Delaware Circus

"Assault"/huntemann                                                                                                                                   Page 897

Chapter Ten
Scene [10]

Delaware Circus

Courts Update
2000/08/01 11:00-11:15 Tuesday [Don]
         Ed Daley called to give me an update on the nursing home’s corporate bankruptcy. There are reasons for incorporating in Delaware. One, is the system they use for bankruptcy. Crap is dragging on and on.

         The insurance company, and Sun's lawyers, are pursuing binding arbitration from some independent arbitrator to settle the 350 torts pending against them all around the country. It would be in lieu of having to go to trial for each case in dozens of different jurisdictions. A big savings in the bankruptcy proceedings.

         Ed said, “There was a hearing last Friday about referee type binding arbitration, which would not be to our advantage. Some of the parameters the judge may set are that if we accept it, we would be locked into whatever comes out of it. However, if we don't accept it, we would be limited to suing the insurance companies only and not the doctors.

         “That could be a problem, so we filed an objection. If allowed, we should still be able to take them to court in Massachusetts. The problem is, it will most likely add another 6 months to a year to the length of time before we get a resolution. The hearing was continued to August 7th.”

         I told him, “I want to go to trial no matter how long it takes.... We need a public record whether it’s a trial or a settlement.”

         Initially I trusted his judgment as to whether we settle or go to trial. Because it’s his ass that’s on the line for all the expenses so far.

         He said, “Unfortunately, arbitration will never get us close to what Kimee will need for care in the future. Or for what Renee’s estate deserves. All this arbitration stuff will just add more time before we can go to trial.”

         We talked a little about the bill that Mass Health sent Nina. In his experience it is sometimes strange the amount they ask for... more sometimes and less others.

         Ed said, “We did get a bill from Mass Health for Kimee's expenses so far. It was something like $92,000.”

         I said, “I added up a lot more than that in my estimate last June. Can we hold them to just that one bill?”

         “No. If they can justify more they can come back as often as they want.”

         “With Renee’s bill, too?”

         “Probably not. That is now a closed account. And, we expect to negotiate some of that anyway.”

         I bet they haven't even looked for Kimee’s other expenses yet. Three months in the NICU is certainly more than $92,000. They’ll keep asking. Just part of the state bureaucratic procedures when they smell money.

         Ed promised to keep us abreast of developments.

* * *

         On Thursday, the 10th, I was transcribing my journal and noted Ed had not called me back with an update on the arbitration hearing as he had promised.

         I appreciate the telephone updates from our attorney. It would be tedious to have to attend all the meetings and hearings with him. And, since I am not versed in the law, would be difficult to follow his strategy.

         But, I’m not certain his objectives are exactly the same as ours. Yes, he wants to win as much as he can for Kimee’s future care. She will need a lot.

         However, Renee is dead. She needs no more care. No settlement or judgment will help her. So his pursuit of her case is simply in his own self interest. It’s how he earns a living. He may be tempted to settle her case without a public record.

         That is not acceptable to me. Renee’s rape was not only an assault against her, but an assault against the whole nursing home industry, the Mass Health Department, and now the insurance companies.

         I wonder if he understands why I say I want a public record?


         Telephone updates are nice, but maybe I should start making a paper trail of our concerns.

         So, I whipped off a note to Ed with a request:

         During your discovery process, try to find our 3rd notebook at Town Manor. After the sentencing in Salem court, Feb 11, I asked Trooper Pi Downsborough where it was. She said she had given it to Town Manor for safe keeping. The last 2 entries in the book should shed light on our state of mind during the revealing of Renee's pregnancy on Monday, October 19th. I believe I may have commented about their lack of confidentiality on Tuesday evening because of the visits of staff that night expressing their concern about what had happened to Renee.


         And, for personal reasons, we want our records of Renee returned.


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