler on matters involving canon law.
71.
Defendant, POPE FRANCIS I (“POPE FRANCIS”) is the POPE of the Holy Roman
Catholic Church. As such, he is the ethical and institutional Supervisor for Cardinal George, Cardinal
Burke, Bishop Conlon and, ultimately, the Five Orders of Sister/Owners of Presence noted above. As
the ultimate SUPERVISOR of all of the Catholic defendants listed, Pope Francis is included herein
explicitly to HELP the Church of Christ and Love and fight “the Church of Pharisees and Praetorian
Guards” who have given us the abuse scandals of the past 30 years. Pope Francis could also be the
beneficiary along with the Bill and Melinda Gates Foundation of the GIFT of Dr. Ladien’s Global
Energy Independence Program (GEIP) which could potentially provide $2-3 Trillion/yr to help bring
PROFOUND GOOD to the World. Nothing would please Sylvia more or be a better “Remedy.”
14
INTRODUCTION--CASE SUMMARY
“St. Joseph Administration and Its lawyers (SJAIL) could only be so audacious and flagrant in their violation of the law,
illegally changing Sylvia’s multiple Advance Directives to be FULL CODE and then literally standing by for SEVEN
DAYS as Sylvia slowly DROWNED TO DEATH on her own secretions and then seeking the WRONGFUL
TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE SYLVIA, because on some level
they understood that the current lose-lose litigation system would protect them and their UNETHICAL and CRIMINAL
behavior.”—Dr. Ladien’s Response to Motion to Dismiss ARDC Defendants, “No One Is Above the Law,” 1/20/14.
72. Dr. Ladien and Sylvia met in second grade in Sunday school, taught by Dr. Ladien’s mother,
Julia. Between Julia’s seven languages and encyclopedic knowledge of history, culture and science and
Sylvia’s 185 IQ and skills as an artist and writer, Dr. Ladien has been a life-long heroine addict. Dr.
Ladien has loved Sylvia for over fifty years and will do so until he joins her for eternity. Sylvia would
most want “something very GOOD” to come of “something very bad.” So it shall be.
73. For the 19 months of Sylvia’s battle with iatrogenic radiation-induced leukemia, from 7/14/10 to
2/4/12, Sylvia and Dr. Ladien lived together in hospital rooms without problem or incident for the first
17 months. Dr. Ladien would sleep on couches, in chairs and even on the floor. It did not matter at all
as long as he and Sylvia could be together.
74. While Sylvia was ultimately winning her battle with leukemia, this struggle was far from easy.
75. Within just two weeks of starting chemotherapy at Northwestern, Sylvia was placed into an
iatrogenic drug-induced coma lasting five weeks, which left her with severe and extremely painful
myopathy and neuropathy that lasted until her WRONGFUL DEATH on 2/4/12.
76. Each time that Sylvia underwent a round of chemotherapy, there were several weeks of a
worsening of her overall condition, often requiring time in the ICU for her stabilization. Yet following
each round of chemotherapy, Sylvia slowly and with significant efforts gradually began to return
towards normal.
77. Simply put, Sylvia not only wished to live, she and Dr. Ladien BOTH worked hard towards
the day that her leukemia would be in full remission and, potentially, even cured. Above all, Sylvia was
a fighter who fought to get better despite setbacks with every fiber of her body and every bit of strength
15
of her indomitable will.
78. Following a fourth round of chemotherapy in November, 2011, Sylvia suffered first an
iatrogenic DVT which, left untreated over Dr. Ladien’s protests, within three days resulted in an
iatrogenic stroke.
79. Despite Sylvia’s IQ of 185, she was left her with fluctuating degrees of diminished decisional
capacity until her WRONGFUL and totally NEEDLESS DEATH on 2/4/12.
80. The record will show that St. Joseph Administration and Its Lawyers (SJAIL) with
DELIBERATE RECKLESSNESS took advantage of Sylvia’s diminished decisional capacity to first
change Sylvia’s multiple Advance Directives for Dr. Ladien to be her power of attorney (POA) in
direct retaliation for Dr. Ladien’s increasingly frantic WHISTLEBLOWING efforts to protect Sylvia
from the multiple serious and literally life-threatening iatrogenic issues she faced first at Northwestern
and then, for the last 11 months of her life, at St. Joseph Hospital (SJH).
81. Through extensive research and reaching out to the world leaders in leukemia research at M.D.
Anderson Cancer Center in Texas, Dr. Ladien was ultimately able to arrange for Sylvia to start
monoclonal antibody (MAb) therapy on 1/1/12.
82. Yet even these efforts were ultimately tragically sabotaged by the DELIBERATE
RECKLESSNESS and WILLFUL and WANTON violation of basic SJH and IDPH standards of
practice by SJAIL in their increasingly blatant efforts to limit Dr. Ladien’s ability to help Sylvia to win
her long-standing battle with leukemia.
83. The record will show that SJAIL, in WILLFUL and WANTON violation of SJH bylaws, first
summarily suspended Dr. Ladien for his repeated WHISTLEBLOWING efforts on behalf of Sylvia on
12/20/11 despite Sylvia repeatedly asking for Dr. Ladien to be “allowed” to stay with her.
84. Literally within MINUTES of SJAIL BARRING Dr. Ladien from SJH and being with Sylvia,
SJAIL was already attempting to change Sylvia’s POA despite her clearly diminished decisional
capacity following her iatrogenic stroke.
16
85. Although Dr. Ladien was ultimately reinstated at SJH on 12/31/11, he was deliberately
severely restricted in his access to both Sylvia and her medical team. Dr. Ladien was initially “allowed”
only 30 minutes a day with Sylvia despite Sylvia’s repeated pleas to SJH staff to let Dr. Ladien stay
with her throughout the day and night as he had been doing without incident or problem for the past 17
months!
86. Sylvia would literally be crying much of the day pleading with SJH staff to “allow” Dr. Ladien
to be with her, but all to no avail. In addition to a significant and negative impact on Sylvia’s emotional
well-being, this added stress only worsened her overall physical condition as well.
87. While monoclonal antibody therapy was originally to be started on 1/1/12, based on the
WILLFUL and WANTON DELIBERATE RECKLESSNESS of SJAIL, this therapy was only started in
late January when Dr. Ladien threatened to take SJAIL to court if it was not begun immediately.
88. Literally within days of starting monoclonal antibodies, Sylvia’s blast cell count was ZERO
and her vital signs stabilized off of pressor medications. Simply put, SYLVIA WAS GETTING
BETTER!
89. On 1/27/12, the CEO of SJH (Luskin-Hawk) announced her intention to make Sylvia DNR
despite Sylvia’s multiple Advance Directives to be FULL CODE when, with her IQ of 185 and full
decisional capacity she had full UNDERSTANDING, LOGIC and CONSISTENCY in making her
repeated choices to LIVE. Simply put, Sylvia would not have put up with so much pain and suffering
over a period of 19 months if she were not absolutely determined to overcome and, ultimately, even
cure her leukemia. Again, above all, SYLVIA WAS A FIGHTER.
90. After consulting with lawyers on Saturday, 1/28/12, on Sunday evening in a chance encounter
with Dr. Harry Cohen (Cohen), Sylvia’s primary physician, Dr. Ladien first told Cohen and then, the
next day, LUSKIN-HAWK that “If Sylvia dies and is NOT FULL CODE then, in addition to GROSS
MALPRACTICE, this will be MANSLAUGHTER.”
91. For Dr. Ladien’s WHISTLEBLOWING efforts in his desperate attempts to SAVE SYLVIA, on
17
1/30/12 Dr. Ladien was again “summarily suspended” in a WILLFUL and WANTON VIOLATION of
SJH bylaws.
92. Dr. Ladien was physically threatening no one. Dr. Ladien WAS doing his utmost to PROTECT
Sylvia from the clear and IMMINENT DANGER posed by SJAIL.
93. This illegal “summary suspension” continued until 12/5/13 when Dr. Ladien was “terminated”
by the SJH board after having been literally BARRED from even entering the hospital, let alone
presenting witnesses and a defense at a so-called Appellate non-hearing on 10/1/13.
94. Following Dr. Ladien’s frantic WHISTLEBLOWER warnings to Cohen and Luskin Hawk, for
the next seven days (1/29/12-2/4/12), SJAIL and the MEC literally stood by and watched while Sylvia
slowly drowned to death on her own secretions when she could have easily been saved had SJAIL
provided even the most basic standard of care in protecting her Airway and Breathing.
95. Because DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal
definition of MANSLAUGHTER, at the absolute minimum, ALL members of SJAIL and the MEC are
both CRIMINALLY AND civilly liable for the WRONGFUL DEATH of Sylvia.
96. Because, however, SJAIL had good reason to fear that if Sylvia “woke up” and testified
against them in court, they could potentially lose their jobs (>400K/yr), licenses and even liberty (ie,
jail time), they had the MEANS, MOTIVES and OPPORTUNITY to elevate their criminal actions to
the level of MURDER ONE.
97. While, by June 2012, Dr. Ladien was fully prepared to take SJAIL to court and pursue both
civil and CRIMINAL charges against them, precisely based on the ethical values of both Dr. Ladien
and Sylvia, he instead reached out to Cardinal George PRECISELY in an effort to protect both the
Sister/Owners of Presence and the Church itself and FIX THE SYSTEM in a positive and loving way.
98. Cardinal George immediately did the RIGHT and LOVING thing by appointing the Church’s
chief conciliator, Ralph Bonaccorsi, to work with Dr. Ladien in reaching out to the Chair of Presence,
Sister Mary Imler, who represented the five orders of Sister/Owners of Presence. Despite REPEATED
18
efforts, Dr. Ladien and Ralph Bonaccorsi to this very day have been “blocked by the lawyers” (SJAIL)
from meeting with Sister Mary Imler or any of the other Sister/Owners of Presence.
99. While Dr. Ladien was forced to file his case pro se on 9/9/13 to both protect statute of
limitations issues and in an effort to ask the court to put on hold the appellate hearing (originally
scheduled for 9/12/13), he specifically asked the court to consider Mediation BEFORE Litigation again
in an effort to protect the Sister/Owners of Presence.
100. It is relevant to note that, for the 19 months that Sylvia and Dr. Ladien shared hospital rooms
together, the medical bills were over two and half million dollars.
101. While Dr. Ladien is proud and honored to spend everything he ever had, fighting for Sylvia,
this has made it difficult for him to obtain legal consul although he is still trying to do this. If this case
is not sent to MEDIATION as he has been repeatedly requesting.
102. Mediation also remains the BEST way to PROTECT the Sisters and the Church. While
finally FIXING THE SYSTEM ONCE AND FOR ALL.
103. On 9/18/13, Dr. Ladien finally was successful in reaching out to the supervisor of Sister Mary
Imler, Sister Judith Plumb. Dr. Ladien was absolutely shocked to discover that, not only Sister Judith
Plumb, but ALL of the five “supervising” Sisters of the five orders who own Presence knew absolutely
NOTHING about either Sylvia’s WRONGFUL DEATH, let alone Dr. Ladien’s WRONGFUL
HARASSMENT as a WHISTLEBLOWER desperately trying to save Sylvia.
104. As in all cases of abuse, be it of children OR adults, SJAIL (the very people who killed
Sylvia in the first place) weren’t hiding the Truth to protect the Sisters. SJAIL was hiding the TRUTH
to protect THEMSELVES.
105. While, on 9/18/13, Sister Judith Plumb was shocked to hear of the actions of SJAIL, she, too,
initially did the right and loving thing by promising Dr. Ladien to tell the CEO of Presence, Sandra
Bruce, to meet with Dr. Ladien and Ralph Bonaccorsi and to place on hold any further legal actions
(ie, termination) while these matters were being investigated and, hopefully, FIXED as part of an out a19
of-court win-win mediated resolution of these issues.
106. While a new lawyer, Chris Sheean (Sheean) of Swanson-Martin & Bell was assigned to
represent Presence in this case, unfortunately, Sheean has, in fact, since the first appearance before
Judge Allen to the present, FALSELY misrepresented himself as representing Presence (the
Sisters/Owners who knew absolutely NOTHING about these matters for over a year and a half) while
he has, in fact, been deliberately and maliciously representing SJAIL and the MEC (the very people
who KILLED Sylvia in the first place).
107. By falsely claiming to represent the best interests of the Sister/Owners of Presence, Sheean
has, in fact, enticed and entrapped them into becoming co-conspirators after the fact to ongoing
OBSTRUCTION of JUSTICE, MANSLAUGHTER, MURDER ONE and the other criminal and civil
violations of the law outlined in Dr. Ladien’s CME Tables 1-4.
108. Precisely because of their religious vows, the Sister/Owners of Presence can no more
condone the WRONGFUL DEATH of a 59-year-old woman in their CATHOLIC hospital than they
could condone the WRONGFUL ABORTION of a nine-month-old fetus or the WRONGFUL ABUSE
of a nine-year-old child at the same CATHOLIC institution. Simply put, in addition to being violations
of civil and criminal law, these behaviors are violations of CANON LAW as well.
109. In a final effort to protect both the Sisters and the Church, on 12/20/13, Dr. Ladien began a
Canon law Libellus with the Archdiocese of Chicago. Under Canon law 1717, Cardinal George is
OBLIGATED to INVESTIGATE serious violations of cannon law such as ignoring a patient’s multiple
Advance Directives to be FULL CODE, let alone DELIBERATE RECKLESSNESS leading to
WRONGFUL DEATH (Manslaughter) and potentially even Murder One.
110. Under Canon law 189, both Cardinal George AND the Sister/Owners of Presence would be
CULPABLY NEGLIGENT if they failed to both INVESTIGATE and FIX these violations of cannon,
civil and criminal law.
111. In the case of Father Rudy Kos, where Bishop Charles Grahmann (much as with the Sisters
20
here) , was deliberately kept ignorant for FIVE YEARS that a therapist had written a clear warning that
Father Kos was a “classic sociopathic sexual predator,” a jury still made a $119.6 million decision in
1999 that NEGLIGENT SUPERVISION would no longer be tolerated. Simply put, CULPABLE
NEGLIGENCE is the Canon law is equivalent of NEGLIGENT SUPERVISION in civil law.
112. In 2002 the Catholic Bishops of the United States convened a conference in Dallas
specifically to discuss the “lessons learned” from the Kos case and the multiple other cases of abuse
over the past 30 years. Two “lessons learned” coming from this conference were SPECIFICALLY
discussions of Canon law 1717 (the DUTY TO INVESTIGATE) and Canon law 189 (CULPABLE
NEGLIGENCE for FAILURE to INVESTIGATE and/or FIX any problems found.
113. Given the efforts of Father Dan Smilanic (Smilanic) of the Archdiocese of Chicago to
BLOCK this Canon law 1717 process from proceeding in an expeditious fashion, it is at this point
unclear how much the Church and Cardinal George have LEARNED from HISTORY over the past 30
years.
114. While Cardinal George released a homily on “TRANSPARENCY and ACCOUNTABILITY”
on 1/5/14 in response to the release of information on 30 cases of sexual abuse by priests in the
Chicago Archdiocese over the past 30 years (with more to come), his SILENCE to date on his Canon
law 1717 DUTY TO INVESTIGATE the WRONGFUL DEATH of Sylvia places the “words” of
Cardinal George in serious contrast with his actual ACTIONS in the current situation.
115. While the lead lawyers for the victims of priest abuse, Jeff Anderson and Marc Perlman, have
stated that they have previously tried to use RICO laws related to the clear PATTERN of systematic
cover-up these abuse cases, these efforts have not yet been successful.
116. But while Cardinal George can claim that such abuse cases are “matters in the past,” the
WRONGFUL DEATH of Sylvia and Dr. Ladien’s own WRONGFUL HARASSMENT and
TERMINATION as a WHISTLEBLOWER desperately trying to SAVE Sylvia are very much matters
of the HERE and NOW that need to be addressed if genuine progress is to be made.
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117. Similarly, it is to be noted that it took almost 9 ½ YEARS to even charge, let alone prosecute,
Mayor Daley’s nephew, RJ Vanecko, for the WRONGFUL DEATH/MANSLAUGHTER of David
Koschman by a single blow during a drunken argument in 1993.
118. While on 1/31/14, RJ Vanecko finally pleaded GUILTY to MANSLAUGHTER over 9 ½
years after the fact, full JUSTICE in this case is yet to be done.
119. While special prosecutor Dan Webb released a 162 page report investigating potential
COVER-UP in the Vanecko case on the second anniversary of Sylvia’s WRONGFUL DEATH (Sylvia
Being Sylvia), it remains uncertain if ANY of the multiple city, County and state officials involved in
these matters will ever be held to account for their quite likely deliberate inactions.
120. As an editorial in the Sun-Times (who have been investigating these matters for several
years) wrote on 2/5/14 “Nobody had to tell anybody that going after a Daley might not be a ticket to a
promotion.”
121. Similarly, the long-standing pattern of cover-up of sexual abuse in the Church and the
DELIBERATE INTIMIDATION of victims and their families and other WHISLEBLOWERS
concerning these matters show a clear RICO-type PATTERN OF BEHAVIOR that is now simply being
repeated in the case of the COVER-UP and OBSTRUCTION of JUSTICE in the ONGOING case of
the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT/TERMINATION of Dr.
Ladien. Simply put, it is time to LEARNED FROM HISTORY and SIX THE SYSTEM for the GOOD
of ALL.
122. As Dr. Ladien notes in his quote above,
“St. Joseph Administration and Its lawyers (SJAIL) could only be so audacious and flagrant in their violation of the law,
illegally changing Sylvia’s multiple Advance Directives to be FULL CODE and then literally standing by for SEVEN
DAYS as Sylvia slowly DROWNED TO DEATH on her own secretions and then seeking the WRONGFUL
TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE SYLVIA, because on some level
they understood that the current lose-lose litigation system would protect them and their UNETHICAL and CRIMINAL
behavior.”
123. It is Dr. Ladien’s firm belief that this entire dysfunction, pathological and downright deadly
“lose-lose Litigation system” must be replaced with a truly Win-Win Mediation BEFORE Lose-Lose
22
Litigation (WWMBL3) Paradigm if the Arrogance, Stupidity and Systematic Abuses of Power (ASSs)
is to be STOPPED and FIXED ONCE AND FOR ALL.
124. Throughout Dr. Ladien’s writings on these matters, he has made the clear distinction between
what he calls “The Church of Pharisees and Praetorian Guards” (the very people who killed Christ in
the first place) and “the Church of Christ and Love” as represented by Pope Francis and, hopefully,
Cardinal George himself.
125. By Dr. Ladien’s efforts to GIFT his Global Energy Independence Program (GEIP) to both
Pope Francis and the Bill and Melinda Gates Foundation, he wishes to give them potentially the
equivalent of $2-3 TRILLION/year to help implement IF-PREVENT, Super-EPIC and Safe Haven both
in the United States and around the world while also helping to eliminate poverty, hunger, illiteracy and
many of the infectious diseases endemic around the world.
126. By simply agreeing to work with Dr. Ladien to Investigate, Fix and, ultimately, PREVENT
the Arrogance, Stupidity and Systematic Abuse of Power (ASSs) leading to Sylvia’s WRONGFUL
DEATH, both the Sisters and Cardinal George would be helping to achieve PROFOUND GOOD both
here in Illinois and far beyond.
127. As Dr. Ladien has said from the beginning, rather than wishing to hurt the Sisters, the
Church, Cardinal George, Pope Francis or even Gov. Quinn in any way, he hopes to STRENGTHEN
the “Church of Christ and Love” while fighting “the Church of Pharisees and praetorian guards” and
making Presence, IDPH and Illinois MODELS FOR THE COUNTRY in highly humane, cost-effective
PREVENTIVE MEDICINE that SAVES both lives and money in the process.
128. As noted above, nothing would please Sylvia and all of the other countless victims of abuse
over the years more than to finally see “something very GOOD” come of “something very Bad”
indeed.
-- So it shall be done.
23
FACTUAL BACKGROUND
Section I—Over-Radiation and Gross Malpractice at Northwestern Memorial Hospital
A.
Dr. Ladien and Sylvia Doucette-Ladien’s Marriage and 50 Year Relationship
129.
Dr. Ladien is a psychiatrist. Until the events of this case, and for many years, he
enjoyed staff privileges at St. Joseph. Dr. Ladien has also enjoyed for many years without incident
staff privileges at other Hospitals and in many nursing homes.
130.
Dr. Ladien specializes in community-based preventative mental health, family and child
wellness, gang, drug abuse, and crime prevention, and screening, assessment, and treatment of child
abuse and neglect, among other things. Dr. Ladien has chosen to use his medical license primarily to
aid persons of low income and those confined to nursing homes.
131. Working in the context of Dr. Ladien’s Safe Haven programs, he has been active in
projects aimed at bettering his communities and society as a whole. In particular, Dr. Ladien has
devoted substantial time to his privately-developed Safe Haven project, which is directed at eliminating
gang activities and drug abuse through the creation of sustainable employment and a Community
Service Corps (CSC) similar to the old CCC and WPA of the 1930s and other positive, proactive social
programs.
132. As relevant here, Dr. Ladien and Sylvia shared the following intertwined values. Dr.
Ladien and Sylvia believed in the sanctity and extreme value of human life. Dr. Ladien and Sylvia
respected and valued the power of modern medicine to improve and preserve life. Sylvia, when able to
make her own decisions, elected and expected full medical treatment in the event of serious illness.
Sylvia never chose, and never would have chosen, withdrawal of medical treatment.
133. In keeping with these core beliefs, and particularly as Sylvia began to experience
significant health problems, Dr. Ladien and Sylvia made two commitments to one another. The first
commitment was that they would explore every medical option available to preserve their lives, even in
24
the face of serious disease. Both Dr. Ladien and Sylvia rejected the idea that medical support should be
withdrawn. Second, Dr. Ladien and Sylvia’s faith in the power of medicine was so great that they
agreed, should one of them predecease the other, the survivor would cryogenically preserve the
deceased spouse. This was not an abstract concept to Sylvia or, in particular, Dr. Ladien, who
previously authored a prize-winning paper on the subject. Cryogenic preservation in hope of a future
cure for a terminal condition was a sincere and real goal and commitment of Dr. Ladien and Sylvia.
B.
Sylvia's Over-Radiation And Mistreatment At NORTHWESTERN Memorial
Hospital and by DR. COHEN.
134.
On September 2, 2009, Sylvia commenced treatment at NORTHWESTERN for with
severe pneumonia and a collapsed right lung.
135.
Sylvia's treating physicians at NORTHWESTERN administered received multiple CT
and other radiological procedures, including those involved in guided-imagery placement of chest
tubes.
136.
At no time did NW staff chart or otherwise keep track of the amount of radiation Sylvia
was exposed to. This would have been an easy thing for them to do. The software to do this is cheap
and easily available. NORTHWESTERN did not do this. Since these events, Dr. Ladien has learned
that NORTHWESTERN staff were required by law to keep records of radiation doses given to patients.
137.
The standard of care requires the physician not to administer an excessive dose of
radiation to a patient.
138.
The standard of care also requires that the physician give real warnings as to the risk of
over-radiation. For Sylvia to have had appropriate or effective warnings as to the cumulative radiation
dosing she received, she would have had to have such actual warnings. Those warning had to
specifically consider the cumulative amount of radiation administered by any and all physicians, and
especially the physicians following her care. Sylvia did not receive such warnings. (The recommended
25
annual amount of radiation is less than 5,000 mrems. Sylvia may have received up to 25,000 mrem of
radiation at NW and an additional 25,000 mrem at SJH with Cohen as described below.
139.
By definition Sylvia could not have had those warnings. Sylvia's acute lymphoblastic
leukemia ("leukemia") could have and likely was caused by the excessive radiation she was exposed to.
(25,000 to 50,000 mrems of exposure is the range of radiation received by victims of Hiroshima and
others over the years who have developed leukemia secondary to over-exposure to radiation.)
140. Following numerous requests by Dr. Ladien that NW provide Sylvia's total dosing levels,
NW ultimately stated that they did not have that information. If NW did not have that information,
Sylvia could never have been given consent to the past radiation she received at NW or the future dose
she received from DR. COHEN, which occurred just prior to her diagnosis with leukemia.
141.
Sylvia's last dose of radiation at NORTHWESTERN was in November 2009. As
alleged below, only a few months later Sylvia decided to get elective angiography at SJH. She did not
give, nor did anyone obtain, informed consent from her regarding that angiography from COHEN.
142. Had Sylvia and Dr. Ladien ever been told of even the possibility of over-radiation at NW
or SJH, Sylvia most certainly would NOT have gone ahead with an elective exposure to even more
over-radiation.
143. In addition to failing to give informed consent, the standard of care required
NORTHWESTERN, COHEN and SJH to record and track cumulative radiation exposure as is true of
all important medical procedures and records.
144.
As the result of Sylvia's treatment at NORTHWESTERN, and NORTHWESTERN and
COHEN's breach of the standard care, Sylvia received a significant amount of over-radiation secondary
to these procedures. That over-radiation lead directly to the development of Sylvia’s leukemia.
145. Had Sylvia and Dr. Ladien in informed of her OVER-RADIATION at NORTHWESTERN
during 1999, Sylvia would most certainly NOT have undergone elective angiography with COHEN at
SJH in May, 2010.
26
146. Thus, the FAILURE of NORTHWESTERN to keep a FULL and ACCURATE record of
Sylvia’s Cumulative Radiation Dose DIRECTLY contributed to Sylvia’s subsequent development of
leukemia and subsequent WRONGFUL DEATH at SJH on 2/4/12.
147. Sylvia's treatment at NORTHWESTERN was horrendous for other reasons as well.
148.
During a prior admission ad Methodist Hospital, Sylvia had been continuously
monitored in a telemetry unit. On and after September 2, 2009, Sylvia was admitted to a nontelemetry, non-monitored unit at NORTHWESTERN. NORTHWESTERN failed to monitor Sylvia’s
oxygen levels, leading to hypoxia. Sylvia experienced temporary decreased memory and cognition,
leading to temporary loss of decisional capacity.
149. As Dr. Ladien was with Sylvia throughout the entire time of this emergency and able to
make appropriate medical decisions for Sylvia since Sylvia’s pulseOx returned to normal with the use
of BiPAP, Sylvia was able to avoid the need for sedation and intubation.
150. While Sylvia recovered full decisional capacity over a period of time, this significant
hypoxia reduced Sylvia’s residual cognitive capacity so that she was made increasingly vulnerable to
future neurological insults as described below. Those neurological insults left Sylvia increasingly
vulnerable to the reduced decisional capacity from which she later suffered, which in turn significantly
contributed to Sylvia’s later wrongful death.
151.
Subsequent to Sylvia being diagnosed with leukemia in July, 2010, Sylvia was admitted
again to NORTHWESTERN Hospital for treatment of her leukemia. During the completion of her first
round of chemotherapy in early August, 2012, Sylvia developed sepsis and was again transferred to
NORTHWESTERN’s ICU on an emergency basis. Even though Sylvia explicitly and repeatedly told
the NORTHWESTERN staff to “call Dr. Ladien’s husband,” NORTHWESTERN intubated her without
her consent. As both Sylvia and Dr. Ladien had elected a few months previously for her to be
maintained on CPAP instead of intubation (as noted above), in this case, where Sylvia had again
already been medically stabilized, it was definitely NOT an emergency situation where the staff could
27
not have waited to speak to Dr. Ladien per Sylvia’s explicit request.
152.
For many reasons, both Sylvia and Dr. Ladien had a strong preference for CPAP over
intubation where this was feasible. Had Dr. Ladien been consulted per Sylvia’s request he would most
certainly have requested that, as in 1999, Sylvia be maintained on CPAP unless and/or until such time
as it was clear that she required more aggressive treatment. While the resident involved in this
intubation was subsequently reprimanded by NORTHWESTERN for these actions, subsequent events
proved again why Sylvia and Dr. Ladien were appropriately reluctant for her to be intubated unless
absolutely necessary, and why it was essential to ensure that Hospital staff followed Sylvia's wishes for
true informed consent and consultation with Dr. Ladien.
153.
During Sylvia’s subsequent drug-induced coma, basic standard of care protocols
required the periodic reduction of sedation to evaluate both the patient’s overall cognitive status as well
as the continuing need for sedation (cf, eg, University of Pennsylvania Protocol). While periodic
attempts are also to be made per standard of care treatment to wean patients off of intubation, this is
separate and distinct from reducing sedation per se.
154.
In the absence of such standard of care reductions in sedation, Sylvia was, in fact, over-
sedated to the point that she remained in an iatrogenically drug-induced coma for several weeks even
after the sedation had been stopped. By the time that Sylvia finally did start to even open her eyes,
she was suffering from severe to profound neuropathy and myopathy to the point that she could barely
move a finger, let alone speak.
155. Even with literally months of therapy, including two stays at the Rehabilitation Institute
of Chicago and subsequent physical therapy treatment at both St. Joseph Hospital and Imperial nursing
home, Sylvia continued to suffer both pain and diminished movement secondary to severe neuropathy
and myopathy up until the time of her death.
156. This breach of the standard of care treatment associated with Sylvia’s iatrogenic, druginduced coma and the failure to periodically reduce her level of sedation significantly contributed to
28
Sylvia’s pain and suffering related to her severe neuropathy and myopathy during the last 16 months of
her life.
157. In part at least because of Sylvia’s continuing sedation, physicians at
NORTHWESTERN were reluctant to debride Sylvia’s rapidly progressing skin infection in a timely
fashion. What had started as a tiny red area on the first day of Sylvia’s sepsis, over the next several
weeks of Sylvia’s iatrogenic, drug-induced coma had spread to a blackened area covering the entire
lower part of Sylvia’s abdomen.
158. By the time that Sylvia was even beginning to be alert over six weeks later, she was
being told that if she had surgery on her abdomen there was a very strong likelihood that she would die
a painful death from infections even if the operation were successful.
159. Sylvia was also being told, however, that if she did NOT have the surgery there was
even a better chance that she would ultimately die of sepsis and infection anyway.
160. The painful memories of the severe psychological and emotional anguish caused to both
Sylvia and Dr. Ladien remained with Sylvia to her dying days and with Dr. Ladien up until the present
time.
161.
Rapid and timely debridement of Sylvia’s infected skin area when it was still very small
and manageable could have saved significant pain and suffering on the part of both Sylvia and Dr.
Ladien. This minor debridement would have occurred in a timely manner were it not for Sylvia’s
iatrogenic drug-induced coma.
162.
Following Sylvia’s surgery, rehab and a brief stay at home for the Christmas holidays,
from early January 2011 through the beginning of February 2011, Sylvia was re-admitted to
NORTHWESTERN Hospital three times with progressively worsening confusion, neuropathy and
myopathy.
163.
While from the first day of her first re-admission in January, 2011 Dr. Ladien repeatedly
told Sylvia’s doctors that he strongly suspected that she had an infection, at no time during these
29
several weeks did NORTHWESTERN staff draw blood cultures which would have been part of the
standard of care for diagnosis in such a situation.
164. It was only after Sylvia was transferred by ambulance back from the Rehabilitation
Institute of Chicago to NORTHWESTERN’s emergency room in mid-February that blood cultures
were finally done and clear signs of sepsis were diagnosed.
165.
The inexcusable delay in drawing appropriate standard of care blood cultures on Sylvia
significantly contributed to the worsening of her confusion, neuropathy and myopathy after a period
during which all three were slowly improving with very significant efforts on the part of Sylvia and Dr.
Ladien.
166. The failure to diagnose and treat a return of sepsis during January and February 2012
significantly increased Sylvia’s pain and suffering and Dr. Ladien’s emotional anguish for his wife’s
condition during this last tragic year of Sylvia’s life.
167. From September 2009 through February 2011, NORTHWESTERN breached the
standard of care in that NORTHWESTERN:

Failed to properly assess Sylvia at the time of admissions;

Failed to properly treat Sylvia at the time of admissions;

Failed to properly monitor Sylvia at the time of admissions;

Failed to monitor Sylvia’s breathing status;

Failed to monitor Sylvia’s oxygen levels;

Failed to prevent Sylvia from suffering from hypoxia;

Failed to properly assess Sylvia’s hypoxic condition in a timely manner;

Failed to properly treat Sylvia following her hypoxic condition;

Failed to monitor Sylvia’s Cumulative Radiation Dose;

Failed to prevent intubation of Sylvia when it was not necessary;

failed to periodically reduce Sylvia’s level of sedation;
30

failed to prevent a prolonged drug-induced iatrogenic coma;

failed to prevent the subsequent development of severe neuropathy and myopathy;

failed to debride a skin infection in a timely fashion leading to literally life-threatening surgery;

Failed to diagnose and treat progressive sepsis in a timely fashion
168.
Sylvia's treatment by NORTHWESTERN left her in a damaged and fragile State
throughout the time she was treated by St. Joseph. Because DR. COHEN was Sylvia's physician
throughout her admissions at St. Joseph, he was fully aware of Sylvia's history, including her history of
loss of decisional capacity during times of stroke. St. Joseph still breached the standard of care with or
without actual knowledge of Sylvia's mistreatment at NORTHWESTERN. The fact that they had
actual knowledge makes St. Joseph's breaches even less excusable.
169. In addition to the above issues, in late November 2011, when Dr. Ladien first found
evidence to suspect that Sylvia might have received significant over radiation at Northwestern Hospital
10/9-11/9 and, subsequently, at SJH during her elective angiogram in May 2010, Dr. Ladien personally
called the Department of Radiology at Northwestern to get a copy of Sylvia’s Cumulative Radiation
Dose (CRD).
170.
While the Northwestern staff acknowledged at that time that they did not “routinely”
keep a record of the CRD on patients, they specifically stated that they could retrieve this information
from the records “in two or three days.”
171. Dr. Ladien was also told at the time that a simple computer program existed that could
easily record the CRD on ALL patients, but that both NORTHWESTERN and SJH had refused to
purchase it.
172.
Unfortunately, when Dr. Ladien called back at the end of November, 2011, while the
staff in radiology acknowledged that they had, indeed, calculated Sylvia’s Cumulative Radiation Dose,
they informed Dr. Ladien that he would have to “call the hospital lawyers to get this information.” (!!!)
173. Although Dr. Ladien was shocked that vital clinical information extremely relevant to
31
Sylvia’s well-being was being deliberately WITHHELD by Northwestern staff, he nonetheless did as
instructed and contacted NORTHWESTERN’s legal department to obtain this information.
174. Although Dr. Ladien was clear in both the specific information he was requesting and its
importance to Sylvia’s ONGOING clinical care at the time, Dr. Ladien’s REPEATED requests for this
vital information on at the time and up to the present day have been unanswered.
175. Not only are patient records required BY LAW required to be available to patients on
request, as Sylvia did repeatedly with Dr. Ladien’s assistance, ESPECIALLY where there is potential
evidence of WRONGDOING on the part of the hospital, such as OVER-RADIATION, the hospital has
a PROACTIVE DUTY TO WARN the patients of any such potential CLINICAL ERRORS
IMMEDIATELY at the time that they are even suspected, let alone confirmed.(Cf, eg, nosocomial
infections, etc,)
176. Just as hospitals are required to WARN patients if they may have been exposed to a
nosocomial infection, NORTHWESTERN had a similar DUTY TO WARN Sylvia of any possible
over-radiation.
177. Similarly, NORTHWESTERN (and, later, SJH) would have a similar DUTY TO
REPORT such a CRITICAL ERROR to monitoring agencies, such as IDPH and JCAHO.
178. FAILURE to REPORT such CRITICAL ERRORS to BOTH the patient AND the
appropriate monitoring agencies is, in fact, the Deliberate Falsification of Records by Omission.
179. Such a Deliberate Falsification Of Records by Omission (DFORBO) is, in fact,
OBSTRUCTION OF JUSTICE and is, in and of itself, a CRIMINAL act.
180.
Had Sylvia been given her Cumulative Radiation Dose by both NORTHWESTERN and
SJH in late November, 2011 when it was first requested by Dr. Ladien on her behalf, Sylvia MIGHT
WELL BE ALIVE TODAY.
181. In the case of the Tuskegee Syphilis Trials from 1932 to 1972, 399 impoverished
African American sharecroppers from Macon County, Alabama were deliberately NOT INFORMED of
32
their diagnosis and were left UNTREATED until the time of their deaths from their diseases despite the
availability of penicillin from the 1940s onward so that they could be “studied!”
182. It was precisely a WHISTLEBLOWER who, ultimately caused, not only the shutting
down of this “experiment,” but the institution of explicit INFORMED CONSENT LAWS for both the
treatment of patients and experimental studies that, quite appropriately, remain in place to this very day.
183. Officials from the US Public Health Services were found both civilly and
CRIMINALLY liable in this case and were most certainly NOT “protected” by “official immunity”
concerning these matters.
184. The fact that Sylvia’s Cumulative Radiation Dose has been DELIBERATELY
WITHHELD from Dr. Ladien, even AFTER Sylvia’s WRONGFUL DEATH up to the present time is,
again, consistent with a conspiracy to OBSTRUCT JUSTICE and is, in fact, a CRIMINAL as well. as
CIVIL matter.
185. To the extent that NORTHWESTERN’s chief legal consul, Carol Lind, and the head of
their Claims and Litigation, Bill Bower, have had this information and/or SHOULD have had this
information since late November 2011, well BEFORE Sylvia’s WRONGFUL DEATH, their
participation in the DELIBERATE WITHHOLDING of this information is also an ONGOING
CRIMINAL matter that needs to be thoroughly INVESTIGATED along with all of the other issues at
SJH leading to Sylvia’s WRONGFUL DEATH.
186.
For this reason, in addition to the IMMEDIATE release to Dr. Ladien of Sylvia’s
Cumulative Radiation Dose, Dr. Ladien is requesting a FULL FORENSIC INVESTIGATION of both
NORTHWESTERN and SJH/Presence related to the WRONGFUL DEATH of Sylvia.
187.
WHEREFORE, the Plaintiff, KIMBALL LADIEN, as Independent Administrator of the
Estate of SYLVIA, Deceased, prays for damages against Defendant NORTHWESTERN MEMORIAL
HOSPITAL, in a sum in excess of Fifty Thousand Dollars ($50,000), plus costs AND the initiation of a
FULL FORENSIC INVESTIGATION, as was conducted 9 ½ YEARS after the fact in the case of
33
Mayor Daley’s nephew.
Section II-Gross Malpractice and WRONGFUL DEATH of Sylvia at SJH: 5/15/10-2/4/12
C.Sylvia Elects To Receive Full Medical Intervention To Prolong Her Life, And Appoints Dr.
Ladien As Her Attorney In Fact to Ensure That Her Wishes Are Carried Out
In The Event She Is Unable To Make Her Own Decisions.
188.
In May 2010, Sylvia underwent an outpatient angiography at St. Joseph in response to
chest pressure symptoms and to rule out coronary artery disease. With the possibility of a significant
medical condition before her, Sylvia took steps to ensure that she would receive full medical treatment
to prolong her life.
189.
From her experience at NORTHWESTERN, Sylvia knew how medical treatment can
take a wrong turn. Just as at NW in 2009 and her multiple stays there in 2010 and early 2022, Sylvia
elected to ensure that absolutely no medical treatment would be withheld from her, and that her life
would be prolonged through the means of medical treatment and intervention. This status is known as
“Full Code” in Hospital terminology.
190.
Sylvia expected that her wishes would be carried out even if she was unable to make
decisions for herself. To ensure that, and knowing that her husband shared her values and knew of her
determination to prolong her life for so long as medical means were available to do so, Sylvia
appointed Dr. Ladien her health care attorney in fact through a May 25, 2010 durable health care power
of attorney (the “May 25, 2010 POA”). The May 25, 2010 POA specifically requires Dr. Ladien to
ensure Sylvia’s Full Code status:
. . . life be prolonged to the greatest extent possible, without regard to her condition, the
chance of recovery or cost of procedures, with no limitation of emergency care or
treatment (“Full Code”).
191.
Sylvia’s May 25, 2010 POA, attached hereto as Exhibit A, was signed at a time that
Sylvia, with an IQ of 185, had complete Understanding, Logic and Consistency in her wishes. During
the time that Sylvia had Full Decisional Capacity, she never rescinded the May 25, 2010 POA or her
multiple Advance Directives providing that she was to receive maximum medical intervention to
34
prolong her life (ie, Full Code status).
192.
On July 14, 2010, less than two months following the angiography, Sylvia was
diagnosed with life-threatening leukemia. This leukemia was characterized by the Presence in her
blood of “blast cells,” which are precursors of leukemic cells and are not normally present in the blood.
Beginning in July 2010, Sylvia commenced a series of admissions to St. Joseph to treat this disease.
During the following 17 months, and knowing that she had a life-threatening condition that required
substantial medical intervention, Sylvia executed at least five documents directing St. Joseph to
maintain her Full Code Status. She executed these written directions on July 14, 2010, March 3, 2011,
August 7, 2011, August 14, 2011, and October 12, 2011. See, Hospital Admission Records, Group
Exhibit B.
193. Prior to Sylvia’s iatrogenic stroke at SJH in November, 2011, while Sylvia was capable of
knowing and fully understanding her choices, she never rescinded these instructions to St. Joseph to
have Dr. Ladien as her POA and maintain her FULL COE status.
D.
Sylvia, Dr. Ladien, Sylvia’s Physicians And St. Joseph Forge A Productive
Partnership In Sylvia’s Treatment And Care That Erodes When St. Joseph Makes
Mistakes And Decides That Dr. Ladien Is Too Involved.
194.
On July 28, 2011, Sylvia was admitted to St. Joseph for a course of treatment. In part
because of Sylvia's history of panic attacks and agoraphobia since her teens and in part because of their
love for each other and personal belief systems, in the 20 years that Sylvia and Dr. Ladien had been
together they had never once spent a night apart. During earlier phases of Sylvia’s treatment at other
Hospitals, from July 2010 through March 2011 Dr. Ladien had slept on chairs, on the floor and even on
window sills without incident, just to be with Sylvia every night of her long ordeal and as part of her
treatment.
195.
From the very beginning of Sylvia’s stay at St. Joseph, it was agreed upon by Sylvia's
doctors and by St. Joseph administration that Dr. Ladien could and would be staying each night with
35
Sylvia and as much during the day as possible. Until the incidents beginning December 19, 2011,
described below, Dr. Ladien staying with Sylvia occurred without incident or controversy. Dr. Ladien
had cut back significantly on his medical practice just to spend more time with Sylvia, to research
possible new treatment options and to be available as much as possible during the day to speak to her
doctors as they came to see her. Dr. Ladien’s being available as much as possible during the day also
helped Sylvia’s treatment significantly in assuring that there was excellent communication between Dr.
Ladien and Sylvia and her doctors as to the treatment plan as it evolved.
196.
During the period of March 2011 through November 2011, Sylvia had three more
rounds of chemotherapy. With each round of chemotherapy, as Sylvia's immune system was at its
lowest point, Sylvia developed sepsis. This had also occurred during Sylvia’s prior Hospitalization at
NORTHWESTERN Memorial Hospital, and this fact was known to St. Joseph.
197.
During these periods of sepsis, Sylvia suffered from significant confusion, both at
NORTHWESTERN and at St. Joseph. Sylvia’s confusion was so significant that it resulted in a loss of
“decisional capacity.” Decisional capacity is the ability to understand what is presented, and logically
and consistently make decisions based on that understanding that are reliable reflections of the decision
maker’s true intent and desire.
198.
On October 28, 2011, Sylvia was transferred to St. Joseph 11th Floor for advanced
cancer therapy. In early November 2011, Sylvia suffered another round of sepsis, and was transferred
to the Intensive Care Unit (“ICU”) for treatment. Her immune system was weakened. As had occurred
in the past, Sylvia’s sepsis and weakened immune system led to her becoming very confused and to
lose decisional capacity.
199.
A possible source of Sylvia’s sepsis was a Percutaneous Intrathecal Central Catheter
(PICC) line in her arm. St. Joseph had used PICC lines regularly since July 2011 to administer Sylvia’s
chemotherapy and other medications. These lines often stayed in Sylvia’s arm for weeks to months at a
time. Each time that Sylvia developed sepsis, however, this PICC line would need to be replaced to
36
help prevent any possible source of reinfection. Thus, per protocol, Sylvia received a new PICC line as
part of her treatment for sepsis in early November 2011.
200. Unlike the usual situation, however, this new PICC line developed clots seven times
within the first two weeks of its placement. Each time that a clot developed, it had to be dissolved with
a medicine designed for this purpose.
201.
On the seventh time that this medicine was used to reopen Sylvia's clogged PICC line,
within 30 minutes Sylvia developed a significant edema (swelling) in her right arm where the PICC
line had been placed. This edema was consistent with the development of a Deep Vein Thrombosis
(DVT) which can potentially be a life-threatening situation.
202.
For other reasons, DR. COHEN was in Sylvia’s room approximately 30 minutes after
this significant edema occurred. Dr. Ladien, who was present throughout this entire incident, discussed
with DR. COHEN various potential treatment options for treating this potentially very serious situation.
Dr. Ladien and DR. COHEN agreed that a portable ultrasound should be done to try to identify this clot
prior to trying to dissolve this clot and prevent it from causing further damage.
203.
However, much to Dr. Ladien’s surprise, DR. COHEN recommended no further action
other than elevating Sylvia's right arm with a pillow. Dr. Ladien sought, but did not receive, oversight
from any other physicians to address the situation that was developing. Dr. Ladien was aware of, and
knew that DR. COHEN was aware of, a number of potentially fatal consequences of a clot, as well as
other consequences that were not necessarily fatal but could be quite serious. St. Joseph took no action
beyond the US to visualize the clot.
204.
As a cardiologist, COHEN knew or should have known that 27% of normal individuals
have a hole in the heart known as a Patent Foramen Ovale (PFO). As a cardiologist, COHEN either
knew or should have known that a PFO is the primary source of strokes in patients with DVTs.
205.
Dr. Ladien did NOT know this information at the time nor were he or Sylvia given
INFORMED CONSENT of the significant risk of a stroke in the situation. Thus Sylvia’s yet eugenic
37
stroke went first un-prevented and then undiagnosed and untreated for over a month.
206.
St. Joseph did not undertake any type of testing or investigation, other than the
ultrasound, in spite of Sylvia’s obvious state of severe confusion and loss of decisional capacity to
confirm that this was due to sepsis and not another medical entity, such as a stroke.
207. On an almost daily basis, Sylvia was confused, disoriented, and inconsistent in expressing
herself. Her conversation frequently consisted of only a few words. She used baby talk. She was not
connected to the World around her. Her decision making and oral expression were inconsistent and
unreliable.
208. Even when Sylvia’s sepsis resolved on December 16, 2011, and she remained confused
and with diminished decisional capacity, St. Joseph did not investigate the possibility of a stroke until
over one week later. (St. Joseph did not discover the existence of the stroke and did not take steps to
treat its consequences until SJH’s MRI machine was finally repaired and Sylvia had a brain scan on
December 23, 2011.)
209.
During the course of these events, it became clear that Sylvia’s blast cells were
returning. Concerned about the severe complications of chemotherapy that Sylvia had experienced, Dr.
Ladien undertook extensive research and learned of treatment using monoclonal antibody therapy
(Rituximab).
210. On Friday, December 16, 2011, the family-Hospital team agreed that Sylvia should
commence Rituximab therapy. However, St. Joseph determined that Sylvia would not start this therapy
until early January 2012. As such, St. Joseph made the surprising announcement that Sylvia, although
in the middle of a progressing blast cell crisis, should be discharged the following day.!
211. Dr. Ladien strongly objected to this plan, in part because it was imprudent and in part
because there was no adequate discharge plan in place including, for instance, relating to necessary
equipment being available at home for Sylvia.
212. Also, with Sylvia’s core doctors unavailable during parts of the Christmas holidays, there
38
was a critical breakdown in the Continuity of Care that was essential for Sylvia’s effective treatment.
213.
Nonetheless, Dr. Ladien, in spite of considerable misgivings, made good faith efforts to
comply with St. Joseph’s sudden discharge plan.
214. At this time, however, a new problem had arisen. Sylvia, still lacking full decisional
capacity in spite of the passing of the sepsis, remained very resistant to even eating let alone taking her
potentially literally life-sustaining medications. The physician covering for DR. COHEN, Dr. Mayuga,
gave orders on December 17, 2011 (a Saturday morning) for a resident to place a Dobhoff Tube (DHT)
so that Sylvia could be reliably fed and given her medication. The resident did not carry out this order,
reporting that Sylvia had refused the procedure.
215.
Because of the orders for Sylvia to be discharged to home that same day, Saturday,
December 17, 2011, Dr. Ladien had left to see his patients at other Hospitals after Dr. Mayuga had
given the order for the placement of the DHT. Dr. Ladien did not find out that the DHT had not been
placed until he called the nurses around five o'clock to find out what time the ambulance was supposed
to come to take Sylvia home.
216.
When Dr. Ladien discovered that the DHT had not been placed Dr. Ladien called the
resident and explained that the placement of the DHT was not an “optional” procedure but a matter of
life and death if Sylvia was to get both much needed nutrition and her life-sustaining medications in
this setting.
Dr. Ladien advised the resident that Sylvia was not capable of understanding the
consequences of refusing the DHT (and thereby refusing food and medication). Dr. Ladien advised the
resident that, as Sylvia’s attorney in fact, he was directing St. Joseph to place the DHT. The resident
refused, and Sylvia was not discharged.
217.
As a Catholic institution, SJH is required under Canon law to provide both medications
and feeding to patients when requested by the POA, especially if it’s absence could result in death or
serious injury (e.g., progression of substance and/or blast cell crisis) as was definitely the situation
here.
39
218.
Dr. Ladien’s assertion of Sylvia’s rights and interests as a patient to receive food and
medication, and effort to further St. Joseph’s discharge plan (with which Dr. Ladien did not agree),
comprised the first trigger for a series of retaliatory steps against Dr. Ladien by St. Joseph. St. Joseph
resented Dr. Ladien’s intercession in the DHT matter, and resented the fact that Dr. Ladien had been
correct in opposing the discharge.
219. As it turned out, Sylvia could not have been discharged on December 17, 2011, because
St. Joseph had not ordered the necessary home medical equipment. On Sunday, December 18, 2011,
although another resident was able to place the DHT, Sylvia again could not be discharged, because the
blast cell crisis led to the need for a blood transfusion.
220. Had Sylvia, in fact, been discharged on Saturday as originally planned, the drop in her
hemoglobin would not have been detected on Sunday. Thus, she could have easily died at home before
this critical mistake was even detected, let alone appropriately treated.
221.
St. Joseph, rather than simply acknowledging a mistake and moving forward, working
with Dr. Ladien and Sylvia as had been successful up to that point, decided that Dr. Ladien was the
problem. Rather than focus on the increasingly difficult question of Sylvia’s treatment, and the as yet
unexplained cause of her continuing mental confusion and loss of decisional capacity, and in spite of
the success of Sylvia’s primary team’s collaboration (all of full were out of town on this weekend), St.
Joseph determined that Dr. Ladien was overly involved in the treatment of his wife.
E.
Sylvia’s Increasing And Persisting Loss Of Decisional Capacity Leads To Dr.
Ladien’s Continued Advocacy For Sylvia, Which In Turn Results In Retaliation
Against Dr. Ladien.
222.
St. Joseph’s determination to take action against Dr. Ladien could not have come at a
worse time. As had been the case in the past following a period of sepsis, Sylvia lost decisional
capacity. This time, however, that capacity did not return once the sepsis was resolved.
40
223.
St. Joseph’s records clearly reflect that Sylvia was not the same highly intelligent person
she had been. St. Joseph was clearly aware of the loss of decisional capacity that persisted in Sylvia
even after her sepsis resolved in mid -December, 2011.
224.
Beginning in November 2011, as it became clearer that Sylvia was once again unable to
make medical decisions for herself, Dr. Ladien and St. Joseph came into conflict on several occasions,
including the aborted discharge plan described above. The friction stemmed from the fact that Dr.
Ladien, who was armed with better information than a typical patient advocate by virtue of his medical
degree and many years of experience as a physician, refused to compromise when it came to Sylvia’s
care. Though armed with such specialized information and knowledge, Dr. Ladien at all times acted as
Sylvia’s husband and made decisions which he knew reflected Sylvia’s wishes, expressed to him
during their many years together as friends and spouses.
225.
During this period, LUSHAWK became aware of complaints voiced by Hospital staff
that Dr. Ladien was intrusive into Sylvia’s treatment. In particular, Hospital staff appears to have
resented a patient’s husband advocating vocally and knowledgably for the patient, which required that
Hospital staff perform its work more thoroughly and to a higher standard than that typically demanded
by a patient’s spouse. This frustration made its way to LUSHAWK.
226.
As one seemingly “minor” getting important ongoing “problem” that Dr. Ladien had was
an approximate 25% of the time when Dr. Ladien returned from seeing his own patients, he would find
Sylvia literally laying in a pool of diarrhea. For ANY patient, especially one who is already
immunocompromised, such a situation can literally life-threatening as well as a repeated source for
sepsis and extremely painful dermatitis and rash is which Sylvia had frequently secondary to this
problem.
227. Precisely because of Sylvia’s iatrogenic stroke, she was so confused that she could not
even press the call button to ask for help even where she aware that she was laying sometimes up to
hours in her own diarrhea. While Dr. Ladien would have been upset to find staff so negligent
41
concerning any patient, he was most certainly upset with staff when they continued to have the same
seriously dangerous issue occurring despite him repeatedly bringing this problem to the attention of
both the staff and the supervisors. If anything, far from improving, these breakdowns in patient care
seem to become more, not less, frequent overtime despite Dr. Ladien’s best efforts to correct the
problem.
228. In a similar way, even when Sylvia had been appropriately cleaned, Dr. Ladien would
return to her room to find a that Sylvia’s compression boots and either been left off completely or the
staff had neglected to turn back on the pump that was necessary for Sylvia’s compression boots to be
effective. Because of Sylvia’s history of already having one in at your DVT (which the compression
boots are designed to help prevent), the failure of the staff to ensure that these boots were not only on a
properly working on a consistent basis was, in its own way, as serious as her risk of infection and
dermatitis from laying in her own diarrhea for hours.
229.
Finally, as noted above, in Sylvia’s increasingly confused state, in the absence of a
G-tube, it was frequently difficult for Sylvia to give her meals, let alone her medicines a timely basis.
230. Frequently (approximately 50% of the time), Dr. Ladien would return to Sylvia’s room
after seeing his own patients to find, not only her meals three, but her medicines ungiven!
231. While Dr. Ladien would literally spend hours each day trying to get Sylvia to take her
medicine and eat, clearly he was far more “motivated” and dedicated to these goals than were SJH
staff.
232. While Dr. Ladien seriously contemplated moving Sylvia to another excellent Hospital at
which he practiced, even in her diminished decisional state, Dr. Ladien always try to follow Sylvia’s
preferences as well as her best interest to the greatest extent possible.
233. Thus, because Sylvia “trusted” her primary medical team, many of whom he had known
for years, Dr. Ladien respect to Sylvia’s wishes to stay at SJH despite the problems which were much
more with and administration and with her primary team itself (with the exception of COHEN).
42
234. While the serious failures in basic patient care could have been easily PREVENTED, first
by diligence on the part of SJH staff and, then, by appropriate supervision of the staff, the fact that both
issues kept reoccurring was certainly not the fault of either Sylvia or Dr. Ladien. To the extent that
certain staff members who were the individuals most responsible for these reoccurring problems may
have come to resent Dr. Ladien for his whistleblowing activities concerning these matters, this was,
again, simply a matter of naming the messenger for the message.
235.
As the CEO of SJH did NOT know Sylvia personally over the years and Sylvia was
certainly no relative of LusHawk, rather than simply standing up for the best interests of the patient on
principle, LUSHAWK took the administratively-expedient position of trying to appease her staff.
Thus, Hospital staff complained to Dr. Ladien that he was abrasive and confrontational toward the staff,
when in reality he simply insisted that they be required to do their jobs. Dr. Ladien responded that as
Sylvia’s husband and her health care attorney in fact, he had a duty and responsibility to ensure that
Sylvia received proper care. Dr. Ladien again pointed out that St. Joseph had especially since
November significantly contributed to Sylvia’s worsening condition and had greatly impaired her
ability to advocate for herself, and that he would continue to advocate for her as any loving, dedicated
husband would under similar circumstances.
236.
Following December 16, 2011, it was obvious to Dr. Ladien that Sylvia had not
recovered decisional capacity. Dr. Ladien made more frequent assertions of his rights as Sylvia’s
attorney in fact to make medical decisions on her behalf. St. Joseph, although it was aware by this time
that Sylvia was not able to make consistent decisions for herself, resisted Dr. Ladien.
237.
All this was occurring against the backdrop of a sharp disagreement between Dr. Ladien
and St. Joseph regarding Sylvia’s prognosis. By late November 2011, St. Joseph adopted the view that
Sylvia’s passing was inevitable, and maximum medical intervention was unwarranted. Dr. Ladien
strongly disagreed and insisted that St. Joseph respect Sylvia’s wishes to have her life prolonged. As
Stated above, by mid-December, 2011, the parties had agreed to attempt monoclonal therapy at Dr.
43
Ladien’s strong insistence. St. Joseph, however, remained convinced that it was right while, quite
literally, not even knowing the basic facts of the case.
238. For the preceding 18 months, from quite literally the day of Sylvia’s original diagnosis,
Dr. Ladien has spent countless hours researching not only not only all of the cutting edge research on
the treatment of leukemia’s from literally around the world, but also the treatment of all of her other
related medical issues from sepsis to iatrogenic coma to iatrogenic stroke.
239. It was, in fact, the very individual at the MD Anderson cancer center at the University of
Texas, who had first invented the chemotherapy protocol that Sylvia had been using, who was the
individual who specifically recommended to Dr. Ladien holding off on a further round of this
chemotherapy in favor of starting the monoclonal antibody treatment that they were now pioneering.
240. While LusHawk had a previous background in infectious disease, she certainly was
neither an expert in cutting edge cancer research nor had she been in direct contact with these experts
as Dr. Ladien had been doing routinely over the past several months. Thus, in many ways, LusHawk
had “written off” Sylvia well before Sylvia even had the opportunity to start this cutting edge
treatment.
241.
As alleged above, St. Joseph saw the two-week delay in beginning monoclonal therapy
as an opportunity to discharge Sylvia (and, concomitantly, remove Dr. Ladien’s ongoing Presence).
Although Dr. Ladien strongly disagreed with the discharge plan, he surprised LUSHAWK and DR.
COHEN by cooperating. This left St. Joseph in a particularly embarrassing situation when it turned out
that Sylvia was NOT ready to be discharged at all, both medically and because St. Joseph had not done
its part by ordering home care equipment as noted above.
242.
In connection with the discharge, and in particular St. Joseph’s failure to involve him in
critical aspects of Sylvia’s care, including the way the staff formulated Sylvia’s discharge plan and in
excluding him from the process, Dr. Ladien reported to Hospital administration that staff had made
mistakes and endangered Sylvia and her discharge plan. Hospital administration refused to correct the
44
problems, as noted above, fully aware of the emotional distress and anguish they were inflicting on Dr.
Ladien by making it clear that St. Joseph would work behind his back.
243.
Rather than seek to find a solution to the schism in a once smoothly functioning patient-
Hospital care team, DR. COHEN and LUSHAWK began working together to find a way to cut off Dr.
Ladien’s advocacy, in the event that Sylvia was not discharged.
244.
LUSHAWK and St. Joseph team diverted their attention from solving the problem St.
Joseph had created to targeting Dr. Ladien, in spite of a wide array of procedures and protections in
place at St. Joseph to deal with patient-Hospital conflicts. At all relevant times, St. Joseph had in place
written policies relating to patient “grievances,” which are broadly defined to include verbal complaints
not capable of prompt resolution and any verbal complaint regarding patient care.
245.
By this point, it was clear or should have been clear to St. Joseph that its staff and Dr.
Ladien, as Sylvia’s representative, were in a conflict that would be treated as a “grievance” under
Hospital and IDPH policy. Among other things, based on St. Joseph’s written policies, St. Joseph was
required to provide a written response to each of Dr. Ladien’s grievance within seven days. St. Joseph
never did so despite multiple grievances requiring written responses from the Hospital.
246.
St. Joseph could have, at any time, utilized its own written policies toward the end of
resolving the grievance and coming to an accord with Dr. Ladien. An independent patient advocate to
make efforts to resolve Dr. Ladien’s grievance, in writing, within seven days of the grievance being
initiated.
247. SJAIL deliberately and recklessly chose not to invoke this procedure, because its very goal
was not to resolve Dr. Ladien’s concerns, but rather to remove him from having any input into
decisions regarding Sylvia’s care. SJAIL also deliberately and recklessly withheld following their own,
let alone IDPH, grievance procedures let alone take these matters before a Judge or judicial review
precisely because they knew that such disclosures would immediately expose their deliberately
RECKLESS abuse of power designed to remove Dr. Ladien from any decision-making role concerning
45
Sylvia.
248. These actions and inactions of SJAIL specifically included the Deliberate Falsification of
Records By Omission (DFORBO) specifically done with criminal intent to had both pitching reasons
for the actions taken against Dr. Ladien and the significant adverse affect. Deliberate recklessness was
having on the physical and psychological well-being of Sylvia.
249.
By deliberately not treating Dr. Ladien’s complaints and disagreement as grievances, St.
Joseph placed its own convenience ahead of its responsibility to Dr. Ladien and, ultimately, to Sylvia.
LUSHAWK was aware of, but indifferent to, the fact that their attempts to isolate Ladien were causing
him extreme distress in light of Sylvia’s serious condition and St. Joseph’s view that maximum
treatment was not warranted.
250.
Following the aborted discharge plan, LUSHAWK made a decision to take whatever
steps were necessary to force Dr. Ladien out as a decision-maker concerning Sylvia’s medical care. Dr.
Mayuga, covering for DR. COHEN, entered an order on December 19, 2011 limiting Dr. Ladien’s
Presence in Sylvia’s room. Dr. Mayuga issued this order with St. Joseph’s approval, and with no
regard for its impact on Sylvia’s emotional and other health needs, and in conscious disregard of the
emotional distress caused to Dr. Ladien. St. Joseph was prepared when an opportunity to remove Dr.
Ladien arose that same day.
251.
On December 19, 2011, Hospital staff was still working on Sylvia’s possible discharge.
Sylvia (who continued to be in a semi-coherent state) was reported to have said to Carol Shultz, a
supervisory nurse, that Dr. Ladien abused her, and that she did not want Dr. Ladien in the room.
Notwithstanding the tension between Dr. Ladien and St. Joseph, no member of staff had any factual
evidence in over 17 months of their living together in Hospital rooms that Dr. Ladien had ever in any
way ever in any way abused Sylvia.
252.
As St. Joseph staff was aware, for many months prior Dr. Ladien had been present in
Sylvia’s room virtually round the clock, with Hospital physicians and other staff present or nearby at
46
all times. Any abuse would certainly have been detected, and St. Joseph would have taken action about
it at that time. As St. Joseph records reflect, Sylvia was incoherent when she made the comment, and
further questioning the following day clarified that she was not talking about any kind of abuse. In all
of the events following December 19, 2011, St. Joseph never indicated any concern regarding Dr.
Ladien abusing Sylvia, and took no action consistent with such concerns. St. Joseph did not treat
Sylvia’s Statement as a true accusation of abuse, because St. Joseph knew there had been no abuse.
This was in fact acknowledged to Dr. Ladien by LusHawk herself in a room full of witnesses.
253.
On December 19, 2011, a Nurse Manager told Dr. Ladien that he would have to leave
Sylvia’s room, and had Hospital security present. Sylvia, who had been with Dr. Ladien almost
constantly during her treatment, repeatedly begged all present to let Dr. Ladien stay. Dr. Ladien asked
the Nurse Manager, treating physician Dr. Mayuga and other staff present to record in the medical
records Sylvia’s repeated statements that she wanted Dr. Ladien to remain, but they refused to do so.
254.
Within the first five minutes of Dr. Ladien being in Sylvia’s room, the Nurse Manager
expressly ordered at least six other witnesses present NOT to sign an affidavit affirming Sylvia’s
repeated and clear wishes for Dr. Ladien to stay with her.
Thus, again, began the Deliberate
Falsification of Records By Omission (DFORBO) that continues to this very day.
255. St. Joseph staff attempted to force Dr. Ladien to leave, to bar him from Sylvia’s room for
the first time since her illness began. This caused a high level of distress and great uncertainty on Dr.
Ladien’s part as to whether he would be able to protect Sylvia from St. Joseph.
256.
In the end, after several hours of effort on the part of Dr. Ladien, Dr. Mayuga finally
called back and, after hearing directly from Sylvia that she wished her husband to be with her (as she
had said repeatedly since he first arrived), Dr. Ladien was finally “allowed” to stay with Sylvia without
further incident just as he had been doing for the past 17 months.
257.
Finally, more than three hours after the beginning of this situation, Carol Schultz, the
nurse manager responsible for it all finally called back as Dr. Ladien had been insisting that she do
47
from the very first minutes of this travesty.
258. As Sylvia’s POA as well as her husband, Dr. Ladien demanded to know why he had not
been contacted hours earlier when this situation first began in the early afternoon.
259. While Schultz acknowledge Sylvia’s clearly confused state, Schultz had no explanation as
to why she had not bothered to check out your facts before taking such a drastic step as trying to bar Dr.
Ladien from seeing Sylvia. Norwich Schultz explained why it took her over three hours to return Dr.
Ladien’s multiple phone calls to her.
260. By this time, thoroughly exasperated by over three hours of totally unnecessary turmoil,
Dr. Ladien told Schultz in no uncertain terms that “If this is an example of your level of clinical
competence (or lack thereof), then you have absolutely no business being around sharp objects, let
alone patients.”
261. Dr. Ladien then demanded a written apology from Schultz by the next morning or he
promised he would seek her dismissal from SJH and sue both her, personally, as well as SJH for
medical malpractice Harassment of a family member and whistleblower.
262. Thus, Schultz, Carol Buer (the other administrator on call) as well as the rest of St. Joseph
Administration and Its Lawyers (SJAIL) had a very simple, yet fundamental, decision to make. They
could either apologize and rapidly de-escalate the situation (they did neither) or they could NOT
apologize and rapidly escalate the situation (they did both).
263. As SJAIL well knew, Dr. Ladien is very much a person who says what he means and
means what he says. Therefore, there was an could be no doubt whatsoever on the part of SJAIL that
when they decided to escalate the situation, Dr. Ladien would very much make good on his promise to
respond with full legal action, within the boundaries of ethics and the law.
264. Thus, SJAIL very much knew that they were “crossing the Rubicon” when they chose to
escalate the situation and they thus fully prepared to defame, discredit and destroy professionally Dr.
Ladien to the best extent they could as a way to “protect” themselves against the legal actions they
48
knew would be forthcoming. Unfortunately, while SJAIL fully intended to “hold a gun to Dr. Ladien’s
head” concerning these matters, their first tragic victim was Sylvia and not Dr. Ladien.
265. It was, thus, only six short and tragic weeks until SJAIL’s DELIBERATE
RECKLESSNESS starting on 12/19/11 led directly to the WRONGFUL death of Sylvia as SJAIL
literally stood by and watched over seven days as Sylvia slowly drowned to death on her own
secretions when SJAIL DELIBERATELY refused to honor her multiple advanced directives to be
FULL CODE as described below.
266.
St. Joseph and its staff were aware of the distress it was causing Dr. Ladien, but did
nothing to change its behavior. Sylvia’s abuse comment presented a key opportunity to remove Dr.
Ladien, and there was no interest on St. Joseph’s part in resolving its differences with Dr. Ladien.
LUSHAWK and other Hospital administrators were thus perfectly willing to inflict the emotional
distress on Dr. Ladien that they knew he would be experiencing.
267.
Not only were LUSHAWK and Hospital administration willing to inflict this distress
precisely because of Dr. Ladien’s ongoing whistleblowing efforts desperately trying to save his beloved
Sylvia, SJAIL proceeded to do everything they could to remove Dr. Ladien from Sylvia not merely for
a few days, but permanently.
268. Thus, ironically, while Dr. Ladien NEVER in their relation spanning over 50 years had
ever done anything other than to PROTECT Sylvia to the absolute best of his ability, SJAIL from
12/19/11 on repeatedly first psychologically abused Sylvia, leaving her literally crying daily asking for
her husband and, then, actually physically abusing Sylvia, first by withholding her monoclonal
antibody treatment for almost a month and then literally standing by for seven days and watching
Sylvia slowly drowned to death on her own secretions just six short and tragic weeks later!!! Such is
the “banality of Evil,” as the term was used by Hannah Arendt, that not only those individuals who first
recklessly and cruelly abused Sylvia (SJAIL) and those who assistant them in this fatal abuse (MEC),
but even those up to and including the current lawyers, may even give Sylvia’s WRONGFUL DEATH
49
and their roles in the ongoing cover-up of this grotesque Abuse of Power a second thought. So it goes.
F.
St. Joseph Abused Internal Administrative Procedures To Bar Dr.
Ladien From St. Joseph, And Give St. Joseph Time To Terminate Dr. Ladien’s Advocacy
For Sylvia.
269.
Beginning December 19, 2011, LUSHAWK, Shultz, and Carol Buer (acting
administrator in LUSHAWK’s absence), and others working with them or at their direction
(collectively referred to as SJAIL), created a plan to determine the best way to remove Dr. Ladien as a
decision maker in Sylvia’s care. Schultz and Buer consulted with counsel, among others, and came up
with a two-step plan. The first step was to remove Dr. Ladien not only from Sylvia’s room, but from
St. Joseph at which he worked. The second step was to terminate the May 25, 2010 POA, so that Dr.
Ladien would not have any legal right to be part of Sylvia’s care.
270.
With DELIBERATE RECKLESSNESS and malice of forethought, at no time in this
process did anyone at St. Joseph seek a judicial determination as to whether Dr. Ladien was a threat to
Sylvia, whether Dr. Ladien was actually abusing Sylvia, or whether Sylvia was competent to make
medical decisions for herself.
Rather, acting entirely through an internal process and through
consultation with counsel, St. Joseph took deliberate steps to separate Dr. Ladien from his wife, in
violation of St. Joseph’s own policies and applicable regulations and as well as those of IDPH.
271.
On December 20, 2011, St. Joseph utilized the Chicago Police Department to remove
Dr. Ladien from St. Joseph despite no evidence whatsoever of any wrongdoing to warrant such an
action. In fact, far from evidence to remove Dr. Ladien, he and Sylvia had shared yet another
thoroughly uneventful night together once SJH staff finally left them in peace per Sylvia’s repeated
requests.
272. That SJH staff simply left Sylvia and Dr. Ladien alone as Sylvia had asked the staff to do
at least seven times within the first five minutes of Dr. Ladien’s arrival at her room, there would have
been absolutely no incident whatsoever in the first place. Thus, SJAIL first with deliberate recklessness
created the incident on 12/19/11, then used this incident as a pretext to go after Dr. Ladien in every way
50
that they could possibly imagine.
273.
Rather than stopping this extreme step of deliberately misusing the CPD to remove Dr.
Ladien from SJH, Gober, Dr. Ladien’s department chair, along with Buer and Kevin Murphy
(“Murphy”) (a member of St. Joseph Medical Executive Committee) confronted Dr. Ladien on
December 20, 2011. Gober advised Dr. Ladien that he was being “summarily suspended” from his
staff privileges at St. Joseph, and could not return to St. Joseph until the suspension was lifted.
274. As discussed below, a “Summary Suspension” is a procedure under Article Four of St.
Joseph By-Laws designed solely to address a physician’s practice of medicine.
A Summary
Suspension temporarily removes a physician’s right to practice medicine while St. Joseph investigates
suspicion that a physician poses an imminent danger to a patient or staff. At no point whatsoever was
Dr. Ladien a physical danger to anyone, imminent or otherwise. Indeed, at all points, Dr. Ladien was
acting as a loving and devoted husband desperately trying to protect his seriously ill wife from danger.
275. Again, Dr. Ladien had been “allowed” by SJAIL to stay overnight with Sylvia exactly as
he had done without incident for over 17 months. Had SJAIL truly thought that Dr. Ladien was an
“imminent danger” to anyone, most certainly including Sylvia, they were clearly not have “allowed”
Dr. Mayuga to write an order for Dr. Ladien to stay with his wife.
276. Thus, while Dr. Ladien certainly had made WHISTLEBLOWER “threats” to have
administrators fired and to sue them and the Hospital, no one ever alleged that Dr. Ladien was a
physical threat, let alone an “imminent danger,” to anyone. Thus, clearly SJAIL abused the “summary
suspension” clause of the SJH bylaws making both Dr. Ladien’s first and second summary suspensions
(see below) legal NULLITIES.
277.
Dr. Ladien was stunned when told that he was being barred from being with his wife in
seeing his patients. Gober, Buer and Murphy advised him that the Summary Suspension was in place
because of Dr. Ladien’s actions in advocating for Sylvia. Dr. Ladien was not being accused of anything
at all in connection with his practice of medicine was certainly NOT a physical danger to others, which
51
is the only criteria for a Summary Suspension (see below).
278. St. Joseph felt Dr. Ladien was overly involved in the treatment of Sylvia. St. Joseph was
using its participation in the State system of regulating the practice of medicine to keep him from
Sylvia. St. Joseph was taking the matter from an easily resolved personal conflict to a professional
matter of substantial gravity.
In essence, St. Joseph was using a uniquely-available remedy of
professional censure to eliminate the administrative issues Dr. Ladien posed for St. Joseph in his
advocacy for Sylvia.
279. At all points in Sylvia’s treatment, Dr. Ladien was acting as a loving husband, a strong
advocate, and as Sylvia’s power of attorney. At no point was Dr. Ladien acting as a member of St.
Joseph staff concerning Sylvia’s treatment. Thus, retaliating against Dr. Ladien by suspending his
Hospital privileges was nothing but a blatant attempt to force Dr. Ladien into silence concerning the
treatment of his wife and his legal promise to seek the firing of Schultz and to sue both Schultz and the
Hospital for their treatment of Sylvia and Dr. Ladien.
280.
As a former medical director of a Department of psychiatry, Dr. Ladien recognized St.
Joseph’s clear ability to abuse its power in this matter. SJAIL was clearly intent on the “three D’s” to
Defame, Discredit and Destroy professionally Dr. Ladien so that if, as and when these matters went to
court, he would be at a distinct disadvantage in trying to protect themselves, let alone his beloved
Sylvia. Beginning December 20, 2011, Dr. Ladien began to live in fear that he would never see Sylvia
again, that Sylvia’s wishes for treatment would be thwarted and, in Dr. Ladien’s absence, SJAIL would
find a way to “allow” Sylvia to die unnecessarily, wrongly and CRIMINALLY.
281.
During the effective dates of the initial Summary Suspension (December 20, 2011
through December 30, 2011), Dr. Ladien was automatically barred from seeing patients in St. Joseph,
and he was unable to have meaningful visits with Sylvia including even on Christmas eve and
Christmas day during what turned out to be ten of the final days of her life. (St. Joseph would
ultimately find that no one, including Sylvia, was in any danger from Dr. Ladien.)
52
282. Not only did the Summary Suspension and barring of Dr. Ladien from seeing Sylvia serve
to take Dr. Ladien away from St. Joseph, it was also a very real threat to Dr. Ladien professionally and
economically. Dr. Ladien could not maintain Hospital-based patient relationships at SJH while he was
suspended (although he continued to see his patients at other Hospitals and nursing homes during this
entire period without incident). A finding against Dr. Ladien pursuant to the Summary Suspension
process could be reported to State regulatory authorities and a national physician database, thereby
jeopardizing Dr. Ladien’s staff relationships with other facilities and his ability to earn a living as a
physician.
283.
Given Sylvia’s already severe health problems, including severe neuropathy and
myopathy, even if Dr. Ladien was successful in treating and/or curing Sylvia’s leukemia with
monoclonal antibodies, she would still need long-term, 24/7 coverage at home. Thus, Dr. Ladien
legitimately worried that his ability to provide such long-term coverage for Sylvia could be placed in
him extreme jeopardy if he lost his ability to practice as a physician.
284.
Separation from Sylvia, the uncertainty it caused in light of St. Joseph’s lack of interest
in providing her Full Code treatment, and the threat to his livelihood all worked to increase Dr.
Ladien’s distress. That was exactly what St. Joseph wanted, hoping that the emotional pressure on Dr.
Ladien would cause him to rethink his advocacy for Sylvia.
G. St. Joseph Engineers The Removal Of Dr. Ladien As Sylvia’s Attorney In Fact.
285.
St. Joseph wasted no time in attacking the May 25, 2010 POA. On December 20, 2011,
within minutes of Dr. Ladien’s departure, St. Joseph commenced a “review” of Sylvia’s power of
attorney. See, December 20, 2011, December 21, 2011 and December 22, 2011 Hospital medical
records, attached as Group Exhibit C.
286. St. Joseph specifically noted that Sylvia’s decisional capacity frequently “waxes and
wanes”, and that she could not remember having a conversation regarding a change in her attorney in
53
fact. Disregarding the fact that Sylvia did not have full decisional capacity at the time, which was
exhibited in numerous ways through Sylvia’s speech and behavior, SJAIL (LUSHAWK and other
Hospital administrators), with assistance from Gober and DR. COHEN, devised a plan to find a
different attorney in fact for Sylvia.
287.
SJAIL targeted Sylvia’s natural daughter, Fawn Doucette (“Fawn”), Dr. Ladien’s step-
daughter, to be Dr. Ladien’s replacement as Sylvia’s attorney in fact. St. Joseph knowingly and openly
encouraged Sylvia to substitute Fawn as the designee under a new power of attorney, because St.
Joseph saw her as a substantial improvement over Dr. Ladien. This was true in that Fawn would be
more easily manipulated into following St. Joseph’s direction regarding Sylvia’s care, including the
ultimate decision to withhold Full Code treatment.
288. St. Joseph made no effort to determine if Fawn understood Sylvia’s diminished decisional
capacity to make changes in her power of attorney or important changes in her treatment and care. St.
Joseph made no effort to determine whether Fawn understood Sylvia’s written wishes to maintain Full
Code status. The Hospital made no effort to advise Sylvia’s daughter that these literally life or death
decisions should be matters of judicial review. Nor did SJH administration or COHEN informed Dr.
Ladien of these efforts to change Sylvia’s POA or allow him to speak with Sylvia prior to these
changes in spite of the fact that Dr. Ladien was still at the time Sylvia’s POA and these were clearly life
or death matters as later events proved all too well.
289.
In spite of all indications that Sylvia, even in her confused State, wanted Full Code
treatment, St. Joseph promoted Fawn as the new attorney in fact. St. Joseph knew that Fawn would
accept any recommendations St. Joseph might make, including changes to Sylvia’s Full Code status.
St. Joseph knew Fawn would not fight its health care decisions as Dr. Ladien had done. St. Joseph
gave no consideration to the fact that Dr. Ladien was in place as Sylvia’s attorney in fact precisely to
protect Sylvia’s wishes including those related to her Full Code status.
290. At no point did LUSHAWK and St. Joseph administration, or anyone else even attempt to
54
ascertain if Sylvia understood the consequences attendant to changing her POA, namely, that another
person with a very different view of the need to prolong her life would be appointed and that she could
die based on a change in POA. Simply put, at no point was Sylvia ever given INFORMED CONSENT
as to the potential dangers in her changing her POA nor in Sylvia’s state of diminished decisional
capacity could she have given such informed consent even if had been if it had been offered.
291.
On December 27, 2011, Fawn accepted Sylvia’s signed power of attorney appointing
her attorney in fact. A copy of the December 27, 2011 power of attorney is attached as Exhibit D.
Again, no one at St. Joseph made any effort to seek a judicial determination as to whether Dr. Ladien
should not be Sylvia’s attorney in fact, or if Sylvia was competent to make a change in her power of
attorney.
292. Despite the many “red flags” that pointed to a more cautious approach regarding a change
to Sylvia’s long-Stated wishes, Dr. Ladien was with DELIBERATE RECKLESSNESS not even
informed of these attempts to change Sylvia’s POA, let alone “allowed” to be present during the
literally life or death discussions.
293. LusHawk and SJAIL certainly also knew that their DELIBERATE RECKLESSNESS was
directly endangering both Sylvia’s physical and emotional well-being, but proceeded anyway with their
already specifically set agenda of RETALIATION and INTIMIDATION of Dr. Ladien.
294. St. Joseph knew that, given a choice, it was more likely that Sylvia would retain Dr.
Ladien as her attorney in fact, frustrating St. Joseph’s agenda. St. Joseph did not even consider the
option of seeking a judicial determination as to what Sylvia’s wishes were, and what would be in her
best interest.
295.
LUSHAWK and SJAIL knew that the change in attorney in fact would cause Dr. Ladien
extreme emotional distress, and engineered this course of action knowing that such distress would be
the consequence. LUSHAWK and Hospital administration were, in fact, specifically counting on Dr.
Ladien’s emotional distress as amounting to leverage to force him to stop advocating for Sylvia.
55
H.
Dr. Ladien Returns Under The Cloud Of Further Administrative Action, But
Nevertheless Continues To Advocate For Sylvia.
296.
The Summary Suspension and barring of Dr. Ladien from St. Joseph served their
purpose, having given St. Joseph the time it needed to remove Dr. Ladien as Sylvia’s attorney in fact.
On December 30, 2011, LUSHAWK advised Dr. Ladien in writing that the suspension would be
dropped.
St. Joseph made no finding that Dr. Ladien was a danger to anybody, and in fact
acknowledged his positive role in helping Sylvia.
297.
LUSHAWK informed Dr. Ladien that Fawn held Sylvia’s power of attorney.
LUSHAWK attempted to make Dr. Ladien’s acceptance of Fawn’s role as Sylvia’s POA a condition of
the re-instatement of his privileges, even though that had nothing to do with Dr. Ladien’s practice of
medicine. Specifically, Chris Eades, one of the three lawyers of SJAIL involved in these matters from
the beginning (along with Nora Byrne and Matt Mann) specifically wrote such a clause into Dr.
Ladien’s letter of reinstatement. Dr. Ladien specifically did NOT accept those conditions.
298.
As a means of continuing its intimidation and harassment of Dr. Ladien, St. Joseph did
not completely drop procedures against Dr. Ladien, advising him that St. Joseph was going to continue
to investigate Dr. Ladien through an ongoing “corrective action” proceeding. Effectively, Dr. Ladien
remained under a threat to his livelihood should St. Joseph make an adverse finding. St. Joseph did this
to continue to exert leverage over Dr. Ladien, and to ensure that he did not attempt to undo St. Joseph’s
actions in limiting his involvement in Sylvia’s care.
I.
HIDALGO Takes Over The Medical Executive Committee And Works
With LUSHAWK To Undermine Dr. Ladien.
299.
As of January 1, 2012 the presidency of the MEC changed from Grendon to HIDALGO.
Grendon knew Sylvia well, having been Sylvia’s attending physician during Sylvia’s stay in a nursing
56
home earlier in 2011. HIDALGO, by contrast, did not know Sylvia at all and had no knowledge of the
intricacies of her illness or treatment plans.
300.
Grendon had been instrumental in his role as then President of the Medical Executive
Committee in reversing the December 20, 2011 Summary Suspension, and “allowing” Dr. Ladien to
again see Sylvia and, ultimately, to stay overnight. HIDALGO, by contrast, from the very beginning of
her tenure as Medical Executive Committee President, worked closely with LUSHAWK to separate Dr.
Ladien from St. Joseph and from Sylvia. HIDALGO, in contrast to Grendon, would not even meet
with Dr. Ladien in spite of numerous requests on his part despite this being a specific part of her role
and the fact that she found time to have multiple discussions with LusHawk and Hospital lawyers
concerning this case.
J.
Sylvia, In Spite Of Lack Of Decisional Capacity, Changes Her Power Of Attorney
Two More Times.
301.
As he feared, Dr. Ladien later learned after his return to St. Joseph that, while Sylvia
-
remained Full Code at that time, Fawn intended to violate Sylvia’s wishes by signing a “do not
resuscitate” (“DNR”) order, should St. Joseph recommend one. Sylvia’s condition was sufficiently
serious that such an order could be recommended at any time, and Dr. Ladien knew that he would be
powerless to prevent it. This caused him extreme emotional distress and fear for Sylvia’s wellbeing.
302.
On January 4, 2012, Dr. Ladien spoke with Sylvia while she was lucid and Sylvia
confirmed her longstanding wish for Full Code status. Sylvia expressed again her consistently stated
desire not to die but to live and get better which was precisely the goal of Dr. Ladien’s every effort over
the past 18 months. Sylvia also signed a power of attorney restoring Dr. Ladien as the health care
attorney in fact. A copy of the January 4, 2012 power of attorney is attached as Exhibit E. The power
of attorney was witnessed by Dr. Richard Risner and Frank Ehrmann.
303.
Once again, however, after again severely limiting Dr. Ladien’s access to Sylvia, St.
57
Joseph took it upon itself to have Sylvia change the power of attorney reappointing Fawn as the
attorney in fact on or about January 6, 2012. A copy of the January 6, 2012 power of attorney is
attached as Exhibit F. St. Joseph focused on the formalities of the power of attorney document, but did
not even attempt to determine whether Sylvia wanted to change her Full Code status, much less
whether St. Joseph’s choice for Sylvia’s attorney in fact – Fawn – would appropriately serve Sylvia’s
wishes in that capacity.
304. Most certainly, NO members of SJAIL ever asked Sylvia if she understood that changing
her POA was tantamount signing her own death warrant. Also, although Dr. Ladien was against
Sylvia’s POA (which, he argues, it always was throughout this entire period), SJAIL made no effort to
inform Dr. Ladien again of their intention to change Sylvia’s POA, let alone “allowing” him the
opportunity to be present to ensure that Sylvia had genuine INFORMED CONSENT related to these
matters.
305. Also, at no time did SJAIL inform Sylvia’s daughter that changing her POA could literally
be a life or death decision which, precisely because of Sylvia’s clearly diminished decisional capacity,
should be reviewed by a Judge in court if they were to attempt such a change of POA at all.
306.
Throughout this time frame, no one at St. Joseph took note of the fact that Sylvia, after
having had her health care wishes in place in writing for the least the last 20 months preceding these
events, had made three changes to her power of attorney in less than two weeks! St. Joseph made no
effort to seek judicial intervention to determine whether Sylvia was competent to make these changes,
or even knew what she was doing. St. Joseph made no effort to seek a judicial intervention to
determine whether Sylvia’s last wishes expressed while she was unquestionably competent with full
decisional capacity, that she be Full Code and that Dr. Ladien be her attorney in fact, should be
respected.
307.
Dr. Ladien suffered extreme emotional distress when he learned that the January 4, 2012
power of attorney had been abrogated. As LUSHAWK and HIDALGO knew would be the case, he had
58
gone from a position of renewed hope that he would be able to protect Sylvia, to knowing that once
again he could not affect what St. Joseph did.
308.
Compounding Dr. Ladien’s emotional distress, throughout the month of January 2012,
DR. COHEN entered a number of orders barring Dr. Ladien from Sylvia’s room. At certain points, Dr.
Ladien was granted limited rights to visit Sylvia’s room, mostly one half hour daily. St. Joseph chose
to ignore the impact that reducing the comfort Sylvia received from Dr. Ladien’s Presence from
virtually around the clock access to barely thirty minutes per day would have on Sylvia’s emotional,
physical, and mental health.
309.
While Sylvia was literally crying each day for her husband, Dr. Ladien, to be with her, at
only were Sylvia’s wishes truly ignored, for the most part they were deliberately omitted from the
Hospital records. This again was part of a plan for the Deliberate Falsification of Records By Omission
(DFORBO) and shared by SJAIL. For Dr. Ladien, being once again cut off from Sylvia’s treatment
while Sylvia’s power of attorney was in Fawn’s hands was a nightmare come true. Every day, Dr.
Ladien woke up in fear that he would be unable to be with Sylvia when she needed him, and that St.
Joseph would fail to honor her wishes to be Full Code.
310.
Dr. Ladien was never able to get DR. COHEN’s orders lifted, in spite of his efforts. Dr.
Ladien made one such effort on January 9, 2012, when he met with LUSHAWK and others in an effort
to restore his access to Sylvia and to ensure that Sylvia would receive Full Code treatment.
LUSHAWK refused to make any changes to St. Joseph’s policies toward Dr. Ladien. In this meeting,
with witnesses present, LusHawk acknowledged that she did NOT believe that Dr. Ladien was ever a
threat to Sylvia.
311. LUSHAWK then went on to tell Dr. Ladien “You’re not going to like this” just before she
handed him a copy of the change of Sylvia’s POA back to Sylvia’s daughter. It was at this point that Dr.
Ladien stood up and told LusHawk “If you truly don’t understand what is 100% ETHICALLY,
PROFESSIONALLY and LEGALLY WRONG with what you are doing, this is precisely why I will
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need to take these matters to court and the other appropriate authorities.” Dr. Ladien then left the
meeting again insisting that he remained Sylvia’s one and only true power of attorney.
312.
On January 13, 2012, after multiple efforts to resolve the issue amicably, and after his
efforts to seek meetings with LUSHAWK’s supervisors (Sandra Bruce and Sister Mary Imler) failed,
Dr. Ladien demanded that HIDALGO summarily suspend LUSHAWK based on the imminent danger
LUSHAWK posed to Sylvia. Within five days HIDALGO formally rejected this request without
seriously investigating its merits. Two weeks later, Sylvia was DEAD!
313.
In spite of the limitations placed on him, and in spite of Fawn holding the power of
attorney, throughout the month of January 2012, Dr. Ladien forcefully advocated for Sylvia. He
demanded compliance with St. Joseph's own procedural safeguards. He urged that St. Joseph keep
Sylvia on Full Code status, consistent with her wishes to prolong her life. He did this largely through a
letter writing campaign, even during those periods when he was not permitted to enter St. Joseph
grounds.
314.
St. Joseph not only failed to employ their own and IDPH/JCAHO procedural safeguards,
as stated below St. Joseph increased its administrative action against Dr. Ladien. When, after Sylvia's
death, the issue of Full Code was no longer relevant, St. Joseph maintained administrative action as
retaliation against Dr. Ladien for invoking administrative protections to which he was entitled. This
retaliation for "whistle blowing" continues to this day, and will continue if St. Joseph and the MEC are
not enjoined.
K.
Defendants Wrongfully Cause Sylvia’s Death: Sylvia’s Final Days And Death By Morphine Drip.
315.
Sylvia won brief reprieves from the threat of DNR status through Dr. Ladien’s advocacy
-
during January 2012.
Dr. Ladien persuaded St. Joseph to implement long-delayed monoclonal
antibody (MAb) therapy (Rituximab). The therapy produced results, demonstrating SJH’s ability to
maintain Sylvia’s life. Within several days of finally beginning MAb treatment, Sylvia’s blast cell
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count was zero and her vital signs stabilized. These results were consistent with Sylvia’s history of
rallying from more dire physical conditions to periods of sustained improvement in her normal WBC
and RBC.
316. Dr. Ladien argued to COHEN, LUSHAWK, and HIDALGO that Sylvia’s response to the
monoclonal antibody therapy was a reason why Sylvia should be maintained on Full Code. Sylvia’s
oncologist, Dr. Alan Gillman, concurred with Dr. Ladien that it made absolutely no sense to make
Sylvia DNR while she was undergoing monoclonal antibody treatment, especially when this MAb
treatment was showing signs of success. DR. COHEN, LUSHAWK, and HIDALGO refused to give
Dr. Ladien any reassurance that they would not tell Fawn to place Sylvia on DNR status, knowing that
these Statements would cause Dr. Ladien great emotional distress.
317.
St. Joseph continued to put restrictions on Dr. Ladien’s visitation of Sylvia. St. Joseph
did not let up its campaign of attacking Dr. Ladien professionally solely based on his actions as
Sylvia’s husband. On January 24, 2012, Gober wrote a critical “peer review” letter regarding minor
complaints in connection with Dr. Ladien’s treatment of certain patients.
The peer review was
pointless and the timing completely opportunistic, designed to put pressure on Dr. Ladien to cease his
resistance to St. Joseph’s treatment and care of Sylvia. Gober’s actions were calculated to cause, and
did cause, severe emotional distress to Dr. Ladien.
318.
In this regard, Dr. Ladien was devastated when in late January 2012 DR. COHEN and
other members of Sylvia’s treatment team made the decision to recommend to Fawn that Sylvia be
placed on DNR status. As a result, and as a direct result of St. Joseph’s interference with the May 25,
2010 POA and Sylvia’s long-established written wishes for Full Code treatment, on January 28, 2012,
Sylvia was placed on DNR status via a physician’s order executed by DR. COHEN. A copy of the
January 28, 2012 DNR order is attached as Exhibit G. Fawn did not comply with her mother’s
frequently-expressed desire for Full Code treatment, a desire Sylvia consistently expressed when she
had full decisional capacity.
Fawn did not understand the medical issues and considerations
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underpinning Sylvia’s treatment.
319.
LUSHAWK directed that St. Joseph withhold this information from Dr. Ladien for
several days in the hopes that Dr. Ladien would not interfere with the DNR order until it was too late.
Once Dr. Ladien learned of the change to DNR status, Dr. Ladien was devastated emotionally, as
LUSHAWK, HIDALGO, and DR. COHEN knew he would be. Dr. Ladien tried everything he could to
persuade Fawn and St. Joseph to restore Sylvia to Full Code status, as Sylvia had wished.
320. On Sunday evening, Dr. Ladien by chance that DR.COHEN in the men’s room in the
physician’s lounge at SJH. In a desperate attempt to save Sylvia’s life, Dr. Ladien explicitly warned Dr.
COHEN that “If Sylvia dies and she is not FULL CODE, in addition to this being GROSS
MALPRACTICE, this will be MANSLAUGHTER.” Dr. Ladien had confirmed the day before with two
lawyers familiar with criminal law that deliberate RECKLESSNESS leading to WRONGFUL DEATH
was, in fact, the legal definition of MANSLAUGHTER.
321.
For Dr. Ladien’s desperate WHISTLEBLOWING efforts to save Sylvia’s life, on
January 30, 2012, and LusHawk’s insistence, St. Joseph initiated a second Summary Suspension,
signed by HIDALGO. Again, this process was based almost entirely on Dr. Ladien’s spousal advocacy
for Sylvia, and NOT any imminent danger posed by his practice of medicine. This time, in order to
cover up a second abuse of the administrative process, St. Joseph dredged up and claimed to rely on
long-settled matters dating back to 2008 and earlier.
322.
On January 31, 2012, DR. COHEN called Fawn who briefly changed Sylvia back to
Full Code status. Dr. Ladien demanded an in-person meeting requiring DR. COHEN to restore Sylvia
to Full Code status. DR. COHEN refused to do so. Dr. Ladien told DR. DR. COHEN that he would
charge him with Manslaughter if Sylvia died and DR. COHEN had not restored Sylvia to Full Code.
323. Dr. Ladien knew that changing Sylvia to DNR was a death sentence, pure and simple, It
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meant that Sylvia would be allowed to needlessly die, and very soon. Dr. Ladien knew that this was
against Sylvia's wishes. Sylvia never consulted her daughter for medical matters in her life, and relied
solely on Dr. Ladien for that advice. Fawn had completed only one semester of Junior college, and
would surely follow whatever St. Joseph told her to do without question. Dr. Ladien fully intended to
seek prosecution of LusHawk, Hildalgo, DR. COHEN and all other physicians and staff involved
should they deliberately and recklessly act in ways that would lead to Sylvia's death.
324.
This was exactly the opportunity St. Joseph was looking for. DR. COHEN complained
to St. Joseph, accusing Dr. Ladien of threatening him. DR. COHEN did this to divert attention from St.
Joseph’s actions, and to get Dr. Ladien out of the way as St. Joseph had done in December. He did this
in direct response to Dr. Ladien's insistence on reporting commission of a crime. He did this to back up
his decision to keep Dr. Ladien from restoring Sylvia to Full Code.
325.
Fawn signed a complete and final DNR order on February 2, 2012. A copy of the
February 2, 2012 DNR order is attached as Exhibit H. St. Joseph allowed Dr. Ladien to see Sylvia
briefly on February 3, 2012. Sylvia died on February 4, 2012. Had it not been for the actions of St.
Joseph and its agents in interfering with Dr. Ladien’s role as Sylvia’s attorney in fact, Sylvia would
have lived longer and Dr. Ladien would have had more time with Sylvia. Sylvia would definitely have
lived longer, and potentially be alive today, given the success of her monoclonal anti-body treatment, if
she had been kept Full Code status.
326.
ST. JOSEPH HOSPITAL withdrew treatment from Sylvia. The goal of the monoclonal
therapy was to allow time for the system to recover, after the treatment reduced the blast cell count to
zero.
ST. JOSEPH HOSPITAL did not give Sylvia that time. The DNR gave it the power to stop
attempting to save Sylvia's life. She was given no chance to recover from her leukemia.
327.
Sylvia did not die of leukemia. She died as the result of slowed breathing during
periods of unconsciousness when she was unable to even swallow, caused by a morphine drip, slowly
drowning on her own secretions. This condition was caused by the absence of standard of care medical
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treatment (Full Code), in contravention of Sylvia’s long-established written wishes. A copy of her
Death Certificate is attached as Exhibit I.
328.
Dr. Ladien repeatedly informed St. Joseph and Sylvia’s physicians that the morphine
drip would kill her and begged that it be discontinued in favor of treatments that had previously shown
results. St. Joseph ignored him, realizing the goal of its campaign to remove Dr. Ladien from the
decision-making process in connection with Sylvia’s care. In effect, Sylvia’s death was the end of a
self-fulfilling prophecy that began when St. Joseph and its agents sought to eliminate Dr. Ladien’s
involvement in his wife’s medical decisions, involvement that she demonstrably chose on many
occasions over many years.
329.
On February 4, 2012, Dr. Ladien demanded repeatedly that SJAIL ice Sylvia’s body in
preparation for cryogenic preservation. Dr. Ladien advised St. Joseph that cryogenic preservation was
Sylvia’s wish.
So long as St. Joseph preserved Sylvia’s body, Dr. Ladien had the means and
knowledge to effect cryogenic preservation. That process required that St. Joseph take immediate
action, and St. Joseph was at all times aware of the consequences of delaying such temporary
preservation.
330. St. Joseph’s decision to not take action had irreversible consequences. Sylvia’s body
deteriorated past the point of cryogenic preservation. The serious emotional distress this callous
decision caused Dr. Ladien was only compounded by St. Joseph attorney’s pronouncement that the
request had not been honored because Dr. Ladien did not hold Sylvia’s power of attorney. St. Joseph
knew that it was St. Joseph’s own actions that caused Dr. Ladien not to be Sylvia’s attorney in fact, and
St. Joseph’s attorney was fully aware of this when he so informed Dr. Ladien.
331.
While Michael Jackson’s Dr., Conrad Murray, got four years in jail for Manslaughter, he
at least at the mitigating factors of immediately tried to resuscitate Jackson, cooperating fully in the
investigation and sincerely APOLOGIZING for his actions. To date not only have SJAIL and the MEC
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got exactly the OPPOSITE, they continue to “blame the messenger for the message” by their ongoing
criminal wrongful harassment of Dr. Ladien as a WHISTLEBLOWER whose only “crime” was trying
to act as a beloved husband desperately trying to save Sylvia’s life.
L. CPD refuses to investigate or file charges against SJAIL or preserve and examine Sylvia
332. Despite repeated requests by Dr. Ladien, the CPD refused to investigate the WRONGFUL
DEATH of Sylvia, let alone charge SJAIL or even preserve Sylvia’s body for examination as requested.
If the CPD continues to refuse an investigation, this, too, will be a matter for further action including,
potentially, the appointment of a Special Prosecutor as in the case of Mayor Daley’s Nephew (below).
M.
Dr. Ladien Suffers Emotional Distress and Financial Damages.
333.
Dr. Ladien suffered continuing severe emotional distress over and above the grief from
losing his wife, longtime partner, and friend. Dr. Ladien also suffered knowing that Sylvia was in great
danger, and that Dr. Ladien was unable to protect her from an imminent threat to her life. ST. JOSEPH
HOSPITAL continuously and repeatedly deliberately inflicted this damage in the hope that Dr. Ladien’s
emotional distress would be sufficient as to cause him to cease advocating for Sylvia.
334.
For the same reason, ST. JOSEPH HOSPITAL instituted and prosecuted the two
Summary Suspension proceedings. Dr. Ladien also suffered severe emotional distress resulting from
the lost opportunity to ensure that Sylvia could be cryogenically preserved following her death. ST.
JOSEPH HOSPITAL caused this distress knowing that distress would occur, and giving reasons for ST.
JOSEPH HOSPITAL’s actions that served only to increase Dr. Ladien’s distress.
335. Dr. Ladien also suffered expense resulting from the two Summary Suspension
proceedings instituted by SJAIL as part of its effort to keep Dr. Ladien from advocating for Sylvia.
Because of the Hospital’s conduct, Dr. Ladien has been left with no choice but to fight the Hospital’s
unjust and abusive use of administrative procedure against him, at great personal expense.
N. Conspiracy (SJAIL) and Retaliation for Whistleblowing
336.
On December 19, 2011, ST. JOSEPH HOSPITAL took the first step in its plan to
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remove Dr. Ladien as Sylvia's attorney in fact. ST. JOSEPH HOSPITAL launched a conspiracy, the
goals of which began with violating Sylvia's Advance Directive. ST. JOSEPH HOSPITAL knew that
Dr. Ladien would strongly oppose ST. JOSEPH HOSPITAL's plan. ST. JOSEPH HOSPITAL reacted
by getting Dr. Ladien out of the way, and putting Fawn in as its pawn. Thus, again, St. Joseph
Administration and Its Lawyers (SJAIL) continue their deliberate campaign to Defame, Discredit and
Destroy professionally Dr. Ladien in specific anticipation of this case ultimately going to court. Clearly
SJAIL and the MEC had a vested interest in acting against Dr. Ladien to cover-up their own
wrongdoing.
337.
When Dr. Ladien advised ST. JOSEPH HOSPITAL and MEC that they were violating
their own rules and IDPH regulations, the response was to retaliate. SJAIL deliberately sought to coverup their criminal wrongdoing and OBSTRUCT JUSTICE in their failure to report the WRONGFUL
DEATH of Sylvia IDPH, JCAHO the Chicago Police Department or any other of the appropriate state
and federal agencies. The next steps of the conspiracy were to ensure that Dr. Ladien could not fight
back. Although Dr. Ladien repeatedly contested his January 30, 2012 Summary Suspension, in
response to his resistance of the second Summary Suspension, St. Joseph issued a February 28, 2012
Notice of Adverse Recommendation, signed by HIDALGO. Dr. Ladien demanded a hearing on the
Notice of Adverse Recommendation.
338.
The January 30, 2012 Summary Suspension and February 29, 2012 Notice of Adverse
Recommendation were not launched in response to any real problem with Dr. Ladien. They were
launched to silence him. Even after ST. JOSEPH HOSPITAL had changed Sylvia’s POA is first time,
it had the following goals:
(a)
Denying Dr. Ladien access to Sylvia;
(b)
Maintaining the change of power of attorney, with the intent that the
new attorney in fact, Fawn, would cooperate with the Hospital in
Sylvia’s treatment and care; and
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(c)
Knowingly using these procedures to inflict emotional distress to
create leverage in all of the Hospital’s dealings with Dr. Ladien;
(d)
Deliberately trying to Defame, Discredit and Destroy professionally Dr. Ladien
if, as and when these matters went to court.
(e)
Cover-up and obstruct justice as to the true facts of Sylvia’s WRONGFUL
DEATH.
--
-
Section III. Summary of Violations of SJH Bylaws as Well as State and Federal Laws Including
Whistleblower Protection Laws
O. Brief summary of state and federal laws covering supervision of Hospitals and violation of bylaws.
339.
The Hospital licensing act, section 10.2, notes that
Hospital Licensing Act, Section 10.2
“Because the candid and conscientious evaluation of clinical practices is essential to the provision of adequate Hospital
care, in the policy of the state to encourage peer review by health care providers. Therefore, no Hospital no individual who
is a member, agent, or employee of the Hospital, Hospital medical staff, Hospital administrative staff, or Hospital governing
board shall be liable for civil damages as a result of the acts, omissions, decisions, or any other contact, except those
involving willful or wanton misconduct….”
340. Similarly, it is noted that:
‘Illinois courts will not review staffing decisions made by a private Hospital unless the plaintiff alleges that the decision was
in violation of Hospital bylaws’.-- Adkins v Sarah Bush Lincoln health Center, 129 Ill,2d 497, 506-507 (1989)-- see below.
341. THE LONE EXCEPTION TO THE DOCTRINE OF NON-REVIEW exists where the plaintiff files a
complaint alleging that the Hospital violated its own bylaws in reaching its decision to revoke or suspend the physicians
clinical privileges. -- Tabora, 279Ill.App.3d at 506-07 (p. 7)
342. With the above citations in mind, it is important to note that Dr. Ladien alleges both
specific and repeated violations of SJH bylaws as well as “Willful AND wanton misconduct” on the
part of SJAIL and the MEC. The specific violations are discussed below.
P. Summary of Violations of SJH Bylaws
343. Article IV—Corrective Action (p. 28)
4.4.2 The president of the medical staff shall investigate the basis for the request for corrective action. Part of such
investigation shall include an opportunity for the affected medical staff member to interview with the president of the
medical staff.
344. -- While Dr. Ladien did briefly speak to LusHawk on 1/30/12, he explicitly denied physically threatening Dr.
Cohen in any way. Nor did Cohen ever state that Dr. Ladien had ever threatened him physically. To the contrary, Dr. Ladien
reported to LusHawk that he had told Cohen that “If Sylvia dies and she is not FULL CODE then, in addition to GROSS
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MALPRACTICE, this will be MANSLAUGHTER.” Not only was Dr. Ladien’s statement to both Cohen and LusHawk
accurate, it was certainly not a physical threat to anyone. Nor, at any time, did LusHawk claim any evidence of “imminent
danger” by Dr. Ladien which is the only criterion for “summary suspension” (4.6-1 paragraph 2).
345. 4.6-1 Summary Suspension--DELIBERATE VIOLATION OF SJH BYLAWS.
“In grave cases and unusual cases, if the acts or omissions of any position or limited license practitioner, including physical,
mental or behavioral impairment, present an IMMINENT DANGER to the health or safety of any patient, medical staff
member, or other person in the Hospital, summary suspension or restriction of all or part of an physician or limited license
practitioners privileges may be imposed effective immediately by concurrence of any three (3) of the following persons
acting as a peer review committee: clinical department chairman, classical section chief, president of the medical staff and
CEO or their designees.
346.
When LusHawk told Dr. Ladien that he was being “summarily suspended,” Dr. Ladien replied “Good. Now
I will FINALLY get a chance to talk to the MEC directly. Be careful what you wish for, Roberta.”
347. LusHawk’s response to Dr. Ladien was “You told me to be careful what I wish for. That is a threat.”
348.
Again, while Dr. Ladien in almost 2 years now has NEVER gotten the opportunity to speak directly to the
MEC concerning ANY of these matters, if LusHawk can subjectively interpret Dr. Ladien’s statements to be a physical
threat, then ANY statements could be used for “summary suspension.”
349.
While Illinois courts give broad latitude to private Hospitals concerning “staffing issues,” the line is
drawn on such “latitude” in cases where, as Dr. Ladien states is the case here, “the decision was in violation of Hospital
Bylaws.” Adkins v Sarah Bush Lincoln health Center, 129 Ill,2d 497, 506-507 (1989).
350.
SJH bylaws clearly state that “summary suspension may NOT be implemented unless there is actual
documentation or other reliable information that an IMMEDIATE DANGER exists” (4.6-1, paragraph 2).
351.
As there was never even the allegation of “imminent danger,” let alone the reality of such a threat, SJH
bylaws were DELIBERATELY and MALICIOUSLY abused by SJAIL precisely to further their ILLEGAL and
CRIMINAL actions.
352.
As there was NEVER any “imminent danger” posed by Dr. Ladien, the decision (to impose “summary
suspension”) was clearly “in violation of Hospital bylaws” and is, as such, a LEGAL NULLITY.
353. WILLFUL AND WANTON MISCONDUCT on the part of LusHawk, Raynelda, Gober, SJAIL et al.
Also, already at the time that LusHawk arbitrarily and capriciously abused the summary suspension clause of the bylaws,
LusHawk (CEO), Raynelda (President, MEC) and Gober (Chair, Dept of Psychiatry) all had inherent, fundamental and
severe CONFLICTS OF INTEREST in deciding on Dr. Ladien’s case in any way, let alone approving a “summary
suspension.”
354.
As noted in the Hospital Licensing Act, Section 10.2,
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“Because the candidate and conscientious evaluation of clinical practices is essential to the provision of adequate Hospital
care, in the policy of the state to encourage peer review by health care providers. Therefore, no Hospital no individual who
is a member, agent, or employee of the Hospital, Hospital medical staff, Hospital administrative staff, or Hospital governing
board shall be liable for civil damages as a result of the acts, omissions, decisions, or any other contact, except those
involving willful or wanton misconduct….”
355.
By the time that LusHawk, Raynelda and Gober DELIBERATELY ABUSED SJH bylaws by summarily
suspending Dr. Ladien, they had already:
-- with DELIBERATE RECKLESSNESS arbitrarily and capriciously changed Sylvia’s POA twice despite Sylvia’s clearly
diminished decisional capacity WITHOUT JUDICIAL REVIEW.
-- With DELIBERATE RECKLESSNESS arbitrarily and capriciously change Sylvia’s multiple Advance Directives to be
FULL CODE to DNR status again WITHOUT JUDICIAL REVIEW.
-- With DELIBERATE RECKLESSNESS arbitrarily and capriciously “summarily suspended” Dr. Ladien for the first time
during the period 12/20/11-12/31/11 when he was, again, NEVER an “imminent danger” to ANYONE.
-- With DELIBERATE RECKLESSNESS arbitrarily and capriciously conspired to abuse SJH bylaws to call two
“emergency meetings” with Gober as a means to HARASS and INTIMIDATE a WHISTLEBLOWER (Dr. Ladien)
desperately trying to save Sylvia’s life.
--With DELIBERATE RECKLESSNESS arbitrarily and capriciously rejected Dr. Ladien’s formal complaint against
LusHawk as an IMMINENT DANGER to Sylvia within a period of five days without any serious investigation of the facts
of the case. (Within TWO WEEKS of Raynelda’s dismissal of Dr. Ladien’s formal complaint against LusHawk, SYLVIA
WAS DEAD based directly on the actions and in actions of LusHawk, SJAIL and the MEC.
357. -- Thus, while Dr. Ladien was NEVER a physical threat to ANYONE (“imminent” or otherwise), LusHawk
most certainly WAS a DIRECT and IMMINENT DANGER to Sylvia who literally watched along with the MEC over a
period of SEVEN DAYS while Sylvia slowly drowned to death on her own secretions directly as a result of LusHawk,
SJAIL and the MEC NOT honoring her multiple Advance Directives to be FULL CODE and NOT even providing the most
basic standard of care by protecting Sylvia’s Airway and Breathing (A and B of the ABCs of basic care).
358. --Again, DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal definition of
MANSLAUGHTER.
359. --But since SJAIL, including LusHawk, Raynelda and Gober had the legitimate concern that if Sylvia “woke
up” and testified against them in court, they could lose their jobs, licenses and liberty (jail time),they all had the MEANS,
MOTIVE and OPPORTUNITY to make their actions more consistent with Murder One.
360. -- This WILLFUL AND WANTON MISCONDUCT on the part of LusHawk, Raynelda, Gober, SJAIL and
the MEC up to and including MANSLAUGHTER and/or MURDER ONE--DELIBERATELY and RECKLESSLY
ABUSING SJH bylaws as a means to DELIBERATELY HIDE THEIR ONGOING CRIMINAL ACTIVITIES again makes
the second “summary suspension” of Dr. Ladien a LEGAL NULLITY that should be immediately dismissed by the court.
361. The consistent application of a set of DOUBLE STANDARDS by SJAIL and the MEC towards LusHawk
versus Dr. Ladien as he outlined in CME III and IV (Table 5) over time directly led to both Sylvia’s WRONGFUL DEATH
and Dr. Ladien’s WRONGFUL HARASSMENT as a WHISTLEBLOWER and his summary suspension. Thus, while these
69
are certainly civil issues that need to be heard by a Judge and jury, they are also CRIMINAL issues that need to be reviewed
by the appropriate authorities.
362.
Again, to the extent that SJAIL first manipulated the MEC, then the board, then the Sister/Owners and now
of SMB and the court to enable their criminal behavior, all of these individuals, by definition, become under RICO laws coconspirators after the fact to obstruction of justice, WRONGFUL DEATH (Manslaughter and Murder One) and
WRONGFUL HARASSMENT of a WHISTLEBLOWER and other civil and criminal offenses as outlined in Dr. Ladien’s
CME III, Tables 1-3.
363.
While, as Dr. Ladien has previously noted, not only is the threat of losing his privileges at SJH like holding
a gun to his head, the moment that the board votes to do this, they and all of the individuals noted above, by definition,
become co-conspirators after the fact to both civil and CRIMINAL matters as noted. Simply put, the court need not and
should not wait for SJAIL and SMB to pull the trigger to take appropriate action to STOP this vote and place these matters
in Mediation BEFORE Litigation before even more legal harm is done to all involved. Simply put, FIRST DO NO HARM.
364. ARTICLE V—FAIR HEARING PLAN
5.1 purpose
5.1-1 preamble
“… The purpose of this fair hearing plan (“plan”) is to provide a mechanism to achieve fair hearing and appeal might be
provided to our practitioners as defined in these bylaws.”
365. --Unfortunately, these hearings have been anything but “fair.”
366. -- The bylaws go on to say
“This plan is intended to comply with a health care quality improvement act of 1986, the Illinois medical studies act in the
Illinois Hospital licensing act. As such, any action taken pursuant to this plan shall be in reasonable belief that such was in
the furtherance of quality health care only after reasonable effort has been made to obtain the facts of the matter, after
adequate notice and hearing procedures are afforded to any professional health care provider involved and only in the
reasonable belief that the action was warranted by the facts known after reasonable efforts has been made to obtain the
facts.”
367.- Again, SJAIL and the MEC violated their own bylaws well BEFORE even initiating the second summary
suspension of Dr. Ladien.
368. -- While Section 5.2-2g states that “any higher authority required or permitted under this plan to act on the
matter following a waiver is not bound by the adverse recommendation or actions which the practitioner has accepted (by
virtue of the waiver but may take action, whether more or less severe, it deems warranted by the circumstances,” in reality,
Sister Mary Imler, knew basically nothing about the situation for nearly a year and her supervisor, Sister Judith Plumb new
ABSOLUTELY NOTHING about the situation for over 1 ½ years until Dr. Ladien informed her of the basic details of the
case himself.
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369. -- “Higher authorities,” including the chair of Presence (Sister Mary Imler) and her own supervisor (Sister
Judith Plumb) were deliberately and recklessly kept ignorant of the facts of this case by SJAIL.
370. --Again, as is classic in all cases of abuse, SJAIL was not hiding the truth to protect the Sisters. SJAIL was
hiding the truth to protect THEMSELVES.
371. Section 5.3-3c notes that there can be “challenges for bias, prejudice or direct economic competition” in the
appointment of a hearing committee, but it does not specifically say that SJAIL and the MEC as groups can be challenged
despite, again, there are inherent CONFLICTS OF INTEREST in hearing this case at all as discussed above.
372. Section 5.4-1 states that “the personal Presence of the practitioner is required” at the hearing but, again, Dr.
Ladien was, in fact, BARRED not only from attending and presenting a defense at the appellate hearing, Dr. Ladien was
BARRED from even entering the Hospital on the day of the hearing! So much for due process.
373. Section 5.4-4 states that during the “fair” hearing “each party has the right to:
374. 1. Call, examine and cross examine witnesses;
-- As all of Dr. Ladien’s witnesses were, in fact, SJH employees, SJAIL BARRED any of these individuals from appearing
as witnesses for Dr. Ladien.
375.
2. Introduce exhibits;
-- Literally from the very second that Dr. Ladien attempted to begin his opening remarks, he was BARRED from
introducing a series of tables that summarized much of the evidence that he was about to present (including CME III, Tables
1-10).
376. 3. Present evidence, determined appropriate by the hearing committee chairman or hearing officer,
regardless of admissibility in a court of law;
-- Again, Dr. Ladien was repeatedly blocked by SJAIL and the hearing officer from presenting evidence in his defense
especially as it related to the WRONGFUL DEATH of Sylvia and his repeated and specific efforts to PREVENT Sylvia’s
death, including Dr. Ladien’s warnings that the DELIBERATE RECKLESSNESS in not honoring Sylvia’s Advance
Directives to be FULL CODE would constitute MANSLAUGHTER.
377.
4. Challenge the credibility or competency of any witness;
-- Dr. Ladien was routinely and repeatedly cut off during his efforts to challenge the credibility of the witnesses presented
by SJAIL even while he was being BARRED from presenting witnesses of his own rebut any evidence.
378. -- Again, Dr. Ladien was routinely and repeatedly cut off, often literally in mid-sentence, in his efforts to
cross-examine the witnesses presented by SJAIL and you seek the TRUTH as to the events, including those leading to the
WRONGFUL DEATH of Sylvia.
379. --In short, throughout the entire (anything but) “fair” hearing Dr. Ladien was routinely and repeatedly
DENIED even the most rudimentary DUE PROCESS throughout the entire hearing.
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380. Section 5.4-5 states “the hearing may not be conducted strictly according to the rules of law relating to the
examination of witnesses or presentation of evidence. Any relevant material upon which responsible persons customarily
rely in the conduct of serious affairs may be considered, regardless of the admissibility of such evidence in court of law.”
381. -- Again, far from “allowing” Dr. Ladien to present his case, SJAIL and the hearing officer did everything
possible to PREVENT Dr. Ladien from presenting a defense of his actions, let alone “allowing” for even the appearance of
“fairness” let alone due process.
382. Burden of proof
Section 5.4-7 states that in all cases other than “additional staff appointments” (which this certainly was not--Dr. Ladien had
been a member of good standing of the SJH staff for over 12 years) “the body whose recommendation or action prompted
the hearing shall have the duty to come forward with evidence in support of its recommendations or action; therefore, the
duty to present evidence shall shift to the practitioner to produce evidence in support of his/her position. In such cases, the
burden of proof shall be a preponderance of the evidence and shall rest upon the body is recommendation or action
prompted the hearing.”
383. -- Again, DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal definition of
MANSLAUGHTER.
384. -- While Dr. Ladien was routinely and repeatedly PREVENTED from presenting evidence of this
DELIBERATE RECKLESSNESS by SJAIL and the MEC leading to the WRONGFUL DEATH of Sylvia, in a true court
of law, with a REAL Judge and a REAL jury, Dr. Ladien will easily show beyond a reasonable doubt, let alone “a
preponderance of the evidence,” of the GUILT of both SJAIL and the MEC related to these matters.
385. -- While the so-called “fair” hearings were, by design, nothing more nor less than a KANGAROO COURT,
when these issues are FINALLY heard in a REAL court, simply put, the TRUTH shall speak for itself.
386. 5.7 Appellate review procedure and final action
387.
5.7-2 Failure to appear or proceed
--Section 5.7.2 states that “where the practitioner has requested an appellate review in a timely and proper manner under
these bylaws, failure thereafter to appear or proceed in accordance with these bylaws shall constitute a voluntary
acceptance of the recommendations and decisions is the board under section 5.5.”
388. -- Again, not only was Dr. Ladien BARRED from “appearing” at the appellate hearing, let alone presenting
evidence, witnesses and a defense on his behalf, Dr. Ladien was literally BARRED from even entering the Hospital at
which these hearings were occurring!
389. --Over a month after the 10/1/13 appellate review board “NONHEARING,” Dr. Ladien has still even to
receive even a transcription of this non-hearing despite his repeated requests for this document which is required to be
provided under section 5.7-6 of the bylaws.
390. While section 5.78 states that “the duty of the appellate review body is not, however, to retry the matter but to
ensure that the practitioners hearing before the hearing committee was FAIR and there was SUBSTANTIAL
COMPLIANCE with the medical staff bylaws and that the recommendations pending before the appellate review body is
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supported by the evidence in the record,” NONE of these due process protections were followed either during the (anything
but) kangaroo court “fair” hearing, let alone be even more horrendous appellate review board “non-hearing.”
391. --Not only was the original (1/13/13-1/14/13) “fair” hearing ANYTHING BUT FAIR, there was also anything
BUT “substantial compliance” with the medical staff bylaws throughout this process.
392. --The “recommendation pending before the appellate review body” was specifically written by Chris Eades
the original lawyer and part of SJAIL, who were directly responsible for the DELIBERATE RECKLESSNESS leading to
the WRONGFUL DEATH of Sylvia in the first place.
393. --Not only are Eades’ so called “recommendations” NOT “supported by the evidence in the record” in this
case, all of SJAIL’s actions have been entirely self-serving meant NOT to SEEK THE TRUTH, but to OBSTRUCT
JUSTICE and to Defame, Discredit and Destroy professionally Dr. Ladien to the greatest extent possible BEFORE these
matters can be heard by a REAL JUDGE and a REAL JURY.
394. --SJAIL CANNOT be allowed to act as Judge, jury and executioner in this case if true JUSTICE is to be
served. SJAIL has already succeeded in KILLING SYLVIA. They must NOT be allowed to professionally KILL Dr. Ladien
as well if justice is to be done and the system is to be FIXED for the good of all.
Q. Inherent Conflict of Interest between SJAIL and the MEC, Board and Sister/Owners.
395. --While Sec. 5.8-2 specifically allows BOTH the MEC AND the hearing committee to be “represented by
counsel of its choosing, at the Hospital’s expense,” to date, BOTH the MEC and the hearing committee and the
SJH/Presence boards and the Sister/Owners of Presence have ALL been “represented” and repeatedly manipulated by the
very people (SJAIL) who KILLED Sylvia in the first place!
396. -- SJAIL to date has been able to also control the actions of Chris Sheean, Patty Kocour and Tim Nickels of
SMB to the point that Chris Sheean has specifically noted to Dr. Ladien that “I have been told not even to talk with you.”
397. -- While Chris Sheean’s “cease and desist” letters most certainly serve directly the interests of SJAIL, they are
absolutely CONTRADICTORY to the BEST INTERESTS of the Sister/Owners of Presence who are, after all, ultimately
paying for the services of SMB in this case.
398.. --Simply put, Chris Sheean, Patti Kocour and Tim nickels of SMB can EITHER “serve” the very people who
killed Sylvia in the first place (SJAIL and the MEC) OR they can serve the true BEST INTERESTS of the Sisters/Owners
of Presence. SMB can neither ETHICALLY nor LEGALLY try to represent both SJAIL and the Sister/Owners who have
and absolute and fundamental CONFLICT OF INTERESTS concerning these matters.
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399. --Dr. Ladien, therefore, requests that the court consider a Motion to Compel all defendants in this case, but
most especially the Sister/Owners, to specifically answer the “12 ethical questions” concerning this case and, on the basis of
their answers, obtain INDEPENDENT counsel in this case so that their true BEST INTERESTS can be known and they can
JOIN Dr. Ladien in requesting Mediation BEFORE Litigation so that the TRUE FACTS of this case can be known and the
SYSTEM can finally be FIXED for the GOOD of all.
R. Whistleblower Protection Laws
400. As noted by Diana Villamil Zuver, Deputy Inspector General, OEIG,
“Please be aware that there are stringent “whistleblower” protections provided in the State Officials and
Dr. Ladien Employees Ethics Act (5 ILCS 430/5-15) that prohibit retaliation against those who make
good-faith allegations of misconduct.”
401. 210 ILCS 86/35, whistleblower protections, notes:
Sec. 5. Whistleblower protections. (a) the Hospital covered by this Act shall not penalize, discriminate,
or retaliate in any manner against an employee with respect to compensation or the terms, conditions,
or privileges of employment who in good faith, individually or in conjunction with another person or
persons, does any of the following or intimidate, threaten, or punish an employee to prevent him or her
from doing any of the following:
402. (1) discloses to the other staff supervisor or manager, a private accreditation organization,
the nurses collective-bargaining agent, or a regulatory agency any activity, policy, or practice of the
Hospital that violates this Act or any of the law or rule or that the employee reasonably leaves poses a
risk to the health, safety, or welfare of a patient or the public.
403. Dr. Ladien explicitly believed and was CORRECT to believe that the actions and inactions
of SJAIL and the MEC were directly opposing “a risk to the health, safety AND welfare” of Sylvia
throughout the time 12/19/11 through time of Sylvia’s absolutely WRONGFUL and totally
AVOIDABLE on 2/4/12, just six short and all-too-tragic weeks later.
404. (2) initiates, cooperate, or otherwise participate in an investigation or proceeding brought
by regulatory agency or private accreditation body concerning matters covered by this Act or any other
law or rule or that the employee reasonably believes poses a risk to the health, safety, or welfare of a
patient or the public.
405. While Dr. Ladien initially withheld a formal reporting these events to IDPH and JCAHO
to allow SJAIL and the Sister/Owners of Presence time to “do the right thing” and FIXED THE IS
done, they have all failed to do so for almost 20 months now.
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406. SJAIL knew that if they did not fix these problems that Dr. Ladien would, indeed, report
these matters to the appropriate authorities if they did not fix these problems as he had warned them on
1/9/12 when he told LusHawk in a room full of witnesses that “If you do not understand what is 100%
ETHICALLY, PROFESSIONALLY and LEGALLY WRONG with what you are doing, then this is
precisely why these matters will need to be taken to court and to the other appropriate authorities.”
407. Again, not only did SJAIL blocks Sister Mary Imler from meeting with Dr. Ladien and the
Church’s chief conciliator, Ralph Bonaccorsi, for over 1 ½ years, they also blocked Sister Mary Imler
from meeting with IDPH’s chief investigator, Bill Bell, for well over a year.
408. During what contracts SJAIL has had with IDPH and JCAHO, they have deliberately
OBSTRUCTED JUSTICE by their Deliberate Falsification of Records By Omission (DFORBO) and
the withholding of critical information from these supervisory agencies.
409. To the extent that SJAIL and the MEC continue to retaliate against Dr. Ladien as a
WHISTLEBLOWER concerning these matters they are also withholding critical information
concerning the WRONGFUL DEATH of Sylvia from these supervisory agencies in the process.
410. (3) Objects to or refuse to participate in any activity, policy, or practice of a Hospital that
violates this Act or any law or rule of the Department or that a reasonable person would believe poses a
risk to the health, safety, or welfare of a patient or the public.
411. Clearly, from the moment of hearing of SJAIL’s intentions to change Sylvia’s Advance
Directive from FULL CODE to DNR status to the time of Sylvia’s WRONGFUL DEATH just one
week later, Dr. Ladien repeatedly, forcefully and correctly WARNED SJAIL that DELIBERATE
RECKLESSNESS in withholding appropriate care from Sylvia leading to her WRONGFUL DEATH
clearly posed “a risk to the health, safety AND welfare of the patient.”
412. Indeed, it was precisely to deter and obstruct this WHISTLEBLOWING activity that
SJAIL WILLFULLY and WANTONLY abused SJH bylaws to contrive Dr. Ladien’s WRONGFUL
“summary suspension” in the first place.
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S—DELIBERATE WRONGFUL HARASSMENT OF A WHISTLEBLOWER
413.
Dr. Ladien specifically contends that because it was the deliberately RECKLESS
behavior leading to Sylvia’s WRONGFUL DEATH and the WRONGFUL HARASSMENT of him as
a WHISTLEBLOWER desperately trying to defend his wife that were both based on fundamentally
CRIMINAL behavior, any and all continuing actions of SJAIL and the MEC and others are at best selfserving efforts aimed at defaming, discrediting and destroying Dr. Ladien professionally in anticipation
of these matters going to court.
414. Further, to the extent that SJAIL and the MEC have yet to even REPORT the
WRONGFUL DEATH of Sylvia to the appropriate authorities, they continue to use the WRONGFUL
HARASSMENT of Dr. Ladien as a way to cover up, stonewall and OBSTRUCT JUSTICE concerning
these matters as well. Such obstruction of justice is also inherently CRIMINAL behavior.
415.
Sylvia throughout her life defined Justice as “making something very GOOD out of
something very Bad.” It is only by Identifying and Acknowledging that these fundamental problems in
the current system exists back one can ever hope to FIX, let alone PREVENT, such Arrogance,
Stupidity and Systematic Abuse of Power (ASSs) in the future.
416.
In order to demonstrate both the historical pattern of enabling abuse and neglect in
highly dysfunctional and pathological systems as well as how, ultimately, to Identify, Fix and Prevent
such patterns in the future, in section and allow Dr. Ladien outlines in detail three case studies relevant
to these matters.
417.
In Section O, Dr. Ladien specifically reviews how patterns of institutional enablement of
dysfunctional behavior allowed the WRONGFUL DEATH of Sylvia and the WRONGFUL
HARASSMENT of Dr. Ladien as a WHISTLEBLOWER to happen in the first place.
418.
Simply put, just as in any case of abuse whether of children or adults, St. Joseph
administration and its lawyers (SJAIL) weren’t hiding the truth to protect Sister Mary Imler and
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Presence, they were hiding the truth to protect themselves. But it was precisely Sister Mary and the
Boards of SJH and Presence “turning a blind eye” towards this abuse (ie, Negligent Supervision) that
enables such abuse to occur in this case as well as many others.
419.
Finally, in Section PW, Dr. Ladien outlines in detail specific institutional remedies
including his IF-PREVENT program that would incorporate simple win-win problem-solving
algorithms into electronic medical records (EMR) systems that would Identify, Fix and Prevent (IFPREVENT) such problems in the future. A General Automated Smart System (GASS) would build on
current EMRs (eg, Super-EPIC).
420.
By having easily expanded versions of current EMR systems (eg, Super-EPIC), IDPH,
JCAHO and other State and federal agencies could monitor problems at ALL levels of the health care
system in real time across the State and, ultimately, across the Country at a fraction of the cost of the
current system.
421.
When integrated with Dr. Ladien’s Safe Haven system at is specifically designed to
replace current dysfunctional programs, we can break the cycles of gangs, drugs, abuse and joblessness
while saving tax dollars in the process.
422.
Thus, ultimately, far from harming Sister Mary, Presence, the Church, Cardinal George,
IDPH or even Gov. Quinn, IF-PREVENT and GASSs (IF-PASS) and Safe Haven could help make
Presence, IDPH and Illinois MODELS FOR THE COUNTRY in highly humane, cost-effective
PREVENTIVE MEDICINE that saves both lives and money in the process.
Section IV—Mayor Daley’s Nephew and Sylvia-Gate
Cover-Ups and “Business as Usual”
“ Nobody had to tell anybody that going after a Daley might not be a ticket to a promotion.”
--Chicago Sun-Times editorial, “Police Department needs to pay the price,” 2/5/14.
T. Parallels between the cover-up of Mayor Daley’s nephew and the WRONGFUL DEATH of Sylvia.
423. As noted in the introduction/case summary, there are significant parallels between the
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cover-up of manslaughter in the case of Mayor Daley’s nephew and the DELIBERATE
RECKLESSNESS (or worse) leading to the WRONGFUL DEATH of Sylvia
424. More than anything else, in addition to the obvious WRONGFUL DEATH in both cases,
there is a clear PATTERN of what can at best and most politely be described as a significant
“disinterest” on the part of reviewing agencies from the Chicago Police Department (CPD) to the
State’s Attorney General’s Office (SAO) to the Cook County Office of Inspector General (OIG) to
even Gov. Quinn to become involved in what could clearly be seen as politically “sensitive” cases.
425. Whereas, as noted above, nobody in the CPD was particularly interested in “taking on a
Daley” for fairly obvious reasons, in Sylvia’s case, it is also perhaps “understandable” why the CPD
would not wish to become involved in matters involving hospitals and doctors, let alone Sisters and the
Church.
426. Much as with the silence of both the CPD and the SAO over the past 30 years related to
sexual abuse cases now documented by the lawyers Jeff Anderson and Marc Perlman, public officials
may well have thought that they were doing both the hospital and the Church a “favor” to simply “stay
out” of investigating such issues.
427. But just as with the case of Mayor Daley’s nephew, such “disinterest” simply allows
dysfunctional behavior not only to continue but to give the clear message that, perhaps especially here
in Chicago, “That’s the way things work.”
428. As both Prof. Milton Rakov in “Don’t Rock No Boats. Don’t Back No Losers,” and Mike
Roiko in “Boss” so well documented, machine politics is most certainly still alive and well in Illinois
in general and in Chicago in particular. Simply put, “going along to get along” is more often than not
unofficial Chicago “policy” in most situations. To put it another way, “WHISTLEBLOWERS need not
apply.”
429. Simply put, if we are ever to FIX this utterly dysfunctional and intrinsically corrupt
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system, we must start with INVESTIGATIONS, literally DISCOVERING the TRUTH where others
fear to look.
430. Some specific differences between the case against RJ Vanecko versus SJAIL in the
WRONGFUL DEATH of Sylvia is that, whereas Vanecko threw “one punch” in a “single moment”
while intoxicated and in the middle of an, at least verbal altercation, Sylvia was NEVER a “threat” of
any kind to ANYONE ever. Sylvia spent her entire life helping others as best she could and was truly
well loved for her efforts by many people literally around the world.
431. RJ Vanecko also most certainly did NOT with DELIBERATE RECKLESSNESS
WILLFULLY and WANTONLY change multiple POAs and/or Advance Directives to be FULL CODE
concerning David Koschman.
432. And RJ Vanecko most certainly did NOT then literally stand by for SEVEN DAYS and
watch David Koschman slowly drown to death on his own secretions.
433. And whereas RJ Vanecko has now CONFESSED to his crimes and has sincerely
APOLOGIZED for his actions, the people who KILLED Sylvia (SJAIL and the MEC) are still not only
unapologetic, but they are doing absolutely everything that they can to get this case thrown out of court
so that they can, quite literally, GET AWAY WITH MURDER!
434. The final difference to date is that, whereas with the help of Carol Marin, Tim Novak,
Chris Fusco and the Sun-Times, ultimately the Dan Webb was appointed as a Special Prosecutor in the
case of RJ Vanecko, in the case of the WRONGFUL DEATH of Sylvia, neither of these interventions
has yet occurred.
435. In the absence of such “feedback mechanisms” and “checks and balances,” including a full
INVESTIGATION into ALL of the factors leading not only to the WRONGFUL DEATH of Sylvia, but
the ONGOING COVER-UP into these matters, a highly dysfunctional, severely pathological and
downright deadly lose-lose litigation system remains UNFIXED.
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U. The Value and potential NEED for a Special Prosecutor for Investigating Sylvia-Gate
436. Although Dr. Ladien has been repeatedly criticized by Judge Allen for the “5000 facts” in
his 150 page long “version 3” complaint, Dan Webb’s report to the Hon. Michael P Toomin was itself
162 pages long, brimming with citations and footnotes.
437. Even more to the point, Dan Webb’s investigation reviewed “over 300,000 pages of
documents obtained pursuant to special grand jury subpoenas, including emails, phone records, internal
memoranda, and CPD report access logs (p. 151).”
438. Dan Webb as special prosecutor also interviewed over 150 witnesses which did not include
all of the similar interviews conducted by the CPD, SAO and IGO (p. 151).
439. In short, when Dr. Lsdien from the beginning requested of Judge Allen FULL DISCOVERY and a thorough
INVESTIGATION into the WRONGFUL DEATH of Sylvia belong with mediation BEFORE litigation, this is
PRECISELY what he had in mind.
440. And yet, rather than being the rare “exception,” Dr. Ladien has strongly argued that the
“Investigate, Fix and PREVENT” (IF-PREVENT) and Win-Win Mediation BEFORE Lose-Lose
Litigation (WWMBL3) models need to be the standard paradigm for cases moving forward.
441. Specific areas of focus for a special prosecutor
The four Illinois criminal statutes primarily evaluated by the special prosecutor were: 1) official
misconduct; 2) obstructing justice; 3) conspiracy; and 4) tampering with public records the definitions
of each of these crimes, including their criminal intent (scienter) requirements, follows:
442 -- Official misconduct
A public officer or employee violates Illinois official misconduct statute when he does any of the
following in his official capacity: a) intentionally or recklessly fails to perform any mandatory duty as
required by law; b) knowingly performs an act which he knows his bid by law to perform; c) with
intent to obtain a personal advantage for himself or another, it performs an act in excess of his official
authority; or d) solicits or knowingly accept the performance of any act a fee or reward which he knows
is not authorized by law…-720 ILCS 5/33-3(a)-(d).
443. -- Obstructing justice
A person obstructs justice when, with intent to prevent the apprehension or obstructive prosecution
or defense of any person, he knowingly commits any of the following acts: a) destroys, alters, conceals
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or disguises physical evidence, plants false evidence or furnishes false information; b) induces a
witness having knowledge material to the subject at issue to leave the state or conceal himself; c)
possesses knowledge material to the subject at issue, leaves the state or conceals himself or herself.
– 720 ILCS 5/31-4
444. --Conspiracy
A person commits the offense of conspiracy when, with intent that an offense be committed, he or
she agrees with another to the commission of that offense. No person may be convicted of conspiracy
to commit us an offense unless an act in furtherance of that agreement is alleged and proved to have
been committed by him or her or by a co-conspirator…--720 ILCS 5/32-8(a)
445. --Tampering with Public Records
A person commits tampering with public records when he or she knowingly, without lawful
authority, and with the intent to defraud any party, public officer or entity, alters, destroys, defaces,
removes or conceals any public record…-- 720 ILCS 5/32-8(a)
446. Without a forensic review of the “investigations” conducted by both IDPH and ARDC
including both an examination of the records made in interviews of the people involved, it will be
difficult to know to what degree, if any, there was actual “tampering with public records” by PUBLIC
officials.
447. There is, however, no question whatsoever that there is clear and explicit evidence of the
repeated Deliberate Falsification Of Records By Omission (DFORBO) on the part of SJH staff under
the direction of SJAIL. Again, it may well take a special prosecutor to get a FULL INVESTIGATION
into these matters especially if IDPH, ARDC, EOIG and even Gov. Quinn’s office simply refuse to do
their jobs concerning these matters.
448. The special prosecutor also evaluated the potential for “organizational” criminal liability
(eg, RICO) against state and municipal law enforcement agencies, such as CPD and SAO, in
connection with failing to properly investigate a criminal matter but apparently concluded that these
were more “federal” then “state” issues and, thus, beyond his specific mandate.
449. There is, of course, nothing inherently stopping a truly FULL and COMPREHENSIVE
investigation into the matters of the WRONGFUL DEATH of Sylvia and the WRONGFUL
HARASSMENT/TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying to
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SAVE Sylvia from being investigated for violations of state AND federal civil and criminal law. Not
only would such a comprehensive approach be highly indicated in the this situation it would serve as a
template for the Investigation, Fixing and PREVENTION of such problems in the future.
450. In his investigations, the special prosecutor also distinguished between three levels of
Scienter (state of mind)-- Recklessness, Knowledge and Intent as follows:.
451. --- Recklessness
“Recklessness” is a mental state involving a degree of criminality below that of knowledge or intent,
and is defined by the Illinois criminal code as follows:
A person is reckless or acts recklessly when that person consciously disregards a substantial and
unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining
the offense, and that disregard constitutes a gross deviation from the standard of care that a reasonable
person would exercise in the situation.— 720 I0LCS 5/4-6.
452. --Knowledge
The Illinois criminal code defines the mental state of “knowledge” as follows:
A person knows, or acts knowingly or with knowledge of:
(a)
The nature or attendant circumstances of his or her conduct, described by the statute
defining the offense, when he or she is consciously aware that his or her contact is of that nature
or that those circumstances exist. Knowledge of a material fact includes awareness of the
substantial probability that the fact exists.
(b)
The result of his or her conduct, described by the statute defining the offense, when he
or she is consciously aware that the result is practically certain to be caused by his conduct…
When the law provides that acting knowingly suffices to establish an element of an offense, that
element is also established if a person acts intentionally.— 720 I LCS 5/4-5.
453. --Intent
Illinois criminal code defines “intent” as follows:
A person intends, or acts intentionally or with intent, to accomplish a result or engage in
conduct described by the statute defining the offense, when his conscious objective or purpose
is to accomplish that result or engage in that conduct.-- 720 I LCS 5/4-4.
Under Illinois law, every sane person is presumed to intend all the natural and probable
results of his or her own deliberate act. Period—People v Schields, 127 N.E.2d 440, 443 (Ill.
1955), etc.
454. The intent (scienter) requirements for the above for areas of investigation are specifically
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noted above.
455. It can be noted as a final distinction that Mayor Daley’s nephew, RJ Vanecko, threw “one
punch,” “one time” during the middle of a drunken free-for-all. By contrast, SJAIL KNEW FULL
WELL the CONSEQUENCES of changing Sylvia’s multiple Advance Directives from FULL CODE
to DNR status WITHOUT seeking judicial review. SJAIL also showed clear INTENT by literally
standing by for seven days and watching Sylvia slowly drown to death on her own secretions when she
could have easily been saved by even the most simple of standard of care interventions such as
protecting Sylvia’s Airway and Breathing.
456. Thus, while RJ Vanecko’s actions were clearly RECKLESS, and it was completely
appropriate that he would plead guilty to involuntary MANSLAUGHTER concerning the
WRONGFUL DEATH of David Koschman, the fact that there was clear KNOWLEDGE and INTENT
on the part of SJAIL as well as MEANS, MOTIVE and OPPORTUNITY, this is more than enough to
elevate their actions to the level of MURDER ONE.
457. Simply put, if a special prosecutor was deemed appropriate for the investigation of
MANSLAUGHTER in the case of Mayor Daley’s nephew, it is far more than appropriate to request a
special prosecutor for the MURDER ONE WRONGFUL DEATH of Sylvia as well.
458. Until and unless public officials are willing to DO THEIR JOBS and INVESTIGATE
these matters FULLY, the COVER-UP and OBSTRUCTION of JUSTICE will continue.
459. As noted at the beginning of this complaint, as long as individuals and groups of
individuals in Illinois who would abuse others even to the point of death feel that “the system” will
“protect” them, such Abuses of Power will continue.
460. It is precisely to FIGHT and FIX such Arrogance, Stupidity and Systematic Abuses of
Power (ASSs) that Dr. Ladien presents this suit and seeks the specific remedies that he does.
V—“Prosecutorial Immunity” and “Prosecutorial Discretion”—No One Is Above the Law.
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“The existence of a DUTY is a QUESTION OF LAW for the court to decide….”
“Summary judgment is a drastic means of disposing of litigation and therefore should be allowed only when the right of the
moving party is clear and free from doubt. Summary judgment must be awarded with CAUTION to avoid preempting a
litigant’s right to trial by JURY or the right to FULLY PRESENT THE FACTUAL BASIS of the case, where a material
dispute may exist.” HN2, Anderson, 317 Ill. App. 3d at 1111, 12/7/2000
V. No One Is Above the Law
“When people fear the government, you have tyranny. When the government fears the PEOPLE, you
have liberty.”— Thomas Jefferson.
461. As discussed above concerning Dan Webb and investigations into the wrongful
death/manslaughter of David Koschman, there is already clear prima facie the evidence for the
“prosecution of prosecutors” and other public officials who fail to do their DUTIES in fully
investigating wrongdoing.
462. Simply put, “prosecutorial immunity” and “prosecutorial discretion” are not and never
were INTENDED to be used as excuses for official cover-ups and CRIMINAL obstruction of justice.
463. This section briefly reviews the cases cited by Alicia Duncan (Duncan) in her motion to
dismiss ARDC defendants from this case. While Duncan limited her discussion to ARDC defendants, it
is to be noted that the DUTY TO INVESTIGATE wrongdoing applies to ALL public officials and
NOT, by any means, just ARDC.
464. Just as Dan Webb investigated EVERYONE from the CPD and SAO to the OIG and even
Gov. Quinn to determine “who knew what when,” so too here, the same degree of thoroughness is
required.
465. The CPD and SAO are not cited in this version of the suit in order to give them time, along
with Lisa Madigan and Gov. Quinn’s office, to adequately and thoroughly investigate the
WRONGFUL DEATH of Sylvia just as Dan Webb investigated the WRONGFUL DEATH of David
Koschman. Should they fail to do their jobs in this case, however, they will NOT have the three-year
statute of limitations to deter a special prosecutor from doing a full and effective investigation into
these matters.
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466. In many ways a special prosecutor would be helping to Investigate, Fix and PREVENT the
very problems leading to the cover-up of the case of David Koschman and so many others unnamed in
the past.
467. Again, nothing would please Sylvia more than to see “something very GOOD” come from
“something very Bad.”
468. While the citations listed in Dan Webb’s summary, as well as the very FACT of his
investigation itself, should be adequate “proof” that “no one is above the law—nor should they be,”
below is a brief summary of the 18 cases cited by Duncan as evidence for “prosecutorial discretion”
(Section 2-615) in “prosecutorial immunity” (Section 2-619).
469. Again, while Dr. Ladien fully believes in the importance and necessity for BOTH
prosecutorial discretion AND immunity where appropriate, as Dan Webb’s investigation proves, the
legislators NEVER INTENDED such “discretion” and “immunity” to be a carte blanche check for
prosecutorial misconduct and the deliberate cover-up of criminal wrongdoing. Nor was the INTENT of
the legislature ever to condone NEGLIGENT SUPERVISION of rogue individuals within these
institutions or among the individuals that these organizations are meant to supervise.
470. Again, the very fact that Dan Webb as SPECIAL PROSECUTOR just finished a 1 ½ yearlong investigation into public officials from the CPD and SAO up to the OIG and even Gov. Quinn
himself should already show the clear and NECESSARY limitations on both “prosecutorial discretion”
(Section 2-615) and “prosecutorial immunity” (Section 2-619) discussed by Duncan in her “motion to
dismiss ARDC defendants.”
471. Dr. Ladien also responded broadly to the issues raised by Duncan in his Response to her
motion.
472. For the sake of completeness and thoroughness, however, Dr. Ladien will below respond
in detail to the specific citations raised by Duncan.
473. Broadly speaking, as noted in the quote above, there should be a very high bar to a
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summary judgment dismissing ANY case, but especially those involving WRONGFUL DEATH.
474. But where there is already clear EVIDENCE of not only CRIMINAL activity, but potential
INVOLVEMENT by public officials in the cover-up and OBSTRUCTION OF JUSTICE into the full
INVESTIGATION of such matters, it becomes CRITICAL for the court to DEMAND “all of the facts”
in order to have even a chance at a FAIR and ACCURATE judgment as Judge Brandeis noted so
appropriately long ago.
W. Section 2-615—Prosecutorial Discretion and Its Appropriate Limitations
Grounds-- “legally sufficient cause of action”
“The existence of a DUTY is a QUESTION OF LAW for the court to decide….”--Anderson, 317 Ill. App. 3d at 1111,
12/7/2000
1 Negligent Supervision v “Prosecutorial Discretion
Mueller by Math v Community Consolidated School District 54, 287 Ill.App. 3d 337, 334-43, 678 N.E.2d 660, 222 Ill.Dec.
788 (1997).-- 3/24/97
475. Case Summary
Plaintiff student, Sarah Mueller, represented by Kathleen E Math, her mother, sought recovery from defendants coach and
school district for negligence based on the coaches sexual assault of the plaintiff.
The court found that the students negligence per se claim adequately alleged the requisite elements and that dismissal under
SS2-615 of the code of civil procedures, 735 Ill. Comp. Stat. SS 2-615 (1994) was improper. With respect to the dismissal
under SS2-615 of the negligent hiring and negligent supervision claims, the court held the student had adequately alleged
the requisite elements of DUTY, BREACH, and injury, but FAILED to allege the CAUSATION element for each of the
claims…
… In addition, the court rejected each of the school districts claims of immunity based on the local governmental and
governmental employees toward community act, specifically, 475 Ill. Comp. stat. SS 10/2-103, 104, 109, and 201.
The court found that only SS 10/2-201 was applicable and that the school district did NOT have immunity under this
provision because it failed to conduct the requisite INVESTIGATION of the coach before hiring him.
476. Mueller. Thus, clearly argues that public officials have a DUTY to INVESTIGATE matters of public concern and
that there “immunity” is restricted when they FAIL and/or BREACH this duty to the public.
477. Also in her “Motion to dismiss ARDC defendants, Duncan correctly notes three “elements” for a cause of action for
NEGLIGENT SUPERVISION are needed (Mueller, 1997):
1 employer as a DUTY to SUPERVISE its employees;
2 the employer NEGLIGENTLY SUPERVISE its employee; and
3 such NEGLIGENCE PROXIMATELY CAUSED the plaintiff’s injuries.
478. While clearly public agencies, such as the ARDC are not, at least in most cases, the direct “employers” of the
lawyers that they are being asked to investigate, the legislative INTENT in establishing the ARDC was specifically to
monitor and SUPERVISE the ethical and legal conduct of lawyers across the state.
479. Thus, to the extent that the ARDC FAILS in its DUTY to INVESTIGATE clear incidence of ethical and criminal
wrongdoing, they are NEGLIGENT in their SUPERVISION of their legally designated “supervisees.”
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2 Duties of the Court and Duties of the Jury
Anderson, 317 Ill. App. 3d at 1111, 12/7/2000
“The existence of a DUTY is a QUESTION OF LAW for the Court to decide.”
Although Duncan deliberately avoided discussion of the very case, she cited herself, Anderson perhaps provides the best
summary of precisely WHY not only should this case be HEARD and ALL of the FACTS of the case DISCOVERED, it
also clearly explains why it should be up to a JURY to decide whether a not a breach of DUTY has occurred.
480. Case Summary
Craig Anderson, special administrator of the estate of Catherine Anderson, deceased and plaintiff sued Defendant, AlbertoCulver Corporation and municipal defendants for wrongful death after an airplane owned by defendant corporation crashed
an airport owned and operated by the municipal defendants, killing several people.… The trial court granted municipal
defendants motion for summary judgment, initially finding that they were “immune”…
The court REVERSED and remanded the grant of summary judgment to municipal defendants… Stating that they had a
DUTY to exercise ordinary care in maintaining its property in a reasonably safe condition.
HN2 Summary judgment is a drastic means of disposing of litigation and therefore should be allowed only when the right
of the moving party is clear and free from doubt. Summary judgment must be awarded with CAUTION to avoid preempting
a litigant’s right to trial by JURY or the right to FULLY PRESENT THE FACTUAL BASIS of the case, where a material
dispute may exist
HN3 In determining a summary judgment, the pleadings, affidavits, depositions, and admissions on file must be construed
strictly AGAINST the moving party and liberally in favor of the opponent.
HN5 . In a case of action alleging NEGLIGENCE, plaintiff must establish the existence of a duty, a breach of that duty and
an injury proximately caused by the breach.
The existence of a duty is a question of law for the court to decide,
the issue of breach and proximate cars are questions of FACT for the JURY, provided there is a genuine issue of material
fact regarding those issues
the relevant factors in determining whether to recognize a duty include the REASONABLE FORESEEABILITY of injury,
the LIKELIHOOD of such injury, the magnitude of guarding against that injury and the consequences of placing a burden
on the defendant.
Dr. Ladien comments—
481.
Although Duncan deliberately avoided discussion of the very case, she cited herself, Anderson perhaps
provides the best summary of precisely WHY not only should this case be HEARD and ALL of the FACTS of the case
DISCOVERED, it also clearly explains why it should be up to a JURY to decide whether a not a breach of DUTY has
occurred
.
482.
The Anderson case goes on (page 7, footnote 1) to make the distinction between DISCRETIONARY versus
MINISTERIAL duties as follows:
“In Snyder, post, the court noted that “the common law recognizes the distinction between DISCRETIONARY duties, the
negligent performance of which does NOT subject a municipality to tort liability, and MINISTERIAL duties, the negligent
performance of which CAN subject a municipality to tort liability.” 167 Ill.2d at 473. Section 2-201 of the act is a
codification of this common law distinction. Snyder v Curran Township, 167 Ill. 2d 466 at 473, 212 Ill. Dec. 643, 657
N.E.2d 327 (1974).
483.
Finally, the court goes on to cite Baran v . City of Chicago, 43 Ill. 2d 177, 180-81, 251 N.E.2d 22 (1969) in
which the Supreme Court stated:
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“In holding a city responsible for injuries that it caused, the court is not reviewing the city’s discretion in selecting a plan…
A municipal corporation, like an individual or private corporation, is required to exercise its rights and powers with such
precautions as shall not subject others to injury.
484.
The court finally notes that “the legislator could not have INTENDED such a result…” (allowing a city’s
streets to be unsafe).
485. Thus, in the end, Anderson, even includes note of legislators’ INTENTIONS in deciding on the application
of the concept of “immunity” in a particular case.
486. Again, the Anderson case thus includes all of the major reasons why the current case should move forward
quickly to DISCOVERY and (if not first result in out-of-court MEDIATION), then, ultimately, a trial in which a JURY can
decide on the DUTIES that SUPERVISORS at all levels should have provided to both Sylvia and Dr. Ladien.
3 Direct Injuries = Constitutionally Protected Rights (42 USCS 1983) = Standing—Tarasoff—“Unknown” Duties.
Doyle V the Oklahoma Bar Association, 998F.2d 1559 (10 th circuit 1993)-- 7/19/93
“Cf. Tarasoff— Defendants may not have “known” that they had a a (retrospectively “obvious” and “necessary”) DUTY to
investigate until a Judge and a JURY TELLS them that they have such a duty.”
487. Case Summary
David Anthony Doyle, plaintiff-appellant v the Oklahoma Bar Association, James M Tisdale, chairman, professional
responsibility commission, et al
Appellant filed civil rights action under 42 US CS 1983 related to a grievance he had against his ex-wife’s lawyer.
Case dismissed pursuant to Fed R Civ P 12(b)(6) for failing to allege a constitutionally protected right
The court held that the grievant failed to state a claim that he was deprived of any right under the Constitution of the United
States.
The court held that the grievant lacked standing as he could not assert a violation of rights belonging to another because the
person entitled to her right was the only one who can be directly injured by a separation.
The grievant lacks standing to contest the policies of the prosecuting authority when he himself was neither prosecuted nor
threatened with prosecution.
487. -- This is NOT true in the current case where Dr. Ladien was, in fact, DIRECTLY injured by his
TERMINATION from SJH for his WHISTLEBLOWING activities in attempting to prevent the WRONGFUL DEATH of
his beloved wife, Sylvia. Thus, BOTH Dr. Ladien AND Sylvia Doucette Ladien were injured by the negligent supervision
of ARDC of SJAIL et al. Dr. Ladien therefore has STANDING both for himself and as the representative for the estate of
Sylvia Doucette Ladien in bringing his actions against defendants, including the ARDC.
488. Duncan further alleges that:
“The right to require the state Bar Association to process a grievance request for investigation of certain lawyers was NOT a
right guaranteed by the Constitution!!!”
--The judgment of the district court was affirmed
489. Dr. Ladien argues in response that:
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1 Cf. Tarasoff— Defendants may not have “known” that they had a a (retrospectively “obvious” and “necessary”) DUTY to
investigate until a Judge and a JURY TELLS them that they have such a duty.
2 Rights can also be “guaranteed” by statute on the state and federal level— e.g.
--a WHISTLEBLOWER laws
--b DUTY to PROTECT patients— e.g., IDPH/JCAHO issuing “standard of care” guidelines for physicians and hospitals
3 A SUPERVISOR (e.g., Gov. Quinn)--especially when elected by the voters of a state and thus ACCOUNTABLE to the
PEOPLE-- can OVERRIDE internal “reservations” and ORDER the investigation into the WRONGFUL DEATH of a
patient and the WRONGFUL HARASSMENT of a WHISTLEBLOWER desperately trying to save her as matters of both
FAIRNESS and PUBLIC SAFETY.
4 Legislative INTENT v “Blanket Immunity.”
Smith v Shook, 230 7F. 3d 1322 (11 th circuit 2001)--1/10/01
“It was clearly the legislative INTENT, as stated, to “prevent harassment and intimidation” NOT condone, enable or allow
CRIMINAL behavior to occur.”
490. Case Summary:
Plaintiff appealed judgment from United States District Court for Southern District of Georgia dismissing his 42 US CS
1983 claims for lack of standing to challenge defended State Bar consuls decision not to prosecute his former attorney and
because defendant administrative law Judge was entitled to judicial immunity
outcome
Judgment affirmed because defendant State Bar Council acted in comparable prosecutorial capacity and plaintiff lacks
standing to challenge her decision not to prosecute, and defendant ALJs role was comparable to that of a trial Judge or
federal AL J and he was entitled to absolute immunity.
Overview
… The court agreed that the defendant State Bar Council acted in a prosecutorial capacity and that plaintiff lacks standing to
challenge her decision not to prosecute. The court found that the administrative law Judge (ALJ) function in a classic
adjudicatory role as it was to find by the factors enumerated by the United States Supreme Court. Defendant ALJ presided
over a full adversarial hearing, perform judicial functions, and issued a written opinion, at this decision was appealable.
--Defendant ALJs role was comfortable to that of a trial Judge or federal ALJ, and he was entitled to absolute immunity to
ensure “performance of his functions without harassment or intimidation.”
491. Dr. Ladien argument—
It was the clear legislative INTENT to “prevent harassment and intimidation” NOT condone, enable or allow CRIMINAL
behavior to occur.
Thus, “absolute immunity” does NOT and should NOT extend to situations where clearly CRIMINAL behavior is involved.
Cf. also INTENT— cf. also Illinois graphics v Nickum (8/4/94)
5 Provable Personal Injury = Standing v “Immunity”—GETTING AWAY WITH MURDER
Akinaka v this narrative board of the Hawaii Supreme Court, 970 9 P.2d 1077 (Hawaii 1999)
“Again in the Akinaka case, the court is NOT ruling on “immunity” per se, it is ruling on “standing.”
492. Case Summary:
As noted in the opening quote cited in this case, Dr. Ladien has explicitly argued that SJAIL would NEVER have acted
as they did and continue to act if they did not have a fundamental “belief” that the current lose-lose litigation system would
PROTECT them and let them, quite literally, GET AWAY WITH MURDER!
Kenzo Akinaka, plaintiff-appellant filed complaints against two attorneys with the office of disciplinary counsel (ODC).
After its investigation, the ODC declined to take any disciplinary action.… The lower court granted appellees motion to
dismiss, including that’s appellees were “immune from lawsuits and liability.”
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The appeal court affirmed the decision of the lower court, but I’m the grounds that the appellant had an no standing to file
his complaint against appellees, because he “had no recognizable interest in the outcome of the ODC’s investigation against
the two attorneys, and, therefore, was not “injured” by the ODC’s refusal to institute is very proceeding is against the two
attorneys.”
The court went on to say that
“It is well settled that the crucial inquiry with regards to standing is whether the plaintiff has alleged such a personal stake in
the outcome of a controversy as to warrant his or her indication of the court’s jurisdiction and to justify exercise of the
court’s remedial power his or her behalf.”
In deciding whether the plaintiff has the requisite interest in the outcome of the litigation, the court employees a threepart test:
1) Has the plaintiff suffered an actual or threatened injury as a result of the defendant’s wrongful conduct;
2) Is the injury fairly traceable to the defendant’s actions; and
3) Would a favorable decision likely provide relief for plaintiff’s injury.
493. Ladien argues that again in the Akinaka case, the court is NOT ruling on “immunity” per se, it is ruling on
“standing.”
494.
While Mr. Akinaka may or may not have been “injured” in his case, in the current case, BOTH Sylvia AND Dr.
Ladien have been severely injured indeed. Specifically:
1) SYLVIA IS DEAD and Dr. Ladien has been “TERMINATED” by SJAIL;
2) SJAIL first changed Sylvia’s Advance Directives to be FULL CODE without judicial review and then stood by for
seven days as Sylvia slowly drowned to death on her own secretions; SJAIL first DELIBERATELY,
WILLFULLY and WANTONLY “summarily suspended” Dr. Ladien for his WHISTLEBLOWING efforts to
SAVE SYLVIA and then, on 12/5/13, TERMINATED Dr. Ladien’s privileges at SJH without Due Process, with
all of these actions being clear VIOLATION of SJH’s bylaws and IDPH and JCAHO Rules and Regulations;
3) A “favorable decision” to INVESTIGATE all of those defendants listed, including all lawyers involved would
directly “provide relief” for Dr. Ladien in protecting his privileges at SJH and even for Sylvia by FIXING THE
SYSTEM ONCE AND FOR ALL which is the one thing, or than anything else that she would like to see happen in
this case. And
4) “FIXING THE SYSTEM” by starting with a FULL INVESTIGATION and DISCOVERY and moving on to a
FULL TRIAL by JURY (if a win-win-win out of court. Positive resolution of these matters is not to be granted) are
“remedies” well within the ability and jurisdiction of Judge Allen.
495. As noted in the opening quote cited in this case, Dr. Ladien has explicitly argued that SJAIL would NEVER have
acted as they did and continue to act if they did not have a fundamental “belief” that the current lose-lose litigation system
would PROTECT them and let them, quite literally, GET AWAY WITH MURDER!
496. The very fact that SJAIL has not even been INVESTIGATED, let alone CHARGED with CRIMINAL conduct in
over TWO YEARS lends empirical credence to their cynical belief in “immunity” to prosecution.
497. The very fact that the ARDC is attempting to argue that they do not have a DUTY TO INVESTIGATE such grossly
UNETHICAL and outright CRIMINAL behavior, again lends empirical credence to SJAIL’s belief that the current loselose litigation system will protect them from even scrutiny, let alone prosecution.
498. Such a firmly established “belief” on the part of SJAIL could only come from years of knowledge that this is
PRECISELY what the current lose-lose litigation system, including the ARDC, do on a routine basis.
499. As the late and much revered mayor Hon. Richard J Daley was quoted as saying in another situation, “The police
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aren’t here to create disorder. The police are here to PRESERVE disorder.”
500. This is a quote spoken by a true Chicago icon.
501. But the 9 ½ YEARS of a deliberate FAILURE to INVESTIGATE, let alone CHARGE another member of the
Daley family many years later, RJ Vanecko, just goes to show how hard some time-honored “traditions” die hard in
Chicago….
502. Metra-Gate would simply be yet another example of “politics as usual” in the Land of Lincoln.
503. But, until and unless the courts SEND A STRONG MESSAGE as was done with the appointment of Dan Webb as
a SPECIAL PROSECUTOR in the case of Mayor Daley’s nephew, SJAIL and many others after them will have more than
ample reason to think that the system. “Of the powerful, by the powerful and FOR THE POWERFUL” remains alive and
well in the “fair” Clout City of Chicago.
6 Standing in Cotton and Steele Duties.
Cotton v Steele, 587 N. W. 2d 693 (Nebraska 1999)
It is relevant to note that the court at the end of its ruling, explicitly notes and WARNS the Counsel for Discipline that
dismissing Cotton’s case “does NOT mean that such persons are not required to carry out their DUTIES in accordance with
ALL APPLICABLE RULES or THAT THEY ARE NOT ACCOUNTABLE FOR ANY PROVEN FAILURE TO DO SO.”
504. Case Summary”
Allen Ro’nay Cotton, appellant, appealed after a lower court decided that he had “no standing” to bring an action “for
legal and equitable relief based on allegations that the complaint was not properly handled by the office of the Counsel for
Discipline.”
505. Just as in Akinaka cited above, the court of dismissal of the action, finding that the appellant had “no standing” to
bring an appeal of a dismissal… “Because such complaints did not indicate any personal stake in the outcome of the
proceeding nor deprive appellant of a civil remedy.”
506. Again, however, just as in Dr. Ladien’s discussion of the Akinaka case cited above, will Dr. Ladien in Sylvia have
standing in their case based on the direct personal injuries have all incurred and the specific REMEDIES that the court can
offer to FIX THESE PROBLEMS. ONCE AND FOR ALL.
507. It is relevant to note that the court at the end of its ruling, explicitly notes and WARNS the Counsel for Discipline
that dismissing Cotton’s case “does not mean that such persons are not required to carry out their DUTIES in accordance
with ALL APPLICABLE RULES OR THAT THEY ARE NOT ACCOUNTABLE FOR ANY PROVEN FAILURE TO
DO SO.”
508. The Judges, further added explicitly that “This Court is RESPONSIBLE for seeing that the disciplinary rules are
fairly and correctly administered, both for the benefit of the general public whose interest they protect, and for the interest
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of the attorneys whose conduct they regulate. Any violation or departure from the rules by those responsible for their
administration and implementation will result in appropriate corrective action by this court.
509. Simply put, if a special prosecutor or other appropriate forensic investigation finds that the ARDC and/or other
governmental agencies FAILED to FULLY INVESTIGATE these matters and FIX THE SYSTEM that they have a DUTY
to monitor, then these individuals too, should be held ACCOUNTABLE for their INACTIONS, just as is currently being
called for in the case of officials obstructing justice in the case of Mayor Daley’s nephew.
7 DUTY TO INVESTIGATE—State (WHISTLEBLOWER-- 210 ILCS 45/3-810). The AND Federal (42-USCS 1983)
Saier v State Bar of Michigan, 293 f.2d 756 (6 th cir. 1961)--8/4/61
“The fact that Gov. Quinn has FAILED to ORDER such investigations by either IDPH or the ARDC is a matter of
NEGLIGENT SUPERVISION which simply ENABLES dysfunctional, pathological and literally deadly behavior on the
part of SJAIL and others, including public officials, to continue.”
510. Case Summary:
Pursuant to 42 US CS 1983, plaintiff Herbert E Saier sued defendants, the Michigan State Bar, its officers and the Michigan
Supreme Court justices, individually and in their official capacities, claiming that his constitutional rights were denied by
defendant’s Failure to Investigate certain attorneys upon his request.
Overview
Plaintiff alleged that for attorneys were involved in unethical conduct, false testimony, attempted murder, and taking a file
out of the probate court.…
… Even if plaintiff had been denied a right to request an investigation of the attorneys, at most, his redress would have been
the disbarment of the attorneys, which resulted in no material gain to the plaintiff. Thus, he was not deprived of life, liberty,
or property, so as to constitute a claim under SS 1983.
Not only did plaintiff not suffer any deprivation of a constitutional right, the federal Constitution did not guarantee him any
right to have his request for an investigation processed (!). The regulation of the practice of law, including disciplinary
procedures, are functions of the state.”
Dr. Ladien’s argument—
511.
In the current case, Sylvia WAS “deprived of life,” by her CRIMINALLY WRONGFUL DEATH
(MANSLAUGHTER and MURDER ONE) and Dr. Ladien WAS “deprived of property” by his WRONGFUL
TERMINATION while exercising his CONSTITUTIONALLY PROTECTED RIGHTS as a WHISTLEBLOWER
desperately trying to SAVE Sylvia, as well as his FIRST AMENDMENT rights to protected speech under 42-USCS 1983.
512. Because court believes that “the regulations of the practice of law, including disciplinary procedures, are
functions of the state,” does not at all mean that States, therefore, have a carte blanche “right” to simply ignore clearly
CRIMINAL behavior simply because they believe that they have the “immunity” to get away with such behavior.
513. Precisely BECAUSE the court considers such INVESTIGATION , the “matters for the state,” Gov. Quinn
could and should ORDER an investigation into the WRONGFUL DEATH of Sylvia and the WRONGFUL
HARASSMENT and WRONGFUL TERMINATION of Dr. Ladien as a WHISTLEBLOWER as matters of FAIRNESS
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and PUBLIC SAFETY, i.e., investigating and FIXING the problems, just as the NTSB investigates accidents and IDPH
investigates healthcare organizations.
514. The fact that Gov. Quinn has FAILED to ORDER such investigations by either IDPH or the ARDC is a
matter of NEGLIGENT SUPERVISION which simply ENABLES dysfunctional, pathological and literally deadly behavior
on the part of SJAIL and others, including public officials, to continue.
8 Being a Tool of the System v Making the TOOLS to CHANGE THE SYSTEM.
Ryan v Board of election commissioners, 1999 WL 505412, No 94C4 (N.D. Ill. 1994)
“The court will grant a motion to dismiss ONLY if it appears beyond doubt that plaintiff can prove no set of facts entitling
him to relief.”
It can very strongly be argued that the only difference between Ryan’s case and that of Mayor Daley’s nephew comes
down to Carol Marin, Tim Novak, Chris Fusco and some brave and determined editors at the Chicago Sun-Times who were
willing (at least in this case) to “take on the system” which, by the way, in a democracy, is EXACTLY the point of the
FIRST AMENDMENT and FREE SPEECH and is exactly the way that “the system,´ in theory at least, is supposed to work
It can very strongly be argued that the only difference between Ryan’s case and that of Mayor Daley’s nephew comes down
to Carol Marin, Tim Novak, Chris Fusco and some brave and determined editors at the Chicago Sun-Times who willing (at
least in this case) to “take on the system” which, by the way, in a democracy is EXACTLY the point of the FIRST
AMENDMENT and FREE SPEECH.
515. Case summary
Jim Ryan, Junior, was a 21-year-old Democratic candidate for the office of circuit court clerk of the 18 th judicial circuit of
Du Page County in 1992, and he was out to change the world. As president of Court Crusade, Inc., Ryan wished to “uncover
and investigate courthouse improprieties in constitutional violations.” With the enthusiasm, if not necessarily wisdom, of
youth, along with the necessity of poverty, Ryan file his case pro se against members of the County board of election
commissioners, the county state attorney, the sheriff, ARDC and others for various campaign law violations and alleged
assault occurring during the 1992 election which he lost, receiving “only” 41% of the vote. Ultimately Ryan’s case was
dismissed because “he failed adequately to plead violations of his federal constitutional or statutory rights.”
516. If Anderson cited above is an example of the system at its best, Ryan is a classic example of “the system
being the system,” seeking not justice, but expediency and “business as usual.”
517. The Judge correctly notes that “a motion to dismiss tests, the sufficiency of the complaint, NOT the merits of
the suit.”
518. The Judge also then goes on to correctly note that “the court will grant a motion to dismiss ONLY if it appears
beyond doubt that plaintiff can prove no set of facts entitling him to relief.”
519. But then, following these correct and noble words, the Judge then goes out of his way to deliberately or, at
the very minimum, de facto, severely “restrict” is interpretation of the lawsuit of a 21 year old, pro se plaintiff to reach a
conclusion that he has appeared to have made before reading a single FACT in the case.
520. While the Republican Party of Du Page County had admittedly had a standing practice of placing the
Republican candidate first on election ballots “since the time of Lincoln,” they had already previously been ordered by the
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court to stop this practice. (Culliton (sic) v Bd of Election Commissioners, 1976.)
521. Despite the Culliton ruling being in place for almost 20 years, Republicans had managed to have their
candidate listed first in seven of the eight “lotteries” that had been held since that time.
522. Rather than the Judge, “calling it like it is,” he remarkably states that “Appellants confuse fraud with what is
at most. Willful Neglect.” (!!!)
523. Similarly, rather than leaving a charge of assault by board attorney, Thomas Kelleghan, against Ryan to
simply move forward and be tried on the FACTS OF THE CASE, the Judge instead wrote that “proof of a single incident of
unconstitutional activity is not sufficient to impose liability unless proof of the incident also includes proof that it was
caused by an existing, unconstitutional municipal policy.”
524. Not only did the deputy sheriff (Prunty) present at the time of the alleged assault by Kelleghan on Ryan
refuse to charge Kelleghan with a crime, Prunty actually threatened to arrest Ryan if he continued to try to ask other
witnesses present for statements about the case.
525. Ryan’s complaint was eventually transferred to the Du Page County state’s attorney for further investigation.
During this “investigation,” Kelleghan met secretly with Du Page County Sheriff, defendant Doria, at the sheriff’s
department without Ryan present to discuss the case and its ultimate disposition.
526. Similarly, when Ryan attempted to file a complaint against Kelleghan with the ARDC, they, too, refused to
take any action or even provide Ryan with copies of their correspondence with Kelleghan.
527. While the Judge hearing this appeal conveniently “fails” to find any “pattern” in the behavior of the Du Page
County board of election commissioners and/or other officials cited in Ryan’s suit, this, by no means means that such a
“pattern of behavior” does NOT exist.
528. Simply put, the only way to know for sure whether a “pattern of behavior” exists is to have FULL
DISCOVERY and INVESTIGATE these matters FULLY and IMPARTIALLY BEFORE reaching a decision.
529.
As noted before in discussing Judge Louis Brandeis is discussion of ERRORS of FACT, and ERRORS of
JUDGMENT, Brandeis states “If, you have ALL of the FACTS of a case, then you JUDGMENT MAY be correct. But if
you do NOT have ALL of the facts, then your judgment CANNOT be correct.
530. To be polite, the appeals Judge appears to have made significant “errors” of FACT AND JUDGMENT in the
case of Ryan.
531. In a true democracy, it is not unfair to “Judge the Judges,” let alone “investigate the investigators.” This is, in
fact, much of what “Instant Replay” Dr. Ladien’s Chicago-BAJE Win-Win Mediation BEFORE Lose-Lose Litigation
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(WWMBL3) Paradigm discussed in the REMEDIES section is all about-- keeping the overall future system HONEST and
FAIR.
532. It can very strongly be argued that the only difference between Ryan’s case and that of Mayor Daley’s
nephew comes down to Carol Marin, Tim Novak, Chris Fusco and some brave and determined editors at the Chicago SunTimes who willing (at least in this case) to “take on the system” which, by the way, in a democracy is EXACTLY the point
of the FIRST AMENDMENT and FREE SPEECH.
533. As Thomas Jefferson noted in a quote cited above, “When the people fear the government, you have
TYRANNY. When the government fears the PEOPLE, you have LIBERTY.” Thus, it should be if we are to have a true
democracy.
534. If anything is even the least bit “puzzling” about the Ryan case outcome, it might be why a Democratic
Chicago Judge would rule in favor of the Republican Du Page party system.
535. But even this is not hard to understand when you appreciate the literally decades-long “go along to get along”
symbiotic relation between institutional “Republican” and “Democrat” “powers that be” across the state.
536. Thus, in terms of “institutional policies,” across-the-board the Chicago motto remains: “Don’t rock no boats.
Don’t back no losers.”
537. As a simple addendum, it might well be noted that giving Mayor Daley’s nephew a “30 day jail sentence,” as
a “plea deal” to pleading GUILTY to the WRONGFUL DEATH/MANSLAUGHTER of David Koschman some 9 ½ years
earlier, may, in and of itself, be yet another level of “business as usual” in Chicago.
538. Obviously, getting RJ Vanecko to “cop a deal” keeps the details of this case from ever going before a JURY.
Again, in Chicago, “decisions” are often made long before a single FACT is heard by a JUDGE, let alone a JURY….
539. Postscript: In googling Timothy Ryan to determine his current activities, a Congressman Timothy Ryan is
noted to be in his sixth term serving the good people of Ohio.
540. While it is not completely certain that this is, indeed, the same Timothy Ryan, whose case was heard on
appeal in 1994, it is interesting to note that this Timothy Ryan” began his career in politics as a congressional aide with the
US House of Representatives in 1995.”
541. While this could be seen as a good example of “Sylvia Being Sylvia,” it is also consistent with one the
favorite sayings of Dr. Ladien’s mother, Julia, which roughly translates from French as “If it is not true, it should be.”
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9. Need for TIMELY and THOROUGH Investigations of ALL of the Facts of a Case.—Seeking the Truth BEFORE
Seeking a “Decision.”
O’Brien v Registration and Attorney Discipline Committee of the Supreme Court (ARDC), 140 3F. Supp. 2d 1015 (C.D. ll.
2001)--5/16/01.
“In ruling on a motion to dismiss, the court must accept well pleaded allegations of the complaint as TRUE. In addition, the
court must view these allegations in the light most favorable to the plaintiff.
….Dismissal should NOT be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of
his claim that would entitle him to relief.”
542. Case Summary:
Defendant, Errol C O’Brien, moved to dismiss, pursuant to Fed. R. Civ. P. 12(b)(1), for lack of subject matter jurisdiction,
plaintiff’s civil rights action against the defendants for failure, AFTER a lengthy investigation, to continue to process his
complaint against certain attorneys.
Dr. Ladien response
543. In the case of O’Brien, the investigation into his complaints went on for FIVE YEARS. In the case of Dr.
Ladien, the so-called “investigation” went on for less than TWO WEEKS. During those two weeks, no one at ARDC made
any attempt whatsoever to reach Dr. Ladien for further information. Nor does Dr. Ladien believe that any of the defendants
in this case were questioned in person a low written responses may or may not have been obtained. Either way, however,
there was certainly not even the semblance of a rigorous investigation especially considering that Dr. Ladien’s complaints
included not only the WRONGFUL DEATH of his wife, Sylvia, but also his own ONGOING WRONGFUL
HARASSMENT as a WHISTLEBLOWER whose only “crime” was his repeated attempts to save his beloved wife’s life.
544. Note: “In ruling on a motion to dismiss, the court must accept well pleaded allegations of the complaint as
true. In addition, the court must view these allegations in the light most favorable to the plaintiff….
Although complaint is NOT required to contain a detailed outline of the claims basis, it nevertheless must contain either
director inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal
theory.
….Dismissal should NOT be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of
his claim that would entitle him to relief.”
545. Again, in the case of the WRONGFUL DEATH of Sylvia, there was clear and DELIBERATE
RECKLESSNESS in SJAIL first changing Sylvia’s multiple Advance Directives for Dr. Ladien to be her POA despite
Sylvia’s clearly diminished decisional capacity.
546. There was also clear WILLFULLY and WANTONLY CRIMINAL behavior with SJAIL and the MEC
literally standing by and watching Sylvia slowly drown to death on her own secretions over a period of SEVEN DAYS
when she could have easily been saved with even the most basic of standard of care interventions including protecting
Sylvia’s airway and breathing.
547. As DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH is the legal definition of
MANSLAUGHTER, there is no question that SJAIL had DELIBERATELY engaged in clearly CRIMINAL behavior. For
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ARDC to NOT FULLY INVESTIGATE the lawyers associated with this case is NEGLIGENT SUPERVISION in the
extreme.
.
548. ARDC can never hope to FIX such problems until they first clearly ACKNOWLEDGE that they exist
X. Section 2-619 Grounds— “Affirmative Matters”— Prosecutorial Immunity and Its Appropriate Limitations
549. In her motion, Duncan reviews issues involving state’s sovereign immunity, absolute prosecutorial immunity
and public official’s immunity which permits involuntary dismissal where “the claim asserted against defendant is barred by
other affirmative matter avoiding the legal of fact or defeating the claim.” 735 ILCS 5/2-619 (a)(9) (2013).
--An “affirmative matter,” in a section 2-61(a)(9) motion, is something in the nature of a defense which negates the cause of
the action completely.” Illinois graphics company v Nickum, 159 Ill. 2d 469, 486, 203 Ill. Dec. 463, 639 N.E.2d 1282
(1994)
.
550. Again, as is clear from Dan Webb’s investigation of Mayor Daley’s nephew and the 9 ½ years of official
cover up concerning these matters, “prosecutorial immunity” is anything BUT absolute—nor should it be. Simply put, such
immunity was NEVER INTENDED by the legislature, the courts or anyone else to be a carte blanche to public officials for
the OBSTRUCTION of JUSTICE concerning clearly CRIMINAL matters nor should courts ever allow it to be used for
such a purpose either intentional or even unintentionally.
1 Intentions Always Matter—“Immunity” is NEVER Absolute.
Illinois graphics company v Nickum, 159 Ill. 2d 469, 486, 203 Ill. Dec.
463, 639 N.E.2d 1282 (1994).
“The court’s decision in this case specifically looked at the INTENT of the law in deciding the case. Similarly, in Ladien v
Presence et al., the INTENT of legislative “immunity” is definitely NOT to condone or enable criminal cover-ups to occur.”
551. Case Summary:
-- Plaintiffs, Illinois Graphics Company and its insurer, sought review of the judgment entered in the appellate court that
affirmed a lower court’s dismissal of their petition to reduce an industrial commission’s award to a judgment. The court
held that Ill. Rev. Stat.ch. 48, para 138. 19(g) (1989) did not provide an employer and its insurer the right, as a matter of
law, to recover temporary total disability benefits paid to an ineligible employee. The court also held that the employer and
its insurer sufficiently raised a claim based on a theory of MISTAKE OF FACT that SURVIVED the motion to dismiss;
therefore, the motion to dismiss was improperly granted.
--The court noted that “to hold plaintiff to administrative exactness in its payment prior to adjudication and then later deny it
the right to recoup any excess payment that may later occur would “frustrate the primary purpose of the Workmen’s
Compensation act,” Ill. Rev.stat. ch 110, para2-101 etseq.(1989), to provide prompt payment to the employee of benefits.
552. -- Note: The court’s decision in this case specifically looked at the INTENT of the law in deciding the case.
Similarly, in Ladien v Presence et al., the INTENT of legislative “immunity” is definitely NOT to condone or enable
criminal cover-ups to occur.
2 Sidewalks Paved with Good INTENTIONS.
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Bubb v Springfield school district 186, 167 Ill. 2d 372, 378, 212 Ill. Dec. 542, 657 N.E.2d 887 (1995).
The court’s decision in this case specifically looked at the INTENT of the law in deciding the case. Similarly, in Ladien v
Presence et al., the INTENT of legislative “immunity” is definitely NOT to condone or enable criminal cover-ups to occur.
553. Case Summary:
--Martha Bubb, individually and as mother and natural Guardian of Amy Pavolko, challenged the decision of the appellate
court for the fourth district (Illinois) which affirmed the trial court’s denial of appellant’s motion for summary judgment in
appellee mother’s negligence action against appellant for failing to maintain school sidewalk and safe condition
--appellant filed a motion for summary judgment pursuant to SS3-106 of the local governmental and governmental
employees Tort Immunity act (Act), Ill. Rev.stat. ch. 85, para. 3-106 (1989), the trial court denied the motion, and the
appellate court affirmed.
— The court reversed the lower court’s judgment based on its conclusion that the INTENT of 3-106 was to allow
recreational purposes, “regardless of the primary purpose of the property.”
554. Note: In Ladien v Presence, again, the INTENT of “immunity” legislation may well legitimately be to avoid
“harassment” of investigators, but it is certainly NOT to enable and cover-up CRIMINAL activities. Thus, IDPH, ARDC,
the courts and even Gov. Quinn have a DUTY TO INVESTIGATE criminal wrongdoing in the same way that the
Springfield school district had a DUTY to maintain school sidewalk in a safe condition. Both common sense AND justice
dictate that immunity is NEVER Absolute.
3 “The doctrine of sovereign immunity was not about fairness!”
People ex rel. Manning v Nickerson, 184 Ill. 2d 245, 702 N.E.2d 1278 (1998).
“Again, to the extent that Duncan correctly notes that the ARDC is “an arm of the state,” this is all the MORE reason that
NEGLIGENT SUPERVISION of ARDC and IDPH by Gov. Quinn should be no more tolerated, than, should be the
NEGLIGENT SUPERVISION of SJAIL itself by the ARDC and IDPH. Simply put, the concept of ‘immunity’ neither
allows for nor condones the practice of NEGLIGENT SUPERVISION as was the case in the WRONGFUL DEATH of
Sylvia and the WRONGFUL HARASSMENT/TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying
to SAVE Sylvia.”
555. Case Summary:
Duncan argues that “the court should recognize that the plaintiff’s suit against the ARDC is barred by the state’s sovereign
immunity… Recognizing that the ARDC is an arm of the state and therefore entitled to sovereign immunity under the 11 th
amendment to the Constitution.”
556. Duncan cites People ex rel Manning v Nickerson (1998); Welch v Illinois Supreme Court (2001); and
Johnson v Supreme Court of Illinois (1999) to support her position.
--In People ex rel Manning v Nickerson, appellant, state and its officials, challenged a judgment from the third district
appellate court of McDonough County (Illinois) which reversed a trial court order that held that the trial court lacked
jurisdiction to adjudicate appellee landowners counterclaim in an action by the state to compel the landowner to remove a
building and pay damages for cutting down trees on state park property.
--While the court reversed the judgment from the appeals court with regards to the tort claims “because sovereign immunity
barred the exercise of jurisdiction of those claims,” it also took a rather remarkable position that “The doctrine of sovereign
immunity was not about fairness!”
-- The court did, however, affirm the judgment with regard to property claims “because such claims were defensive in
nature.”
557. Thus, even within the cases cited by Duncan, “sovereign immunity” is, appropriately, anything BUT absolute.
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Neither in People ex rel. or any of the other cases cited by Duncan does ANY court condone CRIMINAL behavior or in any
way suggest that covering such behavior up is the INTENT of the law cited.
558. Again, to the extent that Duncan correctly notes that the ARDC is “an arm of the state,” this is all the MORE
reason that NEGLIGENT SUPERVISION of ARDC and IDPH by Gov. Quinn should be no more tolerated, then, should
be the NEGLIGENT SUPERVISION of SJAIL and self by the ARDC and IDPH. Simply put, the concept of ‘immunity’
neither allows for nor condones the practice of NEGLIGENT SUPERVISION as was the case in the WRONGFUL DEATH
of Sylvia and the WRONGFUL HARASSMENT/TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately
trying to SAVE Sylvia.”
4 Ongoing Deliberate OBSTRUCTION OF JUSTICE and Cover-Up of Manslaughter ARE Protected Causes of Action.
Welch v Illinois Supreme Court, 322Ill. App.3d 345, 751 N.E.2d 1187 (3d Dist. 2001).
“While in the case of Welch, no “cause of action” could be stated that would override the state lawsuit immunity act, in
Ladien v Presence, ongoing CRIMINAL behavior including the deliberate OBSTRUCTION OF JUSTICE and cover-up of
MANSLAUGHTER and MURDER ONE, are specific Causes of Action that override the scope of ‘sovereign immunity’.”
559. Case Summary:
Bonita L Welch as plaintiff-employee, sued the defendants, Illinois state Supreme Court and Supreme Court justices,
alleging breach of contract and age and sex discrimination. The Circuit Court of LaSalle County (Illinois) granted a motion
to dismiss filed by state Supreme Court and Supreme Court Justice. Plaintiff Welch appealed.
--Although a claim of MALICE could have been brought in the Circuit Court, employee had not pled the specific facts
needed to take her claim outside of the scope of sovereign immunity.
560. While in the case of Welch, no “cause of action” could be stated that would override the state lawsuit
immunity act, in Ladien v Presence, ongoing CRIMINAL behavior including the deliberate OBSTRUCTION OF JUSTICE
and cover-up of MANSLAUGHTER and MURDER ONE, are specific Causes of Action that override the scope of
“sovereign immunity” outlined in 745 Ill. Comp. Stat. as is the Malice shown by SJAIL in its WRONGFUL
HARASSMENT/TERMINATION of Dr. Ladien for his WHISTLEBLOWING activities in defense of Sylvia.
561. Dr. Ladien’s WHISTLEBLOWING activities in defense of Sylvia are also protected under 42 USCS 1983. As
previously noted.
5 Protected Rights Under SS 1983 Supersede Even Limited “Prosecutorial Immunity.”
Johnson v Supreme Court of Illinois, 165 F.3d 1140 (7 th Cir.), cert. Denied, 528 U. S. 916 (1999)
“Feldman itself held that challenges to the rules used for licensure discipline attorneys MAY BE CONTESTED under SS
1983 if they are separable from the decision in an individual licensing or disciplinary case.”
562. Case Summary:
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David Johnson, plaintiff-appellant, appealed judgment from the US District Court for the Northern District of Illinois,
Eastern division, finding that defendants were entitled to absolute prosecutorial immunity in plaintiff’s action claiming that
his disbarment violated his civil rights under 42 US CS 1983.
--The Court of Appeals vacated the judgment and ordered that the case be dismissed because the inferior federal courts
lacked jurisdiction to review judicial actions of the state Supreme Courts.
--As to the issue of “absolute prosecutorial immunity,” the court wrote that “that conclusion is difficult to sustain, for
neither the clerk nor the director is a “prosecutor,” and many of the acts Johnson seeks to question occurred before the
disbarment proceedings commenced.” It was decided, however, that deciding this issue was “unnecessary,” because “the
suit does not come within the federal jurisdiction in the first place.”
Rooker-Feldman Doctrine “eliminates most avenues of attack on attorney discipline.— But “Feldman itself held that
challenges to the rules used for licensure discipline attorneys MAY BE CONTESTED under SS 1983 if they are separable
from the decision in an individual licensing or disciplinary case (see Buckley v Illinois judicial inquiry Board, 997 F.2d 224,
227 (7th Cir. 1993), but Johnson does not contend that any discrete rule adopted by Illinois violates the Constitution; instead
he seeks damages on account of the outcome of this particular case, the core of the Rooker-Feldman doctrine.
--Cf. also “To survive a motion to dismiss under rule 12(b)(6), a plaintiff’s complaint must plead some facts that suggests a
right to relief that is beyond the “speculative” level. Specific facts are not necessary; the statement need only give the
defendant’s fair notice of what the claim is, and the grounds upon which it rests.”
reening v Moran, 953F.2d 301, 304 (7th cir. 1977)
-- cf. also O’Brien v registration and attorney disciplinary commission of the Supreme Court
563. Thus, while Johnson may not have contended that any discrete rule adopted by Illinois concerning his case
violated the Constitution, in Ladien v Presence, Dr. Ladien notes MULTIPLE SPECIFIC PROTECTED RIGHTS UNDER
SS 1983.
564. These specific protected rights under SS 1983 SUPERCEDE any even limited “prosecutorial immunity” as
discussed in Johnson and elsewhere by Duncan.
6 Legislative INTENT: Protection from “Harassment” v Protection of Criminal Behavior.
Imbler v Pachtman, 424 U.S. 409 (1976)-- “absolute prosecutorial immunity” v “sovereign immunity”
--“explains” that “absolute prosecutorial immunity” was “necessary” “to protect prosecutors against the harassment of
unfounded litigation.”
“Again, the INTENT of the concept of “absolute immunity” is to protect prosecutors in the pursuit of their appropriate
duties. But it is NOT THE INTENT to grant such “immunity” as a means to obstruct justice or deliberately cover-up
CRIMINAL behavior as in the case with Mayor Daley’s nephew.”
--The court…. also noted that respondent’s activities here were intimately associated with the judicial process, and declined
to hold whether immunity also applied to a prosecutor’s role as an administrator or investigative officer.
--This Ruling does NOT in any way suggest the INTENT to condone the cover-up of criminal conduct or the deliberate
MISUSE of such “prosecutorial immunity” to aid and abet in the OBSTRUCTION OF JUSTICE as was recently seen in the
case of Mayor Daley’s nephew avoiding indictment, let alone a trial, for almost 9 ½ YEARS!
565. Case Summary:
-- Imbler was a petitioner who challenged the decision of the United States Court of Appeals for the Ninth Circuit, which
held that the respondent prosecutor was immune from liability under 42 US CS 1983 for his role in the petitioner’s
conviction for murder that was later vacated on a habeas corpus petition.
--The Supreme Court held that public policy required that prosecutors, in initiating the prosecution and presenting a state’s
case, enjoy the same absolute immunity in civil liability under SS 1983 that they had in common law and malicious
prosecution suits.
--The court stated that qualified immunity can only have an adverse effect upon the function of the criminal justice system,
but also noted that respondent’s activities here were intimately associated with the judicial process, and declined to hold
whether immunity also applied to a prosecutor’s role as an administrator or investigative officer.
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566. Thus, charges of NEGLIGENT SUPERVISION against ARDC and all other “supervisors” involved in this
case can and SHOULD move forward. DISCOVERY and a full INVESTIGATION into the actual facts and circumstances
of Sylvia’s WRONGFUL DEATH is not only appropriate, it is ESSENTIAL if true JUSTICE is to be done and the system
is to be truly FIXED ONCE AND FOR ALL.
567. Note: Again, the INTENT of the concept of “absolute immunity” is to protect prosecutors in their cars of their
appropriate duties. But it is NOT THE INTENT to grant such “immunity” as a means to obstruct justice or deliberately
cover-up CRIMINAL behavior as in the case with Mayor Daley’s nephew.
-- While police and individuals in the state’s attorney and Atty. Gen.’s office may or may not ever “see justice” due to the
statute of limitations issues (i.e., > 9 YEARS until Vanecko was even charged), the investigation into the WRONGFUL
DEATH of Sylvia (ie, MANSLAUGHTER and MURDER ONE) will proceed in a much more TIMELY fashion despite the
best efforts of SJAIL et al to continue to OBSTRUCT JUSTICE.
7 Depravation of Constitutionally Protected Rights “By Government Policy or Custom.”
Weimann v County of Kane, 150 Ill. App.3d 962, 502 N.E.2d 373 (2d dist. 1986)
--applies doctrine of “prosecutorial immunity, in-state-court litigation
It is only through full DISCOVERY and a thorough INVESTIGATION of the FACTS of this case that this
“governmental policy or custom” of arbitrarily and capriciously, ignoring constitutionally protected rights can be overcome,
both NOW and in the future
568. Case Summary:
-- Stephen Weimann was arrested, charged with forgery, and imprisoned for over a month although witnesses were unable
to identify him at lineups. The claimant asserted that there was no probable cause for his arrest and detention and as there
was no evidence that he committed the crime.
--Concerning the claimants 42 US CS 1983 claims, the court reasoned that “it was necessary for claimant to allege both
deprivation of a constitutionally protected right and that the deprivation was caused by a government policy or custom.”
--The court held that the claimant failed to allege sufficient facts to support an inference that he was unlawfully detained as
a result of some policy by the county; therefore, no SS 1983 claim was made out.
--Concerning the claimants “false imprisonment” claim, the court reasoned that the claimant’s jailers “had no authority to
release the claimant absent a court order” and that “the prosecutors enjoyed prosecutorial immunity” and were not subject to
liability
569. Note: As affirmed by Deanna Zuver, the assistant director of the Executive Office of the Inspector General for
Illinois, “There are significant penalties for the violation of WHISTLEBLOWER protection laws.” Therefore, unlike in the
case of Weimann v County of Kane, Dr. Ladien and Sylvia have suffered specific violations of their constitutionally
protected rights and ARDC, IDPH, EOIG and Gov. Quinn himself have all been NEGLIGENT in their SUPERVISION of
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their employees and/or their “designated supervisees” (eg, lawyers in the case of the ARDC, physicians and HCOs in the
case of IDPH and ARDC, IDPH and Gov. Quinn and his office in the case of the EOIG).
570. Dr. Ladien again further specifically contends that this NEGLIGENT SUPERVISION of state and federal
governmental agencies is specifically “caused by a government policy or custom” that avoids the routine and thorough full
INVESTIGATION of complaints deemed “politically sensitive” or that in some other way might “rock the boat” of
established practices. Thus, to date, the much delayed investigation into Mayor Daley’s nephew and the multiple levels of
government agencies involved is very much the EXCEPTION currently although, over time, with Chicago-BAJE such
investigations would become the RULE.
571. It is only through full DISCOVERY and a thorough INVESTIGATION of the FACTS of this case that this
“governmental policy or custom” of arbitrarily and capriciously, ignoring constitutionally protected rights can be overcome,
both NOW and in the future
8 “Proper” v “Improper 42 USCS 1983 Constitutionally Protected Claims—Decisions for Judges AND Juries
Green v State Bar of Texas, 27 F.3d 1083 (5 th cir. 1994)
“Thus, although the court held that the defendants had “prosecutorial immunity” in this case, this was based upon their
finding that the plaintiff’s 42 US CS 1983 claims were “improper.” The court did NOT state that “prosecutorial immunity”
would exist where SS 1983 claims were, indeed, proper.”
572. Case Summary:--applying “prosecutorial immunity” in suit against disciplinary prosecutor
-- Benny Green, the/B/A Eagle consulting firm, was an appellate insurance adjuster who challenged an order from the
United States District Court for the Northern District of Texas which granted a motion to dismiss that was filed by the
defendants, three insurance companies the Texas unauthorized practice of law committee(UPLC) and its chairman.
-- The adjuster-plaintiff filed suit against defendants, alleging they had violated 42 US CS 1983 by discriminating against
him, upon race, which affected his right to make and enforce contracts.
-- On appeal, the court found that the adjuster had failed to allege facts showing that the insurance companies had
discriminated against him or refused to contract with him or somehow impeded his right to enforce a contract in either the
courts or nonjudicial avenues.
573. Thus, although the court held that the defendants had “prosecutorial immunity” in this case, this was based
upon their finding that the plaintiff’s 42 US CS 1983 claims were “improper.”
574. The court did NOT state that “prosecutorial immunity” would exist where SS 1983 claims were proper.
575. At the end of the day, deciding whether the 1983 claims raised by Dr. Ladien and Sylvia are proper should
depend FIRST on a full DISCOVERY and INVESTIGATION into the FACTS of the case and THEN a determination by a
Judge AND a JURY should be made.
576. Again, just as physicians did not know that they had a DUTY TO WARN patients concerning possible danger
before Tarasoff, determining whether a constitutionally protected right is involved or not in this case should first depend on
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the FACTS as determined through discovery and then, on the JUDGMENT of a Judge AND a jury based on having
available ALL of the facts relevant in the case.
9 “Except As Otherwise Provided by Statute…”
Mora v State, 68 Ill.2d 223, 234, 369 N.E.2d 868 (1977)
“While the Mora case may provide some state officials and employees some immunity for some activities, the court
explicitly notes that such immunity is LIMITED ‘as otherwise provided by Statute’.”
577. Case Summary:
-- “public official immunity” for “discretionary act” in determining not to proceed on the basis of plaintiff’s grievances
-- Plaintiff, Ronald Mora et al. filed a negligence suit against the State of Illinois et al. following an automobile accident on
a state highway.
-- The court affirmed orders of the lower court, which dismissed. Defendant, State from plaintiff injured passengers’
negligence suit and granted defendants, count tractors and state employees directed verdicts including that state employee
was immune from liability for his discretionary decisions in maintaining the state highways.
578.
While the Mora case may provide some state officials and employees some immunity for some activities,
the court explicitly notes that such immunity is LIMITED “as otherwise provided by Statute.”
579. Again, 42 USCS 1983 and among multiple other state and federal laws SHOULD have PROTECTED. Sylvia
from her thoroughly avoidable WRONGFUL DEATH (MANSLAUGHTER/MURDER ONE).
580. Similarly, these and ILCS 45/3-810 SHOULD have PROTECTED. Dr. Ladien in his WHISTLEBLOWING
activities desperately trying to SAVE Sylvia.
581. Thus, Dr. Ladien and Sylvia again, explicitly claim protection under these and related state and federal laws
that SUPERCEDE any claims of “official immunity.”
582. Two other specific cases NOT mentioned by Duncan, but relevant to the current discussion include both
Heckler v Chaney (1985) and Beaman v Souk (2012), as follows:
10 INTENT Rules Supreme.
Heckler v Chaney 470 US 821; 105 S. Ct. 1649; 84 L. Ed. 2d 714 (1985)
“Again, the INTENT of the legislature, either state or federal, is absolutely relevant to determining the appropriateness of
“prosecutorial discretion” and “prosecutorial immunity.”
583. Case Summary:
Petitioner Heckler, Sec. of Health and Human Services sought a review of a judgment of the US Court of Appeals for the
District of Columbia circuit ruling against the food and drug administration (FDA) in a suit by respondent inmates who had
been sentenced to death by lethal injections.
The Court of Appeals reversed the ruling, holding the FDA’s refusal to take enforcement action was both
REVIEWABLE and an ABUSE of DISCRETION, and remanded the case with direction that the FDA be required “to fulfill
its statutory function.”
The Supreme Court reversed, finding that the discretion or enforcement provisions of the FTCA did not overcome the
presumption of non-review ability under the APA.
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--Dr. Ladien discussion:
584. While thus upholding the general principle of “prosecutorial discretion,” the Supreme Court specifically noted
that:
“If Congress has indicated an INTENT to circumscribe agency enforcement discretion, and has provided MEANINGFUL
STANDARDS for defining the limits of that discretion, there is “law to apply.” Under 5 USCS SS 701(a)(2), and courts
may require that the agency follow that law; if it has not, then an agency refusal to institute proceedings is a decision
“committed to agency discretion by law” within the meeting of that section.”
585. Thus, again, the INTENT of the legislature, either state or federal, is absolutely relevant to determining the
appropriateness of “prosecutorial discretion” and “prosecutorial immunity.”
586. Simply put, again, NO legislature, either state OR federal, in the writing of US CS 1983 or
WHISTLEBLOWER protection laws ever had the INTENT for supervising agencies to NOT investigate thoroughly even
possible wrongdoing, let alone clearly CRIMINAL conduct, such as is involved in the WRONGFUL DEATH of Sylvia and
the WRONGFUL HARASSMENT/TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE
Sylvia.
11 “Proper Scope of Official Authority” v “Malicious Motives.”
Beaman v Souk 863 F. Supp. 2d 752 (2012)
“Public official immunity shields a public official from liability only to the extent that his actions fall within the scope of the
official’s authority and are not the result of malicious motives.”
“To survive a motion to dismiss under rule 12(b)(6), a plaintiff’s complaint must plead some facts that suggests a right to
relief that is beyond the “speculative” level. Specific facts are not necessary; the statement need only give the defendant’s
fair notice of what the claim is, and the grounds upon which it rests.”
587. Case Summary:
Alan Beaman, plaintiff, in 1995, was convicted and sentenced to 50 years of incarceration for first-degree murder in the
1993 death of Jennifer Lockmiller. Beaman, an ex-boyfriend of Lockmiller, was deliberately never told by the prosecutors
that Lockmiller had a separate ex-boyfriend who had sold her drugs for which she owed him money, that the ex-boyfriend
was he evasive and nervous during interviews with police, had no alibi for the time of the murder, had failed to complete a
polygraph examination and had been arrested for domestic battery of his current girlfriend.
Beaman alleged that the defendants had acted “individually, jointly, and in conspiracy” by withholding information
about this alternative suspect from him at the time of his trial.
The courts ruled that the defendant’s motion to dismiss the “malicious prosecution,” and” civil conspiracy,” claims was
denied because the prosecutor and other Defendants were not entitled to ABSOLUTE IMMUNITY….“
The court ruled that “public official immunity shields a public official from liability only to the extent that his actions fall
within the scope of the official’s authority and are not the result of malicious motives.”
The court also noted that “To survive a motion to dismiss under rule 12(b)(6), a plaintiff’s complaint must plead some
facts that suggests a right to relief that is beyond the “speculative” level. Specific facts are not necessary; the statement need
only give the defendant’s fair notice of what the claim is, and the grounds upon which it rests.”—Amen.
588. Thus, as also noted in Anderson discussed above, there is a deliberately “high bar” to dismissing a claim of a
plaintiff ESPECIALLY where there is potential malfeasance and nonfeasance by public officials as well as others.
589. There is simply NO DISPUTE that the defendants, SJAIL, in this case with DELIBERATE
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RECKLESSNESS (or worse) WILLFULLY and WANTONLY change Sylvia’s Advance Directive to be FULL CODE
without seeking judicial review, despite KNOWING full well of her diminished decisional capacity following an iatrogenic
stroke at SJH in November, 2011.
590. There is simply NO DISPUTE that the defendants, SJAIL, along with the MEC literally stood by and watched
for SEVEN DAYS while Sylvia slowly drowned to death on her own secretions.
591. As SJAIL clearly had the MEANS, MOTIVES and OPPORTUNITY to want (INTEND), Sylvia, to be DEAD
to avoid criminal prosecution for their misdeeds, clearly these matters could, should, and MUST BE INVESTIGATED if
the clear and other FAILURES in the current system are to be FIXED and PREVENTED in that the future.
592. To the extent that ALL of the public officials named as defendants in this case have been absolutely
NEGLIGENT in their SUPERVISION of SJAIL and related parties, they have an absolute DUTY to INVESTIGATE these
matters or face potential criminal prosecution themselves for nonfeasance.
593. It is for these reasons that Dr. Ladien specifically requests that full DISCOVERY is FINALLY known in this
case. As a first essential step towards FIXING OF the SYSTEM ONCE AND FOR ALL.
594. Again, if Cardinal George refuses to fully INVESTIGATE these matters. Consistent with cannon law 1717,
then Dr. Ladien requests that Judge Allen referred to these matters to the appropriate legal authorities so that a FULL
FORENSIC RICO investigation can move forward, including the appointment of a SPECIAL PROSECUTOR. If this is
necessary for this goal to be accomplished.
595. Dr. Ladien continues to prefer that the Canon law investigation move forward FIRST, while all legal issues,
including the civil case and the illegal report to the National Physician’s Data Bank (NPDB) are placed on HOLD.
596. Consistent with Rule 20,01 of the Cook County Rules of Court, Dr. Ladien , yet again, requests that Judge
Allen. Simply mandate. “Court-assisted mediation” and/or ALTERNATIVE DISPUTE RESOLUTION (ADR) as a means
of seeking of a positive and loving win-win, out-of-court resolution of these matters.
597. In the absence of such a canon law investigation and/or mediated resolution, Dr. Ladien would again request
that DISCOVERY move forward, along with the referral by Judge Allen to the appropriate authorities for a full forensic
RICO investigation into these matters to proceed.
598. It is PRECISELY the fact that a Canon law 1717 investigative process could allow the Sister/Owners of
Presence as well as the Church and Cardinal George to finally KNOW the TRUTH concerning these matters and help to
FIX THE SYSTEM that could make this a significant MITIGATING factor in any future forensic investigations that
specifically appeals to both Dr. Ladien and Sylvia.
599. Indeed, it was, again precisely to Save Our Sisters and protect the Church that Dr. Ladien reached out to
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Cardinal George now almost 2 years ago.
600. Again, far from hurting the Sisters, the Church, Cardinal George, the Courts or even Gov. Quinn, Dr. Ladien
wishes to see Presence, IDPH, the courts and Illinois become MODELS FOR THE COUNTRY in highly humane and costeffective PREVENTIVE MEDICINE that SAVES both money and lives in the process.
601. With the assistance of Dorothy Brown along with Judges Allen, Jacobius and Evans, the Chicago-BAJE WinWin Mediation BEFORE Lose-Lose Litigation (WWMBL3) Paradigm can be “something very GOOD” that can, of
“something very Bad” in this situation that can be good PREVENTIVE MEDICINE for Illinois, the Country and, over time,
even the entire world.
KLARDCCases4Feb14
Y. Duty to Warn/Duty to REPORT—Expanding the Tarasoff Model to Law.
“Paragraph (b)(2) is a limited EXCEPTION to the rule of confidentiality that permits the lawyer to reveal information to the
extent necessary to enable affected persons or appropriate authorities to prevent the client from COMMITTING FRAUD, as
defined in Rule 1.0 (d), that is reasonably certain to result in SUBSTANTIAL INJURY to the financial or property interests
of another and in furtherance of which the client has used or is using the lawyer services. Such a serious abuse of the clientlawyer relationship by the client forfeits the protection of this Rule.” --Illinois Supreme Court Rules of Professional
Conduct, Rule 1.6, Comment 7.
“Catholic health care organizations are NOT permitted to engage in immediate material cooperation in actions that are
intrinsically immoral”-- Ethical and Religious Directives of the US Conference of Catholic Bishops.
602.
Equal and reciprocal to the concept of “prosecutorial immunity,” is the concept of
INDIVIDUAL RESPONSIBILITY.
603. As noted above, for many years, it has been part of the Illinois Rules of Professional
Conduct that individual lawyers have the DUTY, not only to avoid participation in CRIMINAL
behavior, but to actually REPORT such behavior to the appropriate authorities when they cannot get
the individuals involved to STOP the behavior.
604. In this sense, much as with the physicians “DUTY TO WARN,” this responsibility is
already part of the legal. But, much as is noted in Hamlet, “It is more often honored in the breach, and
in the observance.”
605. In many ways, it was not until a JURY “TOLD” physicians, the court and everyone else in
the Tarasoff case that they must take this, “duty to warn” seriously, that this principle over time, both
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from a simple court “precedent” to a matter of common law, incorporated into legislation literally
around the country.
606. It is PRECISELY, by having full DISCOVERY and a full INVESTIGATION into ALL of
the FACTS of this case that, ultimately, a JURY can decide that a DUTY TO REPORT
WRONGDOING for ALL lawyers (and ALL public officials) means, just EXACTLY what it has
always said. And a new day will have dawned upon the earth from this day going forward.
607. THIS is PRECISELY the POWER of the PEOPLE in a true DEMOCRACY working
TOGETHER in order “to establish a more perfect union.” Who would have thunk it so? God bless
America.
608. At each and every level of government, from the Chicago Police Department and the states
attorney’s office to the legal consul for IDPH (Jason Boltz) to Gov. Quinn himself, by the lawyers
involved in these matters simply understanding their personal responsibility to uphold justice and the
law could go a long way towards PREVENTING abuses of power in the future.
609. Having said this, however, Lord Acton was all too correct in noting that “Power corrupts
and absolute power corrupts absolutely.”
610. It is PRECISELY to AVOID even the temptation to abuse power that checks and balances
are fundamental in any truly democratic system.
Z. RICO—Institutional Patterns—“Don’t Rock the Boat. Don’t Back No Losers.”
611.
The well-beloved professor of political science at the University of Illinois in the 1970s,
Milton Rakov, used to revel in telling stories about “corruption” in the Chicago patronage system going
back basically to the founding of the city.
612. The above quote simply helps to encapsulate these institutional patterns of thinking quite
literally, often passed down from generation to generation in the patronage system.
613. Sadly, however, there is nothing particularly unique about Chicago when it comes to the
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abuse of power.
614. What can be truly unique, however, is that, by implementing the Chicago-BAJE Win-Win
Mediation BEFORE Lose-Lose Litigation (WWMBL3) Paradigm, Chicago could, quite literally,
become a MODEL for not only the COUNTRY, but, over time, the entire world.
615. When integrated into the Investigate, Fix and PREVENT (IF-PREVENT) and Super-EPIC
programs, “cyber-law” could, in fact, provide to TRANSPARENCY, CONSISTENCY and FAIRNESS
in institutions, both in Illinois and far beyond.
616. While a full forensic RICO-style investigation into the institutional patterns of behavior
leading not only to the WRONGFUL DEATH of Sylvia, but it’s cover-up as well, could help as an
important first step in Investigating and Fixing the current system, it is only by ultimately incorporating
the Chicago-BAJE model moving forward that we can hope to truly PREVENT such abuses of power
in the future.
Section VI—Cover-Ups, Wrongful Harassment and Negligent Supervision
--Arrogance, Stupidity and Systematic Abuse of Power (ASSs) on Trial--Literally
AA—NEGLIGENT SUPERVION OF HIGHLY DYSFUNCTION AND PATHOLOGICAL
SYSTEMS—PAST PATTERNS OF ENABLING ABUSE AND NEGLECT
St. Mary Hospital—Kankakee: “We don’t want to be known as `the Black Hospital’.”
1. Safe Haven: “Towards a Gang-Free, Drug-Free, Full-Employment in America by 2000.”
“A PENNY OF PREVENTION IS WORTH A DOLLAR OF CURE.”
617.
In 1983, as is second-year medical student at Rush, Dr. Ladien was one of 12 semifinalist in HHS’s
“Innovations in Health Care” for Dr. Ladien’s paper “Workfare Interventions in the Welfare Cycle.” Much as with
FDR’s CCC and WPA, a Community Service Corps (CSC) was meant to break the cycles of gangs, drugs, abuse and
Joblessness by helping to guarantee “Jobs, Not Subsidies” in the private and public sectors. Even then, the motto of Dr.
Ladien’s Safe Haven work was “A PENNY OF PREVENTION IS WORTH A DOLLAR OF CURE.”
618.
Finishing two years of psychiatric residency at Loyola followed by a year-long Child Fellowship at the
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Institute for Juvenile Research (IJR) at the University of Illinois in Chicago (UIC), Dr. Ladien’s first official job as a
physician was as Medical Director for the Department of Psychiatry at Morris Hospital. Dr. Ladien’s first official act ever as
a physician and Medical Director was to cut his salary in half and share his job with another Loyola graduate and friend so
that he would have more time to work on Safe Haven.
619.
Over 20 years ago, after finishing his residency and a pilot program of Safe Haven at the Lathrop Homes
housing project in Chicago, in 1992 Dr. Ladien applied to HHS to do a Safe Haven-Illinois demonstration program which
would, in time, encompass the entire State. Thus, Illinois was to become the national demonstration State before working on
the national implementation of a “gang-free, drug-free, full employment economy in America by the year 2000.”
620.
As noted in Dr. Ladien’s Safe Haven book, with this above goal as its subtitle, in addition to getting letters
of support for Safe Haven from all of the appropriate State agencies, everyone from Gov. Edgar to Senator Carol Mosely
Braun wrote letters demonstrating broad BIPARTISAN support for these initiatives. Thus, 10 years of very hard work were
set to have their implementation first in Illinois and then, over a period of seven years, across the Country. As Dr. Ladien
Stated at the end of his introduction to Safe Haven at the time, “We have only seven years left and not a second to lose.”
2 Safe Haven-Kankakee (SH-K3), St. Mary’s Hospital (SMH). Gary McDougal and ASSs.
“Dr. Ladien may implement his Safe Haven programs with the full support and approval of SMH.”
621.
While in 1992, HHS had been very positive about Dr. Ladien’s proposals, their one concern was that Dr.
Ladien did not have “institutional partners” as part of his original demonstration program (another story for another day).
While Dr. Ladien was in the process of reaching out to UIC and/or the University of Chicago to “partner” with his updated
Safe Haven proposal to HHS, in late 1992 Dr. Ladien got a call asking if he wanted to be a Medical Director for St. Mary
Hospital’s (SMH) Department of Psychiatry in Kankakee.
622.
Without hesitation, Dr. Ladien’s immediate response to this headhunter was a flat “NO!” But when Dr.
Ladien explained his plans for implementing a large-scale Safe Haven program, the headhunter convinced him that
Kankakee would be the perfect place for a mid-size demonstration program. Thus, on 12/15/92, Dr. Ladien signed a
contract that explicitly allowed him to work on the implementation of Safe Haven throughout Kankakee and surrounding
counties “with the support and approval of SMH” as noted above.
623.
As fate would have it, just a week after signing his contract with SMH, Gary McDougal out of the blue
called asking for Dr. Ladien’s assistance in his plans to implement a $3 million Casey Foundation grant to set up various
prevention-oriented programs throughout Illinois. Although Dr. Ladien was dearly tempted to work directly with McDougal
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on these programs Dr. Ladien explained to go his plans for a Safe Haven demonstration program throughout Kankakee
County and the surrounding area. As an added bonus, since Safe Haven could actually SAVE significant amounts of tax
dollars in the process, Dr. Ladien suggested to Gary that if the Safe Haven demonstration program were set up properly, we
might not even need outside funding for the program to be self-sustaining.
624.
McDougal, an engineer by background, made his fortune by building and then selling an electronics
company. McDougal had almost been appointed as Secretary of HHS by George Bush Sr. (39) but, at the last minute, for
political “considerations,” this job went to Louis Sullivan instead. Nonetheless, with McDougal’s direct connections with
both George Bush 39 and 41 (Cf Safe Haven) and with Gov. Edgar, there was every chance in the World that the programs
that was implemented in Kankakee could, over time, be replicated first across the State and then across the Country.
625.
Thus, with Gary McDougal’s understanding and blessing, Dr. Ladien “kept the day job” at SMH and
began to set the institutional groundwork for a County-wide Safe Haven demonstration program to be at least partially
implemented still during 1993. Later, as was understood with McDougal, after Safe Haven had liability in achieving its
target goals in a highly positive-effective manner, he and Dr. Ladien could “link forces” with McDougal’s planned seven
Casey foundation demonstration sites to expand the Safe Haven model Statewide and then nationwide over the next several
years.
626.
While, as noted above, by 1992 Dr. Ladien had letters of support from all of the major State officials and
social service agencies, immediately upon starting work at SMH in January, 1993, Dr. Ladien began to set up meetings with
everyone from the Mayor and school Board president to the chairman of the County Board and State’s attorney for
Kankakee County along with many, many others.
627.
Over the next seven months, as is demonstrated in the Appendix to Dr. Ladien’s Safe Haven book, Dr.
Ladien worked easily 80 hours a week between his responsibilities at SMH and reaching out to local community leaders to
get letters of support for a County-wide Safe Haven demonstration program.
628.
Unfortunately, all of these years of work going back actually much earlier than 1983 (cf 3/29/13 letter to
Cardinal George), were about to come to a crashing halt NOT because of any problems with the ideas and principles
underlying Safe Haven but sadly, directly due to the effects of Arrogance, Stupidity and Systematic Abuse of Power (ASSs)
rearing its ugly head, yet again, in Kankakee.
3. “The Black Hospital-- The beginning of the end for Safe Haven.
“We don’t want to be known as `the Black Hospital’.”—CEO, SMH
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629. Through very hard, but gratifying work Dr. Ladien was able to again achieve broad BIPARTISAN support for
his Safe Haven initiatives from everyone from the Mayor and the County Board Chairman to the Kankakee Chamber of
Commerce and many local businesses to many of the local Churches and even the Kankakee County NAACP. Even
Kankakee’s newspaper printed articles and editorials in support of Safe Haven.
630.
In the first several months of Dr. Ladien’s work in Kankakee, SMH’s CEO was extremely supportive and
enthusiastic about Dr. Ladien’s activities. In addition to the obvious broad bipartisan support for Safe Haven, Dr. Ladien
was significantly increasing the number of patients using the St. Mary’s psychiatric programs. In addition to traditional inpatient programs, Dr. Ladien was beginning to lay out the foundation for after-school programs for at-risk youth and their
families and even EAP programs for local businesses.
631.
When Dr. Ladien first came down to Kankakee, because he had always intended to implement programs in
Chicago as well, Dr. Ladien kept his house in Chicago. Directly because of Dr. Ladien’s years of work on Safe Haven, he
did not have a great deal of “extra” money just lying around. Therefore, Dr. Ladien bought a very nice but small house
nearby to SMH. Dr. Ladien had been quite taken aback when, shortly after his arrival, SMH’s CEO privately asked him
“Why did you buy a house in THAT neighborhood?” Dr. Ladien simply replied that his small house was adequate to his
modest needs and close to the Hospital and left it at that.
632.
While the neighborhood Dr. Ladien had moved into happened to have a large number of African Americans
in it, it didn’t even occur to Dr. Ladien that this could somehow be a “problem” in any way to anyone. It was not until early
August that Dr. Ladien found out how wrong he could be.
633.
After being praised for several months in a row for the steadily increasing business that Dr. Ladien was
bringing into SMH’s Department of Psychiatry, suddenly by the beginning of August, the story became much different.
Because, by definition, Dr. Ladien’s work on Safe Haven, at least in its initial stages, involved primarily poor people,
SMH’s CEO happened to finally realize that a large number of these “new” patients were on Medicaid instead of Medicare
or private insurance.
634.
Dr. Ladien pointed out to the CEO that, by partnering with Kankakee County’s local businesses, in addition
to EAP programs, we could offer HMO-products that could bring in precisely the sort of insurance-based patients he was
talking about in the future--greatly benefiting SMH as well as everyone else in a win-win way. It was only when the CEO
replied that “We don’t want to be known as the `Black Hospital’ that it became clear that the focus of his concern had far
more to do with race than economics.
635.
Based directly on what the CEO was saying, Dr. Ladien immediately offered to resign as the Medical
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Director for Psychiatry at SMH. Instead of simply agreeing to Dr. Ladien’s offer, the CEO “reminded” Dr. Ladien that he
had a three-year contract with SMH and he would sue Dr. Ladien if he simply tried to move his practice and Safe Haven
programs to Riverside medical Center (RMC) which was, ironically, in the process of developing a relation with Dr.
Ladien’s medical school alma mater, Rush, in Chicago. But when Dr. Ladien told the CEO that he would see him in court,
the CEO went about the Arrogance, Stupidity and Systematic Abuse of Power common to ASSs everywhere.
4. “Sterilizing” Teenagers and “Tattooing” AIDS Patients--“Safe Haven is Dead.”
“As one highly-placed, very knowledgeable and well-meaning official explained, `Safe Haven is DEAD’.”
636.
The CEO of SMH was now in a “bind.” While he clearly did not wish me to remain at SMH, he equally
clearly knew that Dr. Ladien would sue him and SMH if he in any way tried to interfere with the implementation of Safe
Haven in Kankakee as Dr. Ladien had intentionally had written into his contract. Thus, as consistent with ASSs everywhere,
instead of doing the right and honorable thing, the CEO simply set out to “destroy” both Dr. Ladien professionally and his
Safe Haven program.
637.
Just after Dr. Ladien’s meeting with the CEO of SMH, in early August 1993, Dr. Ladien was scheduled to
give a presentation before the Kankakee school Board as the final step in the process of beginning a series of afterschool
programs for at-risk youth and their families which Dr. Ladien had already begun to pilot tested at SMH. At literally the last
minute before Dr. Ladien was to speak, the superintendent of the school Board told Dr. Ladien that he would not be
“allowed” to make his presentation at this public meeting
638.
As both the school Board superintendent and her husband (the Mayor) had both signed strong letters of
support for Safe Haven, Dr. Ladien immediately asked them what was the problem. The Mayor, speaking for them both,
brusquely said “We don’t believe in sterilizing teenagers and tattooing AIDS patients.” While Dr. Ladien was stunned by
what they were saying, Dr. Ladien immediately agreed that he didn’t believe in these things either. When Dr. Ladien asked
them where they had gotten the idea that he would advocate such things, it was no surprise that this was a defamation
campaign that had been directly orchestrated by the CEO of SMH.
639.
When Dr. Ladien went the next day to the CEO of SMH to resign, he was handed a letter stating that his
services had been “terminated.” While RMC was willing to allow me to practice there, for obvious “political” as well as
legal reasons, they could not become an institutional “partner” for Dr. Ladien’s Safe Haven programs. Similarly, all of the
elected officials who had signed letters of support in Kankakee along with those at the State level all also suddenly “backed
away” from their support for Safe Haven.
640.
When Dr. Ladien spoke directly to Gary McDougal about the situation, he acknowledged that he, too, had
gotten calls from people representing SMH’s CEO urging him to NOT support Safe Haven and repeating the libel noted
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above. Try as Dr. Ladien might, the entire elite of Kankakee decision-makers had been turned by the efforts of SMH’s
CEO. As one highly-placed, very knowledgeable and well-meaning official explained, “Safe Haven is DEAD.” Try as Dr.
Ladien might, some 20 years later, the ASSs still have “won” this fight.
5. Suing SMH-- A cautionary tale.—Learning from History—or Not.
“All it takes for evil to prevail is for good people to do nothing.”-- Edmund Burke
641.
Although when the events at SMH occurred Dr. Ladien did speak briefly with the nun representing the
Sisters of Nazareth at SMH and, later, even reached out to Bishop Imish’s office, he was quite surprised that members of
the Church, who Dr. Ladien believed to be ethical people, simply refused to help in the matter in any way. While this was
very sad to me, at the time Dr. Ladien simply accepted this as it was and moved on.
642.
In spite of Dr. Ladien’s having no money to his name and quickly going deeper into debt, one brave and
kind lawyer in Kankakee took pity on him and agreed to take Dr. Ladien’s case “on contingency.” While it took 13 years,
including two Judges dying and a mistrial, at the end of the entire process, the only question the jury had was “Can we give
Dr. Ladien more money?” While the answer was a resounding YES, because of Dr. Ladien’s lawyer’s years of help and
friendship, on the advice of his beloved wife, Sylvia, Dr. Ladien simply “let the matter go” so that his long-suffering lawyer
could have the money that he very much needed to sustain his practice.
643. Thus, while Dr. Ladien could have easily continued on with the case, he agreed to settle it for a fraction of
its value out of a sense of Ethics and Loyalty to a dear and long-suffering friend. The sad fact of the matter was, however,
that the costs to society of NOT having these Safe Haven programs in place for all of these many years is, in fact,
incalculable and the worst crime of all—next to the WRONGFUL DEATH of Sylvia.
644.
Simply put, as Edmund Burke wrote so many years ago, “All it takes for evil to prevail is for good people
to do nothing.” Yet neither SMH nor the Sisters seem to have learned ANYTHING from this case. Nor were they, perhaps,
even aware of the damage they had wrought or the wrongs that they had done.
645.
But deliberate ignorance is certainly not bliss. And the silence of inaction is rarely a virtue. Just as with any
Arrogance, Stupidity and Systematic Abuse of Power, such “innocence” can, in fact, be the damningly deadly folly of
which the Sisterhood and the Church itself should be forever ashamed.
.
6 The WRONGFUL DEATH of Sylvia and Dr. Ladien’s WRONGFUL HARASSMENT as a WHISTLEBLOWER.
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“What we do know with absolute certainty is that, for whatever reasons, you have now utterly failed for over a year
to follow Cardinal George’s recommendation to meet with the Church’s Chief Conciliatory, Ralph Bonaccorsi and
me to resolve these issues in a loving and positive win-win way.”
646.
From the very beginning of the problems with St. Joseph Administration And Its Lawyers (SJAIL) and
long BEFORE Sylvia’s WRONGFUL DEATH, Dr. Ladien repeatedly reached out to Sandra Bruce and Sister Mary Imler
for help in resolving these matters BEFORE they escalated any further.
647.
While the details of this case are summarized in CME III and IV, it is doubtful that Sister Mary has even
yet read these documents and his multiple letters to her and the MEC. If Sister Mary has “read” these documents, it is even
more doubtful that she has answered the questions in CME I-V as requested and shared her notarized answers with the
Board, let alone with IDPH and JCAHO, as repeatedly requested. (Cf. Criminal Negligence.)
648.
What we do know with absolute certainty is that, for whatever reasons, Sister Mary has now utterly failed
for over a year to follow Cardinal George’s recommendation to meet with the Church’s Chief Conciliatory, Ralph
Bonaccorsi and Dr. Ladien to resolve these issues in a loving and positive win-win way.
649.
And what we also know with absolute certainty is that, had Sister Mary and Sandra Bruce intervened in a
timely fashion to prevent the Arrogance, Stupidity and Systematic Abuses of Power by SJAIL, SYLVIA WOULD BE
ALIVE AND GETTING BETTER TODAY!!! Unfortunately, just as in the case of SMH-K3, Sister Mary and the other
“supervisors” who could have made all of the difference simply sat back and did NOTHING!
650.
And now, over a year and a half after Sylvia’s WRONGFUL DEATH, Sister Mary has by her stunning
silence in essence CONDONED the WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER desperately
trying to save Sylvia’s life. By refusing for over a half a year to meet with IDPH’s chief investigator, Bill Bell, Sister Mary
has also condoned and ENABLED the STONEWALLING by SJAIL of the true facts of this case.
651.
As deliberately reckless behavior leading to the WRONGFUL DEATH of a person is the legal definition of
MANSLAUGHTER, Sister Mary, the MEC and the Boards of both SJH and Presence have, in essence, ENABLED the
ongoing criminal OBSTRUCTION OF JUSTICE concerning these matters.
652.
As SJAIL rightfully feared that, if Sylvia were to “wake up,” they risked losing their jobs, licenses and
even, potentially, their liberty (ie, jail time), they all had the MEANS, MOTIVE and OPPORTUNITY to see Sylvia dead
which constitutes the basis for MURDER ONE (M1) charges against them all.
653.
In writing CME III and IV and his multiple letters to Sister Mary and the MEC, Dr. Ladien was obviously
trying to give them every opportunity possible to simply finally UNDERSTAND the basic facts of this case and encourage
them all to fulfill their fiduciary responsibilities to both Sylvia and him to PROTECT Sylvia as a patient and Dr. Ladien as
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both a loving husband and a WHISTLEBLOWER desperately trying to save Sylvia.
654.
While the MEC had every opportunity in the World to DO THE RIGHT THING (as Sister Mary and the
Boards do now), by simply “blaming the messenger for the message” without ever ONCE in over 20 months having the
decency and intelligence to talk to Dr. Ladien directly, they have now voted themselves from “unknowing” to “knowing”
co-conspirators to both MANSLAUGHTER and MURDER ONE (M!) as well as multiple other civil and criminal offenses
as listed and CME III, Table 1 and 2.
655.
It is now time for Sister Mary and the Boards of both SJH and Presence to decide their own fates as much
as Dr. Ladien’s concerning these matters. Dr. Ladien quite literally prays to God that Sister Mary and all others involved
CHOOSE WISELY.
656.
While the Sisters’ deliberate silence and inaction in the case of St. Mary’s Hospital led to the Wrongful
Death of Safe Haven, their and the Board’s deliberate silence and inaction in the case of St. Joseph Hospital led to the
WRONGFUL DEATH of Dr. Ladien’s beloved Sylvia and the ongoing WRONGFUL HARASSMENT of Dr. Ladien as a
Whistleblower simply for fulfilling his responsibility as a loving husband to protect Sylvia to the absolute best of his
ability.
657.
As Dr. Ladien has said many times before, if Sister Mary and the Boards of Presence and SJH honestly do
NOT know what is absolutely 100% ETHICALLY, PROFESSIONALLY and LEGALLY WRONG with the actions of
SJAIL in this case, then this is exactly why this case will need to go to Court and to the other appropriate State and Federal
authorities for civil and criminal prosecution to the FULL extent of the law.
7. Cardinal Bernadin’s $3M Payoff to Cook and the $119.6 M Jury Award against Kos and the Church.
“Those who do not learn from history are condemned to repeat it.”— George Santayana.
658.
While Cardinal George was appointed by John Paul II to “clean up the mess” in Chicago, it is at this point
completely unclear as to how truly “serious” Cardinal George is about this process. While Cardinal George certainly
immediately did “the right and loving thing” by instructing Ralph Bonacorrsi to reach out to Sister Mary so that they could
TOGETHER seek a positive win-win resolution to these issues, Sister Mary has DELIBERATELY and RECKLESSLY
chosen to ignore Cardinal George’s recommendation now for well over a year.
659.
Similarly, although Cardinal George certainly knows about the $3 million payoff to Steven Cook to buy his
silence about his long-term relation with Cardinal Bernadin, Cardinal George has as yet made no public efforts to “set the
record straight” concerning this or multiple other problems arising from this period. Nor has Cardinal George yet
effectively intervened in the present case. Time is running out.
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660.
While the Church has “learned” finally to properly investigate and report abuse in the Church in some
cases, the ongoing deliberate STONEWALLING and OBSTRUCTION OF JUSTICE in the case of Sylvia’s WRONGFUL
DEATH, clearly shows that the Church has NOT yet fully learned this lesson.
661.
In the case of Father Rudy Kos, not only was he ultimately indicted and sent to jail for life, the entire Dallas
Archdiocese became direct defendants in this case. As one expert witness at the time correctly Stated “I know a Bishop
would lie, and he did.”
662..
When the jury came back with their $119.6 M verdict against Kos and the Church, they were clearly
SENDING A MESSAGE to the Church as much as to individual abusers as such.
663.
In the end, Bishop Michael Sheehan and Bishop Charles Grahmann both publicly apologized for their roles
in covering up the long-term abuse by Father Kos as ordered by the Court. But, given the actions of both you and the Board
as well as Cardinal George to date, it is unclear if you have all yet “heard,” let alone UNDERSTOOD this message.
664. To make matters even worse, when Cardinal George asked Presence’s Chief Ethicist and the Archdiocese’s
Vicar for Healthcare, Bill Grogan, to meet with Ralph Bonacorrsi and Dr. Ladien, even Grogan REFUSED to do what
Cardinal George asked him to do. When Msgr. John Canary and Reverend Daniel Flens again directly asks Grogan to meet
with Ralph and Dr. Ladien, Grogan again REFUSED to do what had been requested of him by Cardinal George and the
upper hierarchy of the Archdiocese.
665. If Bill Grogan as Presence’s Chief Ethicist cannot figure out what is the ETHICAL thing to do in this case
and has, to date, even refused to look at, let alone answer, the “12 Ethical Questions” sent to him, Sister Mary, the Boards,
MEC, SJAIL and many others, they should all understand the severity of the problem that they face and the LEGAL
IMPLICATIONS OF INACTION on the part of Sister Mary, the Board and the Archdiocese.
666.
Simply put, Sister Mary, the Boards of SJH and Presence and Cardinal George do not have to “abuse”
anybody themselves to be guilty of civil as well as CRIMINAL behavior in this matter. Just as in the case at St. Mary
Hospital, when Sister Mary and the Board and Cardinal George deliberately ignore gross ETHICAL as well as civil and
CRIMINAL wrongdoing, they are simply ENABLING such behavior to continue.
667.
It is precisely the ENABLING of bad behavior, whether the Church and Cardinals directly participated in
the abuse (as with Cardinal Bernadin and others discussed below) or not, that has REPEATEDLY gotten the Church into
trouble in the last several years. The WRONGFUL DEATH of Sylvia is simply the latest in a long series of such cases of
abuse from which Sister Mary and the Church hierarchy have simply tried to turn “a blind eye” hoping “the problem” would
go away.
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668.
Simply put, COVER-UPS NEVER WORK. As noted above by George Santayana, “Those who do not
LEARN from the past are condemned to repeat it.” Let us hope and pray that Sister and the Boards are ready and able to
finally LEARN before a jury has to teach you this lesson the hard way yet once again.
8. The Tale of Two Churches: Pharisees and Praetorian Guards vs Christ and Love.
“If Jesus Christ were alive today (which, of course, he is and always will be), he would immediately recognize many
aspects of the current Church. In many cases these are precisely the same Pharisees and Praetorian Guards--ASSs
each and every one of them--who put Christ to death in the first place.”
669.
In her brilliant, if poorly named book, “The Rites of Sodomy,” Randy Engels tells the story of young naked
boys jumping out of large cakes in the Vatican of the Renaissance to perform sexual “favors” for the Cardinals and other
assembled “honored guests.” This was a scene that Socrates and Plato would have understood “intimately” with their slave
boy “lovers” well more than a thousand years earlier. Sometimes, “progress” is made slowly indeed—if at all….
670.
More recently, in addition to Engels’ description of the $3 million payoff to Steve Cook, she also
documents Cardinal Bernadin’s possible involvement in Satanic rituals as well. Clearly, the network of individuals
necessary to suppress a story as important as of the “real life” of Cardinal Bernadin, suggests something of the power and
influence necessary for such groups to work. Herein is a story to be told….
671.
As noted above, if Jesus Christ were alive today, he would immediately recognize many aspects of the
current Church. In many cases these are precisely the same Pharisees and Praetorian Guards--ASSs each and every one of
them—who quite literally crucified him (ie, put him to death) in the first place.
672.
Clearly, perhaps almost from its inception, there has been the Church of the Pharisees and Praetorian
Guards (and worse) and the Church of Christ and Love. The first is what has always been absolutely WRONG about the
Church. The latter is what has always been absolutely RIGHT not just about the Church, but the sincere beliefs of millions
of honest practitioner around the World and across the centuries. And the same could be said of most other religions as well
down the ages.
673.
Yet, in many ways, the problem is worse than simply “one or two bad apples every now and then.” As any
cursory reading of the Old Testament will affirm, long before the birth of Christ, there were Satanists alive and well in the
World. Just before the vote that elevated Argentine Cardinal to Pope Francis I, Maltese Cardinal Prosper Grech delivered a
talk to the Cardinals (including Cardinal George) concerning “the smoke of Satan” in which he said “The evil spirit of the
World, the `mysterium iniquitatis’ (2 Thes 2:7), constantly strives to infiltrate the Church.”
674.
Cardinal Grech went on to say that when true Evil exists within the Church “Then we must humble
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ourselves before God and man, and seek to uproot the evil at all costs….And only in this way can we regain credibility
before the World and give an example of sincerity.”
675.
Whatever they may have been called through the ages, there have been those who have displayed gross
Arrogance, Stupidity and Systematic Abuse of Power (ASSs). Whether it is Hitler, Stalin, Mao and Pol Pot or a lone priest
in a rectory, these ASSs and many others have made life literally a living hell for millions of people over the millennia. It is
time to fight ASSs, wherever they are, whatever they are called, for the good of all.
676.
Just as one can note that the Mafia has a “vested interest” in infiltrating and corrupting Police Departments
and local Governments whenever and wherever they can, there are certain groups and individuals who have always been
more than somewhat interested in deliberately infiltrating and corrupting the true purpose and mission of the Church. In
many cases, pedophilia as well all other forms of “sin” have been used over the millennia to manipulate and corrupt “people
of power” into doing the bidding of those who wished no good of the Church of Christ and Love or others as well.
677.
In Dr. Ladien’s 9/25/12 letter to Ralph Bonacorrsi, Dr. Ladien outlines the sad case of Dr. Bennett (Buddy)
Braun at Rush. While still at Rush medical college, Dr. Ladien had the honor and privilege of working with Buddy on
several cases of multigenerational Satanic ritualistic abuse patients presenting with multiple personality disorder (now
Dissociative Identity Disorder). While such cases of horrific abuse often made the Mafia look mild by comparison, the
multiple years of unremitting abuse in such cases convinced Dr. Ladien all the more of the utter necessity of PREVENTION
and early intervention whenever and wherever possible.
678.
As a direct result of Dr. Braun’s pioneering work, he was falsely accused of mishandling the case of a
patient who he had helped tremendously. While Dr. Ladien had (and still has) the detailed data that would vindicate him,
Buddy was simply railroaded out of the State and professionally discredited by the very people who were said not to exist.
Simply put, in Buddy’s case, again, the ASSs “won’’-- at least for now.
679.
While Dr. Bennett Braun may have to wait a while longer to be fully vindicated, in the long run, for Buddy
as well as all other fighters of ASSs, the truth will out. Simply put, Dr. Ladien has no intention of suffering the fate of
Buddy Braun. Dr. Ladien will literally spend the rest of his life fighting ASSs wherever they may be.
680.
Thus, whether it is the abuse of an individual or a highly organized, multigenerational network, it is time
for the Church to truly stand up and FIGHT such abuses wherever and whenever they occur. This would be the Church of
Christ and Love truly taking its true message of Peace, Justice and Reconciliation to ALL people of the World for all of the
RIGHT reasons.
681.
In the end, we are all God’s children. The more the Church reaches out to find the common goodness in all,
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the more the Church fights for true Justice wherever and whenever it can, the better the World we shall truly have.
682.
With the sudden departure of Pope Benedict and the equally sudden emergence of Pope Francis, perhaps
this is a sign from God trying to give us all a message of which of the Churches he wishes to see built here on Earth. We
now have the opportunity to work TOGETHER to achieve PROFOUND GOOD around the World. As Cardinal George
might say this, too, would be God in Action.
9. A Question of Legacies and Visions—Doing PROFOUND GOOD around the World.
“If you wish PEACE, work for JUSTICE.” –Pope Paul VI, Peace Day, 1/1/72.
683.
While Pope Francis may indeed be our best hope for seeing PROFOUND GOOD, with him at 78 and
Cardinal George at 73, simply put, none of us are getting any younger. With this in mind, Sister Mary and the Board are in a
position to help implement PROFOUND GOOD around the World or choose to spend years in court on civil and criminal
cases, potentially costing Presence the Church and others >$250M and leading to jail time for at least some of individuals
at SJH and even Presence in the process. This is precisely the difference between MITIGATING and AGGRAVATING
factors in this case. This is precisely the choice Sister Mary and the Boards of SJH and Presence have to make concerning
their fates as well as their legacies in the very near future.
684.
This is precisely the choice that Sister Mary and the Boards will decide upon by their votes concerning
these matters if these matters are not dropped and settled out of court. Simply put, to paraphrase Pope Paul VI as above, “If
you want Peace through a highly positive win-win resolution of this case, then simply JOIN DR. LADIEN NOW in seeking
JUSTICE not only for Sylvia, but for ALL victims of abuse wherever and whenever they may be.”
10. Four “Tools” (Plus One) to Help Change the World.
“In the proper hands, IF-PREVENT, Super-EPIC, Safe Haven and GEIP can help to fundamentally change the
World and bring PROFOUND GOOD to ALL of God’s children.”
685.
In Dr. Ladien’s enclosed letters to Cardinal George, Gov. Quinn and Bruce Rauner, Dr. Ladien discuss the
“four tools” of IF-PREVENT, Super-EPIC, Safe Haven and GEIP. These “four tools” along with many other “cyber tools”
which are to be developed over the next several years, can literally help change the World and bring PROFOUND GOOD to
ALL of God’s children.
686. IF-PREVENT and Super-EPIC can start as ways of transforming medical practice for the good both here in
Illinois and far beyond. But the basic win-win problem-solving algorithms underlying these programs can just as easily over
time be applied to business, law, Government and all other areas of society as well. Simply put, such “cyber tools” can help
to fundamentally change and improve the World for the good of all—bringing transparency, consistency and fairness to the
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“rules” by which we all live.
687.
While Safe Haven, like PCN, can work in Chicago and East St. Louis, it can just as easily work in Nairobi
or Buenos Aires bringing both JOBS and JUSTICE wherever it is implemented.
688.
Finally, as Dr. Ladien have said many times, his Global Energy Independence Initiative can provide the
World with a clean, renewable, relatively inexpensive energy source that can SAVE around $2-3 Trillion annually of the
$5-7 T/yr currently spent on mostly carbon-based fuels. Over time, as energy needs increase over the World for projects
such as major desalinization plants to produce fresh water and turn deserts into gardens are implemented, the savings (both
financial and human) would be even greater.
689.
These “Four Tools” and others, Dr. Ladien hopes, will be gifts that Sister Mary, the Board, Cardinal
George, Gov. Quinn and Pope Francis can help give to the World for the good of all.
690.
As Dr. Ladien has said repeatedly, had he truly wanted to hurt Sister Mary, Presence, the Church, Cardinal
George or even Gov. Quinn, he would have done so long ago. Instead Dr. Ladien wishes to see Presence, IDPH and Illinois
become MODELS FOR THE COUNTRY of good PREVENTIVE MEDICINE that saves both lives and money in the
process.
691.
While, in the end, Dr. Ladien will fight to see these four tools used for GOOD around the World with or
without the help of Cardinal George, Dr. Ladien will simply take this fight to Pope Francis and others and offer
these tools to help FIGHT ASSs wherever they are in the Church or elsewhere around the World.
692.
Instead of simply “giving” such tools to Pope Francis, however, Dr. Ladien wish to ensure first that the
Church of Christ and Love is truly casting out the Pharisees and Praetorian Guards who have for far too long caused ill to
the World. As a “price” for these gifts Dr. Ladien would want assurances that they be used for good of ALL and that Pope
Francis will actually back up these words with actual DEEDS. (Ie, to “coin” a phrase: “Trust, but Verify.”)
693.
In addition to developing a specific agenda for Pope Francis to reach out to other religious leaders around
the World to work TOGETHER to seek both JUSTICE and PEACE, Dr. Ladien wish to help him win his fight within the
Church itself for fundamental transformation for GOOD.
694.
While Dr. Ladien will not set it as an absolute “condition” of helping, Dr. Ladien will fight to see priests
“allowed” to marry and women and gays “allowed” to be priests as long as they fight for the Church of Christ and Love
both here and around the World. Simply put, Dr. Ladien wish to see the Laws of the Beatitudes and the common GOOD
reign supreme over the “laws” of injustice and privilege wherever they may be.
695.
But, as important as these “four tools” may be, they mean nothing if the true values of LOVE,
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COMPASSION, UNDERSTANDING and SOLIDARITY do not accompany their use. Simply put, any “tool” can be used
for Good or Evil. We need people of true GOOD WILL and, as Cardinal George might say, GOOD FAITH (such as,
hopefully, you all) to truly make the World a place at Peace with itself and with God.
`
696.
Dr. Ladien may or may not “win” his fight with ASSs be they at SJH or in the Church, Government or
elsewhere. But Dr. Ladien will swear to you here now on his undying Love of Sylvia and God Almighty that he will spend
his life, however long or short it may be, fighting this fight for the good of ALL.
BB. Conspiracy (SJAIL) and Retaliation—Deliberate WRONGFUL HARASSMENTS of a WHISTLEBLOWER.
697.
On January 30, 2012, the Hospital initiated a second Summary Suspension, signed by
Hidalgo. Again, this process was based almost entirely on Dr. Ladien’s spousal advocacy for Sylvia,
and not any imminent danger posed by his practice of medicine. This time, in order to cover up a
second abuse of the administrative process, the Hospital dredged up and claimed to rely on long-settled
matters dating back to 2008 and earlier.
Dr. Ladien contested the January 30, 2012 Summary
Suspension. In response to Dr. Ladien’s resistance of the second Summary Suspension, the Hospital
issued a February 28, 2012 Notice of Adverse Recommendation, signed by Hidalgo. Dr. Ladien
demanded a hearing on the Notice of Adverse Recommendation and commenced to defend the matter
at his cost.
698.
The Hospital’s use of the Summary Suspension and corrective action procedures were
improper and abusive. The December 20, 2011 Summary Suspension was improper in that its purpose
was to separate Dr. Ladien from Sylvia, and to remove him from the Hospital, in that it was intended
to:
(a)
Denying Dr. Ladien access to Sylvia;
(b)
Effectuating a change of power of attorney, with the intent that the
new attorney in fact, Fawn, would cooperate with the Hospital in Sylvia’s
treatment and care; and
(c)
Knowingly using these procedures to inflict emotional distress to
create leverage in all of the Hospital’s dealings with Dr. Ladien;
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699.
The January 30, 2102 Summary Suspension and February 28, 2012 Notice of Adverse
Recommendation were improper in that they were instituted and prosecuted to punish Dr. Ladien for
his advocacy, in that they were intended to:
(a)
To punish Dr. Ladien, and retaliate against him, for his advocacy on behalf of
Sylvia, intentionally seeking to create a reportable adverse finding against Dr. Ladien
that could potentially affect not only his privileges at the Hospital, but affect, limit, or
even negate his ability to practice medicine anywhere; and
(b)
To dissuade Dr. Ladien from seeking remedies against the Hospital
by maintaining ongoing administrative actions against him.
700. As Dr. Ladien was NEVER a physical danger (“imminent” or otherwise), the abuse of the
Summary Suspension by SJAIL is, in fact, a legal Nullity. Dr. Ladien has not only the Right, but the
Responsibility to continue his Whistleblowing activities against both the WRONGFUL DEATH of
Sylvia and the other ongoing abuses by SJAIL.
701.
The Hospital carried the January 30, 2012 Summary Suspension and February 28, 2012
Notice of Adverse Recommendation many steps further, in an ultimate effort to punish Dr. Ladien.
The Hospital never gave Dr. Ladien a hearing on the Notice of Adverse Recommendation. Following
telephonic pre-hearing with the Hearing Officer appointed by the Hospital in late June 2012, Dr.
Ladien heard literally nothing at all from the Hospital in connection with his hearing. Three months
later, on September 12, 2012, without warning or further administrative process, the Hospital sent Dr.
Ladien a written notice that his privileges had been revoked.
CC. NEGLIGENT SUPERVISION
1. MEC over SJAIL
702. While by SJH bylaws the MEC is separate and distinct from St. Joseph Hospital administration, from the
beginning of this sad tragedy may have instead acted in unison with the wishes of SJAIL. Even in their initial reinstatement
of Dr. Ladien’s privileges on 12/31/11, the MEC allowed Chris Eades, the lawyer for SJH administration to insert a
sentence into the reinstatement notice that “Dr. Ladien would refrain from challenging his stepdaughter’s assumption of the
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power of attorney for Sylvia. While clearly Sylvia’s power of attorney had absolutely nothing to do with Dr. Ladien’s
medical practice at SJH, the fact that the MEC would allow this outrageous Statements in this document simply
demonstrates how much the MEC was simply at the “back to call” of SJAIL.
703.
Similarly, when Dr. Ladien warned Dr. Cohen and Roberta LusHawk that “if Sylvia dies and she is not
FULL CODE that, in addition to gross malpractice, this will be Manslaughter,” instead of feeding Dr. Ladien’s warning as a
Whistleblower, the MEC again simply “towed the SJH line” and blamed the messenger for the message.
704.
Thus, far from “supervising” the actions of SJAIL, during the period of 1/30/12 to 2/4/12, the MEC literally
stood by and watched as Sylvia slowly drowned to death on her own secretions.
705.
When Dr. Ladien warned Cohen and LusHawk that “deliberate reckless negligence leading to a
WRONGFUL DEATH” was the legal definition of MANSLAUGHTER, he meant exactly what he said. To the extent that
the MEC deliberately FAILED to act to protect Sylvia, rather than “supervisors,” they simply became co-conspirators with
SJAIL in the wrongful death of Sylvia.
2. Hildalgo utterly fails to investigate LusHawk as an “imminent danger” prior to Sylvia’s wrongful death.
706.
Given Eades’ deliberate and wrong blocking of Dr. Ladien’s access to both Sandra Bruce and Sister Mary,
Dr. Ladien warned Eades that if he was not allowed to meet with LusHawk’s supervisors by 1/13/12, he would have to
take “further legal action.”
707.
When 1/13/12 arrived and LusHawk was still interfering with Dr. Ladien’s access to Sylvia and Eades
was still blocking Dr. Ladien’s access to Sandra Bruce and Sister Mary, Dr. Ladien filed a “summary suspension” request
against LusHawk as a truly “imminent danger” to Sylvia.
708.
Again, while Ladien had NEVER been a physical danger to anyone (imminent or otherwise), clearly
LusHawk was emotionally torturing Sylvia and Dr. Ladien by her continuing blockage of their being together as they had
been without incident for over 17 months. Literally every day Sylvia was crying for Dr. Ladien to be with her. Staff had not
only been instructed not to follow Sylvia’s wishes but not even to report Sylvia’s repeated requests in the chart. Thus, again,
staff were being intimidated by SJAIL into the deliberate falsification of records by omission (DFORBO).
709.
When, because of Sylvia’s poorly treated leukemia (i.e., blockage of monoclonal antibody therapy), Sylvia
was not only developing sepsis, she suffered an iatrogenic heart attack based on the merits and she was being given and
needed to be rushed back to the ICU. While Dr. Ladien was “allowed” to stay with Sylvia overnight in the ICU on 1/18/12,
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the next day LusHawk delivered her infamous “line in the sand” diatribe against Ladien where she simply escalated on
all fronts her actions against Dr. Ladien as a whistleblower desperately trying to save his wife’s life.
710.
On 1/20/13, Hidalgo “completed” her “investigation” finding “absolutely no basis” for considering
LusHawk an “imminent danger” to Sylvia. Hidalgo conducted her “investigation” without ever once talking with Dr.
Ladien, let alone considering the outrages actions of LusHawk in blocking access to Sylvia, changing Sylvia’s POA and
interfering with the beginning of Sylvia’s monoclonal antibody therapy. Within two weeks Sylvia is DEAD.
711.
Throughout the entire time involved, Hidalgo and the MEC maintained an absolute DOUBLE
STANDARD in the continuing WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER desperately trying
to save Sylvia versus their continuing to ignore the IMMINENT DANGER to Sylvia posed by LusHawk. This failure of
supervision by Hidalgo and the MEC of LusHawk and SJAIL significantly and directly contributed to the WRONGFUL
DEATH of Sylvia.
3. Sister Mary and Sandra Bruce over SJAIL, the MEC, Grogan, Byrne and Mann.
712.
As noted previously, on 1/9/12, Dr. Ladien met with LusHawk and others to discuss being allowed
unrestricted access to Sylvia and, hopefully, a general reduction intentions in a broad de-escalation of the previous situation.
Instead of this, however, LusHawk continued to refuse to allow Dr. Ladien the ability to stay with his seriously ill wife
around the clock (except for when he was seeing patients) as he had been doing for the previous 17 months without
incident. LusHawk also told Dr. Ladien “You’re not going to like this” and then handed him a notice that she had
changed back Sylvia’s power of attorney from Dr. Ladien to Sylvia’s daughter. Again, it was at this point that Dr. Ladien
stood up and told LusHawk and everyone else present that “If you truly don’t understand what is 100% ETHICALLY,
PROFESSIONALLY and LEGALLY WRONG with what you are doing, then this is precisely why I will have to take these
matters to court and the other appropriate authorities.”
713.
Through his attorney at the time, Dr. Ladien contacted Eades and demanded the right to speak with the
CEO of the resurrection system, Sandra Bruce, and the chairman of the resurrection healthcare organization, Sister Mary
Imler. Although by SJH’s own policies and even SJH medical staff bylaws, individuals are specifically to take their
complaints about an SJH employee to that employee’s supervisor, Chris Eades explicitly blocked Dr. Ladien’s efforts.
714.
While Eades deliberately blocked Dr. Ladien’s access to LusHawk’s supervisors, Sandra Bruce and
Sister Mary, as part of his fiduciary responsibilities Eades reported or should have reported to these individuals his specific
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actions specifically including his deliberate blocking of Dr. Ladien’s outreach to them both. Thus both Sandra Bruce and
Sister Mary had or should have had the option of immediately overriding Eades’ actions. By failing to do so they were
clearly negligent in their supervision of both Eades and LusHawk. Sister Mary and Sandra Bruce were also
NEGLIGENT in their fiduciary responsibilities to both Sylvia as a patient at SJH and to Dr. Ladien as both Sylvia’s
husband and a member of the staff at SJH. (It remains unclear as to whether Sandra Bruce had specific knowledge of the
legal actions of SJAIL and the MEC BEFORE Sylvia’s WRONGFUL DEATH, but she should have had this information
and acting on it at the time if she was not NEGLIGENT in her supervision of SJAIL and the MEC.)
715. Again when LusHawk and Eades (SJAIL) together conspired to change Sylvia’s multiple advance
directives to be FULL CODE, especially as this was both disputed and likely to quickly result in Sylvia’s WRONGFUL
DEATH, they both had a fiduciary responsibility to report these matters to Sandra Bruce and Sister Mary. Sandra Bruce and
Sister Mary thus should have known of Sylvia’s grave status and Dr. Ladien’s repeated warnings that Sylvia’s death would
be both gross malpractice and Manslaughter. It was thus, again, gross NEGLIGENT SUPERVISION that Sandra Bruce and
Sister Mary both FAILED to intervene BEFORE Sylvia’s wrongful death and to, at the very least, order a judicial review if
they were not going to honor Sylvia’s multiple Advance Directives to be FULL CODE.
716. If Sandra Bruce knew of the illegal and deliberately reckless actions of SJAIL and the MEC before Sylvia’s
WRONGFUL DEATH and she deliberately failed to act, then she is guilty with them of Manslaughter.
717. If Sandra Bruce was deliberately NOT informed of SJAIL’s activities, then this is further evidence of the
deliberate cover-up of criminal activity by SJAIL.
718. As Sandra Bruce most certainly knows of the illegal behavior of SJAIL and the MEC now and has still
deliberately failed to correct these criminal activities, then, in addition to negligent supervision, she has made herself a coconspirator to obstruction of justice, harassment of a Whistleblower and, at least, Manslaughter as defined by Rico laws.
719.
After Sylvia’s WRONGFUL DEATH, out of respect for Sylvia’s values and his own desire to FIRST DO
NO HARM, Dr. Ladien reached out to Cardinal George for his assistance in these matters rather than simply filing a case in
court. Again, Sister Mary has now deliberately ignored Cardinal George’s request for over 15 MONTHS for her to meet
with Dr. Ladien and the Archdiocese’ chief conciliator, Ralph Bonaccorsi, to find a positive, win-win-win mediated
resolution to these matters.
720.
Similarly, Sister Mary has refused to meet with IDPH’s chief investigator, Bill Bell, for over 12 MONTH
since she first reached out to her to meet in August 2012. While ignoring Dr. Ladien and Cardinal George is certainly bad
enough, ignoring an official investigation by IDPH into the WRONGFUL DEATH of Sylvia is criminal obstruction of
justice.
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721.
In mid-January 2013, during the (anything but) “fair” hearings concerning these matters, over six months
after first being approached to meet with Dr. Ladien and Ralph Bonaccorsi, Sister Mary wrote to Dr. Ladien that she “knew
nothing about the details” of this case and recommended that he tried to work with St. Joseph administration to work out is
matters! Clearly, Sister Mary was absolutely NEGLIGENT in her supervision of SJAIL to NOT know the details of the case
almost a year AFTER Sylvia’s WRONGFUL DEATH. Sister Mary was also grossly NEGLIGENT in referring Dr. Ladien
back to SJAIL, the very people who had been hiding the truth from Sister Mary for over a year.
722.
Again, just as in any case of abuse, SJAIL were not hiding the truth to “protect” Sister Mary and Presence,
they were hiding the truth to protect themselves. Just as in the case of Father Kos, failure to and all adequately supervise
SJAIL not only led to the WRONGFUL DEATH of Sylvia, but also to the ongoing and deliberate WRONGFUL
HARASSMENT of Dr. Ladien whose only “crime” was trying to save his beloved Sylvia’s wife while there was still time
to make a difference.
723.
Finally, on 8/9/13, Dr. Ladien again wrote to Sister Mary for her assistance in delay the appellate hearing
process to give her time to fully investigate the matters involved in this case. Not only did Sister Mary fail to adequately
supervise the appellate hearing Board to delay this case, she allowed them to proceed without providing Dr. Ladien
appropriate due process protections, the ability to present witnesses or even the opportunity to defend himself before this
hearing Board.
724.
While the Presence organization does, in fact, have a “chief ethicist” on staff, Father Bill Grogan, he, too,
has utterly FAILED to understand the ETHICAL problems related to the WRONGFUL DEATH of Sylvia and the
WRONGFUL HARASSMENT of Dr. Ladien. Dr. Ladien has, in fact, repeatedly sent copies of his one-page long “12
ethical questions” related to this case for Sister Mary, Grogan, the Boards, SJAIL, the MEC and even Cardinal George to
consider. Yet NONE of these individuals, to date, have actually ACTED consistent with the ethical values that should be
expected of individuals in their positions.
725.
As Bill Grogan is, in fact, the vicar of healthcare for the Archdiocese of Chicago, one might especially
expect him as “chief ethicist” for Presence to be able to effectively assist Sister Mary in dealing with such clear ethical
issues. The fact that Grogan is also, however, a lawyer as well as a priest may help a great deal in understanding his
particular version of “ethics.” As our current legal system of LITIGATION is, in an inherently win-lose or, more frequently,
lose-lose by its very nature, the specific perspective often works traditional concepts of ethics.
726.
Whereas “the Church of Christ” as discussed below is quite literally based on the win-win basic principle of
“Do onto others as you would have done onto yourself,” such a principle is absolutely consistent with MEDIATION but
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NOT Litigation, per se. Thus, in deciding upon the ETHICAL thing to do in the current situation, Sister Mary would have
been well advised to heed Cardinal George’s recommendation to work with Dr. Ladien and the Church’s chief conciliator,
Ralph Bonaccorsi to seek a positive and loving win-win MEDIATED resolution to these matters. To the extent that Sister
Mary relied on the “ethical guidance” of lawyer Grogan as well as Byrne and Mann who have throughout all counseled
litigation instead of mediation, one has to truly wonder who was “supervising” who in this particular situation. Either way,
however, especially as a Sister of the Catholic Church, Sister Mary was absolutely NEGLIGENT in her supervision of Bill
Grogan, Byrne and Mann let alone SJAIL and the MEC.
727.
Such clear FAILURES of Ethical as well as Professional supervision by Sister Mary sadly and very
unfortunately cross the line from GROSS NEGLIGENCE (as in the Kos case and failure to deal with the CEO’s utterly
racist “We don’t want to be known as the `Black Hospital’ comments at SMH) to a role of as an actual co-conspirator in an
ongoing CRIMINAL endeavor to deliberately defame, discredit and professionally destroy a whistleblower while
obstructing justice concerning Sylvia’s WRONGFUL DEATH and other related criminal matters.
4. Board of SJH/Presence over Sister Mary, Sandra Bruce, SJAIL, the MEC, Grogan, Byrne and Mann.
728.
Just as Sister Mary and Sandra Bruce should have been informed by SJAIL concerning Dr. Ladien’s
warnings as to gross malpractice and Manslaughter were SJAIL to change Sylvia’s multiple Advance Directives to be
FULL CODE without judicial review, the same warnings should have been given by SJAIL to the Boards of SJH and
Presence BEFORE Sylvia’s WRONGFUL DEATH on 2/4/12.
729.
Similarly, the Boards of SJH/Presence had a fiduciary responsibility to Sylvia as a patient and to Dr. Ladien
as both Sylvia’s husband and a member of SJH staff to provide adequate supervision of SJAIL and the MEC as well as
Sister Mary and Sandra Bruce. To the extent that the Boards of SJH and Presence have failed to stop the deliberate ongoing
WRONGFUL HARASSMENT of Dr. Ladien as a whistleblower, they too are crossing the line from simple gross
NEGLIGENCE of supervision to actual co-conspirators in ongoing criminal activities.
5. IDPH (Dr. LaMar Hasbrouck and Jason Boltz) over SJAIL, MEC, Sister Mary, the Boards of SJH/Presence
730.
As with all aspects of this case, every effort humanly possible was made to delay going to authorities in
order to give Sister Mary and Presence every possibility whatsoever of resolving these matters internally. When IDPH was
first contacted concerning these matters in June 2012, they confirmed that by IDPH guidelines SJH had seven days to
respond in writing to the multiple verbal and written grievances that Dr. Ladien had made against SJH from 12/16/11
through Sylvia’s WRONGFUL DEATH on 2/4/12.
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731.
Wen five months after Sylvia’s WRONGFUL DEATH in July 2012, SJH finally wrote back generic
answers that were not at all responsive to the original 14 questions submitted, Dr. Ladien wrote an additional 22 follow-up
grievance questions for SJH to answer. While the individual answering the questions would have quite willingly given more
detailed answers, he was explicitly blocked from doing so by SJAIL.
732.
Finally, in August 2012, when IDPH was formally contacted for their assistance in investigating the
WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER, they
originally indicated that they would indeed insist on answers to the 22 follow-up IDPH grievance questions. Unfortunately,
in addition to never insisting on answers to these follow-up questions, IDPH only conducted a very cursory investigation
into these matters.
733.
While IDPH’s chief investigator for Hospital complaints, Bill Bell, did indeed reached out to Sister Mary to
meet with her to discuss this case in further detail, Bill Bell was “blocked by the lawyers” at SJH from meeting with Sister
Mary. Similarly, while Bill Bell was still ready to continue his investigation into the WRONGFUL DEATH of Sylvia, he
was also “blocked by the lawyers” within IDPH from continuing with this investigation!
734.
When Dr. Ladien finally spoke directly with Jason Boltz, the chief legal consul for IDPH, both remarkably
replied that he would only continue with this investigation “if ordered to do so by Gov. Quinn”! While Dr. Ladien on
multiple occasions through both phone calls and in writing attempted to meet with the director of IDPH, Dr. LaMar
Hasbrouck, these efforts too have now been blocked for over a year. Thus, while the investigation into the WRONGFUL
DEATH of Sylvia remains incomplete to this very day, every effort attempted to simply get IDPH to “do its job” has failed.
735.
This NEGLIGENCE OF SUPERVISION is particularly of concern in that Dr. Ladien has explicitly made a
point of attempting to Identify, Fix and Prevent the problems that happened to Sylvia and himself from ever happening
again to any patient or family member in the future. Dr. Ladien’s IF-PREVENT and Super-EPIC programs have been
designed over the last year and a half precisely to help IDPH and other monitoring bodies (e.g., JCAHO, etc.) be able to
monitor in real time across the State and, ultimately, across the Country problems at all levels in the healthcare system. Yet,
it is hard to FIX a problem until both IDPH and Presence officially acknowledge that these problems exist.
736.
IDPH, for instance, has not even forced either NW or SJH to produce the Total Cumulative Radiation Dose
received by Sylvia at both institutions that may well have led to Sylvia’s leukemia in the first place. If IDPH cannot even
force two major medical institutions to report such a fundamental number that is absolutely VITAL to the safety of,
literally, millions of patients each year, clearly they are being absolutely NEGLIGENT in their supervision in a way that
clearly endangers patients and simply MUST be fixed for the benefit of all.
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737.
If SJH, Presence, NW and IDPH will not fix such basic problems on their own, it is now left to a Judge
and jury to FIX THESE PROBLEMS once and for all for the good of all.
6. JCAHO (Ronald Wyatt) over SJAIL, MEC, Sister Mary, the Boards of SJH/Presence
738.
Similar to with IDPH, Dr. Ladien waited as long as possible to contact JCAHO in order to allow Sister
Mary and Presence every opportunity possible to simply FIX these problems with as little damage as possible being done to
the institution. It was only, again, after months of effort to get IDPH to do its job that Dr. Ladien also approached JCAHO
concerning these problems.
739.
After several more weeks of “internal review, Ronald Wyatt responded that JCAHO also was not going to
investigate any further the WRONGFUL DEATH of Sylvia. Particularly as Wyatt supervises the “quality control” division
of JCAHO, Dr. Ladien wrote to him that he should be every bit as concerned about a “false negative” finding for a Sentinel
event such as a wrongful death as was Dr. Ladien himself. Particularly in a case where a WRONGFUL DEATH in the
Hospital may actually be associated with MANSLAUGHTER or even MURDER ONE, there is absolutely every reason in
the World for everyone to be concerned that JCAHO not only Identify and FIX such problems, but actively worked to
PREVENT them from ever occurring again in the future.
740.
Thus, just as with IDPH, JCAHO has not only been grossly NEGLIGENT in their supervision of Presence.
SJH and SJAIL, they have been grossly NEGLIGENT in their primary functions to protect patients and their families
throughout Illinois and well beyond. Simply put, IF-PREVENT and Super-EPIC can help to Identify, Fix and PREVENT
such problems as led to Sylvia’s WRONGFUL DEATH from ever happening again to ANY patient or family member in
Illinois or elsewhere as well. If it takes a Judge and a jury to accomplish this fundamental and essential goal for the benefit
of ALL, then so be it.
7. EOIG (Ricardo Meza and Diana Zuver) over IDPH and Governor Quinn
741.
As Jason Boltz, the chief legal consul for IDPH, explicitly stated that he would only continue with the
investigation into the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT of Dr. Ladien as a
WHISTLEBLOWER desperately trying to save Sylvia’s life “if Gov. Quinn tells me to do so,” Dr. Ladien first reached out
to the executive office of the Inspector General (EOIG) for their help in getting Jason Boltz and IDPH to simply DO THEIR
JOBS in a straightforward and timely manner. Again, sadly, first Diana Zuver (ZUVER) and then Ricardo Meza (MEZA)
refused to adequately investigate the wrongdoing of BOLTZ, HASBROUCK and IDPH, let alone order them continue
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their investigations into the problems leading to Sylvia’s WRONGFUL DEATH in the first place.
742.
Again, State officials can hardly expect to FIX problems that they do not first IDENTIFY and
ACKNOWLEDGE to even exist. It is precisely this NEGLIGENT SUPERVISION that, again, allows the abuse of power to
continue.
8. Governor Quinn over IDPH
“All that it takes for evil to prevail is for GOOD people to do NOTHING.”— Edmund Burke
743.
After the failure of the EOIG to fully investigate, let alone compel BOLTZ, HASBROUCK and IDPH to
DO THEIR JOBS, Dr. Ladien made one final effort to reach out to Gov. Quinn’s office to seek his assistance in these
matters. Although Gov. Quinn has a long established track record of upholding ETHICS in government and in “standing up
for the little guy (and gal),” ultimately, at the end of the day Gov. Quinn also failed to act.
744.
In order to save Gov. Quinn time, Dr. Ladien first simply submitted to him his one-page long “12 ethical
questions” to consider. Dr. Ladien then sent another one-page long “Loved-One’s Test” which simply asked what a loved
one would want done if they were in a situation similar to Sylvia’s. Finally, Dr. Ladien said Gov. Quinn a 2 ½-page long
short parable entitled “Wrongful death and hanging at the not so OK corralled” with “Gov. Good-Guy Quinn” riding into
town on his white stallion (“Little Bucks”) to “save the day.” Even this was to no avail.
745.
Again, just as with Mayor Daley’s nephew, at the end of the day what bureaucrats and politicians may
not understand, ordinary citizens, voters and jurors may understand all too well. Just as with Metro-Gate, common citizens
and simple plain folk can understand fully—not just “legality” per se, (eg, “prosecutorial discretion”) but ETHICS as well.
Simply put, voters and jurors can readily understand the difference between FIXING THE SYSTEM and “the System”
where “the FIX” was in.
746.
At the end of the day, Edmund Burke explained the concept of NEGLIGENT SUPERVISION very well
when he explained that “All that it takes for evil to prevail is for GOOD people to do NOTHING.” If we do not stand
TOGETHER to FIX THE SYSTEM ONCE AND FOR ALL, not only will the WRONGFUL DEATH of Sylvia have been
in vain, but the system will have yet once again simply rewarded and thus ENABLED those who would show the
Arrogance, Stupidity and Systematic Abuse of Power (ASSs) that led to Sylvia’s WRONGFUL DEATH in the first place.
This is the decision that an honest Judge and conscientious jury must consider for the GOOD of ALL.
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9. Hall-Render (John Ryan and Bill Thompson) over Eades
747.
As Hall Render is a nationwide legal firm well-versed in Hospital-related issues, they clearly should have
recognized early on the highly deliberately dangerous, RECKLESS and, ultimately, deadly behavior of their employee,
Eades, long BEFORE the WRONGFUL DEATH of Sylvia. Not only was Hall-Rendor grossly NEGLIGENT in their
supervision of Eades before Sylvia’s WRONGFUL DEATH, however, they have even been more grossly NEGLIGENT in
their supervision of Eades concerning the WRONGFUL HARASSMENT of Dr. Ladien whose only “crime” was to be a
WHISTLEBLOWER desperately trying to save his beloved Sylvia’s life.
748.
Since the WRONGFUL DEATH of Sylvia, as Dr. Ladien has been acting pro se in his defense of himself
before SJAIL and the MEC, in addition to him reaching out to Sister Mary and the Boards of Presence and SJH, he has also
explicitly reached out to John Ryan (President) and Bill Thompson (Chairman) of Hall Render for their assistance in
supervising as well as correcting the actions of Eades. Dr. Ladien has specifically and repeatedly recommended to Ryan and
Thompson that they have Hall Render’s ethics and risk management committees review the actions of Eades and make
recommendations on how to remedy these problems BEFORE they escalated any further.
749.
Rather than positively acting on Dr. Ladien’s repeated recommendations to seek MEDIATION BEFORE
LITIGATION, both Ryan and Thompson have simply ignored Dr. Ladien and allowed Eades to continue in his efforts to
deliberately defame, discredit and destroy Dr. Ladien professionally specifically in anticipation of these matters going to
court. Thus, Hall Render, in general, and Ryan and Thompson, in particular, have been grossly NEGLIGENT in their
supervision of Eades thus causing both the WRONGFUL DEATH of Sylvia and the ongoing WRONGFUL
HARASSMENT of Dr. Ladien. To the extent, however, that these actions by Ryan and Thompson are deliberate and
ongoing, they again go well beyond NEGLIGENT SUPERVISION and leave Ryan and Thompson as co-conspirators to
ongoing criminal actions both against Dr. Ladien and the deliberate obstruction of justice concerning the WRONGFUL
DEATH of Sylvia.
10. Anderson-Rasor (William Anderson) over Foltz—Officers of the Court—Duty to Report.
750.
Following the WRONGFUL DEATH of Sylvia, when SJAIL, the MEC, Sister Mary and the Boards of SJH
and Presence had every opportunity to simply APOLOGIZE for their behavior and try to de-escalate the situation, they
instead deliberately chose to continue to “blame the messenger for the message.” Thus, rather than simply dropping all
charges against Dr. Ladien and making every effort possible to FIX THE SYSTEM leading to Sylvia’s WRONGFUL
DEATH, SJAIL and the MEC simply escalated their efforts to deliberately defame, discredit and destroy professionally Dr.
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Ladien in anticipation of a pending lawsuit against them.
751.
As part of SJAIL’s efforts to proceed with actions against Dr. Ladien, they specifically reached out to
Anderson Rasor to find a “hearing officer” who would simply do their bidding and “look the other way” concerning the
ethical, civil and criminal wrongdoing of SJAIL and the MEC concerning these matters. Thus, with the appointment of
Patricia Foltz (Foltz), SJAIL got exactly the type of person they were looking for.
752.
Following Foltz’s appointment in March 2012, Dr. Ladien and his lawyer at the time sent multiple petitions
to Foltz , in accordance with the violation of both SJH bylaws and state and federal regulations, to both have the actions
against Dr. Ladien dropped and for her to report illegal activities of SJAIL and the MEC to the appropriate authorities. As
Foltz was and is an “officer of the court,” she and all other lawyers involved in this case had a Duty to Report such
wrongdoings to the appropriate authorities which she repeatedly FAILED to do.
753.
Later, after for financial reasons having to take over his case pro se, Dr. Ladien repeatedly reached out to
William Anderson of Anderson Rasor in an attempt to get his help in encouraging Foltz to act both ethically and legally
concerning these matters. Just as Dr. Ladien requested that Ryan and Thompson and Hall Render request that their ethics
and risk management committees review the unethical and illegal actions of Eades, so too Dr. Ladien asked William
Anderson to have the ethical and risk management committees at Anderson Rasor reviewed the actions of Foltz. Sadly, to
date, to the best of Dr. Ladien’s knowledge, these reviews have never occurred. Certainly there was never any change for
the better in Foltz’ behavior.
754.
It was precisely the NEGLIGENT SUPERVISION of Foltz by Anderson Rasor in general and William
Anderson in particular that prompted Dr. Ladien to reach out to Cardinal George for his assistance before these matters
escalated any further. While the lawyers in this case, Foltz, Eades, Byrne and Mann, were fully aware of the actions of Dr.
Ladien in reaching out to Cardinal George for his help in resolving these matters, all of these lawyers intentionally
“neglected” to tell the MEC that this was what Dr. Ladien was doing.
755.
In the absence of any knowledge or explanation of Dr. Ladien’s attempts to resolve these issues with the
assistance of Cardinal George and Ralph Bonaccorsi in reaching out to Sister Mary Imler, on 7/31/12 with absolutely NO
notice to Dr. Ladien whatsoever and with absolutely NO opportunity to defend himself or explain his actions, the MEC was
deliberately manipulated by SJAIL, including Foltz along with Eades, Byrne and Mann, into “revoking” Dr. Ladien’s
privileges as a physician at SJH where he had been on staff for over 12 years without any hearing (“fair” or otherwise)
whatsoever.
756.
Again, to the extent that Anderson Rasor in general and William Anderson in particular deliberately failed
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to adequately supervise Foltz and to deter her from her unethical and illegal activities they, too, have gone beyond “simple”
grossly NEGLIGENT SUPERVISION to active participation as co-conspirators in ongoing criminal activity as defined by
RICO laws described below.
11. Hinshaw (Bill Roberts, Don Mrozek and Steven Puiszis) over Grogan
“Please don’t insult the man who married me and buried my parents.”—Steven Puiszis
757.
Hinshaw is also a national and international law firm that, among many other things, has expertise in the
area of healthcare law. In this context, Hinshaw employs Bill Grogan to assist the Presence healthcare organization as their
“chief ethicist.” Grogan, who happens to be a priest as well as a lawyer as noted above, is also employed by Cardinal
George and the Archdiocese of Chicago as the “Vicar for Healthcare.”
758.
Unfortunately, as discussed above, Grogan’s “ethics” as a lawyer (lose-lose litigation before win-win
mediation) is in fundamental conflict with the basic win-win mediation philosophy of the Church embodied in Christ’s
saying to “Do onto others as you would have done onto yourself.” This fundamental conflict in ethics is causing great harm
to Sister Mary, the Presence healthcare organization and, ultimately, the five orders of Sisters who own the Presence
Healthcare organization.
759.
Simply put, this bad and UNETHICAL advice (from the perspective of the Church of Christ and Love-- see
below) can potentially cost Sister Mary the Boards of Presence and SJH and the Presence healthcare organization itself
hundreds of millions of dollars in punitive damages if it is not immediately corrected.
760.
Dr. Ladien has repeatedly appealed to both Bill Roberts (ROBERTS—Managing Partner) and Donald
Mrozek (MROZEK—Chairman) to have Grogan’s recommendations to Sister Mary and Presence in specific and those
matters involving the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT of Dr. Ladien as a
WHISTLEBLOWER in particular reviewed by Hinshaw’s ethics and risk management committees before these matters
escalate any further. There is, indeed, specific precedent for Hinshaw’s ethics committee at least reviewing this case as this
is precisely what was done prior to Dr. Ladien’s meeting with Jayme Matchinski as described below.
761.
Because of ROBERTS’ own background in ethics and mediation as reviewed in section 1, upon reading Dr
Ladien’s one-page long “12 ethical questions” summarizing this case, ROBERTS should have known the ETHICALLY
appropriate thing to do to help Sister Mary and Presence. ROBERTS would have been simply fulfilling his fiduciary
responsibility to Sister Mary and Presence to have these matters reviewed by Hinshaw’s ethics and risk management
committees.
. 762. The fact that ROBERTS and MROZEK both failed to have GROGAN’s unethical advice reviewed by
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even their ethics committee is, in and of itself, a fundamental NEGLIGENCE OF SUPERVISION that has placed
Hinshaw’s clients, Sister Mary and Presence in great jeopardy. It is for this reason that HINSHAW has both an ethical and
legal fiduciary responsibility to Sister Mary and Presence to both WARN Sister Mary of the significant risks of NOT
settling this case and giving Sister Mary INFORMED CONSENT as to Dr. Ladien’s offer to resolve these matters in a
highly positive and loving win-win way as part of an out-of-court mediated resolution of these matters as described in
Section 5 (Remedies) and below.
763. While neither ROBERTS nor MROZEK ever responded to Dr. Ladien’s repeated requests to meet and resolve
these matters in a positive win-win way that both protected the Sister/Owners of Presence and help to prevent such
problems as those leading to the WRONGFUL DEATH of Sylvia in the future, Steven Puiszis (PUISZIS) emailed Dr.
Ladien stating that all dialogue related to Hinshaw should be addressed to him.
764. After multiple efforts to reach PUISZIS, in mid-October, 2013 Dr. Ladien was finally successful in reaching
him by phone. Dr. Ladien explained to PUISZIS that if GROGAN truly did NOT understand what was ETHICALLY as
well as LEGALLY and PROFESSIONALLY WRONG with what SJAIL had been doing, then GROGAN had absolutely no
business being a “Chief Ethicist,” let alone a lawyer, advising the Sister/Owners of Presence, Hinshaw or the Archdiocese
on such matters.
765. After talking for only a few minutes, after making the above comment concerning GROGAN, PUISZIS told
Dr. Ladien did a very emotional tone “don’t insult the man married me and buried my parents” and then hung up on Dr.
Ladien.
766. While Dr. Ladien was not intending to “insult” anyone, he was trying to make an accurate statement as to the
explicit DANGER posed by GROGAN related to not just the Sister/Owners of Presence, but HINSHAW and the CHURCH
as well. As Dr. Ladien then wrote to ROBERTS and MROZEK, “if PUISZIS is so emotionally involved in this case, then
perhaps it is not the appropriate person at HINSHAW to be making decisions concerning GROGAN. Dr. Ladien again
requested of ROBERTS and MROZEK that they simply read the “12 ethical questions” and decide for themselves whether
GROGAN’s actions were ethical or not.
767. Dr. Ladien also recommended again to ROBERTS and MROZEK that they also submit these “12 ethical
questions” to their ethics committee for review as well. To date, to the best of Dr. Ladien’s knowledge, this has not
happened. Nor has Dr. Ladien been contacted by PUISZIS, ROBERTS or MROZEK to further discuss these issues and seek
a win-win resolution of them for the good of all involved— most certainly including the Sister/Owners of Presence as well
as Hinshaw itself.
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12. Hinshaw allowing Jayme Matchinski to offer Sister Mary a “second opinion” and mediated resolution to current
issues.
768. Early on following the WRONGFUL DEATH of Sylvia on 2/4/12, in May 2012, Dr. Ladien approached
Jayme Matchinski (JAYME) of Hinshaw as an expert in healthcare law to assist him in defending himself in the
WRONGFUL HARASSMENT as a WHISTLEBLOWER that he was facing due to the illegal and unethical actions of
SJAIL and the MEC. Dr. Ladien was also interested in asking Jayme for help in preparing the case against the Presence
Healthcare organization if this proved to be necessary.
769.
Prior to meeting with Dr. Ladien, per Hinshaw protocol, Jayme had Dr. Ladien’s case reviewed by
Hinshaw’s ethics committee to ensure that there were no conflicts of interest concerning this representation. It was only
after the assurances of the ethics committee that Dr. Ladien met once very briefly with Jayme to discuss this case. While
this discussion was very brief and, by definition, preliminary in nature to even agreeing to take on the case, Dr. Ladien was
extremely impressed not only by Jayme’s intelligence and knowledge of the health care field but, equally important, her
fundamental ETHICAL character and belief in finding win-win mediated resolutions to problems wherever and whenever
possible. There was no question whatsoever in Dr. Ladien’s mind that Jayme could greatly help in resolving the problems
he was having with Presence in a positive and loving win-win way.
770.
The fact that Presence is owned by five orders of Sisters and is run with Sister Mary Imler as the chair of
Presence made it especially important to Dr. Ladien to find a win-win resolution to these problems in a way that helped
instead of hurt the Sisters if at all possible. It was precisely for this reason that Dr. Ladien reaches out to Cardinal George
rather than filing his case in June 2012 when he was fully ready and prepared to do so.
771.
Shortly after Dr. Ladien’s meeting with Jayme Matchinski, she called to say that she had been approached
by Presence to work for them. As working with Presence and the Sisters was very much something that Jayme wish to do,
without hesitation Dr. Ladien “released” Jayme for any legal and/or ethical “obligation” that she might feel that she had to
follow an opportunity that she was clearly interested in pursuing. To Dr. Ladien, the very fact that Jayme Matchinski would
even bother to inform him as to her plans, let alone in any way ask is “permission” to pursue such an opportunity, impressed
him greatly as to the stellar ethical character of this individual.
772.
Precisely because of Dr. Ladien’s trust in Jayme Matchinski as potentially an “honest broker” who could
not only protect and advocate for Sister Mary and Presence’s BEST INTERESTS, but do so in a win-win way that could
SAVE both Presence and Hinshaw significant amounts in terms of punitive damages, he specifically recommends
consideration of Jayme Matchinski to be appointed to the role of MEDIATOR concerning all of these issues.
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773.
While HINSHAW has shown absolutely NEGLIGENT SUPERVISION related to GROGAN, both
ROBERTS and MROZEK would be going a very long way indeed to not only PROTECT the BEST INTERESTS of Sister
Mary and Presence, but also protect the best interests of Hinshaw as well by having Jayme work as a Mediator.
774.
As noted both above and below, far from hurting Sister Mary, Presence, the Church, Cardinal George,
Hinshaw or even Gov. Quinn, Dr. Ladien would love nothing more than to help make Presence, IDPH and Illinois
MODELS FOR THE COUNTRY in highly humane, cost-effective PREVENTIVE MEDICINE that saves both lives and
money in the process as described below in section 5. Nothing could please Sylvia more than to see “something very
GOOD” come of “something very Bad.”
775.
While Jayme Matchinski is no longer at Hinshaw, she still could ask as a highly beneficial MEDIATOR in
this case to help seek a loving win-win, out-of-court resolution to these matters that was highly beneficial to the
Sister/Owners of Presence. It is highly unlikely, however, that Hinshaw, Grogan or anyone else have ever passed along this
standing offer to the Sister/Owners of Presence. Again, as with abusers everywhere, SJAIL and GROGAN on hiding the
TRUTH to protect the Sisters. They are hiding the truth to protect THEMSELVES.
13. ARDC (John Needles) over Hall-Render (Eades), Anderson-Rasor (Foltz) and Presence (Byrne and Mann).
776.
Following the failure of IDPH to act to FIX THE PROBLEMS at SJH and Presence and following the
failure of the MEC to provide adequate supervision to SJAIL and moving to revoke Dr. Ladien’s privileges at SJH, Dr.
Ladien in early July 2013 reached out to the ARDC with formal complaints against the main lawyers involved in this case
and their firms including Hall-Render (Eades), Anderson-Rasor (Foltz) and Presence (Byrne and Mann).
777.
Within just two weeks, however, John Needles (NEEDLES) as General Counsel for the ARDC wrote back
that they would NOT investigate these individuals for either ethical, civil or criminal wrongdoing. To the extent that
ARDC feels that they must wait until actual charges are brought against the defendants in these matters before they will
even begin to act, they are in essence ENABLING such dysfunctional behavior to continue. Just as in the case of Mayor
Daley’s nephew or in the ongoing problems with Metro-Gate, both the general public and a jury of Dr. Ladien’s peers will
again easily understand the difference between FIXING THE SYSTEM and yet another example of “the SYSTEM” where
“the FIX” was in.
778. Just as with the Dallas Archdiocese in the case of Father Rudy Kos, juries can understand that NEGLIGENT
SUPERVISION comes in many forms. Just as the Silence of the Sisters enables deadly dysfunctional behavior to occur, so
too the silence of the ARDC and other governmental agencies also enables such destructive behavior to continue.
779. While Dr. Ladien did everything possible to continue to work through the system, including through Cardinal
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George, it was only when Dr. Ladien received notice that the hearing board was going to meet on 9/12/13 to make a final
ruling to revoke his privileges at SJH that he finally had no choice but to file his complaint and TRO with the court on
9/9/13.
T. Kangaroo Courts, Non-Hearings and Efforts to Seek Win-Win Mediated Resolutions
1. Kangaroo Court, Part 1: (Anything-But) “Fair” Hearing with MEC Review Board—1/14/13-1/15/13.
780.
Prior to the (Anything-But) “Fair” Hearing with the MEC Review Board on 1/14/14-1/15/13, there were
two preconference hearings by telephone with Dr. Ladien, Chris Eades, Nora Byrne and the hearing officer, Patricia Foltz.
781.
During these two preconference hearing, Foltz proved herself to be anything BUT an “impartial”
evaluator of facts concerning this case. Not only did Foltz refused to demand that SJAIL produced all documents relevant to
this case, she did not allow for any of the other the DUE PROCESS protections to which Dr. Ladien is entitled. Thus, Dr.
Ladien was denied the opportunity to send interrogatories or depose individuals relevant to these hearings. Dr. Ladien was
also denied the right to present witnesses at these hearings since all of the witnesses were SJH employees and that neither
Foltz nor SJAIL demanded that these individuals show up and testify as demanded by Dr. Ladien.
782.
At the (anything-but) “fair” hearing on one/14/13-1/15/13, even those witnesses testifying MEC that Dr.
Ladien was “allowed” to cross-examine were repeatedly blocked by Foltz and Eades from answering Dr. Ladien’s
questions. Quite literally every few sentences, Eades would “object” to Dr. Ladien asking the witnesses questions about the
circumstances and events leading to the WRONGFUL DEATH of Sylvia. Not only did Foltz consistently sustained Eades’s
“objections, “ on her own repeatedly cut off Dr. Ladien from continuing his questioning of those SJH employees testifying
on behalf of SJAIL.
783.
Again, the ONLY criteria in SJH bylaws for “summary suspension” is concerned for “imminent danger”
posed by a physician towards a patient or other individual. When Dr. Ladien told first Sylvia’s primary Doctor and then the
CEO of SJH that “If Sylvia dies and she is not FULL CODE then, in addition to GROSS MALPRACTICE, this will be
MANSLAUGHTER,” he was, again, acting as a WHISTLEBLOWER desperately trying to save his wife.
784.
As Dr. Ladien was NEVER and “imminent danger” to anyone, the summary suspension was deliberately
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misused by SJAIL to defame, discredit and destroy professionally Dr. Ladien to the greatest extent possible in anticipation
of legal actions against them if they were unsuccessful in silencing Dr. Ladien just as they had succeeded in silencing
Sylvia.
785.
As “DELIBERATE RECKLESSNESS leading to WRONGFUL DEATH” is the legal definition of
MANSLAUGHTER, the fact that SJAIL and the MEC literally stood by for seven days and watched Sylvia slowly drown to
death on her own secretions when she could have been easily saved means, by definition, that they are ALL at the minimum
guilty of manslaughter. Whereas Michael Jackson’s doctor, Conrad Murray, got four years in the slammer and had multiple
MITIGATING factors, in the case of Sylvia, there have been multiple AGGRAVATING factors both before and since her
WRONGFUL DEATH.
786.
Because SJAIL had legitimate reason to fear for their jobs, licenses and even liberty (ie, jail time), they
had the MEANS, MOTIVE and OPPORTUNITY to raise their actions closer to MURDER ONE for their past and ongoing
actions in the WRONGFUL DEATH of Sylvia.
787.
Because the SJH bylaws related to “summary suspension” were DELIBERATELY ABUSED by SJAIL in
furtherance of fear ongoing CRIMINAL ACTIVITY, this “summary suspension” and all related actions against Dr. Ladien
by SJAIL and the MEC are a LEGAL NULLITY and should be dismissed as rapidly as possible to prevent further harm to
both Dr. Ladien and the Sister/Owners of the Presence healthcare organization.
788.
Simply put, SJAIL and the MEC should NOT be allowed to act as Judge, jury and executioner first for
Sylvia and now for Dr. Ladien. The longer this process goes on, not only the more is Dr. Ladien injured, but so, too, are the
Sister/Owners of Presence. Again, SJAIL has not been hiding the truth to protect the Sisters, let alone Dr. Ladien. SJAIL
has been hiding the TRUTH to protect themselves. It is the responsibility of Sandra Bruce, Sister Mary and the board, a
long with the Sister/supervisors of these individuals to intervene quickly in these matters to prevent their current
NEGLIGENT SUPERVISION from becoming even more of a problem moving forward.
2. Appellate hearings (O’Donnell, Novak and Iroegbu) over Sister Mary, Sandra Bruce, SJAIL and the MEC
789. To the extent that the Boards of SJH and Presence are also not adequately monitoring and supervising their
own appellate hearing Board, if this appellate hearing is not delayed until after a full and complete investigation has been
conducted by all of the appropriate authorities and/or simply dropped as an illegal criminal enterprise, the Boards placed
themselves at risk again for simply becoming active co-conspirators in ongoing criminal activities.
790.
As of 9/5/13, the appellate hearing Board was, again, attempting to set up a hearing for 9/12/13 without
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allowing Dr. Ladien due process (eg, discovery, depositions, interrogatories, etc.), the “right” to present witnesses or even
the “right” to testify in his defense! This arbitrary and capricious decision on the part of the hearing Board chair(O’Donnell)
came despite clear warnings as to the illegality of the process itself, let alone the absence of due process protections as noted
above.
791.
The appellate hearing Board has a fiduciary responsibility to Sylvia as a patient at SJH and to Dr. Ladien as
Sylvia’s husband and a physician at SJH to follow all appropriate policies, procedures and protocols and to protect their best
interests at all times. The appellate hearing Board and Sister Mary were explicitly requested by Dr. Ladien to obtain
notarized copies of the answers to CME I-IV from SJAIL and the MEC and to review these answers PRIOR to setting any
hearing date. The appellate hearing Board was also specifically requested to provide copies of these notarized answers to
Dr. Ladien, IDPH, JCAHO and all other appropriate State and federal authorities with jurisdiction in these matters.
792.
To the extent that the appellate hearing Board has deliberately failed in its supervisory role over
SJAIL, the MEC and even Sister Mary and Sandra Bruce, they, too, are going beyond simple gross NEGLIGENCE of
supervision to actual co-conspirators in ongoing criminal activities.
3 Diocese of Joliet: Bishop Conlon, Sister Judith Davies and Alex Reckenmacher
793.
Following Dr. Ladien’s filing of his complaint and TRO against Presence et al. on 9/9/13, the final
appellate hearing was, in fact, temporarily laid by Presence itself reportedly due to “changes on the board.”
794. .Based on the lack of a positive response from Sister Mary Imler, Sandra Bruce and the board to Dr. Ladien’s
repeated efforts to indefinitely delay the final hearing and set up a mediated win-win resolution of these issues, 9/13/13, Dr.
Ladien reached out to Bishop Conlon of the diocese of Joliet for his assistance on these matters.
796. .As Sister Mary Imler, the chair of Presence, is a member of the Franciscan Sisters of the Sacred Heart which
is in the diocese of Joliet, Dr. Ladien first spoke with Sister Judith Davies who is the Delegate for Religious and thus the
supervisor for this order.
797. While Sister Judith Davies had experienced in the area of child abuse cases and even knew the Archdiocese’s
chief conciliator, Ralph Bonaccorsi, she was unaware of the Father Rudy Kos case and the concept of negligent
supervision.
798. In a similar way, then Chief of Staff for Bishop Conlon, Alex Reckenmacher, also was reportedly unaware of
the Kos case and the concept of negligent supervision.
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799. Both Alex Reckenmacher and Sister Judith Davies insisted that, despite the fact that they were the diocese in
which Sister Mary Imler’s Franciscan Sisters of the Sacred Heart was established, they had no “direct” influence over her.
800. Both Alex Reckenmacher and Sister Judith Davies were, however, helpful in arranging a call to the “general
community leader” of the Franciscan Sisters of the Sacred Heart, Sister Judith Plumb.
4 Sister Judith Plumb, General Community Leader, Franciscan Sisters of the Sacred Heart
801. Based on the efforts of Sister Judith Davies and Alex Reckenmacher, on Wednesday, 9/18/13, Dr. Ladien was
finally able to speak directly with Sister Judith Plumb, the general community leader of the Franciscan Sisters of the Sacred
Heart and, thus, the direct supervisor of Sister Mary Imler who is a member of this order.
802. Precisely because of Dr. Ladien’s sincere desire NOT to hurt the Sisters but, in fact, help them if at all
possible, he had intentionally NOT named them as defendants in his original complaint of 9/9/13. In fact, it was precisely
because of Dr. Ladien’s ethical, if not legal, “duty to warn” (Tarasoff) the Sisters of the potential dangers they faced that he
reached out first to Sister Judith Plumb and then to the other Sister supervisors for the five orders of Sisters who collectively
own Presence healthcare organization.
803.
As will be discussed below, just as with Pope Francis, Gov. Quinn, EOIG, IDPH, JCAHO and many other
defendants in this case, it is precisely to get these individuals to adopt Remedies that will PREVENT these problems in the
future that they are included in this complaint.
804. Based upon the information given to Sister Judith Plumb by Dr. Ladien, she specifically stated that she would
tell Sandra Bruce to meet with Dr. Ladien and Ralph Bonaccorsi to try and reach a win-win-win mediated resolution of this
case. In addition, Sandra Bruce was to specifically indefinitely delay the final hearing on Dr. Ladien status at SJH while this
mediation took place.
805. Dr. Ladien tried without success to find out from Sandra Bruce’s office on 9/19/13 and 9/20/13 (Thursday and
Friday) when these promised meetings were to begin.
806. It was not until the following Monday (9/23/13) that Dr. Ladien was informed by an assistant that not only
would Sandra Bruce NOT meet with him, the final hearing to remove him from the SJH staff was to take place on 10/1/13.
807. When Dr. Ladien called back to Sister Judith Plumb on Monday (9/13/23), she now stated “I can’t talk with
you. I won’t talk with you. I’m going to hang up the phone.”
808. To add insult to injury (literally), Dr. Ladien was then informed in writing that Sister Judith Plumb “never
agreed for you to meet with Sandra Bruce.”
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809. As Dr. Ladien in theory at least shares a common faith with Sister Judith Plumb, he has recommended that
they both swear on a Bible as to the veracity of their statements. Failing this, Dr. Ladien recommends that they both
undergo polygraph tests in an effort to establish the truth concerning this matter.
810. More to the point, however, is to find out who specifically “got” to Sister Judith following her discussion with
Dr. Ladien on 9/18/13.
811. By finding out in depositions who specifically spoke with Sister Judith and what specifically was said, it will
be concrete evidence as to grow within the Presence organization is responsible for the ongoing obstruction of justice as to
these matters including those related to the issues of Manslaughter and Murder One as well as the deliberate, illegal
harassment of a whistleblower trying to protect the Sisters and FIX THE SYSTEM.
812. Just as in so many abuse cases over the past 30 years where the Church has deliberately attacked the victims
and their families in an effort to silence them and hide the truth, so too here, the abusers are being “allowed” by the system
to literally get away with murder. This shall NOT stand.
813. Just as the Archdiocese of Dallas ultimately denounced Father Rudy Kos for his abuse of children, so too the
Sisters must ultimately make an ethical as well as legal choice to this about the deliberate and ongoing wrongful actions of
SJAIL and the MEC
814. That the Archdiocese of Dallas attempted in any way to defend the actions of Father Rudy Kos, the jury
award
might well have been closer to $250 million than the already record-breaking $119.6 M that it was.
815. Simply put, it is time for the Sisters to LEARN FROM HISTORY or simply see it repeated even worse than
before. It is precisely to avoid such problems that Dr. Ladien has made the efforts that he has over the last 1 ½ years from
reaching out to Cardinal George and now, ultimately, reaching out to Pope Francis, himself, for help in this matter.
5. Five Orders of Sister/Owners of Presence Healthcare Organization.
816.
After Sister Judith Plumb broke her promise to tell Sandra Bruce to meet with Dr. Ladien, over the next
several days Dr. Ladien attempted to reach the other Sister/supervisors of the five orders of Sisters who, collectively, own
the Presence healthcare organization.
817. The five orders of Sister/Owners of the Presence healthcare organization and their supervisors are as follows:
--Sister Judith Plumb, Franciscan Sisters of the Sacred Heart
--Sister Kathleen Mulchay, servants of the holy heart of Mary
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--Sister Patricia McDermott, Sisters of mercy
--Sister Barbara Jean Wojnicki, Sisters of the holy family of Nazareth
--Sister VirginiaAnn, Sisters of the Resurrection
818.
What is important to note is that with each Sister/supervisor contacted, just as with Sister Judith Plumb,
NONE of them knew anything about Sylvia’s WRONGFUL DEATH and Dr. Ladien’s WRONGFUL HARASSMENT
over 1 ½ years after the fact until Dr. Ladien discuss these matters with them directly on or after 9/18/13.
819.
As noted previously, in 1993, a therapist wrote that Father Rudy Kos was a “classic sociopathic sexual
predator.” But in 1998, Bishop Grahmann had to admit under oath that he had NEVER seen this report even though many
others in the Archdiocese knew about it and simply chose to cover up the problem.
820. Worse yet, these enablers of abuse within the Archdiocese had enough “power” to convince Bishop
Grahmann to defend the destructive actions of Father Kos rather than simply immediately working to FIX THE
PROBLEMS.
821. The $119.5M “message” from the jury was at, far from a case of “plausible deniability,” this was
NEGLIGENT SUPERVISION and was no longer acceptable behavior on the part of the Church.
822. While the fact that one and a half years after the fact, just as with Bishop Grahmann, this information was
Successfully kept from the Sister/Owners of Presence shows the power of abusers to hide their behavior. The fact that once
the Sisters knew about this illegal behavior, the abusers could still get them to block efforts to FIX THE PROBLEMS shows
everyone exactly the power of such abusers and their knowing and unknowing enablers and why this has remained a serious
problem for the Church over at least the last 30 years
823. Again, those who abused their power and killed Sylvia on hiding the truth to protect the Sisters, they are
hiding the TRUTH to protect themselves.
824. To the extent that not just the Sisters, but the Church and even the courts allow/enable such abuse to continue,
they, too, are simply NEGLIGENT in their supervision of the system. This, too, must end.
6. Swanson, Martin and Bell: Sisters vs SJAIL and the MEC—Inherent CONFLICTS OF INTEREST.
825. The two sides. Just as with Hall-Render, Anderson-Rasor and Hinshaw before them, Swanson, Martin and
Bell (SMB) have a fiduciary responsibility to the Sisters to protect their BEST INTERESTS; b) a duty to warn them of
potential dangers of illegal behavior on the part of their him place, including direct CONFLICTS INTEREST and c) a duty
of INFORMED CONSENT to make them aware of alternatives to litigation (ie, win-win mediation).
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826. To the extent that there is an inherent in fundamental CONFLICT OF INTEREST between the BEST
INTEREST of the Sisters, who knew nothing about the WRONGFUL DEATH of Sylvia before 9/18/13 and the desire of
SJAIL and the MEC to hide the Truth and OBSTRUCT JUSTICE, SMB has a fundamental decision to make as to who
their “true” clients in this case are going to be.
827. To the extent that the Sisters are the Owners of the Presence who, ultimately, pay the bills of SMB, SMB has
at the minimum the Responsibility (“DUTY”) to warn the Sisters as to this inherent conflict of interest.
828. If the Sisters are indeed the “clients” of SMB, then Chris Sheean has already done the Sisters an extreme
disservice in opposing Dr. Ladien’s TRO of 9/27/13 requesting the indefinite delay of the final hearing on the revocation of
his privileges at SJH and the beginning of out-of-court win-win mediation of these issues as specifically promised by Sister
Judith Plumb on 9/18/13.
829. In opposing this TRO, as Dr. Ladien pointed out at the time, Chris Sheean was enticing the Sisters into
CRIMINAL behavior and making the Sisters co-conspirators after the fact to Obstruction of Justice, WRONGFUL
HARASSMENT of a whistleblower, Manslaughter and, potentially, even Murder One.
830. To the extent that Chris Sheean is, in fact, representing SJAIL and the MEC, he was misrepresenting himself
to Judge Allen by not acknowledging the fundamental CONFLICT OF INTEREST in this situation between the Sisters and
SJAIL and the MEC.
831. To the extent that Judge Allen, himself, stated that he wished to have ALL PARTIES represented before him
in a TRO hearing, clearly, the Sisters were NOT” represented on 9/27/13 or 10/31/13.
832.
Further, to the extent that SJAIL and the MEC are deliberately engaged in ongoing illegal and CRIMINAL
behavior, as OFFICERS OF THE COURT, both Chris Sheean and Patricia Kocour of SMB have the ethical and legal
responsibility to report this criminal behavior and NOT defend/enable it.
833. Also, it is highly unlikely that Chris Sheean even spoke with the Sister/Owners of Presence, let alone gave
them INFORMED CONSENT concerning the legal RISKS that he and SJAIL were placing them in, BEFORE he
purportedly wrote his “cease and desist” letters ostensibly “on behalf of” the Sister/Owners of Presence, Sandra Bruce
(CEO of Presence) and Sister Mary Imler (Chair of Presence).
834.
Again, SHEEAN himself noted that he had been “told not to talk to” Dr. Ladien (probably by Eades).
While in a formal RICO-type forensic investigation into the WRONGFUL DEATH of Sylvia it will ultimately be found
who specifically told SHEEAN not to talk to Dr. Ladien and to write his “cease and desist” letters, obviously SHEEAN
already knows the answer to this important question.
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835.
The person telling SHEEAN to explicitly work AGAINST the best interests of the Sister/Owners of
Presence was, most likely, Chris EADES who, as a fundamental member of SJAIL, was explicitly involved in the
WRONGFUL DEATH of Sylvia in the first place. Again, just as with LusHawk and Hidalgo, EADES had the MEANS,
MOTIVE and OPPORTUNITY to want to see Sylvia dead to protect his job, license and even liberty (ie, jail time) should
Sylvia ever “wake up” and testify against them in court related to their ongoing criminal behavior.
836.
Again, as officers of the court, SHEEAN, KOCOUR and NICKELS all have a DUTY TO REPORT this
ongoing criminal behavior on the part of EADES and SJAIL to the appropriate authorities and PROTECT the Sister/Owners
of Presence from any further involvement in these CRIMINAL activities.
837.
Given the absolute travesty of justice that occurred in the final so-called “hearing” to revoke Dr. Ladien’s
privileges at SJH on 10/1/13 (a reportable event), it is all the more important that these issues be addressed in a timely
manner.
838.
Again, since 12/19/12, SJAIL has been holding a gun to Dr. Ladien’s head to Defame, Discredit and
Destroy him professionally in anticipation of a court case against them, SJAIL first killed Sylvia by their ongoing criminal
behavior. If SHEEAN, SMB and the courts simply wait for SJAIL to pull the trigger and induce the vote of the board of
SJH/Presence to revoke Dr. Ladien’s privileges, it will be too late. The damage to not only Dr. Ladien, but the
Sister/Owners and the Church will have been done. Simply put, the bell cannot be unrung.
839.
It must be emphasized, that to the extent that Chris Sheean and Patricia Kocour, in particular, and SMB, in
general, assist the SISTERS in finding a positive and loving, win-win out-of-court MEDIATED resolution to this case, not
only are they greatly helping the Sisters avoid criminal activity, they would be setting a strong example of Mediation
BEFORE Litigation with highly positive outcome results for the Sisters by their efforts. (Cf., eg, Kos final outcome.)
840.
For the record, Dr. Ladien would love nothing more than to see both the Sisters and SMB, most certainly
including Chris Sheean and Patricia Kocour, removed as any way as “litigants” involved in this case. To the extent that
SMB helps to seek a positive win-win resolution to these matters, they are helping everyone, including themselves, the
Sisters, Presence, the Church and humanity at large. Dr. Ladien wishes them well and literally prays for their success in
these efforts. Both Chris Sheean and Patricia Kocour can still represent the Best Interests of the Sisters if they so choose.
7. Kangaroo Court, Part 2: The Non-Hearing on 10/1/13—A Travesty of Justice. A Mockery of Due Process.
841. Following the ruling of Judge Allen on 9/27/13 to allow the final “hearing” on 10/1/13 to revoke Dr. Ladien’s
privileges at SJH to proceed, what occurred was a travesty of justice in a mockery of due process.
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842.
Simply put, Dr. Ladien was not even allowed in the Hospital when the so-called “hearing” took place. Also,
the notarized answers to CME I-V were never done, let alone read, by the hearing board or distributed to Dr. Ladien, IDPH,
JCAHO or the other appropriate legal authorities.
843.
As Dr. Ladien was denied the “right” to present witnesses at the original (anything but) “fair” hearing on
1/14/13-1/15/13, and was repeatedly blocked from questioning of witnesses who were present, there is not even the
pretense of “due process” in this case.
844. The very people who killed Sylvia in the first place (SJAIL and the MEC) are literally being “allowed” to act
as Judge, jury and executioner in this case— first with Sylvia and now with Dr. Ladien.
845.
SJAIL and the MEC have every incentive in the world to wish to defame, discredit and destroy Dr. Ladien
Professionally absolutely as completely as they can before this case is ever heard by a Real Judge and a Real Jury.
846. The fact that SJAIL and the MEC have the power to have Sister Judith Plumb go back on her promise to put
this hearing on hold and seek a mediated win-win out-of-court settlement shows the power these individuals have to corrupt
the system and obstruct justice.
847. Since allowing SJAIL and the MEC to manipulate the Sisters and the board into finalizing this process would,
by definition, make the Sisters and the board co-conspirators to obstruction of justice, wrongful harassment of a
Whistleblower, Manslaughter and, potentially, even Murder One, allowing this process to go forward before all of the facts
Are known without only do irreparable harm to Dr. Ladien, it would be harming the Sisters as well.
848. As the illegal revocation of Dr. Ladien’s privileges at SJH is a reportable event, even were Dr. Ladien to find
a “win” his case before the IDPR literally years from now, he would always have to report and explain this event for the rest
of his professional career.
849. As Dr. Ladien has not even have a lawsuit against them ever heard in court, he takes his professional
reputation very seriously.
850. As Sylvia’s medical bills for the 19 months that she and Dr. Ladien spent together in Hospital rooms were
over two and half million dollars, to say that Dr. Ladien cannot afford any further legal expenses to properly defend himself
would be a major understatement.
851. With Dr. Ladien to effectively fight to even partially regained his reputation was at best be a severe burden of
time and money. At 62 and seriously in that, Dr. Ladien has neither to spare.
Also, even fighting such a fight with
“assume” that the current “System” is actually FAIR, let alone effective. Given Dr. Ladien’s experiences to date with
SJAIL, the MEC, the board, the Sisters, IDPH, JCAHO, ARDC, EOIG and even Cardinal George and Gov. Quinn,
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empirically, this would be a bad” assumption” to make.
852. By simply placing a hold on a “final” ruling on Dr. Ladien’s revocation of privileges until the TRUE FACTS
of this case are known is not only FAIR, it is in the best interest of the Sisters as well as Dr. Ladien.
853. Unless of course can magically “unring the Bell,” by simply SEEKING THE TRUTH and ordering the parties
to finally meet and seek a win-win mediated resolution to this case, we can FIRST DO NO HARM in law as is already the
standard of practice medicine.
8. Archdiocese of Chicago (Cardinal George) over Sister Mary Imler, Bill Grogan and John O’Malley
854.
When Dr. Ladien reached out to Cardinal George in June 2012, he immediately did the RIGHT and
LOVING thing by appointing the Church’s chief conciliator, Ralph Bonaccorsi, to meet with Sister Mary Imler and Dr.
Ladien to find a positive win-win resolution to the current problems. Sadly, this was not to be. Again, the lesson to be
learned is that for SUPERVISION to be successful there must be followed through on these matters.
855.
Just as Sister Mary was “blocked by the lawyers” from meeting with IDPH’s chief investigator, Bill Bell,
the same lawyers along with SJH administration (SJAIL) have now blocked this meeting of Sister Mary with Dr. Ladien
and Ralph Bonaccorsi for over 15 months!
856.
Similarly, when Cardinal George asked the vicar of healthcare and “chief ethicist” for Presence, Bill
GROGAN to meet with Dr. Ladien and Ralph Bonaccorsi, he too has now refused to do this for over a year. Even when the
two priests second and third in command at the Archdiocese of Chicago, Msgr. John Canary and Father Dan Flenn,
specifically again requested for Bill Grogan to meet with Dr. Ladien and Ralph Bonaccorsi, GROGAN again simply
REFUSED this request from his supervisors.
857.
Clearly it is not just “giving” guidance, but insuring that it is ACTED upon that is the critical element to
effective supervision whether it is in the Church, government or healthcare organizations. Just as in the case of the Dallas
Archdiocese, it was not enough for them to simply “advise” Father Rudy Kos to “stay away from children.” The jury award
of $119.6 M in the case of Father Kos was as much to SEND A MESSAGE to the Archdiocese about “negligence, abuse,
negligence per se and gross negligence” as it was just simply punish Father Kos.
858.
Given the WRONGFUL DEATH of Sylvia and the absolutely stunning inability of not simply Cardinal
George and the Church but IDPH, EOIG, ARDC and even Gov. Quinn himself to simply FIX THE SYSTEM that finally
brings Dr. Ladien sadly and reluctantly to court to have these matters decided by a REAL JUDGE and a REAL JURY if a
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win-win out-of-court mediated resolution to these matters cannot be found.
859.
Yet, just as in the case of the $3 million payoff to Steven Cook to buy his silence about the sexual abuse by
Cardinal Bernadin, there are those in the Church such as Bill GROGAN and John O’MALLEY who may, in fact, as lawyers
either “believe” in litigation before mediation or, at the very least with their ETHICAL judgment reflect the Church of the
Pharisees and praetorian guard rather than the Church of Christ and love. This is a battle that MUST be fought and won for
the sake of both the Church and all who would support it and its true mission of PEACE and LOVE around the World.
860. As a “test” of the strength of the Church of Pharisees and Praetorian guards, Dr. Ladien recently offered to
share the simple equation and principles underlining his Global Energy Independence Program (GEIP) with Ralph
Bonaccorsi who would, in turn, share it with Cardinal George on the condition that this information be kept confidential for
the time being.
861. If Cardinal George agreed that GEIP was indeed credible, all that Dr. Ladien requested was that the share this
information confidentially with Pope Francis in return for an agreement that all efforts would be made to ensure that any
savings from these programs were used for the good of ALL.
862.
As GEIP could potentially save $2-3 Trillion/year of the $5-7 Trillion currently spent annually on energy
worldwide, one might have thought that this would be adequate incentive for Cardinal George to simply help in the
resolution of these problems for all of the RIGHT reasons.
863. Both surprisingly and disappointingly, to date Cardinal George has rejected the idea of meeting with Dr.
Ladien and Ralph Bonaccorsi even when the Church and the Sisters could be strongly supported in their fundamental
missions both here and abroad.
864. While Dr. Ladien has yet to hear back concerning for to have Ralph Bonaccorsi share this information directly
with Pope Francis, the fact that there should be any hesitation whatsoever to do what would clearly be something positive
for both the Church and the people of the world makes one wonder as to the true priorities of the Church.
865. In addition to potentially sharing the principles of GEIP with Ralph Bonaccorsi, Dr. Ladien remains willing to
share this information with others, including members of the court, to confirm the credibility of these proposals as long as
this information remains confidential until appropriate agreements are in place to ensure its use for the benefit of ALL.
9. Cardinal Raymond Burke, Canon Law Division, Vatican.
“Thou shalt not kill.” Exodus 20; Deuteronomy 5.
866. The above quote, to the WRONGFUL DEATH of a 59-year-old woman in a Catholic Hospital is a violation
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of cannon law that should be condemned by the Sister/Owners as much as the WRONGFUL ABORTION of a nine-monthold fetus or the WRONGFUL ABUSE of a nine-year-old child in the same CATHOLIC institution.
867. Deliberately ignoring a patient’s multiple Advance Directives to be FULL CODE and even euthanasia are
against cannon law as are Manslaughter and Murder One.
868. Presence healthcare organization advertises themselves as the largest Catholic Hospital group in Illinois.
869. While Cardinal Burke, the head of the Vatican’s Canon law division, while sympathetic to the loss of Sylvia
has to date tried to ignore the severe violations of cannon law inherent in the situation. (Cf. Exhibit O.)
870. Neither the Sisters nor the Church can simply “wash their hands” of the WRONGFUL DEATH of Sylvia
any more than Pontius Pilate could wash his hands of the WRONGFUL DEATH of Christ. It doesn’t work any better now
than it did to 2000 years ago.
871. As the Sister/Owners of Presence must follow the ethical edicts of the Church in the running of the Hospital,
the Church from Bishop Conlon to Cardinal George to Cardinal Burke to Pope Francis himself are NEGLIGENT in their
SUPERVISION of the Sisters if they do not condemn me WRONGFUL DEATH of a patient just as they would condemn a
WRONGFUL ABORTION in the same institution or the WRONGFUL ABUSE of a child in the Church.
10. Pope Francis-- BENEVOLENT SUPERVISION over Archdiocese of Chicago (Cardinal George) and Sr. Mary.
872.
As noted above, just before the election of Pope Francis, the Cardinals (including Cardinal George) for a
homily from Maltese Cardinal Prosper Grech about the fundamental need to reform the Church and return to its original
mission. Dr. Ladien firmly believes that both Pope Francis and Cardinal George wish to see the Church of Christ and Love
prevail once and for all over the Church of Pharisees and Praetorian Guards. It is precisely to HELP Pope Francis and
Cardinal George to achieve these essential goals that Dr. Ladien brings this suit before the court at this time.
873.
Rather than simply “negligent supervision,” on certain levels there is an active fight within the Church by
Those such as the lawyers GROGAN and O’MALLEY who would seek litigation and to attack whistleblowers who would
try to truly fix the system. Conversely, in her heart of hearts, if Sister Mary is simply helped to “do the right and loving
thing,” Dr. Ladien firmly believes that she would choose to do this.
874.
If the guidance of Pope Francis can help to positively influence the actions of not just Sister Mary but
Cardinal George and even Bishop Conlon to DO THE RIGHT and LOVING THING, he will be helping not only them,
but the Church and many, many more around the World for all of the RIGHT reasons.
875.
As noted above for Cardinal George, Dr. Ladien also remains willing to share the simple equation and
principles underlying GEIP with Pope Francis in return for his agreement that any potential savings from these programs
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would be used, to the greatest extent possible, for the benefit of ALL of God’s children.
876. While Dr. Ladien has yet to hear back from Pope Francis concerning this proposal, it is yet one more way that
“something very GOOD” could be made of “something very Bad.” This remains Dr. Ladien’s primary goal throughout this
entire process.
FF. Addendum—Subsequent Events Occurring During the Period: 11/27/13-2/14/14
1. 12/5/13: The Wrongful “Termination” of Dr. Ladien.
877. Having been barred from even entering SJH, let alone presenting witnesses and a due process defense at the
appellate non-hearing on 10/1/13, Dr. Ladien made numerous appeals through both Sheean AND the Archdiocese to ask the
Sisters to put a HOLD it any further actions on these matters pending a FULL INVESTIGATION of the FACTS and a
sincere effort to find a win-win out-of-court mediated resolution to these matters.
878. Despite these Sisters/Owners of Presence having the ultimate SUPERVISORY role over SJAIL and the
Boards, they continue to be NEGLIGENT in their SUPERVISION of the very people who killed Sylvia in the first place
and are doing their utmost to have this case thrown out of court BEFORE a single FACT is heard.
879. Thus, unbeknownst to Dr. Ladien and, the STH board voted on 12/5/13 to TERMINATE Dr. Ladien’s
privileges at SJH without even the semblance of FAIRNESS, let alone DUE PROCESS.
880. Also, although Sheean appeared before Judge Allen on both 12/18/13 and 12/27/18, Sheean deliberately
FAILED to mention this termination to either Judge Allen or Dr. Ladien showing, at the very minimum, a significant
disrespect towards both.
881. Again, while SJAIL has a clear vested interest in both OBSTRUCTING JUSTICE and blocking this case from
moving forward, the fact that Sheean would allow SJAIL to make these decisions make him, by definition, a co-conspirator
after the fact to the WRONGFUL DEATH/MANSLAUGHTER of Sylvia and ON-GOING criminal activities of SJAIL
2. 12/16/13: Filling of Libellus with the Archdiocese for the Formal Investigation into the WRONGFUL DEATH of Sylvia
and WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER.
“Catholic health care organizations are NOT permitted to engage in immediate material cooperation in actions that are
intrinsically immoral”-- Ethical and Religious Directives of the US Conference of Catholic Bishops state that:
882.
As official members of the CATHOLIC Church, the Sister/Owners of Presence are OBLIGATED to follow
the Ethical and Religious Directives of the US Conference of Catholic Bishops (US CCB) as well as all other ethical
directives of the Church and CANON LAW.
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883. Thus, again, the Sister/Owners of Presence can no more condone the WRONGFUL DEATH of a 59-year-old
woman at their CATHOLIC hospital than they could condone the WRONGFUL ABORTION of a nine-month old fetus or
the WRONGFUL ABUSE of a nine-year-old child at the same CATHOLIC institution. Simply put, these are clear
VIOLATIONS of cannon law as well as civil and CRIMINAL law.
884. Precisely because Cardinal George has repeatedly incorrectly stated that he is “powerless” to “tell” the Sisters
that they MUST adhere to Canon law and the ethical and religious directives of the Church, on 12/16/13 Dr. Ladien filed a
cannon law libelous to COMPEL Cardinal George to enforce these directives.
885. On matters of Canon law, Cardinal George is, in fact, the OFFICIAL SUPERVISOR to the Sister/Owners of
Presence. Under Canon law 1717, Cardinal George is OBLIGATED to INVESTIGATE ethical WRONGDOING within
the Chicago Archdiocese which includes St. Joseph hospital.
886. Again, under Canon law 189, Cardinal George would be NEGLIGENT in his SUPERVISION of the
Sister/Owners of Presence if he FAILED to both INVESTIGATE such ethical wrongdoings and then ORDER these matters
to be FIXED.
887. Similarly, under Canon law 1717, the Sister/Owners of Presence as the OFFICIAL SUPERVISORS of both
SJAIL AND the boards of both SJH and Presence may, too, would be NEGLIGENT in their SUPERVISION of their
employees to NOT fully INVESTIGATE these matters and FIX THE PROBLEMS BEFORE any further damage is done.
888. Thus, the Sister/Owners of Presence have not only the “right,” but the RESPONSIBILITY to place a HOLD
on the WRONGFUL TERMINATION of Dr. Ladien as a WHISTLEBLOWER BEFORE any further damage is done.
3. 12/21/13: Formal proposal to KL Gates for the Gifting of GEIP and implementation of “Four Tools”
Francis and the Bill and Melinda Gates Foundation.
889.
Plus One to Pope
In a continuation of Sylvia’s desire to always make “something very GOOD” out of “something very Bad,”
on 12/21/13 Dr. Ladien reached out to Michael Abernathy in the intellectual products division of KL Gates in an effort to
gift his Global Energy Independence Program (GEIP) to both Pope Francis and the bill and Melinda Gates foundation.
890. As noted previously, GEIP could potentially save up to $2-$3 trillion per year of the $5-$7 trillion spent
annually on energy around the world mostly on carbon-based energy sources (oil, coal and gas).
891. To the extent that such savings, in the right hands and with the right LEADERSHIP, could go a long way
towards not only and being poverty, hunger, illiteracy and infectious diseases but, when combined with IF-PREVENT,
Super-EPIC and Safe Haven, could also have the potential for significantly REDUCING man’s inhumanity to man
including ABUSES OF POWER up to war itself, this would be the sort of PROFOUND GOOD that would please Sylvia
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and all other victims of abuse over the ages greatly.
892. While Dr. Ladien has absolutely no doubt that Pope Francis, Bill and Melinda Gates and Bill Gates Senior
could all do great good with these “four tools (plus one),” in the wrong hands, releasing especially GEIP before fundamental
agreements are in place, could be as much a curse as a blessing.
893.
To Dr. Ladien’s rather considerable surprise, Michael Abernathy has suggested that both the Archdiocese
of Chicago and Northwestern Hospital (both “clients” of KL Gates) must “sign off” on these proposals to avoid any
potential “conflict of interest” related to these clients!
894. While clearly these proposed gifts by Dr. Ladien are meant to HELP humanity, it would appear utterly bizarre
to even think that the Archdiocese of Chicago or Northwestern hospital could or would even want to in any way “stand in
the way” of such gifts.
895. As Dr. Ladien has commented to Michael Abernathy, “You wouldn’t think giving away $3 Trillion a year
would be that hard.” Go figure.
896. To the extent, however, that these “four tools” of GEIP, safe haven, IF-PREVENT and Super EPIC can,
ultimately, be part of a win-win mediated “remedy” to this case, nothing could please Sylvia and Dr. Ladien more.
4. 12/27/13: Dr. Ladien’s Motion for Sister’s to have Independent representation and to agree to an out-of-court mediated
resolution of this case.
897.
On 12/27/13, Dr. Ladien again brought a motion before Judge Allen to compel Sheean to identify precisely
who he was representing, to assure the Sister/Owners of Presence were appropriately WARNED of the legal dangers they
potentially faced by not FIXING these problems and seeking a win-win out-of-court mediated resolution to these issues.
898. Again, while Sheean clearly knew that the STH board had already illegally voted to terminate Dr. Ladien,
Sheean deliberately withheld this information from BOTH Judge Allen and Dr. Ladien.
899. Thus, while Dr. Ladien has made REPEATED good faith efforts from the very beginning to request of Judge
Allen that this case simply be mandated to MEDIATION, sadly, this outcome has yet to happen.
5. 1/1/14: Presentation of “Chicago-BAJE Win-Win Mediation BEFORE Lose-Lose Litigation Paradigm (WWMBL3) to
Dorothy Brown and Chief Judge Timothy Evans (BAJE = Brown, Allen, Jacobius, Evans)—Sylvia’s Law.
900. Similar to Dr. Ladien’s gifting of GEIP, on one/one/14 he reached out to both Dorothy Brown and Chief
Justice Timothy Allen to begin a dialogue concerning his “Chicago-BAJE Win-Win Mediation BEFORE Lose-Lose
Litigation (WWMBL3) Paradigm” as a model especially for pro se cases moving forward.
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901. While no answer has yet been received, Dr. Ladien is also in the process of reaching out to politicians of
BOTH parties to make fundamental TORT REFORM, including WWMBL3 and part of the Spring legislative agenda in the
context of “Sylvia’s law.”
6. 1/13/14: Dr. Ladien’s Motion to Stay Reporting of False Termination to NPDB
902.
As noted above, while the SJH board voted to illegally TERMINATE Dr. Ladien’s privileges on 12/5/13,
they did not notify him of this vote until they sent him a certified letter which he received on 12/30/13.
903. As SJH bylaws clearly state that there is a 15 DAY waiting time from the formal notification of a termination
to the point that notification should be sent to the National Physicians’ Data Bank (NPDB) no notification should have been
sent prior to 1/14/14.
904. Thus, Dr. Ladien brought a motion before judge Neal Cohen on 1/13/14 (Judge Allen was on vacation)
asking for an emergency STAY of this notification until a full investigation had occurred.
905. Because the report to the NPDB had already occurred, however, Judge Cohen determined that this issue was
“moot.”
906. Sheean, however, at this same hearing also deliberately and FALSELY claimed that “SJH had followed all
due process procedures” concerning these matters.
907. As such Deliberate WILLFUL and WANTON violation of SJH bylaws in the WRONGFUL HARASSMENT
of a WHISTLEBLOWER are, again, direct VIOLATIONS of 210 ILCS 45/3-810 of Illinois whistleblower protection laws,
these alone would be sufficient reason for rejecting Sheean’s Motion to Dismiss Dr. Ladien’s WRONGFUL
HARASSMENT and WHISTLEBLOWER claims against SJAIL et al..
908. While Dr. Ladien immediately and officially challenged SJAIL’s report to the NPDB, it is the SISTERS and
NOT SJAIL who should be making the decision to ask the NPDB to put any final “reporting” of Dr. Ladien on HOLD until
these matters are FULLY investigated.
909. Again, if Cardinal George and the Sisters REFUSE to INVESTIGATE these matters through the Canon law
1717 Libellus process, then Dr. Ladien will ask Judge Allen to REPORTS this CRIMINAL behavior to the appropriate
authorities so that a full forensic RICO investigation can be conducted, with or without a SPECIAL PROSECUTOR, as was
appointed to investigate the 9 1/2-year cover-up of the WRONGFUL DEATH of David Koschman in the case of Mayor
Daley’s nephew, RJ Vanecko.
910. Dr. Ladien also continues to request that a mandated MEDIATED out-of-court resolution of these matters
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including FULL DISCOVERY be ordered by Judge Allen in the name of both FAIRNESS and JUSTICE.
7. 1/14/14: Jeff Anderson and Marc Pearlman’s Press Conference on 30 Years of Abuse Cases in Church
911. As a matter of “Sylvia Being Sylvia,” (SBS), it is also more than appropriate that on 1/14/14 Jeff Anderson
and Marc Perlman would hold a press conference to announce some of their findings concerning 30-60 priests charged with
sex abuse that they have been investigating over the past 7 ½ years.
912. What is especially notable about ALL of these cases of ABUSE is the CONTINUING PATTERN of
COVER-UP and DELIBERATE HARASSMENT and INTIMIDATION of victims, their families and other
WHISTLEBLOWERS who have demanded that such ABUSES be fully INVESTIGATED, FIXED and, above all,
PREVENTED in the future.
913. This is, of course, precisely what Dr. Ladien’s Investigate, Fix and PREVENT (IF-PREVENT) and SuperEPIC programs are designed to do which is, again, precisely why they are such important REMEDIES in this case.
914. The fact that GEIP could very much help to find the implementation of IF-PREVENT and Super-EPIC not
just in Illinois by the, literally around the world would, again, be a perfect example of “making something very GOOD” out
of “something very Bad” indeed.
915. With the use of IF-PREVENT in super epic, Cardinal George or even Pope Francis would literally know at
the click of a button the status of abuse cases throughout the Archdiocese or, quite literally throughout the world.
916. Thus, the very same systems that could have helped to PREVENT Sylvia’s WRONGFUL DEATH in the
medical context can be used to Investigate, Fix and PREVENT cases of abuse in the Church, schools, businesses,
government both here and around the world can be part of the REMEDY sought by Dr. Ladien in the current case.
917. The fact that the implementation of GEIP could easily help to fund the implementation of IF-PREVENT and
Super-EPIC is totally consistent with Dr. Ladien’s value system of ALWAYS seeking when-win resolutions to problems
whenever and wherever possible.
8. 1/20/14: Martin Luther King’s Birthday—Dr. Ladien’s Response to ARDC—“No One is Above the Law.”
“St. Joseph Administration and Its lawyers (SJAIL) could only be so audacious and flagrant in their violation of the law,
illegally changing Sylvia’s multiple Advance Directives to be FULL CODE and then literally standing by for SEVEN
DAYS as Sylvia slowly DROWNED TO DEATH on her own secretions and then seeking the WRONGFUL
TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE SYLVIA, because on some level
they understood that the current lose-lose litigation system would protect them and their UNETHICAL and CRIMINAL
behavior.”
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918.
As noted at the beginning of this complaint and above, SJAIL’s extraordinarily UNETHICAL and
CRIMINAL behavior simply could not and would not exist if they did not on some very fundamental level feel that the
current “lose-lose litigation system, would protect them.
919. The very fact that some two years later SJAIL, let alone other “official” entities, have YET to even be
investigated, let alone charged, gives more than a little credence to their underlying assumption.
920. As Dr. Ladien noted in his response to Alicia Duncan’s (Duncan) motion to dismiss ARDC defendants, both
the 9 1/2 YEAR delay in investigating, let alone charging Mayor Daley’s nephew and the recent revelations concerning
“political influences” in the Metra-Gate scandal only scratch the surface by now absolutely DYSFUNCTIONAL the current
lose-lose litigation system is.
921. And yet, in many ways, even the 9 ½ year “lag” in investigating Mayor Daley’s nephew pales by comparison
to the at least 30-50 years of deliberate cover-ups of abuse within the Catholic Church which clearly could not have
occurred without at least at the tacit “approval” of officials at many levels throughout government.
922. The same argument can be easily made where outcomes in cases are all too often “the best that money can
buy.”
923. Even in the absence of outright corruption, the simple disparity in the economic ability of the “powerful” and
“well-connected” well illustrates the fundamental unfairness of the current lose-lose litigation system.
924. While, in theory at least, “No one is above the law,” all too often, in practice, the current lose-lose litigation
system is simply one “of the powerful, by the powerful and FOR THE POWERFUL.”
925. Not just in Illinois, but quite literally around the World, this is the reality of our current lose-lose litigation
systems.
926.
If we are truly to develop “a more perfect union” as at least in theory envisioned by our forefathers (for all
of their failings) and, more recently, by Dr. King and so many others, then we must move towards a win-win Mediation
BEFORE Litigation system for the benefit of ALL.
927. The Chicago-BAJE Win-Win Mediation BEFORE Lose-Lose Litigation (WWMBL3) is meant to help bring
the Darwinian “law of the jungle” legal system up to the win-win standards of Hippocrates (FIRST DO NO HARM) and
Christ (“Do onto others…”) that have been the STANDARD of CARE in medicine for the past 2300 years!
928. As Dr. Ladien notes, “Better late than never.”
929. If SJAIL and others were somehow “successful” in getting this case “thrown out” before even a single FACT
was heard, this would illustrate precisely WHY SJAIL and others could with such confidence believe that they could quite
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literally “GET AWAY WITH MURDER!”
930. In the end, however, if true JUSTICE is to prevail then, NO ONE IS (OR SHOULD BE) ABOVE THE LAW!
931. Thus, even if attempts were made to throw Dr. Ladien’s case out WITHOUT DISCOVERY, let alone a full
trial, if win-win mediation is not “allowed,” then SPECIAL PROSECUTORS and even ELECTIONS would be all the more
relevant.
932. In a true DEMOCRACY, ultimately such decisions are up to the PEOPLE.
933. Even in our current system, however, when discussing ERRORS OF FACT and ERRORS OF JUDGMENT,
Justice Louis Brandeis was quite correct when he stated that “When you have all of the facts, your judgment MAY be
correct. But when you do NOT out of all of the facts, your judgment CANNOT be correct.”
934. Thus, in the search for TRUTH and JUSTICE, FULL DISCOVERY and a gathering of ALL of the FACTS is
the ESSENTIAL first step in the process.
9. 1/31/14: Mayor Daley’s Nephew (“RJ” Vanecko) Pleads to MANSLAUGHTER.
935. While it may have taken 9 ½ YEARS, in the end, Mayor Daley’s nephew then, in fact, plead GUILTY to
MANSLAUGHTER.
936. As important as RJ Vanecko’s plea is, however, Dan Webb’s investigation as a SPECIAL PROSECUTOR
into the 9 ½ year long COVER-UP of these matters is even more important.
937. Again, while the statute of limitations may have “run out” for many of the potential crimes involved in this
case, the same is NOT true concerning Sylvia-Gate.
938. And, whereas Dan Webb specifically did NOT investigate “federal” issues (including RICO), there is no such
potential limitation on an investigation into the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT
and WRONGFUL TERMINATION of Dr. Ladien as a WHISTLEBLOWER desperately trying to SAVE Sylvia.
939. Thus, although JUSTICE may be slow, SJAIL can and SHOULD face a full INVESTIGATION if the System
is to be FIXED and we are to grow towards “a more perfect union.
10. 1/28/14: Archdiocese/s Refusal to Investigate—“Transparency and Accountability”?
940. Just prior to the news conference by Jeff Anderson and Marc Pearlman, during which a release
documentation concerning some 30-50 years of abuse cases in the Chicago Archdiocese, Cardinal George released a homily
on “Transparency and Accountability” in the Church.
941. And while Cardinal George went out of his way to imply that these abuse issues were “something of the past,”
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if he is to be truly SINCERE concerning these matters than words must be matched by real ACTIONS.
942. While, as discussed above, Cardinal George has a DUTY to INVESTIGATE Sylvia’s WRONGFUL DEATH
under Canon law 1717, he has, to date, attempted to AVOID the very “transparency and accountability” he claims to
endorse.
943. Simply put, if Cardinal George REFUSES to INVESTIGATE these matters on his own, then it will be up to a
SPECIAL PROSECUTOR using the full FORENSIC INVESTIGATION resources consistent with a state and federal RICO
investigation at ALL levels of the system.
11. 2/4/14: Second Anniversary of Sylvia’s Death—Release of Special Prosecutor’s Report (SBS)
944.
Just as Dan Webb did forensic interviews on everyone up to and including Gov. Quinn, if Cardinal George
refuses to investigate these matters as he is OBLIGED TO DO UNDER CANON LAW FULLY AND COMPLETELY IN
A TIMELY MANNER, Dr. Ladien would ask Judge Allen to refer this case to the appropriate legal authorities to conduct a
full forensic investigation concerning these matters.
945. Again, it is only by the DISCOVERY of the TRUTH, the whole TRUTH and nothing but the TRUTH that we
can hope to INVESTIGATE, FIX and PREVENT such problems in the future.
12. 2/12/14: Chris Sheean—“I represent SJH” (The people who Killed Sylvia in the first place)
946. After some FIVE MONTHS of effort, Sheean has finally acknowledged that he is representing SJAIL, the
very people who KILLED Sylvia in the first place!
947. As noted in detail throughout this complaint, it is ethically IMPOSSIBLE for Sheean to represent BOTH
SJAIL (the people who killed Sylvia) AND the Sisters, who knew absolutely NOTHING about these matters for over 1 ½
years.
948. Dr. Ladien, therefore, AGAIN requests of Judge Allen that he asked the Sisters DIRECTLY, both who they
wish to have represent them in these matters, and if they have Julie been given INFORMED CONSENT as to the ETHICAL
CONFLICTS OF INTEREST of Sheean trying to represent both of them AND SJAIL simultaneously.
949. Historically, lawyers have often been at the CENTER of the very cover-ups that have gotten the Church into
trouble time and time again.
950. If there is to be true “Transparency and Accountability,” in these matters, then it must start RIGHT HERE and
RIGHT NOW for the GOOD of ALL.
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Section V. Summary of Canon Law Issues, Responsibilities, Supervision and Core Requests.
1.Canon Law—AFTER DALLAS: Nine “Lessons Learned.:
“For all who do evil hate the light and do not come to the light, so that their deeds may not be exposed. But those who do
what is true come to the light, so that it may be clear that their deeds have been done in God” --Jesus (John 3:20-21).
951. The following are quotes from “BEFORE DALLAS—The US Bishop’s Response to Clergy Sexual Abuse of
Children,” Nicholas P Cafardi, 2008.
Chapter 6: CANONICAL LESSONS TO BE LEARNED (NOT limited to sexual abuse of children.--KL)
952. A. The Bishops’ Duty to Investigate Crimes.
--The first canonical lesson is that a Bishop cannot shirk his duty under the code of Canon law to investigate cannon crimes.
C 1717, SS 1: “Whenever an ordinary (a Bishop) has knowledge which seems true that a canonical crime has been
committed, he is to carefully inquire personally, or through a delegate, about the facts, the circumstances and the
culpability.”
--Inquirat—(subjunctive) = “MUST inquire.”
--For every duty imposed by the code, there is a concurrent right (of the victims for protection).
-- There is, therefore, a Canon DUTY for both Cardinal George (Chicago) and Bishop Conlon (Joliet) to investigate fully
the WRONGFUL DEATH of Sylvia at a CATHOLIC institution-- specifically where there were clear VIOLATIONS of
cannon law (eg, deliberately ignoring Sylvia’s multiple Advance Directives to be FULL CODE; withholding feedings and
medications; failure to provide basic standard of care procedures-- protecting airway and breathing; etc.).
953. B. A Means to Vindicate Rights.
-- The second canonical lesson is that the Church’s legal system must develop effective means for vindicating the rights of
the faithful.
C 221, SS1: “The Christian faithful can legitimately vindicate and defend the rights which they possess in the Church in the
competent ecclesiastical forum in accord with the norm of law.”
C 1389, SS2: “A person who through CULPABLE NEGLIGENCE illegitimately places or omits an act of ecclesiastical
power, ministry, or function with harm to another is to be punished with a just penalty.”
-- Cf Fr Rudy Kos, NEGLIGENT SUPERVISION = $119.6 M “message” from the jury = “Silence is NOT OK.”
--Simply put, CULPABLE NEGLIGENCE = NEGLIGENT SUPERVISION.
-- Cardinal George and Bishop Conlon have not only the right, but the RESPONSIBILITY to supervise the actions and
inactions of the Sisters/Owners of Presence to ensure that they are in compliance with cannon law at all times.
-- Cardinal George and Bishop Conlon thus also have the RESPONSIBILITY to “vindicate their rights” of Sylvia and Dr.
Ladien by enforcing Canon law specifically to FIX THE SYSTEM so that such ABUSES OF POWER are PREVENTED
from happening again in the future. (Cf. ultimate settlement of Kos case specifically included the implementation of
programs to screen for and PREVENT child abuse in the Church moving forward..)
-- The 2002 Bishops’ conference in Dallas was, in fact, to help facilitate the implementation of such preventive systems
moving forward.
-- Again, Presence advertises itself as the “largest CATHOLIC Hospital system in Illinois.” Similarly, Presence/SJH
specifically advertises itself as part of the Presence healthcare system.
-- If St. Joseph Hospital chooses to change its name to “Joe’s Pizza Hut,” then there would be no Canon law issue.
-- But to the extent that Presence/SJH intends to remain a CATHOLIC institution, then the Sister/Owners must abide by
Canon law as well as the “Ethical and Religious Directives” of the USCCB.
-- Again, the Sister/Owners of Presence can no more condone the WRONGFUL DEATH of Sylvia at SJH and they can
condone the WRONGFUL ABORTION of a nine-month-old fetus or the WRONGFUL ABUSE of a nine-year-old child at
the same CATHOLIC institution. Simply put, these are violations of cannon law as well as civil and criminal acts.
-- Because both Cardinal George and Bishop Conlon would be guilty of CULPABLE NEGLIGENCE in NOT enforcing
Canon law concerning the WRONGFUL DEATH of Sylvia and, by extension the WRONGFUL HARASSMENT of Dr.
Ladien as a WHISTLEBLOWER trying to PREVENT this WRONGFUL DEATH, both me and the Church would clearly
be NEGLIGENT in their SUPERVISION if they do not proceed to correct these matters with all deliberate speed.
954.
C. Tribunals for the Appeal Process.
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-- The third canonical lesson is that the Church must develop professional tribunals, regional or national, if necessary, to
handle the penal process.
--Diocesan tribunals failed to prosecute Canon 1395, SS 2 crimes, the sexual abuse of a minor by a cleric, when such
prosecutions may have stopped the problem in its tracks.
-- In a similar manner, simple ENFORCEMENT of Canon law as noted above (along with standard Presence/SJH, IDPH
and JCAHO guidelines) most definitely would have PREVENTED Sylvia’s WRONGFUL DEATH in the first place.
955. D. The Bishop’s Authority in the Diocese.
--The fourth canonical lesson is that Bishops need to exercise their ordinary, proper, and immediate authority in their own
diocese, without looking over their shoulder for instructions from Rome.
-- Rome appoints the Bishops, but the people sustain them. (Cf., again, NEGLIGENT SUPERVISION.)
-- Thus, not only to Cardinal George and Bishop Conlon ALREADY have the “ordinary, proper and immediate authority”
to supervise the actions of the Sister/Owners of Presence, they have a Canon RESPONSIBILITY to do so.
-- Just as state and federal agencies as well as the courts must enforce CIVIL law, Cardinal George and Bishop Conlon have
the absolute RESPONSIBILITY and “AUTHORITY in the diocese” to enforce Canon law immediately and without further
equivocation concerning the WRONGFUL DEATH of Sylvia and the ongoing WRONGFUL HARASSMENT of Dr.
Ladien as a WHISTLEBLOWER desperately trying to save Sylvia’s life.
956. E. The National Bishops’ Conference.
--The fifth canonical lesson is that, in certain areas, the National Bishops’ Conference (now USCCB) must be empowered to
act promptly and on their own initiative. (Again, cf NEGLIGENT SUPERVISION = Kos.)
Note: Throughout the book, Cafardi, either through ignorance or intent, minimizes the DELIBERATE stonewalling of the
USCCB on many of these issues— not least because of the DIRECT culpability of a cabal of Bishops and Cardinals, along
with others, who were, in fact, ABUSERS themselves. (Cf. Engel’s lengthy discussions on such matters in her enclosed
chapter concerning Cardinal Bernadin, etc.)
--Also note Cardinal George’s own quote “The sins of Priests and Bishops destroy the Church, and I think asked what we’re
seeing here.”-- 1/31/06, Catholic News Agency.
--Also note Cardinal Prosper Grech’s “the sins of Satan” WITHIN the Church.
-- Also note Dr. Ladien’s “the Church of Pharisees and Praetorian Guards” (Bernadin, O’Malley, Grogan) versus “the
Church of Christ and Love” (the Sisters?, Jimmy Stethopolous?, Fathers Dan Smilanic and Jeff Grob? Cardinal George?,
Cardinal Burke?, Pope Francis— YES definitely!!!)—Cf. “NOW is A Time for CHOICES.”
-- To date, the USCCB is not even responded to Dr. Ladien’s numerous attempts to reach out to them for help in resolving
these issues.
957. F. The Bishops Duty to Foster the Common Good.
--The sixth canonical lesson is that the diocesan Bishops need to be conscious of the responsibility to foster the common
good and to balance the rights of priests and laity.
--A diocesan Bishop is bound by Canon 383, SS1 to show concern for all the Christian faithful committed to his care,
regardless of age, condition, or nationality and in Canon 223, SS2, when rights conflict, he is to foster the common good.
-- In this particular case, it is clearly in, the common good” to FIX THE SYSTEM so that the Arrogance, Stupidity and
Systematic Abuses of Powers (ASSs) that led to Sylvia’s WRONGFUL DEATH and Dr. Ladien’s WRONGFUL
HARASSMENT as a WHISTLEBLOWER desperately trying to save Sylvia NEVER HAPPEN AGAIN!
-- To the extent that both Cardinal George and Bishop Conlon simply ENFORCE Canon law they are, most definitely
fostering “the common good.”
958.
G. Secrecy as a Legal “Value.”
--The seventh canonical lesson is that no legal system or system of governance can be effective when its highest value is
secrecy.
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--Crimen sollicitationis, which gave jurisdiction over the crime of sexual abuse of minors by clergy to the Holy Office in
1962, was never officially published. Instead, it was sent, IN SECRET, to the world Bishops, with instructions to keep it
secret (!) by placing it in the secret archives of the diocese.
-- This secrecy in turn led to a complete lack of ACCOUNTABILITY from the Bishops. Since no one knew what they were
doing, no one could ask any questions.
--The idea that secrecy should be a value, let alone a foundational one, in Christ’s Church, it’s legal system or its system of
governance should be ABHORRENT. Secrecy is the ENEMY of openness and truth.
--As quoted above, Jesus said “For all who do evil hate the light and do not come to the light, so that their deeds may not
be exposed. But those who do what is true come to the light, so that it may be clear that their deeds have been done in
God” (John 3:20-21).
-- Clearly, the words of Jesus are as true today as when he first spoke them some 2000 years ago.
-- Cardinal George, Bishop Conlon, Cardinal Burke and even Pope Francis all have a SUPERVISORY RESPONSIBILITY
to not only ensure that such abuses end, but that the secrecy and cover-ups that have surrounded such abuses for at least the
past 30 years also end and END NOW
959.
H. The Bishop’s Duty to Determine Assignments.
-- The eighth canonical lesson is that diocesan Bishops cannot delegate the question of the assignment or reassignment of
their priests to others, not even psychiatric professionals, under any circumstances.
-- It was clear from the start, and the Bishops would have known it if they were paying attention, that Catholic parents did
not want sexually abusive priests serving in their community (or helpless patients being KILLED in their Hospitals—
Deliberately ignoring Advance Directives to be Full Code = Manslaughter and must NEVER happen again).
960.
I. A Necessary Change In the Law.
--The ninth Canon lesson is perhaps the most important. The canonical penal process had difficulty, and eventually failed, to
deal with this sexually abusive behavior of certain priest with minors.
-- It has recently been suggested that the code of Canon law could be modified to clear a priest guilty of violating Canon
1395, SS2 to be impeded from the exercise of ministry.
-- Pope John Paul II in his final address to the assembled American Cardinals in April 2002 said very unequivocally,
“People need to know that there is no place in the priesthood for those who would harm the young.” (or anybody else for
that matter—KL)
-- The time is long past are saying one thing and doing another. If the Church stands behind the successor of Peter, these
words must have a meaning beyond the rhetorical.
-- They must become part of the Church’s legal system.
-- But, KL adds, ABUSE is ABUSE. Arrogance, Stupidity and Systematic Abuse of Power (ASSs) in ALL of its many
forms must be STOPPED NOW and the SYSTEM FIXED for the GOOD of ALL. IF-PREVENT and Super-EPIC (IFPASS), could not only FIX these problems in the healthcare system, they could help to PREVENT ABUSE of ALL forms
both here and around the world.
--There could be no greater legacy for All from the Sisters to Pope Francis than to LEARN FROM HISTORY and see
PROFOUND GOOD come from Evil. For Sylvia and all other victims of Abuse over the centuries, --Let these be goals
truly worthy of us all.
KLBeforeDallasQuotes3Nov13w
-- While the Bishops were specifically referring to changes in Canon law, it is equally important to look at changes in civil
and CRIMINAL law as well when it comes to the prosecution as well as prevention of abuse moving forward.
-- To the extent that civil courts can also play a vital role in the PREVENTION of abuse of all forms, this is a time to both
SEND A MESSAGE and SET A PRECEDENT for the future.
2. Courts—FIRST DO NO HARM = Mediation BEFORE Litigation: Applying Medical Ethics to Law.
“Do onto others as you would have done onto yourself.”— Jesus, circa 30 A.D.
961. It was Jesus who first articulated the above description of seeking Win-win outcomes that was “rediscovered”
by the brilliant mathematician and developer of Game Theory, Johnnie von Neuman, some 2000 years later in partial
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response to the horrors of WWII.
962. Benjamin Rush, a signer of the Declaration of Independence, Father of American psychiatry and the namesake of Dr. Ladien’s medical school, was a strong advocate for bloodletting that killed more patients than it ever helped.
963.
Yet while medicine has grown significantly as a science in the last 250 years, American jurisprudence is still
has a highly dysfunctional, pathological and outright deadly attachment to bloodletting as a standard of care in the legal
profession.
964. As Christ wisely said 2000 years ago and could now be scientifically verified by an econometric modeling,
win-win outcomes are ALWAYS preferable to lose-lose, lose-win and win-lose outcomes in any long-term context.
965.
Simply put, the time for a fundamental PARADIGM SHIFT to win-win Mediation BEFORE lose-lose
Litigation has come for all of the RIGHT reasons.
966.
As noted in the Remedies section below, using IF-PREVENT, Super-EPIC and IF-PASS tools, we can
literally design our systems to achieve win-win outcomes for ALL parties involved.
967.
In the legal context, applying the principle of Mediation BEFORE Litigation can help in consistently
achieving win-win outcomes at a fraction of the cost or time of the current system for the benefit of ALL--litigants, voters
and taxpayers alike.
968.
While physicians are one of the few professions that have been overall “favorable” rating with the general
public (91%) (they have ranked at the top of professions for over twenty years), lawyers as a group ranked only 19%
favorability. Judges, who already often act as mediators, have a ranking of 76% precisely because the public at large sees
them already trying to seek win-win outcomes more often than not. Herein lies a lesson for lawyers.
969.
If lawyers start to apply the same ethical and scientific standards as already adopted in medicine, they can
quickly become seen as mediators and PROBLEM-SOLVERS instead of obfuscators and PROBLEM-MAKERS.
970. In this process, the reputation of the legal profession will also improve— again, for all of the RIGHT reasons.
3. Simple Summary of Core Issues and Requests
971. You cannot change an Advance Directive from FULL CODE to DNR without judicial review any more than
you can change a person’s will for the same reasons.
972. At the absolute minimum, changing Sylvia’s Advance Directive from FULL CODE was a DELIBERATELY
RECKLESS act which SJAIL knew full well what quickly result in Sylvia’s WRONGFUL DEATH.
973. Deliberate recklessness leading to WRONGFUL DEATH is the legal definition of MANSLAUGHTER.
974. Dr. Ladien told first Sylvia’s primary physician and then the CEO of SJH “If Sylvia dies and she is not FULL
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CODE then, in addition to being GROSS MALPRACTICE, this will be MANSLAUGHTER,” he was exercising not only
his legal RIGHT as a husband trying desperately to protect his wife but his WHISTLEBLOWING RESPONSIBILITY as a
physician warning of substandard care.
975. Because of Dr. Ladien’s insistence on beginning monoclonal antibodies after a month of unnecessary delay,
Sylvia’s blast cell count had gone to zero and her vital signs were stable off of pressor medications.
976. SJAIL and the MEC literally stood by for seven days and watched Sylvia slowly drown to death on her own
secretions because they refused to turn down her morphine drip or even provide the minimum standard of care of protecting
her Airway and Breathing (A and B of ABC).
977. Because of their deliberate recklessness leading to a wrongful death by not honoring Sylvia’s multiple
Advance Directives to be FULL CODE or even dividing basic standards of care, the MEC are all guilty of Manslaughter.
978. Because SJAIL legitimately feared for their jobs, licenses and even liberty (ie, jail time) were Sylvia to
“wake up” and testified against them, they had the MEANS, MOTIVE and OPPORTUNITY to raises to a matter close to
murder one.
979.
As Dr. Ladien was NEVER a physical “threat” to anyone (“imminent” or otherwise), SJAIL was simply
blaming the messenger for the message in manipulating the MEC to fundamentally misusing the “summary suspension”
clause of SJH’s by laws as a means to defend, discredit and destroy Dr. Ladien professionally to the greatest extent possible
in anticipation of the lawsuit that they knew would be forthcoming if these matters were not resolved out of court.
980. Thus, SJAIL and the MEC have acted as the Judge, jury and executioner, first for Sylvia and now for Dr.
Ladien.
981. As the “summary suspension” was deliberately misapplied for Dr. Ladien’s legally protected whistleblowing
activities, it is a legal NULLITY which should on its face be dismissed by the court.
982. As SJAIL and the MEC have deliberately obstructed justice, including their failure to provide basic DUE
PROCESS PROTECTION to Dr. Ladien throughout this last 1 ½ years, Dr. Ladien would suffer irreparable professional
damage if this appellate hearing process is not placed on hold while the true facts of this case are fully investigate.
983. By simply ordering Mediation BEFORE Litigation, the true facts of this case can be known in a positive winwin outcome can be obtained for the benefit of all.
984. By adopting the Remedies listed below, PROFOUND GOOD can be accomplished to help PREVENT such
Arrogance, Stupidity and Systematic Abuse of Power (ASSs) from happening in medicine or other areas of society as well.
985. There could be no greater lasting legacy for the Sisters, the Church, Cardinal George, Pope Francis, Gov.
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Quinn, the court, Sylvia and all other victims of abuse over the millennia than to finally “see something very GOOD come
of something very Bad,” indeed. Let these be goals truly worthy of us all.
986.
Following the Counts section below, in section 5 Dr. Ladien discusses specific REMEDIES of injunctive
and mandatory relief that can help to resolve not simply the current situation, but many other examples of Arrogance,
Stupidity and Systematic Abuse of Power at all levels of society both here and around the World. Dr. Ladien’s “four tools
(plus one)” including IF-PREVENT, Super-EPIC, Safe Haven and GEIP can help to bring PROFOUND GOOD to all God’s
children. But it will take the efforts of all of us working TOGETHER, including Pope Francis, to achieve these goals. It is
faith in God and a truly Better World that can ultimately help to bring us all TOGETHER. So prays Dr. Ladien and Sylvia.
SECTION V. COMPLAINTS
COUNT ONE
INJUNCTIVE RELIEF
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC) and all other Defendants including Sr Mary Imler and Sister/Owners
Supervisors (Sisters) and all other Defendants listed as Parties)
987.
Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
988.
Dr. Ladien has brought this action to vindicate his rights and the rights of his deceased
wife, Sylvia. Dr. Ladien’s advocacy for Sylvia has resulted in harm to him in terms of professional
retaliation, and such harm continues to this day.
989.
Dr. Ladien is entitled to preliminary injunctive relief because (a) he has a certain and
clearly ascertained right in need of protection, (b) irreparable injury will ensue without the protection of
an injunction; and (c) the remedy at law is inadequate; and (d) there is a likelihood of success on the
merits of the case.” ABC Trans National Transport, Inc. d/b/a ABC Air Freight v. Aeronautics
Forwarders, Inc., 62 Ill.App.3d 671, 682 (1st Dist. 1978).
990.
The harm to Dr. Ladien is devastating and final: Dr. Ladien will be unable to remove a
stain on his record and could lose or have compromised his license. None of the Defendants will suffer
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any harm by delaying action. Dr. Ladien does not practice at St. Joseph Hospital. He practices
elsewhere, without incident. There is no public purpose to be preserved in allowing St. Joseph Hospital
and the MEC to go forward. There nothing to be gained by allowing the Hospital to be rewarded
(ie, “enabled”) for its misconduct. (Cf. also enticing Sisters into criminal behavior as co-conspirators.)
991.
Dr. Ladien has an overarching and clear protectable right to keep his license and be free
of harassment in his livelihood. See, ABC, 62 Ill.App.3d at 686. Dr. Ladien's ability to practice
medicine is unique and irreplaceable. Id. at 687. There is no adequate remedy at law open to Dr.
Ladien, no money award can allow him to care for patients.
992.
Dr. Ladien has a substantial likelihood of prevailing on the merits. One of the simplest
claims in the Verified Complaint is that the Hospital by its Deliberate Recklessness caused Sylvia's
wrongful death and suffering by refusing to honor her wishes to be kept alive. It is undisputed even by
the Hospital that the Hospital never sought a court decision or determination of what Sylvia would
want or what was in her best interest. Rather, the Hospital took it on itself to decide, and then caused a
completely unqualified person to be the tool of Sylvia's destruction.
993.
Dr. Ladien has had a difficult time in bringing this case. He has had to bring it pro se.
Nothing requires the Appellate hearing board to act at this time but it could irrevocably harm Dr.
Ladien if a negative decision by the Board threatens his license and, thus, ability to practice medicine
while this case is being heard in court. There had been no action by the Board on the appeal until Dr.
Ladien received a letter from the Hospital demanding that Dr. Ladien appear before the Board this
Thursday, September 12, 2013, at 8:00 a.m. With so many months having passed, there is no
immediate interest at stake in the Hospital's administrative proceeding. Dr. Ladien does, however, have
a pressing need to make his case before the Hospital’s decision is made final. It is fair and reasonable
to postpone their final decision, especially given that the outcome of this case may reverse the
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harassment Dr. Ladien has suffered. For that reason, and given the nature of the temporary restraint in
this matter, no bond is required.
WHEREFORE, the Plaintiff, KIMBALL LADIEN, M.D., prays this Court enter an Order:
A
.Enjoining PRESENCE HEALTH NETWORK (PRESENCE), PRESENCE RHC
CORPORATION d/b/a SAINT JOSEPH HEALTH CENTERS AND HOSPITAL (SJH), ST. JOSEPH
HOSPITAL MEDICAL EXECUTIVE COMMITTEE (MEC), Sr. MARY IMLER (IMLER) and Sr.
JUDITH PLUMB (PLUMB), Sisters and all other Defendants, from entering a final decision in any
administrative action, including but not limited to the February 28, 2012 Notice of Adverse
Recommendation, the January 30, 2012 Summary Suspension or any prior Summary Suspensions, and
any appeals or actions taken since those actions, concerning KIMBALL LADIEN, M.D., until final
resolution of this case.
B.
Enjoining PRESENCE, SJH, MEC, IMLER, PLUMB, Sisters and all other Defendants
from making, entering, or transmitting any report to the National Physician Database, the Illinois
Department of Professional Regulation, or any State or local agency;
C.
Ordering KIMBALL LADIEN, M.D. and PRESENCE, SJH, MEC, IMLER, PLUMB,
Sisters and all other Defendants to confer within seven days to select a mutually acceptable mediator
to mediate the subject matter of the Verified Complaint;
D.
Ordering KIMBALL LADIEN, M.D. and PRESENCE, SJH, MEC, IMLER. PLUMB,
Sisters and all other Defendants to mediate within 60 days the subject matter of the Verified Complaint
E.
A permanent injunction following a trial on the merits providing the above relief, plus
all other injunctive and mandatory relief set forth in this Verified Complaint to ensure that no other
patient suffers the same fate as Sylvia as follows:
F.
For any such other or further relief as this Court deems just and proper.
COUNT II
CONSPIRACY/WHISTLEBLOWER LIABILITY
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(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC) and all other Defendants including Sr Mary Imler and Sister/Owners
Supervisors (Sisters) and all other Defendants listed as Parties)
994.
Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
995.
A conspiracy is any combination of two or more people to accomplish a wrongful or
illegal purpose. Through a conspiracy, any number of actions may occur, including actions not all
conspirators intend. All conspirators are responsible for crimes and actions committed in furtherance
of the conspiracy. Such conspiracies are further defined under RICO laws.
996.
One of the ways in which the conspirators harmed Dr. Ladien was to retaliate against
him for threatening legal or regulatory (Whistleblower) action against the very people who were
themselves abusing the legal system. Dr. Ladien demanded that the Hospital comply with its own rules
and IDHP rules. Dr. Ladien threatened criminal justice if the Hospital and its doctors knowingly and
recklessly killed his wife which they did on 2/4/12. The Hospital and the co-conspirators reacted in the
same way every time: they threatened not only Dr. Ladien’s position at the Hospital, but his livelihood
as well. As a group, these entities are collectively referred to as “SJH et al” throughout these Counts.
SJAIL throughout this complaint refers to St. Joseph Administration and Its Lawyers including, but not
limited to: Luskin Hawk, Hidalgo, Schultz, Buer, Gober, Eades, Byrne and Mann. All other Defendants
enabled this conspiracy through their NEGLIGENT SUPERVISION of SJH, SJAIL and the MEC et al.
997.
Illinois law prohibits an employee from punishing an employee or agent who blows the
whistle on employees to report illegal activities. “An employer may not make, adopt, or
enforce any rule, regulation, or policy preventing an employee from disclosing
information to a government or law enforcement agency if the employee has
reasonable cause to believe that the information discloses a violation of a State
or federal law, rule, or regulation.”
740 I.L.C.S.174/10.
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998.
St. Joseph Hospital and the MEC, has along with all of the conspirators
(all Defendants) made a very terrible policy for dealing with Dr. Ladien, and
others like him.
Their actions, stated in great detail, have caused enormous harm.
All of it was done knowingly, to cover up and condone a terrible crime.
Everything
they did was a legal and proximate cause of Dr. Ladien’s damages.
999.
The conspirators’ intentional conduct was severe, outrageous, and offensive, in that they
worked together to allow a party to get away with a crime, and then punished Dr. Ladien, who tried to
blow the whistle on them. A substantial award of punitive damages is warranted to punish the
conspirators for their intentional conduct and to deter others from similar behavior.
WHEREFORE, Plaintiff KIMBALL LADIEN, M.D., pro se, demands judgment against All
Defendants, in an amount in excess of $50,000.00 in compensatory damages, and Twenty-Five Million
Dollars ($25,000,000.00) in punitive damages, plus costs of suit.
COUNT THREE
NEGLIGENT SUPERVISION
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC) and all other Defendants including Sr Mary Imler and Sister/Owners
Supervisors (Sisters) and all other Defendants listed as Parties)
1000. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1001. Each of the Defendants here was a supervisor to another Defendant and/or SJH staff and
medical personnel, as set forth in the Verified Complaint.
1002. Each of the Defendants did not just owe duties to their employers, employees, clients, or
constituents. They also owed duties to the general public not to commit crimes or to allow others to get
away with crimes.
1003. The Defendants each breached their fiduciary duties to Sylvia as a patient at SJH and to
Dr. Ladien as Sylvia’s husband by allowing Sylvia to die, and then acting together to cover it up. Each
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of the Defendants here specifically breached their duties by allowing a person whom they supervised to
cause harm in the course of their job first to Sylvia and then to Dr. Ladien. To the extent that these
supervisors do NOT insist that Sister Judith Plumb simply KEEP HER WORD to place the final vote of
the board on hold and have Sandra Bruce meet with Dr. Ladien and Ralph Bonaccorsi to find a positive
win-win resolution to these issues, they not only compound this NEGLIGENT SUPERVISION, they
become, by definition, co-conspirators to the ongoing criminal activities of SJAIL and the MEC as
defined by RICO laws. Conversely, working with Dr. Ladien to find a win-win Mediated resolution of
these issues that FIXES THE SYSTEM would be a significant Mitigating factor moving forward.
1004. The Defendants’ Negligent Conduct was not just negligent, it was Grossly Negligent,
Deliberately Reckless and Criminal, justifying an award of punitive damages.
WHEREFORE, Plaintiff KIMBALL LADIEN, M.D., pro se and as the independent
administrator of Sylvia demands judgment against All Defendants, in an amount in excess of
$50,000.00 in compensatory damages, and Twenty-Five Million Dollars ($25,000,000.00) in punitive
damages, plus costs of suit.
COUNT FOUR
INTENTIONAL WRONGFUL DEATH (Manslaughter and/or Murder One)
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC) and all other Defendants including Sr Mary Imler and Sister/Owners
Supervisors (Sisters) and all other Defendants listed as Parties including SJAIL, the MEC and
COHEN)
1005. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1006. ST. JOSEPH HOSPITAL, LUSKIN HAWK, HIDALGO, GOBER, SJAIL, MEC and
COHEN deliberately and with full knowledge of its actions engineered withholding of medical
treatment from SYLVIA, knowing of her wish to have full medical treatment for her illness. This wish
was expressed in her multiple Advance Directives full code. It was also expressed in Sylvia’s choice of
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her husband, Dr. Ladien, a medical doctor, as the person to make the life and death decisions when she
was no longer able to do this herself. Sylvia would not have died from her morphine drip in this
horrible manner except for this Deliberate Recklessness leading to WRONGFUL DEATH
(Manslaughter) on the part of SJH, SJAIL, COHEN and the MEC. Intentionality (MEANS, MOTIVE
and OPPORTUNITY, however, are more consistent with Murder One for SJAIL.
1007. As a proximate result of one or more of the foregoing intentional acts and/or omissions
of the Defendant, ST. JOSEPH HOSPITAL, SJAIL, COHEN and the MEC, SYLVIA died, and prior to
her death she suffered severe and conscious pain, suffering and emotional distress.
1008. SYLVIA left surviving as his next of kin her husband, Plaintiff Dr. Ladien and daughter,
Fawn Doucette. Because of Defendants’ negligence, said next of kin had less time to spend in the
company of SYLVIA than they would otherwise have had. Sylvia’s Father, who lived with Sylvia and
Dr. Ladien, sharp as a tack, was almost 100 at the time of his death.
1009. By reason of the wrongful death of SYLVIA, said next of kin has: sustained substantial
pecuniary loss; been deprived of valuable services that the decedent, SYLVIA, was accustomed to
performing for him and would have continued to perform but for her death; been deprived of the
affection, society, companionship, and guidance of the decedent, SYLVIA, to their great detriment;
and, suffered and will continue to suffer from grief, sorrow, and mental suffering due to the death of the
decedent, SYLVIA.
WHEREFORE, Plaintiff DR. LADIEN, PRO SE AND AS THE INDEPENDENT
ADMINISTRATOR OF THE ESTATE OF SYLVIA, deceased, demands judgment against Defendant
PRESENCE, SJH, SJAIL and the MEC and COHEN and all other Defendants listed as Parties, in an
amount in excess of $50,000.00, plus costs of suit.
COUNT FIVE
SURVIVAL ACT - - INTENTIONAL CONDUCT
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
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Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC) and all other Defendants listed as Parties including Sr Mary Imler and
Sister/Owners Supervisors (Sisters), SJAIL and COHEN)
1010. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1011. ST. JOSEPH HOSPITAL, SJAIL, the MEC et al. deliberately and with full knowledge
of its actions engineered withholding of medical treatment from SYLVIA, knowing of her wish to have
full medical treatment for her illness. This wish was expressed in her multiple Advance Directives to be
FULL CODE. It was also expressed in her choice of her husband, Dr. Ladien, a medical doctor, as the
person to make the life and death decision of when to change full code status. Sylvia would not have
died from over-sedation on her morphine drip in a horrible manner except for this Deliberate
Recklessness leading to WRONGFUL DEATH (ie, Manslaughter) on St. Joseph Hospital et al's part.
1012. As a proximate result of one or more of the foregoing intentional acts and/or omissions
of the Defendant, ST. JOSEPH HOSPITAL et al., SYLVIA died (Manslaughter and/or Murder One)
and prior to her death she suffered severe and conscious pain, suffering and emotional distress.
1013. As a direct and proximate result of one or more of the foregoing acts or omissions,
SYLVIA Doucette-Ladien was caused to suffer injuries from withholding of medical treatment,
including mental anguish from knowing of her impending death and expecting that medical treatment
would be offered to save or prolong her life, pain, suffering, disability, disfigurement, legal obligations
for Hospital, medical, nursing, rehabilitative, and other medical services and treatment, and a shortened
life expectancy resulting in her WRONGFUL DEATH on February 4, 2012.
WHEREFORE, Plaintiff Dr. Ladien, pro se and as the Independent Administrator of the Estate
of SYLVIA, deceased, demands judgment against Defendant PRESENCE, SJH, SJAIL, the MEC,
COHEN, SISTERS, IMLER, PLUMB and all other Defendants listed as Parties in an amount in excess
of $50,000.00, plus costs of suit.
COUNT SIX
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC), COHEN and all other Defendants including Sr Mary Imler, Sister/Owners
Supervisors (Sisters) and all other Defendants listed as Parties)
1014. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1015. In blocking SYLVIA’s wishes for Full Code treatment, and condemning her to DNR
treatment and death, while Dr. Ladien was forced to watch helplessly, Defendants went beyond all
bounds of decency. Defendants deliberately drove Dr. Ladien from ST. JOSEPH HOSPITAL where he
worked and where his critically ill wife lay helpless, taking every opportunity to emotionally torment
him with their improper efforts to strip him of the power to protect his wife’s medical treatment wishes.
Defendants undertook improper and unlawful actions, including negating a lawful power of attorney
and wrongfully instituting administrative proceedings against Dr. Ladien, solely because Defendants
did not want him to direct SYLVIA’s health care. Defendants’ conduct was extreme and outrageous.
1016. Defendants’ conduct was intended to inflict severe emotional distress on Dr. Ladien.
Defendants not only knew that their conduct would cause severe emotional distress, they were counting
on it. Defendants wanted Dr. Ladien completely severed from SYLVIA’s health care decisions. By
removing Dr. Ladien from ST. JOSEPH HOSPITAL, by seeking to terminate his professional
privileges, and by destroying Dr. Ladien’s legal right to make health care decisions for SYLVIA, ST.
JOSEPH HOSPITAL et al. hoped to put enough emotional pressure on Dr. Ladien that he would cease
his involvement in SYLVIA’s care and any legal actions he might take against them personally and
collectively. Defendants repeatedly used this emotional leverage for their selfish purpose of removing
Dr. Ladien from his wife’s care, in contravention of his wife’s wishes.
1017. Defendants caused Dr. Ladien to suffer emotional distress beyond what any reasonable
person should have to bear. Dr. Ladien was forced to watch, day by day, as Defendants dismantled the
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protections he and SYLVIA had put into place for her. He had to wake up every morning wondering if
Defendants’ interference with his right to govern SYLVIA’s care would make that day SYLVIA’s last
day on earth. Dr. Ladien actually lived through SYLVIA’s tortured passing, denied the right to restore
her to Full Code and resume successful treatment. He was also denied the right to cryogenically
preserve her body, the agonizing reason given being that he was no longer being recognized as
SYLVIA’s POA although, in fact, he was indeed Sylvia’s only legitimate POA throughout this period.
1018. As the direct and proximate consequence of Defendants’ intentional infliction of
emotional distress, Dr. Ladien suffered the following damages:
(a)
Substantial and lasting emotional distress from being repeatedly excluded
from SYLVIA by parties who had the power to make that exclusion permanent;
(b)
Substantial and lasting emotional distress from watching SYLVIA die
unnecessarily and prematurely because he was unable to protect her
wishes for Full Code medical treatment, and having less time with SYLVIA than
he would have had but for Defendants’ actions; and
(c)
Substantial and severe emotional distress resulting from the lost opportunity to
ensure that SYLVIA could be cryogenically preserved following her death, because SJH
et al. would not honor Dr. Ladien’s power of attorney authorizing him to preserve
Sylvia’s body.
1019. Defendants’ intentional conduct was severe, outrageous, and offensive in that ST.
JOSEPH HOSPITAL et al. acted to cause severe emotional harm and thereby force Dr. Ladien to
abandon SYLVIA’s care to Defendants and their designees, knowing that doing so was contrary to
SYLVIA’s wishes and not in the best interest of her care. A substantial award of punitive damages is
warranted to punish ST. JOSEPH HOSPITAL et al. for its intentional conduct and to deter others from
similar behavior.
WHEREFORE, Plaintiff KIMBALL LADIEN, M.D., pro se and as the independent
administrator of the estate of Sylvia demands judgment against Defendants INCLUDING PRESENCE,
SJH, MEC, RAYNELDA HIDALGO, M.D., ROBERTA LUSHAWK, M.D., BRUCE GOBER, M.D.,
and HARRY COHEN, M.D. and all other Defendants listed as Parties, in an amount in excess of
$50,000.00 in compensatory damages, and Twenty-Five Million Dollars ($25,000,000.00) in punitive
171
damages, plus costs of suit.
COUNT SEVEN
INTENTIONAL INTERFERENCE WITH FIDUCIARY DUTIES AND FIDUCIARY
RELATIONSHIP
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC), Sr Mary Imler, Sister/Owner Supervisors (Sisters), SJAIl, and COHEN
1020. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1021. Plaintiff, as SYLVIA’s only true POA, enjoyed a fiduciary relationship with SYLVIA.
1022. Defendants knew of the fiduciary relationship between Dr. Ladien and SYLVIA, and
understood that Dr. Ladien’s fiduciary duties included an absolute duty to make medical decisions for
SYLVIA that were consistent with her intent, should SYLVIA be unable to make those decisions
herself.
1023. Defendants deliberately and intentionally, and for the purpose of removing Dr. Ladien
from SYLVIA’s care, acted to destroy the fiduciary relationship between Dr. Ladien and SYLVIA, and
interfere with Dr. Ladien’s fiduciary duties to SYLVIA, as follows:
(a)
Intentionally sought to terminate Dr. Ladien’s original
power
of attorney knowing that SYLVIA was not substantially
capable of making
decisions in an understanding, logical, and consistent manner;
(b)
Actually caused the termination of Dr. Ladien’s original
power
of attorney, and installed Fawn Doucette as the new attorney
in
fact,
toward the end of removing Dr. Ladien from SYLVIA’s
care and treatment;
(c)
Caused the termination of the second power of attorney (which
had reinstated Dr. Ladien) signed by SYLVIA on January 4, 2012; and
(d)
Deliberately chose not to apply IDPH and Hospital procedures
and requirements to resolve conflicts with Dr. Ladien, choosing instead to
remove him from SYLVIA’s care.
1024. As the direct and proximate consequence of Defendants’ intentional interference with
Dr. Ladien and SYLVIA’s fiduciary relationship and with Dr. Ladien’s fiduciary duties to SYLVIA, Dr.
172
Ladien suffered the following damages:
(a)
Substantial and lasting emotional distress from knowing that SYLVIA was in
great danger, and that Dr. Ladien was unable to protect her;
(b)
(c)
-
Substantial and lasting emotional distress from watching SYLVIA die
unnecessarily and prematurely because he was unable to protect her
wishes for Full Code medical treatment and having less time with SYLVIA than
he would have had but for Defendants’ actions; and
Substantial and severe emotional distress resulting from the lost
opportunity to ensure that SYLVIA could be cryogenically
preserved following her death, because he did not hold a power of attorney
authorizing him to preserve her body.
-
1025. Defendants’ intentional conduct was severe, outrageous, reckless and offensive in that
ST. JOSEPH HOSPITAL et al. acted with intent to harm Dr. Ladien’s livelihood, and because the
administrative proceedings were in furtherance of Defendants’ interference with Dr. Ladien’s fiduciary
relationship that led to SYLVIA’s death. A substantial award of punitive damages is warranted to
punish Defendants for their intentional conduct and to deter others from similar behavior.
WHEREFORE, Plaintiff KIMBALL LADIEN, M.D., pro se and as the independent
administrator of the estate of Sylvia demands judgment against Defendants PRESENCE, SJH, SJAIL,
MEC, RAYNELDA HIDALGO, M.D., ROBERTA LUSKIN HAWK, M.D., BRUCE GOBER, M.D.,
HARRY COHEN, M.D., SISTERS and all other Defendants in an amount in excess of $50,000.00 in
compensatory damages, and Twenty-Five Million Dollars ($25,000,000.00) in punitive damages, plus
costs of suit.
COUNT EIGHT
INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH) and Presence/St. Joseph Hospital Medical Executive
Committee (MEC), COHEN, Sr Mary Imler, Sister/Owners Supervisors (Sisters) and all other
Defendants listed as Parties)
1026. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
173
herein. This Count refers to all Parties listed above in the discussion below.
1027. Dr. Ladien, an actively practicing physician and psychiatrist, practices at a number of
Hospitals and nursing homes without incident, as well as maintaining private patients. ST. JOSEPH
HOSPITAL and all other Defendants are aware of these facts.
1028. ST. JOSEPH HOSPITAL et al. knew that by prosecuting Summary Suspension and
Notice of Adverse Recommendation proceedings against Dr. Ladien, ST. JOSEPH HOSPITAL would
be required to report to certain State and national databases findings against Dr. Ladien in the event that
ST. JOSEPH HOSPITAL was successful in suspending Dr. Ladien or terminating his privileges at ST.
JOSEPH HOSPITAL. Such reportable events have a significant and negative impact on a physician,
and can lead to a physician’s loss of his or her license to practice medicine.
1029. ST. JOSEPH HOSPITAL et al. intentionally undertook the Summary Suspension and
Corrective Action proceedings against Dr. Ladien with the intent of impairing or terminating Dr.
Ladien’s license to practice medicine, and thereby ending Dr. Ladien’s prospective economic
relationships with Hospitals, nursing homes, and patients. Simply put, SJAIL wished to Defame,
Discredit and Destroy Dr. Ladien professionally to the greatest extent possible before this case could
ever be heard by a Real Judge and a Real Jury.
1030. ST. JOSEPH HOSPITAL et al. carried the Summary Suspension and Notice of Adverse
Recommendation to the extreme measure of announcing on September 12, 2012 that ST. JOSEPH
HOSPITAL was unilaterally revoking Dr. Ladien’s privileges without due process. This action was
designed to achieve the maximum negative impact not only on Dr. Ladien’s economic relationships
directly stemming from his patients at ST. JOSEPH HOSPITAL, but to create a reportable event that
could lead to the loss of Dr. Ladien’s license to practice medicine.
1031. ST. JOSEPH HOSPITAL et al’s conduct was unjustified, malicious and not privileged.
ST. JOSEPH HOSPITAL prosecuted the Summary Suspensions and revoked Dr. Ladien’s privileges
clear violation of SJH bylaws in a willful and wanton manner for an improper purpose, namely, to
174
curtail Dr. Ladien’s advocacy for Sylvia and punish him for that advocacy. ST. JOSEPH HOSPITAL
was not privileged or entitled to take these actions, because the administrative procedures and
revocation were not based on Dr. Ladien’s practice of medicine. The administrative proceedings and
revocation were prompted by Dr. Ladien’s advocacy for Sylvia, a patient at ST. JOSEPH HOSPITAL,
in his role as Sylvia’s loving husband. ST. JOSEPH HOSPITAL thus was outside of the scope of any
privilege that might have been accorded under its By-Laws or applicable law. The present continuation
of the administrative proceedings and revocation were especially in bad faith, because ST. JOSEPH
HOSPITAL has transparently purported to rely on older, long settled events relating to Dr. Ladien’s
practice of medicine ending, at the latest, four years prior (in 2008).
1032. Dr. Ladien has a valid expectation of continuing economic relations with the patients
whom he serves through ST. JOSEPH HOSPITAL, and a valid expectation of continuing to practice
medicine free from interference by ST. JOSEPH HOSPITAL et al.
1033. ST. JOSEPH HOSPITAL et al. is aware of Dr. Ladien’s expectation and of Dr. Ladien’s
business relations with the patients whom he serves through ST. JOSEPH HOSPITAL, as well as his
expectation of continuing to practice medicine free from interference by ST. JOSEPH HOSPITAL.
1034. ST. JOSEPH HOSPITAL et al. intentionally, maliciously, and unjustifiably interfered
with those prospective economic relations, by initiating Summary Suspension and corrective action
procedures for improper reasons, and thereby keeping Dr. Ladien from seeing his patients served
through ST. JOSEPH HOSPITAL.
1035. Dr. Ladien has suffered damages, and will continue to suffer damages, in that he has lost
income from patients he would otherwise have seen pursuant to his privileges at ST. JOSEPH
HOSPITAL, was forced to pay for his defense in the administrative proceedings, has lost opportunities
to earn professional fees because of the time and effort involved in preparing his defense to the
administrative proceedings.
Dr. Ladien will continue to lose income, lose opportunities, and will
continue to incur expenses as the result of ST. JOSEPH HOSPITAL’s wrongful actions, culminating in
175
ST. JOSEPH HOSPITAL’s September 12, 2012 revocation of Dr. Ladien’s privileges.
1036. ST. JOSEPH HOSPITAL et al’s intentional conduct was severe, outrageous, reckless
and offensive in that ST. JOSEPH HOSPITAL acted with intent to harm Dr. Ladien’s livelihood, and
because the administrative proceedings were in furtherance of ST. JOSEPH HOSPITAL’s interference
with Dr. Ladien’s fiduciary relationship that led to Sylvia’s death. A substantial award of punitive
damages is warranted to punish ST. JOSEPH HOSPITAL for its intentional conduct and to deter others
from similar behavior.
WHEREFORE, Plaintiff KIMBALL LADIEN, M.D., pro se and as the independent
administrator of the estate of Sylvia demands judgment against Defendants PRESENCE RHC
CORPORATION d/b/a SAINT JOSEPH HEALTH CENTERS AND HOSPITAL, SAINT JOSEPH
HOSPITAL MEDICAL EXECUTIVE COMMITTEE RAYNELDA HIDALGO, M.D., ROBERTA
LUSHAWK, M.D., BRUCE GOBER, M.D., and HARRY COHEN, M.D., in an amount in excess of
$50,000.00 in compensatory damages, and Twenty-Five Million Dollars ($25,000,000.00) in punitive
damages, plus costs of suit.
COUNT NINE
WRONGFUL DEATH - NEGLIGENT CONDUCT
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence RHC Corporation d/b/a Presence/Saint Joseph Health Centers And Hospital And
Presence/St. Joseph Hospital Medical Executive Committee, and all other Defendants including
SJAIL, the MEC and COHEN)
1037. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1038. ST. JOSEPH HOSPITAL breached the standard of care by withholding of medical
treatment from SYLVIA, knowing of her wish to have full medical treatment for her illness.
1039. ST. JOSEPH HOSPITAL also breached the standard of care in attempting to change
176
Sylvia's power of attorney choice, when there was no reason to do so and every reason NOT do so.
1040. ST. JOSEPH HOSPITAL also breached the standard of care when it failed and refused
to seek a court determination as to what was in Sylvia's best interests.
1041. As a proximate result of one or more of the foregoing negligent acts and/or omissions of
the Defendant, ST. JOSEPH HOSPITAL et al., SYLVIA died, and prior to her death she suffered severe
and conscious pain, suffering and emotional distress.
1042. SYLVIA left surviving as his next of kin her husband, Plaintiff Dr. Ladien and daughter,
Fawn Doucette.
1043. By reason of the wrongful death of SYLVIA, said next of kin has: sustained substantial
pecuniary loss; been deprived of valuable services that the decedent, SYLVIA, was accustomed to
performing for her and would have continued to perform but for his death; been deprived of the
affection, society, companionship, and guidance of the decedent, SYLVIA, to their great detriment;
and, suffered and will continue to suffer from grief, sorrow, and mental suffering due to the death of the
decedent, SYLVIA.
WHEREFORE, Plaintiff KIMBALL LADIEN, PRO SE AND AS THE INDEPENDENT
ADMINISTRATOR OF THE ESTATE OF SYLVIA, deceased, demands judgment against Presence,
SJH, SJAIL, MEC, Sisters and all others Defendants in an amount in excess of $50,000.00, plus costs
of suit.
COUNT TEN
SURVIVAL ACT - - NEGLIGENT CONDUCT
(Kimball Ladien, M.D., pro se and as the Independent Administrator of the Estate of Sylvia v.
Presence Health Network (Presence), Presence RHC Corporation d/b/a Presence/Saint Joseph
Health Centers And Hospital (SJH)And Presence/St. Joseph Hospital Medical Executive
Committee (MEC), SJAIL, COHEN, Sr Mary Imler, Sister/Owners Supervisors (Sisters) and all
other Defendants listed as Parties)
1044. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
177
1045. ST. JOSEPH HOSPITAL et al. breached the standard of care by withholding of medical
treatment from SYLVIA, knowing of her wish to have full medical treatment for her illness.
1046. ST. JOSEPH HOSPITAL et al. also This Count refers to all Parties listed above in the
discussion below breached the standard of care in attempting to change Sylvia's power of attorney
choice, when there was no reason to do so and significant reasons NOT to do so. ST. JOSEPH
HOSPITAL et al. also breached the standard of care when it failed and refused to seek a court
determination as to what was in Sylvia's best interests.
1047.
All other Defendants also showed NEGLIGENT SUPERVISION of SJH both before
and after the WRONGFUL DEATH of Sylvia.
1048. As a proximate result of one or more of the foregoing negligent acts and/or omissions of
the Defendant, ST. JOSEPH HOSPITAL et al., SYLVIA died, and prior to her death she suffered severe
and conscious pain, suffering and emotional distress.
1049. As a direct and proximate result of one or more of the foregoing acts or omissions,
SYLVIA Doucette-Ladien was caused to suffer injuries from withholding of medical treatment,
including mental anguish from knowing of her impending death and expecting that medical treatment
would be offered to save or prolong her life, pain, suffering, disability, disfigurement, legal obligations
for Hospital, medical, nursing, rehabilitative, and other medical services and treatment, and a shortened
life expectancy resulting in her death on February 4, 2012.
WHEREFORE, Plaintiff KIMBALL LADIEN, M.D., pro se and as the independent
administrator of the estate of Sylvia demands judgment against Defendants PRESENCE RHC
CORPORATION d/b/a SAINT JOSEPH HEALTH CENTERS AND HOSPITAL, SAINT JOSEPH
HOSPITAL MEDICAL EXECUTIVE COMMITTEE RAYNELDA HIDALGO, M.D., ROBERTA
LUSHAWK, M.D., BRUCE GOBER, M.D., and HARRY COHEN, M.D. and all other Defendants, in
an amount in excess of $50,000.00 in compensatory damages, and Twenty-Five Million Dollars
($25,000,000.00) in punitive damages, plus costs of suit.
178
COUNT ELEVEN
WRONGFUL DEATH
(KIMBALL LADIEN, MD, PRO SE AND AS THE INDEPENDENT ADMINISTRATOR OF
THE ESTATE OF SYLVIA DOUCETTE-LADIEN v. NORTHWESTERN MEMORIAL
HOSPITAL (NW) including NW employees and agents)
1050. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1051. From September 2, 2009 through October 2011, and at all times relevant to this
Complaint, Defendant NORTHWESTERN and all of its employees, agents, physicians, staff doctors,
residents, fellows, and nurses (collectively, “NW”), owed SYLVIA a duty to act as reasonably careful
doctors, residents, fellows, and nurses in similar circumstances would act.
1052. On and after September 2, 2009 through October 11, 2011, and at all relevant times
hereto, Defendant NORTHWESTERN, by and through its employees, agents, physicians, staff doctors,
residents, fellows, and nurses was negligent for one or more of the following reasons:
Failed to properly assess SYLVIA at the time of admissions;
Failed to properly treat SYLVIA at the time of admissions;

Failed to properly monitor SYLVIA at the time of admissions;

Failed to monitor SYLVIA’s breathing status;

Failed to monitor SYLVIA’s oxygen levels;

Failed to prevent SYLVIA from suffering from hypoxia;

Failed to properly assess SYLVIA’s hypoxic condition in a timely manner;

Failed to properly treat SYLVIA following her hypoxic condition;

Failed to monitor SYLVIA as ordered;

failed to monitor and prevent over radiation of SYLVIA;

failed to give informed consent to both SYLVIA and Dr. Ladien concerning both the
possibility and risks associated with over radiation;

Failed to prevent intubation of SYLVIA when it was not necessary;

failed to periodically reduce SYLVIA’s level of sedation;
179

failed to prevent a prolonged drug-induced iatrogenic coma;

failed to prevent the subsequent development of severe neuropathy and myopathy;

failed to debride a skin infection in a timely fashion resulting in the need for literally lifethreatening surgery;

Failed to diagnose and treat progressive sepsis in a timely fashion

Was otherwise careless and/or negligent.
1053. As a proximate result of one or more of the foregoing negligent acts and/or omissions of
the Defendant, NORTHWESTERN, including its employees and agents, SYLVIA died, and prior to
her death she suffered severe and conscious pain, suffering and emotional distress.
1054. SYLVIA left surviving as his next of kin her husband, Plaintiff Dr. Ladien and daughter,
Fawn Doucette. Because of Defendants’ negligence, said next of kin had less time to spend in the
company of SYLVIA than they would otherwise have had. And
1055. By reason of the wrongful death of SYLVIA, said next of kin has: sustained substantial
pecuniary loss; been deprived of valuable services that the decedent, SYLVIA, was accustomed to
performing for her and would have continued to perform but for his death; been deprived of the
affection, society, companionship, and guidance of the decedent, SYLVIA, to their great detriment;
and, suffered and will continue to suffer from grief, sorrow, and mental suffering due to the death of the
decedent, SYLVIA.
WHEREFORE, the Plaintiff, DR. KIMBALL LADIEN, pro se and as Independent
Administrator of the Estate of SYLVIA, Deceased, prays for damages against Defendant
NORTHWESTERN MEMORIAL HOSPITAL (NW) including its employees and agents, in a sum in
excess of Fifty Thousand Dollars ($50,000), plus costs.
COUNT TWELVE
SURVIVAL ACT
(KIMBALL LADIEN, MD, PRO SE AND AS THE INDEPENDENT ADMINISTRATOR OF
THE ESTATE OF SYLVIA DOUCETTE-LADIEN v. NORTHWESTERN MEMORIAL
HOSPITAL (NW) including NW employees and agents)
180
1056. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1057. From September, 2009 through September 2011, and at all times relevant to this
Complaint, Defendants NORTHWESTERN and its employees and agents, including but not limited to
physicians, staff doctors, residents, fellows, and nurses (collectively “NW”), owed SYLVIA a duty to
act as a reasonably careful doctor, resident, fellow, and nurse in similar circumstances would act.
1058. On and after September 2, 2009 through September 2011, and at all relevant times
hereto, Defendant NORTHWESTERN, by and through its employees and agents including, but not
limited to, physicians, staff doctors, residents, fellows, and nurses was negligent for one or more of the
following reasons:

Failed to properly assess SYLVIA at the time of admissions;

Failed to properly treat SYLVIA at the time of admissions;

Failed to properly monitor SYLVIA at the time of admissions;

Failed to monitor SYLVIA’s breathing status;

Failed to monitor SYLVIA’s oxygen levels;

Failed to prevent SYLVIA from suffering from hypoxia;

Failed to properly assess SYLVIA’s hypoxic condition in a timely manner;

Failed to properly treat SYLVIA following her hypoxic condition;

Failed to monitor SYLVIA as ordered;

Failed to monitor and prevent over radiation of SYLVIA;

Failed to give informed consent to both SYLVIA and Dr. Ladien concerning both the
possibility and risks associated with over-radiation;

Failed to prevent intubation of SYLVIA when it was not necessary;

Failed to periodically reduce SYLVIA’s level of sedation;

Failed to prevent a prolonged drug-induced iatrogenic coma;

Failed to prevent the subsequent development of severe neuropathy and myopathy;
181

Failed to debride a skin infection in a timely fashion resulting in the need for literally lifethreatening surgery;

Failed to diagnose and treat progressive sepsis in a timely fashion

Was otherwise careless and/or negligent.
1059. As a proximate result of one or more of the foregoing negligent acts and/or omissions of
the Defendant, NORTHWESTERN, SYLVIA was caused to suffer injuries, pain, suffering, disability,
disfigurement, legal obligations for Hospital, medical, nursing, rehabilitative, and other medical
services and treatment, and a shortened life expectancy resulting in her death on February 4, 2012.
WHEREFORE, the Plaintiff, DR. KIMBALL LADIEN, pro se and as Independent
Administrator of the Estate of SYLVIA, Deceased, prays for damages against Defendant
NORTHWESTERN MEMORIAL HOSPITAL including its employees and agents, in a sum in excess
of Fifty Thousand Dollars ($50,000), plus costs.
COUNT THIRTEEN
WRONGFUL DEATH
(KIMBALL LADIEN, MD, PRO SE AND AS THE INDEPENDENT ADMINISTRATOR OF
THE ESTATE OF SYLVIA DOUCETTE-LADIEN v. HARRY COHEN, PRESENCE and
PRESENCE/SJH including SJH employees and agents)
1060. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
herein. This Count refers to all Parties listed above in the discussion below.
1061. From September 2, 2009 through October 2011, and at all times relevant to this
Complaint, Defendant DR. COHEN, Presence and SJH owed SYLVIA a duty to act as a reasonably
careful doctor in similar circumstances would act.
1062. On and after September 2, 2009 through September 2011, and at all relevant times
hereto, Defendant DR. COHEN was negligent for one or more of the following reasons:

failed to monitor and prevent over-radiation of SYLVIA;
182

failed to give informed consent to both SYLVIA and Dr. Ladien concerning both the
possibility and risks associated with over-radiation;

failed to prevent and treat wrongful DVT leading to iatrogenic CVA;

-
failed to reduce Sylvia’s over-sedation on morphine drip and provide basic standard of care in -protecting Sylvia’s Airway and Breathing;

failed to prevent wrongful changes in Sylvia’s POA and FULL CODE status;

Was otherwise careless and/or negligent.
1063. As a proximate result of one or more of the foregoing negligent acts and/or omissions of
the Defendant, DR. COHEN, Presence and SJH, SYLVIA died, and prior to her death she suffered
severe and conscious pain, suffering and emotional distress.
1064. SYLVIA left surviving as his next of kin her husband, Plaintiff Dr. Ladien and daughter,
Fawn Doucette. Because of Defendants’ negligence, said next of kin had less time to spend in the
company of SYLVIA than they would otherwise have had.
1065. By reason of the wrongful death of SYLVIA, said next of kin has: sustained substantial
pecuniary loss; been deprived of valuable services that the decedent, SYLVIA, was accustomed to
performing for her and would have continued to perform but for his death; been deprived of the
affection, society, companionship, and guidance of the decedent, SYLVIA, to their great detriment;
and, suffered and will continue to suffer from grief, sorrow, and mental suffering due to the death of the
decedent, SYLVIA.
WHEREFORE, the Plaintiff, DR. KIMBALL LADIEN, pro se and as Independent
Administrator of the Estate of SYLVIA, Deceased, prays for damages against Defendant COHEN, SJH
and PRESENCE, in a sum in excess of Fifty Thousand Dollars ($50,000), plus costs.
COUNT FOURTEEN
SURVIVAL ACT
(KIMBALL LADIEN, MD, PRO SE AND AS THE INDEPENDENT ADMINISTRATOR OF
THE ESTATE OF SYLVIA DOUCETTE-LADIEN v. HARRY COHEN. PRESENCE AND
PRESENCE/SJH including SJH employees and agents)
1066. Plaintiff incorporates by reference herein Paragraphs 1 through 986 as if fully set forth
183
herein. This Count refers to all Parties listed above in the discussion below.
1067. From September 2, 2009 through October 2011, and at all times relevant to this
Complaint, Defendant DR. COHEN, owed SYLVIA a duty to act as a reasonably careful doctor in
similar circumstances would act. On and after September 2, 2009 through September 2011, and at all
relevant times hereto, Defendant DR. COHEN was negligent for one or more of the following reasons:

failed to monitor and prevent over-radiation of SYLVIA;

-
failed to give informed consent to both SYLVIA and Dr. Ladien concerning both the possibility
and risks associated with over radiation;

failed to prevent and treat wrongful DVT leading to iatrogenic CVA;

-
failed to reduce Sylvia’s over-sedation on morphine drip and provide basic standard of care in -protecting Sylvia’s Airway and Breathing;

failed to prevent wrongful changes in Sylvia’s POA and FULL CODE status;

Was otherwise careless and/or negligent.
1068. As a proximate result of one or more of the foregoing negligent acts and/or omissions of
the Defendant, DR. COHEN, Presence and SJH. SYLVIA died, and prior to her death she suffered
severe and conscious pain, suffering and emotional distress as a proximate result of one or more of the
foregoing negligent acts and/or omissions of the Defendant, COHEN, Presence and SJH, SYLVIA was
caused to suffer injuries, pain, suffering, disability, disfigurement, legal obligations for Hospital,
medical, nursing, rehabilitative, and other medical services and treatment, and a shortened life
expectancy resulting in her death on 2/4/12.
WHEREFORE, the Plaintiff, DR, KIMBALL LADIEN, pro se and as Independent
Administrator of the Estate of SYLVIA, Deceased, prays for damages against Defendant DR. COHEN,
Presence and SJH including its employees and agents, in a sum in excess of Fifty Thousand Dollars
($50,000), plus costs.
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VI. Requested Mandatory and Injunctive Relief
1. Mitigating vs Aggravating Factors.
1069.
In addition to any monetary settlement is most important to ensure that the SYSTEM is FIXED so that the
Arrogance, Stupidity and Systematic Abuses of Power (ASSs) that led to Sylvia’s WRONGFUL DEATH and Dr. Ladien’s
still ongoing and deliberate WRONGFUL HARASSMENT cannot happen in the future. Dr. Ladien would use the bulk of
any monetary settlement, just as Ralph Nader before him, to set up a foundation to implement the “four tools listed below
and to fight ASSs both here and wherever else they may be.
1070. To the extent that an out-of-court mediated settlement to this case can be reached, depending on how willing
all of the defendants are to help implement the programs below, punitive damages could be reduced or even, potentially,
eliminated altogether. Similarly, if at all possible, Dr. Ladien would like to hold off on formally contacting law enforcement
agencies while efforts are being made to find a win-win mediated resolution to these matters.
1071.
It is important to emphasize that, in the long run, the appropriate law enforcement agencies can and must
be contacted related to these matters. It is simply a manner that the more complete the implementation of the remedies
below, the more of a mediating factor this could potentially be. The more people end up doing the RIGHT things for the
RIGHT reasons, the more “something very GOOD” can be made of “something very Bad” indeed.
2. Indefinitely postponing the appellate hearing process and/or canceling it completely.
1072.
While Dr. Ladien seeks injunctive relief to indefinitely postpone the appellate hearing process at least
during the time of these court proceedings, it would be ideal if all of the parties simply agreed to do this simply because it
was the RIGHT thing to do. Short of such an agreement, however, an injunction will help to prevent irreparable harm due to
the unethical and illegal WRONGFUL HARASSMENT of Dr. Ladien as a WHISTLEBLOWER simply trying to protect
his wife.
3. Seeking a win-win mediated out-of-court settlement.
1073.
Prior to proceeding with a court hearing on these matters, Dr. Ladien prays to the court to order all parties
to in good faith seek a win-win mediated out-of-court resolution to the current problems. Especially as Dr. Ladien is
currently pro se, such a mediated out-of-court resolution to these problems could also save the parties a significant amount
of money compared to any potential jury awards involved in this case. Thus, not only would seeking such a win-win
185
resolution to these matters be the RIGHT and LOVING thing to do, it would also be the smart and ethical thing to do as
well. Again, to the extent that such win-win resolutions are found these would be significant MITIGATING factors
concerning this case.
4. Acknowledging past problems and pledging to FIX THEM.
1074.
Again, whether it is SJAIL and the MEC, Sister Mary and the Boards of Presence and SJH, IDPH,
JCAHO, EOIG, the Church and Cardinal George or even Gov. Quinn, it is hard to “FIX” problems until first
ACKNOWLEDGING that these problems exist. To the extent that the defendants are willing to ACKNOWLEDGE these
past problems and pledge to work TOGETHER to FIX THESE PROBLEMS ONCE AND FOR ALL, much good can be
done for the benefit of all.
5. Setting up an IF-PREVENT fact-finding committee.
1075.
Just as the National Transportation and Safety Board (NTSB) always set up a fact-finding committee after
major accidents to establish not only the true facts as to what happened in a situation but, equally importantly, how to
PREVENT such problems in the future, so too here a fact-finding committee can do a great deal of GOOD moving forward.
While the IF-PREVENT model discussed below incorporates such fact-finding committees routinely into any investigation
of problems, the committee set up in this case would, in essence, be a “trial run” for the full IF-PREVENT model.
1076.
As a crucial step in finding out what actually happened in this case to the greatest extent possible, Dr.
Ladien is requesting an injunction that detailed depositions of all parties involved in this case be conducted during the
process of the complete investigation concerning these matters. To save money and be consistent with the later IFPREVENT model, such depositions would be audio-and/or videotaped but would not necessarily have to be transcribed by a
court reporter.
1077
In a similar way, Dr. Ladien has written when he is referred to as “CME I-V” that reviews in some detail
various aspects of this case. As with all regular CME programs, Dr. Ladien has influenced specific questions for the readers
to answer concerning these events. Dr. Ladien has specifically requested that ALL members of SJAIL including, but not
necessarily limited to LusHawk, Hildalgo, Eades, Byrne, Mann, Carol Buer and Carol Schultz, be ordered by the court
to answer these questions fully and in detail. Dr. Ladien also request that the court at all members of the MEC, Sister Mary
Imler, Sandra Bruce and the Boards of Presence and SJH to also answer all of these questions fully and in detail.
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1078.
Just as with any CMEs, these materials are meant to help educate these individuals as to what happened in
this case as well as to learn from them in as complete detail as possible what actually happened and what they have
LEARNED from these experiences. To the extent that the individuals noted above have demonstrated by their answers that
they truly have LEARNED from these experiences and they write full, detailed and sincere apologies concerning their roles
in the WRONGFUL DEATH of Sylvia and the WRONGFUL HARASSMENT of Dr. Ladien, these would, again, be strong
mitigating factors related to these individual’s roles involving these matters.
1079.
Again, as with the IF-PREVENT model discussed below in general, the purpose of this fact-finding
committee and answers to these questions is to seek win-win answers that help to Identify, Fix and PREVENT such
problems in the future. To the extent that we are successful in accomplishing this goal, great GOOD can be accomplished.
6. Establishing functional ethics and fact-finding committees using the IF-PREVENT model in all relevant agencies.
1080.
Similar to the above fact-finding committee focused on members of SJAIL, the MEC the Boards and
administration of Presence, Dr. Ladien specifically requests that similar fact-finding committees the established in all
relevant agencies involved in this complaint including, but not necessarily limited to, IDPH, JCAHO, ARDC, EOIG and the
Gov.’s office itself. Again, while depositions any hearings related to these matters by these committees are not necessarily
need to be transcribed by a court reporter, they should be audio and/or videotaped and, as needed, transcribed for future
study and research. It would be Dr. Ladien’s desire and intent to study each of these agencies and their answers to such
investigations in detail so as to all to really write a report concerning all of these events and “lessons learned” similar to
what is done as a “final product” by the NTSB in their investigations. It is specifically hoped that these “lessons learned”
will help to become the basis for the IF-PREVENT, Super-EPIC and IF-PASS programs discussed below. As such, again,
much GOOD can come from this process.
1081.
While it would be Dr. Ladien’s intent for these ethics and fact-finding committees to be helpful in studying
the current situation, it is Dr. Ladien’s desire, intent and request that these committees become permanent parts of all of the
institutions participating in this process. It is further hoped that these committees, incorporating the IF-PREVENT, SuperEPIC and IF-PASS models can be replicated in healthcare organizations, legal firms, businesses and governmental agencies
well beyond those specifically involved in the current case. As such, all of these institutions could help become MODELS
FOR THE COUNTRY in highly humane, cost-effective “PREVENTIVE MEDICINE” that benefit society on many levels
moving forward in the future.
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7. Computer programs to monitor Total Cumulative Radiation Dose (TCRD)
1082.
As, perhaps, the absolutely simplest example of such a “fact-finding committee” playing in the IF-
PREVENT and Super-EPIC models listed below, specific committees to establish the Total Cumulative Radiation Dose
(TCRD) received by Sylvia at both NW and SJH should be ordered by the court if not done on a voluntary basis. In addition
to establishing the TCRDs received by Sylvia in these institutions, specific efforts would be made to identify specific
software programs that could be interfaced with Super-EPIC (and/or more general IF-PASS programs) to automatically
collect, calculate and report such information on individual patients on a timely basis moving forward.
1083.
Again, the extent that collecting and making readily available such total cumulative radiation dose data on
patients in the future becomes the BEST PRACTICE STANDARD OF CARE this, in and of itself, would do great GOOD
moving forward. To the extent that tragedies such as those leading to the WRONGFUL DEATH of Sylvia can be
PREVENTED in the future, this too would please Sylvia greatly.
8. IF-PREVENT—Mediation BEFORE Litigation and Continuous Quality Improvement (CQI)
1084.
As discussed above, and in more detail in CME IV, IF-PREVENT would incorporate basic win-win
problem-solving algorithms that would emphasize MEDIATION BEFORE LITIGATION and CONTINUOUS QUALITY
IMPROVEMENT (CQI) protocols in all investigations, whether in healthcare organizations or elsewhere, moving forward.
While much of the “spirit” of these win-win and CQI problem-solving algorithms are already incorporated into the basic
policies, procedures and protocols of many healthcare organizations, including IDPH, the goal of this effort would be to
standardize these algorithms so that they would help to both test and establish “BEST PRACTICE” techniques in all fields
on an ongoing basis. Thus, to the best extent possible, we would be able to LEARN from each “problem” throughout the
entire healthcare field wherever it might occur to help in establishing BEST PRACTICES throughout the entire system.
“Do onto others as you would have done onto yourself.”— Jesus, circa 30 A.D.
1085.
Much as with the National Safety Transportation Board (NTSB), IF-PREVENT is designed to get “all of
the facts” concerning a problem-- not so much to assess “blame,” per se, as to Identify, Fix and, above all, PREVENT these
problems from ever happening again to the greatest extent possible.
1086.
A “mediator” would have the role of trying to gather all of the facts concerning the case and bring all of
the parties together for the purpose of both DIALOG and genuine PROBLEM SOLVING. The goal of ALL mediation is
precisely, by definition, to SEEK WIN-WIN RESOLUTIONS to problems whenever and wherever possible. This is as true
whether you are dealing with a conflict in a family, in the Church, in communities or between nations.
1087.
Just as the famous “win-win problem solver” noted above suggested over 2000 years ago, “solutions” only
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”work” when they work for EVERYONE. To say that Jesus was a “man ahead of his time” or a “God for all time” would,
perhaps, both be true. As Cardinal George says in “God in Action,” “Faith and Reason are universal because TRUTH is
universal.” Johnnie von Neuman may have articulated the principles of Game Theory shortly after WWII, but God has
known them much longer than this….
1088.
Systematic
While IF-PREVENT was originally designed to avoid the problems of Arrogance, Stupidity and
Abuse of Power (ASSs) in the medical system, Lord knows (and certainly he does), ASSs are prevalent throughout society
and must be FOUGHT whenever and wherever they try to Abuse Power.
1089. Thus, while IF-PREVENT certainly is important within the healthcare field, it is equally critical
everywhere else throughout society that it may be applied.
1090.
While Sylvia and Dr. .Ladien were living in Hospital rooms for 19 months fighting to first save her life and
then, over time, cure her leukemia, her medical expenses were over 2 ½ million dollars. While Dr. Ladien does not regret
for a second giving everything he ever had in his attempts to save Sylvia, our current system in America leaves
approximately 1/3 of all families with major illnesses bankrupt. While there are thus many people in Dr. Ladien’s same
situation, our current system of lose-lose litigation often stands directly in the way of actually FIXING the problems,
including the diseases themselves, that lead to these predicaments.
1091.
By fundamentally incorporating the principle of Mediation BEFORE Litigation, we can, in fact, achieve a
PARADIGM SHIFT in our legal system from its current dysfunctional, pathological and even deadly focus on lose-lose
litigation (which helped to kill Sylvia) to a win-win mediation model that would fundamentally save time, money and,
potentially, above all, lives.
1092.
Again, in reaching out to Cardinal George, Dr. Ladien has been trying along with Ralph Bonaccorsi for the
last year and a half to put the principle of Mediation BEFORE Litigation into practice. Let us hope and pray that this is,
ultimately, exactly what happens in this case with Sister Mary Imler and Sandra Bruce and many more in the future. Simply
put, if we can achieve peace and harmony with Sister Mary, perhaps there is hope for the Israelis and Arabs in the Middle
East as well….We can not only hope and pray-- we can work our butts off to make it happen— which is precisely what Dr.
Ladien is asking of Cardinal George and Pope Francis.
9. Super-EPIC
1093.
By interfacing the IF-PREVENT model with all electronic medical record (EMR) systems, we could help
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to ensure that such BEST PRACTICES were being incorporated as broadly as possible. As the Presence healthcare
organization currently uses the “EPIC” EMR system, Dr. Ladien has throughout CME III-V and elsewhere referred to the
“Super-EPIC” program when discussing such upgraded EMR systems.
1094.
While Super-EPIC would be a starting point for helping to interface the IF-PREVENT win-win problem-
solving algorithms with IDPH as part of an agreed-upon resolution to the above issues (whether “mandated” by the court or
not), ultimately all EMR systems (e.g., EPIC, McKesson, Meditech, etc.) would not only be interfaced with IDPH but with
each other so that they could be literally speaking “a common language.”
1095.
While such an interface system is anticipated and even mandated in current health care reform legislation,
the sooner that we can accomplish such a “common dialog” among the many present EMR systems, the absolute better it
will be for the overall quality of the system and its benefit to all involved.
1096.
While there are many companies currently involved with EMR systems as noted above, Dr. Ladien would
request as one outcome of the present mediated and/or mandated resolution to these problems be that such an interface
program be established for not just the Presence system, but for all healthcare organizations throughout the State. Presence,
in essence, would become a MODEL FOR THE COUNTRY along with IDPH and Illinois in general for highly humane,
cost-effective PREVENTIVE MEDICINE that saves both lives and money in the process.
1097.
When fully up and running, the IF-PREVENT and Super-EPIC programs would give IDPH access in real
time to the specific status of all “problems” in the healthcare system throughout Illinois at a fraction of the current costs, but
with an order of magnitude improvement in both the time and effectiveness of the overall system.
1098.
Not only were IF-PREVENT and Super-EPIC help prevent the Arrogance, Stupidity and Systematic
Abuses of Power (ASSs) that led to Sylvia’s WRONGFUL DEATH, they could also prevent other problems, both large and
small, throughout the entire State system while helping to ensure that BEST PRACTICE standards of care were being
implemented and followed at all times.
1099.
It would be requested that the basic costs of implementing IF-PREVENT and Super-EPIC be covered by
both Presence and the State as part of the remedies requested in this case. It is noted, however, that once implemented both
IF-PREVENT and Super-EPIC should more than paying for themselves over time in the savings of both lives and money
through their implementation. Thus, again, these would be examples of win-win outcomes that, hopefully, can be achieved
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through mediation but, if necessary can be considered part of a jury settlement to this case if need be.
10. IF-PASS (Identify, Fix, Prevent Automated Smart Systems)—Generalized Cyber-Tools.
1100.
Just as IF-PREVENT and Super-EPIC could be models for the State system with respect to healthcare
organizations, the broader version of IF-PREVENT utilizing General Automated Smart Systems (GASSs) could be used to
implement similar win-win, prevention-oriented problem-solving algorithms in areas ranging from business and the law to
government and many other institutions as well. As noted above, general term for this class of cyber tools would be covered
under the heading of IF-PASS (Identify, Fix and Prevent—Automated Smart Systems.
1101.
While portions of IF-PASS could be implemented as part of an overall settlement of this case, especially
as they relate to governmental agencies, it would be requested as part of a remedy in this case that costs for the development
and implementation of these programs be paid at least in part by the governmental agencies that would benefit from these
programs.
1102.
While it may be possible for Dr. Ladien to consult and partner with current Electronic Medical Records
system such as EPIC, McKesson and Meditech, Dr. Ladien wishes to explore the option of working with larger informationbased companies such as Microsoft and/or IBM in the development of both the Generalized Automated Smart Systems of
which Super-EPIC would be but one example. By developing broader GASS programs that can interface with multiple
systems both in healthcare and in other areas as noted above, both the efficiency and cost-effectiveness of these programs
would be substantially increased. Again, to the extent that the State would benefit greatly by the implementation of such
generalized programs, it would be recommended that at least part of the cost of their implementation be paid for by the State
as part of a general settlement of this case.
1103.
Just as Fed-Ex can “track” packages anywhere in the world with the click of a button, Super-EPIC could
automatically track the status of “problems” in real time anywhere in Illinois for IDPH and anywhere in the country for
JCAHO also, literally, at the “click of a button”— saving time, money and, above all, LIVES in the process and.
1104. But just as Super-EPIC can track problems in the healthcare system, an IF-PASS system could track similar
“problems” anywhere else just as well. Thus, for instance, Cardinal George literally at the “click of a button” (or mouse)
could know EXACTLY the status of all “abuse “issues and allegations anywhere in the system at any time, day or night
throughout the Archdiocese. Using exactly the same system, Pope Francis could know exactly the same information in any
and every Archdiocese literally throughout the world. As abuse is most often a “disease of secrecy,” putting information
about these problems into the hands of good people (Cardinal George, Pope Francis, etc.) can be an important step in
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PREVENTING such abuses in the future.
1105.
Just as we are seeing, however, in the current case with Sister Judith Plumb, “knowledge” alone is not
enough. You actually need to UNDERSTAND the information that is being given to you. This is, in part, why the role of
MEDIATOR (e.g., OMBUDSPERSON) can be absolutely CRITICAL in designing systems in the future. (See Step One
above.) Sister Judith can Enable abuse just as did Bishop Grahmann in the case of Kos some 15 years earlier. Again, those
who do not LEARN from the past….
1106.
Because “cyber tools” such as IF-PASS can be integrated into ALL of our institutions from medicine and
business through law and government and everything in between, with the incorporation of IF-PREVENT we can literally
hard wire win-win problem-solving algorithms into ALL areas of society moving forward. As Microsoft is recently
somewhat of “a business in search of a mission,” for Bill Gates to encourage Microsoft to aid in the building of such cyber
tools would be an absolute win-win for all involved. While it is IBM whose motto is “We are helping to build a smarter
planet,” Microsoft could legitimately say “We are helping to build a better world” and be absolutely correct in their
statement.
1107.
Simply put, the more that people think in terms of “doing onto others as you would have done onto
yourself,” the better the world we will have— Whether we are talking about families, communities or entire nations, we are
ALL ALWAYS better off for seeking the win-win resolution of problems.
11. Safe Haven—Towards a Gang-Free, Drug-Free, Full-Employment Economy in America by 2020.
“A PENNY OF PREVENTION IS WORTH A DOLLAR OF CURE.”—Motto for Safe Haven.
1108.
While Safe Haven as described in section 2 above would not directly prevent the abuses leading to the
WRONGFUL DEATH of Sylvia, they could go far towards breaking the cycles of gangs, drugs, abuse and joblessness both
in Illinois and across the Country while SAVING significant amounts of tax dollars in the process. Again, it can be strongly
argued that through their silence, the Sisters of Nazareth most definitely contributed to the “WRONGFUL DEATH” of Safe
Haven when they did not stand up to the CEO of St. Mary’s Hospital and his racist Statements that “we don’t want to be
known as the Black Hospital.”
1109.
To the extent that Safe Haven programs are piloted in Illinois, they could go far towards paying off the
pension fund deficits over time while significantly improving the overall standard of living for all citizens of the State. Not
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only could these model programs ultimately be implemented throughout the Country, they can help to end poverty and
joblessness and many other chronic social problems literally around the World over time. Such remedies, thus, would be yet
another example of win-win outcomes that would be a significant tribute to both Sylvia and all other victims of abuse over
time.
1110.
Considering that it was the Silence of the Sisters that directly led to the WRONGFUL DEATH of Safe
Haven in Kankakee 20 years ago (“We don’t want to be known as the BLACK HOSPITAL”—SMH CEO), it is absolutely
more than fair to seek their assistance in the RESURRECTION of Safe Haven now. As can be seen in the figures
throughout Dr. Ladien’s Safe Haven book, it is precisely by balancing RIGHTS AND RESPONSIBILITIES at ALL times
that we can, again, literally DESIGN our systems to be win-wins at all levels of society.
1111. By truly breaking the all-too-vicious cycles of gangs, drugs, abuse and joblessness ONCE AND FOR ALL,
we can, in fact, save both money and tax dollars in the process. Even in 1993, when Dr. Ladien was first trying to
implement Safe Haven throughout Kankakee County “with the support and approval of St. Mary’s Hospital,” he noted that
if we reduced things, drugs, abuse and joblessness in Illinois by even 10%, we would be SAVING over $500 million
annually. By reinvesting even some of these savings into prevention-oriented programs such as daycare and afterschool
programs, we could achieve a MULTIPLIER EFFECT with even greater savings, both human and financial, in future years.
1112.
With the implementation of Safe Haven throughout Illinois, we could save far more than enough money to
resolve the pension crisis in an absolutely win-win way for all involved— pensioners and taxpayers alike. Simply put, Gov.
Quinn could become the most beloved Governor of all time by simply doing the right thing as Dr. Ladien has been urging
him and others to do for many years. The fact that Safe Haven has achieved broad BIPARTISAN support from everyone
from Gov. Jim Edgar and Congressman Ewing through Sen. Carol Mosely Braun and the K3 NAACP is a FACT of which
Dr. Ladien will always be proud.
1113.
Yet just as Penicillin can work in Chicago or Joliet, it can equally well work in Buenos Aires, Nairobi or
New Delhi. Simply put, Safe Haven is NOT Republican or Democrat, liberal or conservative, communist or capitalist, it is
simply GOOD PREVENTIVE MEDICINE that can SAVE LIVES and money wherever in the world that it is implemented.
Dr. Ladien’s Safe Haven programs may have been “KILLED” by the SILENCE OF THE SISTERS some 20 years ago, but
GOOD SCIENCE is GOOD SCIENCE and TRUTH NEVER DIES. The more we work TOGETHER, the more good things
can happen.
12. GEIP--Global Energy Independence Program
1114. Finally, as also described in Section 2, Dr. Ladien’s Global Energy Independence
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Programs (GEIP) have the potential for providing a clean, safe, renewable source of energy that could,
potentially, SAVE up to $2-3 T/yr of the $5-7 Trillion that is spent annually primarily on carbon-based
energy sources (ie, oil, coal and gas). As global energy needs increase over time through, for instance,
the implementation of major desalinization programs that could provide fresh water to many countries
and helped turn deserts into gardens, the savings from these programs would be even greater. With the
help of Cardinal George’s and Pope Francis’s, this money could truly help to end poverty, famine,
illiteracy and many diseases globally and bring true PEACE to the World if only it is used WISELY.
1115.
GEIP can, potentially provide more money to help to PROFOUND GOOD around the
World in a single year than Bill Gates and Warren Buffett combined are proposing to spend in total. As
Bill Gates in particular, with his direct association with Microsoft, could be instrumental in the
development of cyber tools as well, partnering with him on both projects would seem worthwhile on
many levels.
1116. Just as Bill Gates could as significant credibility to the implementation of these
programs, Pope Francis as well has expressed a strong desire to see PROFOUND GOOD done around
the World. To the extent that Pope Francis could help to ensure that the savings from GEIP truly went
to benefit ALL of God’s children his participation, too, could be highly beneficial in the
implementation of these programs.
1117.
Simply put, Dr. Ladien can explain the very simple equation and principles underlining GEIP in less than
five minutes to an independent, trustworthy individual such as Ralph Bonaccorsi or Jayme Matchinski or others (eg,,
members of the court(— with most of the time being spent in discussing how Pope Francis could best spend the savings
coming from these programs. If this individual feel that the programs are credible, then Dr. Ladien would ask them to get an
agreement from Cardinal George or another representative for Pope Francis that we could share this information with them
directly.
1118.
If Cardinal George or another representative also finds these programs credible, Dr. Ladien would like an
agreement ahead of time that he/she would share this information with Pope Francis on a confidential basis. If Pope Francis
finds these programs credible, then Dr. Ladien would like his agreement that he would assign people to meet with Dr.
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Ladien to help implement these programs BEFORE the general dissemination of the principles of GEIP. As these principles,
as will be seen, are very simple to understand, everyone would be in a far better position in negotiating with various
governments (e.g., in the Middle East) to ensure that these programs would be used for GOOD if we simply wait to release
this information until such agreements are in place.
1119.
Again, since “seeing is believing,” the simplest way to get CREDIBILITY first with an independent
individual, then with Cardinal George, then with Pope Francis is to simply share this information with these and let them
Judge it for themselves. Since the initial individual would be the gatekeeper for Cardinal George and/or Pope Francis in this
matter, we need nothing more from him than his word that he will meet with Dr. Ladien should they find these proposals
worthy of their consideration. Simply put, Cardinal George and/or a representative of the Pope has absolutely nothing to
lose and everything to gain by simply doing what Dr. Ladien has asked for a year and a half, namely to always SEEK THE
TRUTH.
1120.
It is very important (if obvious) to note, however, that these savings would NOT “belong” to Pope Francis,
per se, but to the PEOPLE of each country where these programs would be implemented. The best that Pope Francis could
do, potentially, would be to come to AGREEMENTS with these countries that any savings that they get by implementing
these programs (let alone cleaner air, etc.) would be passed on to the people of these countries in terms of providing jobs,
education, healthcare and other social services to improve the overall standard of living in these countries to the best extent
possible.
1121.
While Pope Francis could not “enforce” such agreements, at least he would have begun a dialog on these
important issues. To the extent that IF-PREVENT, Super-EPIC, IF-PASS and Safe Haven were also implemented in these
countries PRIOR to the sharing and implementation of GEIP, there would be at least some guarantee that these savings
would be used for the benefit of all.
1122.
In the Middle East, for instance, GEIP could be used to run desalinization plants that could literally turn
deserts into gardens and, potentially, help to defuse age-old conflicts in the process. But none of these outcomes are
“guaranteed” and would very much need the GOOD WILL of all parties involved.
1123.
Just as Pope Francis can be very helpful in reaching these agreements, as noted above, Bill Gates has
expressed a significant interest in “alternative energy sources” as well. Again, to the extent that Microsoft could help in the
development of the cyber-tools underlying IF-PASS, he, too, would be a good partner in these endeavors. (See 3w3m3y
Goals.) To the extent that GEIP could potentially provide more than 10 times the amount of money each YEAR than Bill
Gates and Warren Buffett are offering for their entire lifetimes, they should be particularly interested in these proposals. To
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the extent that these cyber tools can help to make these various governments around the world, as well as here in the United
States, much more TRANSPARENT, CONSISTENT and FAIR (ie, win-win by design), this would only help to ensure that
the savings from GEIP would go to the benefits of ALL people and not just a few elites. (Cf. Exhibit U—3w3m3y agenda.)
SECTION VII. SUMMARY AND OVERVIEW
1. Mediation BEFORE Litigation—The Perry Principle—A Mason’s Delight—Building a Better System.
FIRST DO NO HARM
SECOND, ALWAYS SEEK THE TRUTH
THIRD, ALWAYS SEEK THE WIN-WIN OPTION
(Do Onto Others as ye would have done onto you.—Jesus of Nazareth, circa 30 AD = Summary of Win-Win Option.)
1124.
Just as Dr. Ladien is requesting Mediation BEFORE Litigation in the current case, he is also
recommending it to the court to consider on a trial basis at least for pro se cases in the future. To the extent that a mediator
could help to gather facts for the Judge in cases as well as try to find a win-win resolution to the issues involved, this would
save both the litigants and the Judge involved both time and money. Since achieving a win-win outcome would be precisely
the goal of such mediation, it would, by definition, be a FAIR process for all involved. A brief description of these
proposals is included in Exhibit V.
1125.
To the extent that such a pilot program proved to be both cost-effective and fair, there would be a strong
argument for expanding the protocol of Mediation BEFORE Litigation to most, if not all, cases moving forward.
1126.
Time after time, Lieut. Tragg and Hamilton Burger waste precious court resources by “litigating first and
asking questions later.” Tragg and Burger are repeatedly missing Step One, FIRST DO NO HARM (Intervention), let alone
Step Two, Investigation and Step Three, Mediation as noted above.
1127.
Perry Mason is a “hero” (albeit fictional) precisely because he is always SEEKING THE TRUTH
and JUSTICE. Even were Perry Mason not a fictional character, not everyone might be so fortunate as to have him for a
lawyer. By simply applying the “Perry Principle” of Mediation BEFORE Litigation, we could greatly improve the system
for the benefit of ALL—litigants, the Court and taxpayers alike.
2. Win-Win Problem Resolution Writ Large—Freedom’s Road: Global Implementation of IF-PREVENT/IF-PASS
1127.
In Dr. Ladien’s original Safe Haven book from 1993, he had already described in detail both the concept
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of a Freedom Quotient (FQ) and its practical applications. (Exhibit X, Section 3.)
1128.
The Freedom Quotient (FQ) can be defined as follows:
Individual perception: Benefits – Costs
(Rights)
Freedom Quotient (FQ) = -----------------------------------------------------------------------Societal perception:
Benefits – Costs (Responsibilities)
1129.
By balancing the costs and benefits of particular events for both the individual and society at large, we
can, in fact, maximize the win-win-win outcomes for the GOOD of all on a consistent basis.
1130.
Throughout Safe Haven, examples are given employing the freedom quotient to maximize win-win
outcomes for both individuals AND society in a dynamic fashion that can be monitored and refined over time. Just as
Continuous Quality Improvement (CQI) is the “holy grail” of Medicine and the health care system, over time CQI can
be applied equally effectively within the Judicial system as well with equally beneficial results.
1131.
Just as with Instant Replay (Exhibit V), the ultimate role of a “Judge” in football can be explicitly defined
as getting ALL of the facts in a situation and understanding them in detail BEFORE making a final decision, so too in the
judicial system and far beyond, we can empirically defined outcomes based on how they will routinely maximize win-win
resolutions to problems. We can also empirically improve on such outcomes with CQI over time.
1132.
And, with the benefit of the Internet and in court cameras, just as in football, literally millions of people
from around the world and across all times can examine exactly the same evidence as the “Judge” and come to their own
conclusions as to the “fairness” of both the process and the “Verdict.” Thus, in a judicial system employing IF-PREVENT
and the Freedom Quotient, just as in DEMOCRACY itself, PEOPLE are EMPOWERED for the good of ALL.
1133.
Simply put, true JUSTICE, like TRUTH itself, is anything but “arbitrary and capricious.” True Justice is
wise and informed and easily stands the test of time, history and public opinion. By finally FIXING a highly dysfunctional,
pathological and literally deadly lose-lose Litigation system and replacing it with a win-win Mediation system, litigants, the
Court and society at large are all benefited greatly.
1134.
The more that we make the implementation of the freedom quotient as the empirical basis for true
JUSTICE at ALL levels of society around the world, the more of not just a “smarter,” but a more JUST and win-win planet
we will have achieved.
1135.
It may have taken 20 years longer than necessary thanks to ASSs such as the Chair of IJR, the CEO
of SMH-K3 and Wayne Anderson (Exhibit V) and now SJAIL and the MEC as well but, in the end, as with all good
science, TRUTH WILL OUT— and the world will be a better place for it.
1136.
Whether it is applied to individuals, communities, countries or the world at large, the freedom quotient
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can, by definition, maximize the win-win outcomes on the long march down the Righteous Path of Freedom’s Road.
1137.
With the freedom quotient, IF-PREVENT, Super-EPIC and IF-PASS, gone is the notion of “plausible
deniability” replaced in the information age with ACCOUNTABILITY (ie, Benevolent and Responsible Supervision).
1138.
Not only CAN leaders now “the right thing to do,” they can be held truly ACCOUNTABLE by ordinary
citizens to actually DO THEIR JOBS and do them FAIRLY.
1139.
A new age of true EMPOWERMENT (Rights AND Responsibilities) is waiting to be born.
3. Keeping the Peace—It Takes a Planet. Treating Arrogance, Stupidity and Systematic Abuse of Power (ASSs).
“It takes a nation to go to war. It takes a Planet to keep the Peace.”
-“When people fear the Government, there is Tyranny. When the Government fears the People, there is Liberty”-T Jefferson
1140.
Hitler did not just wake up one morning and decide to invade Poland.
1141.
Similarly, Stalin did not just wake up one morning and decide to purge “his” Army and set up the Gulag.
1142.
In both of these cases and in every other similar situation throughout history, it takes a nation to go to war.
But, in the end, it takes a Planet to keep the Peace. The illness of ASSs, Abuse of Power, needs to stop and STOP NOW.
1143.
While the court has commented on the length of Dr. Ladien’s pro se case and the number of defendants
that are named up to and including Cardinal George, Gov. Quinn and Pope Francis, it is important to understand the specific
“defendants” listed in the CONTEXT of the specific REMEDIES being sought.
1144.
Simply put, for far too long, the best of leaders have lacked the TOOLS to fully implement the changes
that they have sought. The worst of leaders, from the very beginning, have always sought to hide their actions and the
wrongs that they have done until history is finally told and the truth is finally known. Behold Ozymandias.…
1145.
By giving leaders both here in Illinois (eg, Cardinal George and Gov. Quinn) and, ultimately, around the
world (e.g., Pope Francis, etc.) the TOOLS necessary to monitor their “systems” effectively in real time (IF-PREVENT,
Super-EPIC, IF-PASS), such leaders can no longer have the excuses that they “didn’t know” (plausible deniability) and/or
“couldn’t do anything” about situations under their control (ie, Benevolent vs Negligent Supervision).
1146.
By employing ombudspersons, such leaders can not only know the true situations in their organizations
(systems), they will have the power via IF-PREVENT and IF-PASS to implement truly win-win resolutions to problems on
a routine basis (ie, maximizing outcomes by optimizing freedom quotients).
1147.
Simply put, by holding Cardinal George, Gov. Quinn and even Pope Francis ACCOUNTABLE for
FIXING THEIR SYSTEMS, but simultaneously giving them the TOOLS (ie, REMEDIES) to implement such changes, we
create a true win-win system for the good of ALL. (Sylvia is but one example of the Billions killed by ASSs over time.
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The point is to Stop the excuses, Treat the illness and FIX THE SYSTEM ONCE AND FOR ALL.)
1148.
No longer should we perpetuate (enable) a lose-lose litigation system “of the powerful, by the powerful
and for the powerful.” Instead, we take the next important step down the Righteous Path of Freedom’s Road, not just in
America but, over time, around the World by truly building a system “OF the PEOPLE, BY the PEOPLE and, most
definitely, FOR THE PEOPLE” — so help us God.
4. Waging Peace and Suing for Justice—A Lasting Legacy of PROFOUND GOOD.
“If you want Peace, work for Justice.”—Pope Paul VI, 1/1/72.
“Last night I had the strangest dream, I never had before. I dreamed the world had all agreed to
put an end to war.”—“Strangest Dream,” The Weavers, circa. 1968.—for Sylvia.
1149.
In the fight against the Church of Pharisees and Praetorian Guards, these “four tools,”
IF-PREVENT, Super-EPIC, Safe Haven and GEIP could significantly help Pope Francis in achieving
these goals. Every journey must begin somewhere. Every legacy must be built sometime. None of us
are getting any younger. To the extent that Pope Francis can help to do Profound GOOD starting by
providing spiritual guidance to Cardinal George, Sister Judith Plumb and Sister Mary in the current
case, not only would he be providing “BENEVOLENT SUPERVISION,” he would be significantly
strengthening the Church on its mission of PROFOUND GOOD around the World.
1150. Precisely to ensure that these “four tools” were being used for good, Dr. Ladien would
seek a written agreement from the Church along with a specific plan of implementation before he
released the simple equation and details underlying GEIP. As a sign of “good faith” concerning these
matters, however, Dr. Ladien would be willing to share this equation and principles underlying GEIP
with either a trusted independent party (e.g., Jayme Matchinski) or, perhaps, even the Judge hearing
this case as noted above assuming that written agreements of confidentiality could be enforced until the
rest of the matters of this case are resolved in a positive win-win fashion.
1151. In the case of Father Rudy Kos, it took a $119.6 M “message” from the jury as to the
problems with NEGLIGENT SUPERVISION to get Bishops Grahmann and Sheehan to formally
APOLOGIZE for their actions and agree to implement programs that went far towards preventing the
abuse of children in the future. It is hoped in this case that all of the defendants will see the wisdom of
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simply doing the RIGHT and Loving thing through a mediated positive win-win out-of-court resolution
to these matters.
1152. Yet just as Dr. Ladien wishes to apply the concept of BENEVOLENT versus
NEGLIGENT SUPERVISION to the Church, IDPH, JCAHO, ARDC, EOIG, Gov. Quinn, Cardinal
George and even Pope Francis, this principle can be applied far further than this.
1153. Using IF-PREVENT and Super-EPIC-type programs, IF-PASS could allow not only
healthcare managers, but business leaders, school administrators, governors, generals, Presidents and
even Popes to know PRECISELY the status of “problems” within their systems literally at the touch of
a button. Yet with the “Right” to Power comes the absolute Responsibility to use it WISELY (cf Acton).
1154. Instead of “plausible deniability,” citizens in all areas of society, both here and around
the world, could insist on true ACCOUNTABILITY from their leaders for all of the RIGHT reasons.
To the extent that leaders would employ OMBUDSPERSONS/MEDIATORS to find win-win
resolution to these problems as a matter of standard policy, the world would be a better place by far.
1155. Using exactly the same principles by which Pope Francis could be held to be
RESPONSIBLE for monitoring and PREVENTING abuse within the Church and Catholic institutions,
so too, people around the world could begin to hold Ayellatolahs and other Muslim religious and
political leaders responsible for the actions of Al Qaeda and similar groups “preaching” intolerance.
1156. By, at the very minimum, DEMANDING that such leaders explicitly DENOUNCE
TERRORISM and issue fatois to END VIOLENCE and enter into genuine Mediation to find positive
win-win resolutions to age old problems, the world will truly be a better place and deserts shall bloom.
1157. Even “simple” steps such as demanding an end to teaching hatred in schools and media
and “allowing” young girls as well as males the “right” to a free and open education could go a long
way towards breaking down the barriers of intolerance and bigotry around the world.
1158.
Yet if the Church is to preach the virtues of human rights for other people, it must also
stop treating women as second-class citizens and empower them and all other “minorities” to seek
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positions not just within the priesthood, but throughout the entire hierarchy of the Church itself. Not
just Sylvia and Julia, but Mary would be pleased…. And it only took 2000 years! Therein lies a moral.
1159.
Simply put, organizations at all levels across the globe should practice what they
preach and LEAD BY EXAMPLE wherever and whenever possible.
1160. By literally teaching people at ALL levels of society to ALWAYS SEEK WIN-WIN
RESOLUTIONS to problems, to literally “do onto others as you would have done onto yourself,” a
new millennia will truly have been reached.
1161. By citizens around the world using IF-PASS cyber tools, we can WAGE PEACE at all
levels of society moving forward. With the right TOOLS, these are goals that truly can be obtained.
1162. In the absence of such a positive win-win out-of-court resolution to these matters, it is
prayed that a Judge and a Jury help to see these goals accomplished so that truly PROFOUND GOOD
can be done both here, around the Country and, ultimately, around the World for the benefit of ALL of
God’s children. None can do this alone. ALL can do this TOGETHER. It truly takes a Planet….
1163. There could be no more fitting legacy for Cardinal George, Pope Francis, Gov. Quinn,
Sylvia, Sisters and all others who would join us on this RIGHTEOUS PATH and work together to see
“something very GOOD” come of “something very Bad.” (Exhibits W-Y.)
1164. As Dr. Ladien both began and ended his Safe Haven book more than 20 years ago and
believe now more than ever, “Alone, we can accomplish little. Working TOGETHER we can change
the World. At this special time, let there truly be Peace of Earth and Good Will towards ALL of God’s
Children. Dr. Ladien and Sylvia hope and pray that these can be goals truly worthy of us all.
--For Sylvia and ALL—with Love always.
KIMBALL LADIEN, M.D., KIMBALL LADIEN, M.D.,
as Independent Administrator of the Estate of SYLVIA,
deceased.
By:_______________________________
Dr. Kimball Ladien, pro se
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VERIFICATION
Kimball Ladien, M.D., Plaintiff in this case pro se and as the Independent Administrator of the
Estate of Sylvia Doucette Ladien, under penalties as provided by law pursuant to Section 1-109 of the
Illinois Code of Civil Procedure, the undersigned certifies that the Statements set forth in this Verified
Complaint are true and correct, as to matters of fact within his personal knowledge, and as to all other
matters the undersigned certifies as aforesaid that he verily believes the same to be true.
Date: _________________
________________________________
Kimball Ladien, M.D.
KLvSJHNWetal22Nov13w
KIMBALL LADIEN, M.D., KIMBALL LADIEN, M.D.,
as Independent Administrator of the Estate of SYLVIA,
deceased.
By:_______________________________
Dr. Kimball Ladien, pro se
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Epilogue—9/11-9/22--Anniversaries—Sylvia Being Sylvia—Sylvia’s Last Case
Always a woman
ahead of her time
Sylvia chuckled as she chose.
“This way you will never forget.”
So right, Sylvia was.
So right, Sylvia is.
It is fitting that
at the end of his life
JFK left HOPE
for a generation
left
HOPE
for a world
(Dragon printed POPE—SBS)
It is fitting that
at the end of her life
Julia studied cults
-- a comprehensive meta-analysis
of history and religion
-- how ideas and countries
are born and grow
-- how HOPE and DESPAIR
are choices to be made
It is fitting that
at the end of her life
in Sylvia’s last case
Sylvia “solved the mystery”
-- that can transform the country
-- that can transform the world
with a single word
hyphenated though it may be
This is what
true poets do
….
Always ahead of her time
Always ahead
-- of her loving yet befuddled husband
(Dragon writes “go to sleep” when Kim just wants to wait a moment)
Sylvia chuckled as she wrote
“Hillary”-Love
for the Sisterhood
….
It is fitting that
--to this very day
-- Dr. Ladien would LEARN
the most important lessons in life
from
Sylvia and Julia
(on this Cardinal Burke was profoundly right)
It is fitting that
-- Dr. Ladien would be left
Sylvia and Julia’s last wishes
That “something PROFOUNDLY GOOD”
come from “something Profoundly Bad”
May we all
NEVER FORGET
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I shall love you
NOW
I shall love you
FOREVER
So it shall be.
Happy Anniversary
With LOVE Always,
Kim
-
KLEpilogueSBSSLC22Nov13w
“For all who do evil hate the light and do not come to the light, so that their deeds may not be exposed. But those who do
what is true come to the light, so that it may be clear that their deeds have been done in God.”— Jesus of Nazareth (John
3:20-21)
204
205
“Justice is making something very GOOD out of something very Bad.”—Sylvia Doucette Ladien
“Alone, we can accomplish little. Working TOGETHER we can change the World.”
--Dr. Kimball Ladien
Peace on Earth and Good Will Towards ALL
--So it shall be.
LOVE
—Sylvia and Kim
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