Bowles et al v. Kentucky et al

Filing 23

MEMORANDUM OPINION & ORDER: matter is STAYED with respect to Plaintiffs claims against Advanced Correctional Healthcare, Inc., Matthew P. Johnson, ARNP, Trena Preston, ARNP, and Kelly Cox-Lynn, LPN. The parties should promptly inform the Court of the decision by the Kentucky SupremeCourt on the constitutionality of the Medical Review Panel Act. Signed by Judge Karen K. Caldwell on 5/10/18.(KJR)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
AT LEXINGTON
LARRY BOWLES and AUSTIN BOWLES,
Co-Administrators of the Estate of
Shannon Bowles, deceased, and Next
Friends of his minor children, T.B.B.,
N.H.S.B., C.D.B., M.W.B., and B.W.,

CIVIL NO. 5:17-CV-434-KKC

Plaintiff,s
v.

MEMORANDUM OPINION AND
ORDER

BOURBON COUNTY, KENTUCKY; GARY
WILSON, Individually; SHEILA GANT,
Individually; ADVANCED
CORRECTIONAL HEALTHCARE, INC.;
MATTHEW P. Johnston, ARNP; TRENA
PRESTON, ARNP, Individually; KELLY
COX-LYNN, LPN, Individually; AMIE
LAYTART, AMIE KEARNS, JUSTIN
HUGHES, BRITTANY SIDNEY, and
SONJA FRENCH, Individually
Defendants.

*** *** ***
This matter is before the Court on a motion to dismiss filed by Advanced Correctional
Healthcare, Inc., Matthew P. Johnson, ARNP, Trena Preston, ARNP, and Kelly Cox-Lynn,
LPN. (DE 12). The Defendants seek dismissal pursuant to the Kentucky Medical Review
Panel Act, Ky. Rev. Stat. § 216C.005 et seq. The Act requires plaintiffs who wish to file a
medical malpractice suit against a health care provider to first file a complaint for review by
a medical review panel before them may commence a court action. Ky. Rev. Stat. §
216C.020(1). Plaintiffs filed a complaint for panel review in compliance with the statute on
September 21, 2017. On October 30, 2017, however, the Franklin Circuit Court permanently

enjoined enforcement of Ky. Rev. Stat. § 216C, finding it violated the Kentucky constitution.
Opinion & Order, Claycomb v. Commonwealth, Cabinet for Health and Family Servs. No. 17CV-708 (Franklin Cir. Ct. Div. I Oct. 30, 2017). The next day, Plaintiffs filed this action.
(Compl., DE 1.) On November 9, 2017, the Kentucky Court of Appeals stayed the circuit
court’s injunction and therefore the Medical Review Panel Act is currently in effect in the
Commonwealth. Order Granting Emergency Relief, Commonwealth Cabinet for Health &
Family Services v. Claycomb, No. 2017-CA-001770-MR (Ky. Ct. App. Nov. 9, 2017). The
circuit court’s opinion is on expedited appeal to the Kentucky Supreme Court. Order Granting
Transfer of Appeal & Setting Expedite Briefing Schedule, No. 17-CI-00708 (Ky. Dec. 6, 2017).
Defendants seek dismissal of the claims against them based on the Medical Review Panel
Act or, in the alternative, a stay of this matter pending resolution of the decision of the
Kentucky Supreme Court on the constitutionality of the Act. The Plaintiffs have stated they
have no objection to a stay. Accordingly, the Court, being duly advised, HEREBY ORDERS
that this matter is STAYED with respect to Plaintiffs’ claims against Advanced Correctional
Healthcare, Inc., Matthew P. Johnson, ARNP, Trena Preston, ARNP, and Kelly Cox-Lynn,
LPN. The parties should promptly inform the Court of the decision by the Kentucky Supreme
Court on the constitutionality of the Medical Review Panel Act.
Dated May 10, 2018.