Murphy et al v. Massachusetts Department of Developmental Services et al

Filing 183

Magistrate Judge Katherine A. Robertson: ORDER entered. MEMORANDUM AND ORDER with Regard to Plaintiffs' Motion for Leave to File Second Amended Complaint. For the reasons stated, Plaintiffs' Motion for Leave to File Second Amended Complaint (Dkt. No. 174 ) is DENIED. See attached Memo & Order for complete details. (Attachments: Exhibit 1) (Calderon, Melissa)

EXHIBIT I

COWIWIONWEALTH OF MASSACHUSETTS

CRTR2709-CR

HAMPSHIRE COUNTY

Docket Report

s x / -y
1680CV00118

Murphy, VMD, Guardian of Kathleen M.Murphy, Patricia. A. et a! vs. Cremins, RN, Janet etal
CASE TYPE:
ACTION CODE:

FILE DATE:

DESCRIPTION:

07/29/2016

CASE TRACK;

A-Average

CASE STATUS:
STATUS DATE:

Open
07/29/2016

CASE SESSION:

Torts
BOB

Civil A

Malpractice - Medical / Wrongful Death

CASE DISPOSITION DATE 11/14/2016

CASE DISPOSITION:
CASE JUDGE:

Active
Carey, Richard J

LINKED CASE

1

DCM TRACK
Tickler Description

Due Date

Service

10/31/2016

Rule 12/19/20 Served By

11/29/2016

Answer

11/29/2016

Rule 12/19/20 Filed By

12/29/2016

Rule 12/19/20 Heard By

01/30/2017

Rule 15 Served By

09/25/2017

Rule 15 Heard By

10/25/2017

Rule 15 Filed By

10/25/2017

Discovery

07/23/2018

Rule 56 Served By

08/21/2018

Rule 56 Filed By

09/20/2018

Final Pre-Trial Conference

01/18/2019

Judgment

08/01/2019
PARTIES

Printed: 12/15/2016 3:01 pm

Case No: 1680CV00118

Completion Date

CRTR2709-CR

COMMONWEALTH OF MASSACHUSETTS

HAMPSHIRE COUNTY

Docket Report

Plaintiff

566806

Murphy, Guardian of Kathleen M. Murphy, Kevin F

Frank Edward Bonanni

Attorney Thomas J, Frain
Attorney Thomas J. Frain
563 Main Street

Boiton, MA 01740

Work Phone [phone]
Added Date: 08/01/2016
634133

Charles Alexander Hahn
Massachusetts Bar
655 Centre Street
P.O. Box 168

Boston, MA 02130

Work Phone [phone]
Added Date: 08/01/2016
567089

Thomas J Frain
Frain and Associates
Frain and Associates
563 Main Street

Boiton, MA 01740

Work Phone [phone]
Added Date: 08/01/2016

566806

Plaintiff

Murphy, VMD, Guardian of Kathleen M.Murphy,

Frank Edward Bonanni

Patricia. A.

Attorney Thomas J. Frain
Attorney Thomas J, Frain
563 Main Street

Boiton, MA 01740

Work Phone [phone]
Added Date: 08/01/2016
634133

Charles Alexander Hahn
Massachusetts Bar
655 Centre Street

P.O. Box 168

Boston, MA 02130

Work Phone [phone]
Added Date: 08/01/2016
567089

Thomas J Frain

Frain and Associates
Frain and Associates
563 Main Street

Boiton, MA 01740

Work Phone [phone]
Added Date: 08/01/2016

Printed: 12/15/2016 3:01 pm

Case No: 1680CV00118

CRTR2709-CR

COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE COUNTY

Docket Report

Defendant

363760

Cremins, RN, Janet

Robert J Murphy
Murphy & Riley, P.C.
Murphy & Riley, P.C.
101 Summer Street

Boston. MA 02110
Work Phone [phone]
Added Date: 11/14/2016
Defendant

363760

Robert J Murphy
Murphy & Riley. P.C.
Murphy & Riley. P.C.

Kuhn, Ph.D., Claire

101 Summer Street

Boston, MA 02110

Work Phone [phone]
Added Date: 11/14/2016
689094

Scott D. Kuhn
Law Office of Scott Kuhn
Law Office of Scott Kuhn

149 Cambridge Street
Cambridge, MA 02141
Work Phone [phone]
Added Date: 11/28/2016

Other interested party

Cllonsky, Ph.D., Mitchell
155 Maple Street
Suite 203

Springfield, MA 01105
Other Interested party
Welch. Esq.. Margo
143 Main Street

Northampton, MA 01060

|

PARTY CHARGES

Disposition

Offense Date/
Charqe

Disposition
Date

EVENTS. .
Date

Session

Event

01/20/2017

Civil A

Malpractice Tribunal

Printed; 12/15/2016 3:01 pm

Case No: 1680CV00118

Result

Resulting Judge

COMMONWEALTH OF MASSACHUSETTS

CRTR2709-CR

HAMPSHIRE COUNTY

Docket Report

FINANCIAL DETAILS
Assessed

Paid

Dismissed

Balance

240.00

240.00

0.00

0.00

Civil Security Fee (G.L. c. 262, § 4A)
Receipt: 2294 Date: 08/01/2016

20.00

20.00

0.00

0.00

Civil Surcharge (G.L. c. 262, § 4C)
Receipt: 2294 Date: 08/01/2016

15.00

15.00

0.00

0.00

Fee for Blank Summons or Writ

10.00

10.00

0.00

0.00

285.00

285.00

0.00

0.00

Date

Fees/Fines/Costs

07/29/2016

Civil Filing Fee (per Plaintiff)
Receipt: 2294 Date: 08/01/2016

07/29/2016

07/29/2016

07/29/2016

(except Writof Habeas Corpus) MGL
262 sec 4b Receipt: 2294 Date:
08/01/2016
Total

Deposit Account(s) Summary

Received

Applied

Checks Paid

Balance

Total

Printed: 12/15/2016 3:01 pm

Case No: 1680CV00118

Page: 4

CRTR2709-CR

COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE COUNTY

Docket Report

;i

i V ;}; -- '

Date

INFORMATIONAL DOCKET ENTRIES

Ref

Description

Judge

Attorney appearance

07/29/2016

On this date Thomas J Frain, Esq. added for Plaintiff Dr. Patricia A Murphy
07/29/2016

1

Original civil complaint filed.

07/29/2016

Attorney appearance
On this date Frank Edward Bonanni, Esq. added for Plaintiff Dr. Patricia A
Murphy Individually and as Guardian for Kathleen M Murphy

07/29/2016

Attorney appearance

On this date Charles Alexander Hahn, Esq. added for Plaintiff Dr. Patricia
A Murphy
07/29/2016

2

Civil action cover sheet filed.

Attorney appearance
On this date Frank Edward Bonanni, Esq. added for Plaintiff Kevin F

07/29/2016

Murphy Individually and as Guardian for Kathleen M Murphy
07/29/2016

Attorney appearance
On this date Thomas J Frain, Esq. added for Plaintiff Kevin F Murphy

07/29/2016

Demand for jury trial entered.

07/29/2016

Attorney appearance
On this date Charles Alexander Hahn, Esq. added for Plaintiff Kevin F

Murphy
Case assigned to:
DCM Track A - Average was added on 07/29/2016

07/29/2016

3

10/25/2016

Service Returned for

Defendant Cremins, RN, Janet: Service made at last and usual;
4

10/25/2016

Service Returned for

Defendant Kuhn, Ph.D., Claire: Service made at last and usual;
11/01/2016

5

Received from

Defendant Kuhn, Ph.D., Claire; Answer to original complaint;
Attorney appearance

11/14/2016

On this date Robert J Murphy, Esq. added for Defendant Claire Kuhn,
Ph.D.

11/14/2016

•

6

Received from

Defendant Cremins. RN. Janet: Answer to original complaint; with jury
demand

Attorney appearance

11/14/2016

On this date Robert J Murphy. Esq. added for Defendant Janet Cremins,
RN

11/28/2016

7

Attorney appearance

On this date Scott D. Kuhn, Esq. added for Defendant Claire Kuhn, Ph.D.
11/30/2016

8

ORDER for medical malpractice tribunal for Other, with Hon. Mark D
Mason presiding, Mitchell Clionsky. Ph.D and Margo Welch, Esq.
Order mailed to ail parties.

Printed: 12/15/2016 3:01 pm

Case No: 1680CV00118

Carey

16 118
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT
Civil Action No.

HAMPSHIRE, SS.

PATRICIA A. MURPHY, VMD and
KEVIN F. MURPHY,

UAWlPSHlRESUPEaiORCOUHT

As they are the Guardians
of KatMeen M. Murphy,

JUL2 92016

Plaintiffs,

HARRYJEKAN0W8KI, JR.
CLERK/MAGISTRATE

JANET CREMINS, RN and
CLAIRE KUHN, Ph.D
* Defendants

COMPLAINT AND JURY DEMAND
TNTROPUCTION

1.

This is anaction formedical malpractice, pursuant to Mass. Gen. L, c.231

§60B, as well as civil rights violations, pursuantto Mass. Gen. L. c. 12 §1II, against
two providers ofhealth care employed by ServiceNet, Inc. ("ServiceNet"), acorporate

provider ofresidential services to intellectually disabled persons in the Commonwealth of
Massachusetts.

2.

The action is brou^t on behalfofKathleen M. Murphy ("Ms. Murph/'),

an adult female with severe intellectual disabilities. Her intellectual functioning isat

roughly the level ofasix-year-old, and she is unable to adequately communicate her
medical needs, making her all the more vulnerable to abuse, neglect, and medical
malpractice.

3.

This action charges JanetCremins ("Nurse Cremins")» a registered nurse

employed by ServiceNet and licensed by the Commonwealth, with malpractice based on,
•vwthout limitation, her admitted failure to monitor and treatMs. Murphy's extremely high

blood pressure readings, including readings sohigh as to indicate a hypertensive

emergency. This flagrant negligence caused Ms. Murphy great medical harm, mcluding

potentially serious damage tohervasculature and organs, aswell asdiminished life
expectancy.

4.

This actionalso seeks relieffor psychological malpractice against Claire

Kuhn, Ph.D. ("Dr. Kuhn"), a licensed psychologist charged with providing behavioral

and psychological care for Ms. Murphy. Under Dr. Kuhn's care, Ms. Muiphy was ina
grave state ofbehavioral and psychological crisis, causing her to engage inpurposeful
incontinence as a means of demonstrating her untreated psychological sufferingto

ServiceNet employees, including direct care workers. Among other things, Ms. Muiphy
smeared herfeces onthewalls of herroom as a means of seeking help andattention, and
wasthen leftto lie in her ownwasteby ServiceNet employees including direct care

workers. Dr. Kuhn, who deliberately disregarded Ms. Murphy's suffering, was in gross
dereliction of herduties to monitor and treat Ms. Murphy's behavioral and psychological

needs, which caused Ms. Murphy severe physical and emotional harm.
5.

Dr. Kuhn's conduct amounted to willful indifference thatinterfered with

Ms. Murphy's Constitutional right to bodily integrity, wth the result that Ms. Murphy
remained confined in a hazardous environment where herConstitutional and statutory

rights were being violated. Dr. Kuhn is therefore also charged with intimidation and

coercion that interfered withMs.Murphy's rights withinthe meaning of Mass. Gen. L. c.
12§11H.
PARTIES

6.

KathleenM. Murphy ("Ms. Murphy"),on whose behalf this suit is

brought, is a 63-year-old female with severe intellectual disabilities and is a resident of
the Commonwealth of Massachusetts.

7.

PlaintiffPatriciaA. Murphy, VMD ("Dr. PatriciaMurphy") is a lawfully

appointed guardian ofKathleen Murphy, and isa resident ofthe State ofNorth Carolina.
8.

PlaintiffKevin F. Murphy ("Kevin Murphy") is a lawfully appointed

guardian ofKathleen Murphy, and is a resident ofthe Commonwealth ofMassachusetts.

(Dr. Patricia Murphy and Kevin Murphy are referred to collectively as'Hhe Guardians.")
9.

Defendant Janet Cremins, RN ("NurseCremins"), uponinformation and

belief, is duly licensed asa registered nurse by the Commonwealth ofMassachusetts and
is a resident ofthe Commonwealth ofMassachusetts.

10.

Upon information and belief, atallrelevant times Nurse Cremins was an

employee and/or anindependent contractor ofServiceNet.
11.

Defendant Claire Kuhn, Ph.D.("Dr. Kuhn")is, uponinformation and

belief, a psychologist licensed by the Commonwealth ofMassachusetts.

12.

Upon information and belief, atall relevant times Dr. Kuhn was an

employee and/or anindependent contractor ofServiceNet.

.TURISDICTION AND VENUE

13.

This Court hasjurisdiction over this matter pursuant to Mass. Gen. L. c.

231 §60B, and venue is proper inHampshire County pursuant toMass. Gen. L. c.223A
§8 asServiceNet has a principal place of business inNorthampton, MA.
FACTUAL AVERMENTS

14.

Ms. Murphy suffers from severe intellectual disabilities.

15.

Her intellectual functioning is at roughly the levelof a six-year-old.

16.

In 1995, her I.Q. was recorded as 48.

17.

She can communicate verbally at a basic levelbut cannotreadand cannot

care for herself, requiring assistance with many ofthe activities of daily living.

18.

Ms. Murphy formerly resided ata group home owned and operated by

ServiceNet, first at Lynch Drive inHolyoke, MA and then at Jacob Street in Chicopee,

MA. (The Chicopee. group home is referred to herein as "the Group Home"). Overall,
she resided at a ServiceNet group home from February 2009 through February 2014.

19.

Ms. Muiphy lived atthe Group Home with three other female residents.

Nurse Cremins was responsible for the nursing care ofthese individuals, including Ms.

Murphy, and Dr. Kukn was responsible for their psychological and behavioral care
including treatmentplans.

20.

Dr. Patricia Mmphy has reviewed various documents concerning Ms.

Murphy's care maintained as business records by ServiceNet in the ordinary course of
business. These include shift notes, weekly data sheets, weekly activities logs,

medication administration records, and other documents relating to Ms. Murphy's
treatment and care at the Group Home.

21.

The documents reviewed by Dr. Patricia Murphydemonstrate that,

without limitation, Nurse- Cremins andDr. Kuhn committed acts of negligence

constituting malpractice intheprovision ofnursing and psychological care, respectively,
and that Ms. Murphy suffered severe physical and emotional harm thereby.
22.

Other facts relevant to this matter, as set forth below, further demonstrate

thatNurse Cremins and Dr. Kuhn committed actsof negligence constituting malpractice

in the provision ofnursing and psychological care, respectively, and that Ms. Murphy
suffered severe physical andemotional harm thereby.
I.

23.

Conduct of Nurse Cremins Towards Ms. Murphy.

Nurse Cremins' dutiesfor ServiceNet, at all times relevantto this matter,

required her to provide nursing care for residents ofthe Group Home, including Ms.
Murphy.

24.

Nurse Cremins' duties also required her to monitor thehealth and

behavior ofresidents of theGroup Home, including Ms.Murphy.

25.

Nurse Cremins' duties included, without limitation, monitoring and

reviewing blood pressure readings taken for Ms. Murphy by ServiceNet employees,
including the direct careworkers.

26.

Again without limitation. Nurse Cremins' duties required her toundertake

periodic review ofthe medical records ofresidents ofthe Group Home, including Ms.
Murphy.

27.

Nurse Cremins' duties also required hertotake appropriate steps to

arrange for appropriate medical care for residents ofthe Group Home, including Ms.

Muiphy. These duties also included recommending appropriate diets fortheresidents
based on their individual medical conditions^

28.

NurseCremins negligently failedto perform theseduties, resulting in

severe harm to Ms. Murphy.

29.

Withoutlimitation, Nurse Creminsnegligently or recklessly failed to treat

Ms. Murphy for dangerously high blood pressure; failed to report high blood pressure

readings to the appropriate persons, including Ms. Murphy's Guardians; and failed to
arrange for additional appropriate treatment for Ms. Murphy.
30.

Without limitation, documents maintained by ServiceNet in the ordinary

courseof business establish that Nurse Cremins failed to treat Ms. Murphy for consistent

and dangerously high blood pressure that endured over more than ayear, including a full
blown "hypertensive crisis" that presented a riskofdeath.
31.

Without limitation. Nurse Cremins failed to monitor and reviewMs.

Murphy's blood pressure readings, with the result that Ms. Murphy's dangerously high
blood pressure went untreated.

32.

For example, on July 31,2013, readings taken by ServiceNet direct care

workers showed Ms. Murphy's blood pressure to be 186/128. This reading is set forth in
the data sheet attached hereto as Exhibit A, which was maintained by ServiceNet inthe

ordinary course ofbusiness, and reflects that Ms. Murphy's systolic pressure was 186 and
her diastolicpressure was 128.

33,

The systolic pressure is the measure ofwhen the heart contracts and

pushes blood through the vessels. The diastolic pressure is when the heart relaxes.

34.

Considering Ms. Muiphy*s family history of stroke and heart attack and

thefact that Ms. Murphy was already taking Lipitor (generic: atorvastatin) for high
cholesterol (which also leaves her athigh risk for stroke and heart attack), blood pressure
this high could have led toherdeath orpermanent disability.
35.

Additionally, this chronic high blood pressure that was leftuntreated for

an extended period oftime had the tendency to cause pennanent damage toMs.

Murphy's vasculature, heart, brain and/or kidneys which could lead to additional serious
problems in the future, including decreased life expectancy.

36.

Accordmg tothe standards followed by the American Heart Association

(AHA), ablood pressure reading of186/128 indicates a "hypertensive emergency"

requiring immediate medical treatment to avoid serious harm. (Information from the
website ofthe American Heart Association setting forth these standards and protocols
based onextensive clinical research isattached hereto asExhibit B.)

37.

The AHA states that "hypertensive emergency exists when blood pressure

reaches levels that are damaging organs. Hypertensive emergencies generally occur at

blood pressure levels exceeding 180 systolic OR 120 diastolic, but can occur at even
lower levels in patients whose blood pressure had not been previously high."
..38.

Insum, Ms. Murphy's blood pressure readings on July 31,2013 met not

only one but two independent criteria for a'liypertensive emergency."
39.

The shift notes and other documents maintained by ServiceNet further

demonstrate that, in addition to the aforementioned hypertensive crisis, Ms. Murphy's

weekly blood pressure readings had consistently been dangerously high for over ayear.

40.

Without limitation, Ms. Murphy's weeklyblood pressurereadings

demonstrate that over a period of more thanoneyear, shewas regularly in a stateof

either Stage 1 orStage 2 Hypertension as delSned bytheAHA.
41.

TheAHA recommends that people withthree readings above 140/90

should be examined bya physician and placed onmedications to lower theblood

pressure toavoid damage tothe body.

42.

On a great number ofoccasions, Ms. Murphy's readings exceeded this

AHA threshold, without any action being taken byNurse Cremins.

43.

Using February tlirough July 2013 asan example, Ms. Murphy had 23

weekly blood pressure readings during that 26-week period; 21 ofthe 23 readings were
above 140/90, and many were substantially higher, including one reading that rose above
the level ofa hypertensive crisis.

44.

Despite her access to Ms. Murphy's records, her obligation to review these

records, and her obligation to treat Ms. Murphy, Nurse Cremins did nothing whatsoever
to address Ms. Murphy's condition. Nurse Cremins did not provide any adequate
treatment for Ms. Murphy, did not arrange for any adequate treatment, and did not

adequately report any ofthis information to Ms. Murphy's primary care physicians, nor
to her Guardians.

45.

As aresult ofthese and other negligent acts by Nurse Cremins, Ms.

. Murphy has suffered and continues to suffer physical and emotional harm.
46.

In the context ofafederal court lawsuit by Ms. Murphy's Guardians

concerning violations ofMs. Murphy's civil rights. Nurse Cremins submitted to a

deposition. At this deposition, Nurse Cremins openly admitted her medical errors in,

without limitation, failing to ascertain thatMs. Murphy was suffering fromhighblood
pressure.

47.

At her aforementioned deposition, Nurse Cremins further admitted her

medical errors in, without limitation, failing to take appropriate actionto treat Ms.
Murphy's high bloodpressure.
n.

Conduct of Dr. Kuhn Towards Ms« Murphy.
A,

48.

Dr. Kuhn*s Psychological Malpractice.

Dr. Kuhn is licensed topractice as a psychologist by the Commonwealth

of Massachusetts.

49.

Upon information and belief. Dr. Kuhn's iscurrently employed bythe

Department ofDevelopmental services as a"Clinical Director/ Psychologist D/."
50.

Upon information and belief, atall times when Ms. Murphy was a resident

ofthe CJroup Home, Dr. Kuhn's title at ServiceNet was "Chief Clinical Director."

51.

Irrespective oftitle, atall times relevant to this matter. Dr. Kuhn was the

senior ServiceNet clinician charged with overseeing, monitoring, and treating the needs

ofresidents ofthe Group Home, including Ms. Murphy. Without limitation. Dr. Kuhn's

duties required her to monitor the behavior and psychological needs ofMs. Murphy;
review data concerning the behavioral and psychological needs ofMs. Murphy; and

provide for adequate behavioral and psychological treatment for Ms. Murphy, including
treatment plans.

52.

The Guardians have learned, via their review ofshift notes created

contemporaneously by ServiceNet direct care workers and maintained by ServiceNet in

the ordinaiy course ofbusiness, that Ms. Murphy was suffering severe neglect atthe

Group Home, including physical and psychological distress caused by Dr. Kuhn.
53.

Forexample, shift notes demonstrate thatat numerous points throughout

2013, Ms. Murphy was ina grave state ofbehavioral and medical distress. Ms. Murphy

frequently urinated and defecated on herself and smeared feces on the walls ofher room,
allinaneffort to gettheattention ofstaffwho were ignoring her physical and emotional
suffering.

54.

Forexample, theshift notes of July 29,2013, 11 p.m. state that"KM was

inherroom laying onherbed, full ofBM and was wetfrom head totoe." (Upon
information and belief, "BM" refers to "bowelmovement.")

55.

Further, asdemonstrated bytheshift notes dated 7a,m. of July 30,2013,

Ms. Murphy was lying inabed full ofurine. She also indicated to staffthat, according to
the notes, "her head was spinning and herstomach hurt her."

56.

Ms. Murphy was also essentially confmed inthe home, receiving minimal

outside stimulation.

57.

For example, the shift notes directly quote Ms. Muiphy as calling the

Group Home "an abuse house" and stating that she was engaging in purposeful
incontinence because"I don't get a [day] program."

58.

A"day program" would have allowed Ms. Muiphy to undertake daily

activities outside of the home.

59.

Dr. Kuhn, among her many acts ofdeliberate indifference to Ms.

Murphy's psychological well-being, failed to recommend or take any action to have Ms.

10

Muiphy enrolled ina day program, or to experience reasonable time outside of the Group
Home.

60.

Again without limitation, theshift notes quote Ms. Muiphy as stating that

she was urinating on herself "because Pm mad," demonstrating thatshewas engaged in

purposeful incontinence to draw attention to the neglect ofher physical and psychological
needs.

61.

In sum, during Ms. Murphy's residency withServiceNet, shewas in an

ongoing state ofbehavioral and psychological crisis that caused her to engage in

purposeful incontinence and other self-injurious behavior, as well as caused severe
emotional distress that manifested itselfphysically by contributing to her highblood
pressure.

62.

Dr. Kuhn negligently and with deliberate indifference to herdudes failed

to monitor Ms. Murphy's behavioral and psychological health, thus causing Ms. Murphy

to suffer physical and emotional distress, which manifested itself in purposeful
incontinence and other self-injurious behavior, as well as contributing to her high blood
pressure.

63.

Without limitation, Dr. Kuhn negligently failed to take reasonable steps to

review available data concerning Ms. Murphy's behavioral and psychological health,

including shift notes created by direct care workers, thus causing Ms. Murphy to suffer
physical andemotional distress.

64.

Again without limitation. Dr. Kuhn, despite receiving reports from other

ServiceNet personnel concerning problems with Ms. Murphy's behavioral and

psychological health, negligently and with deliberate indifference to her duties failed to

11

take reasonable steps totreat Ms. Murphy or toarrange for appropriate treatment for Ms.
Murphy, thus causing her to suffer physical and emotional distress.
65.

Dr. Kuhn also regularly received data concerning, without limitation, Ms.

Murphy's rampant incontinence. Despite receiving this data, Dr. Kuhn negligently and
with deliberate indifference to herduties failed to take reasonable steps totreat Ms.

Murphy or to arrange for appropriate treatment for Ms. Murphy, thus causing Ms.
Murphy tosuffer physical and emotional distress.
66.

Dr. Kuhn also received reports from officials ofDDS concerning

problems with Ms. Murphy's behavioral and psychological health. Dr. Kuhn again
negligently and with deliberate indifference to her duties failed to take reasonable steps to
treat Ms. Murphy or to arrange for appropriate treatment for Ms. Murphy, thus causing
Ms. Murphy to suffer physical and emotional distress.

67.

Without limitation. Dr. Kuhn was notified that Ms. Murphy was in such a

state of behavioral distress that she was smearing her own feces on the walls ofher room
the Group Home.

68.

In fact. Dr. Kuhn was aware that Ms. Murphy wiping her feces on the

walls was acommon occurrence, but did nothing at all to address Ms. Murphy s
psychological and behavioral distress.

69.

Other specific instances ofMs. Murphy's psychological and behavioral

suffering were brought to Dr. Kuhn's attention, including shift notes documenting Ms.
Murphy's distress. Again, Dr. Kuhn did nothing whatsoever to address Ms. Murphy's
psychological and behavioral distress.

12

70.

Without limitation, Dr. Kuhn was notified by DDS officials that Ms.

Murphy was manifesting other signs ofbehavioral and psychological distress, such as
breaking her own eyeglasses within aweek ofreceiving new ones. She broke dozens of

pair ofeyeglasses out offrustration and often went weeks at atime without her necessary
eyewear while waiting for them to be repaired or replaced.
71.

Despite being so notified, Dr. Kuhn failed to take any reasonable steps to

address Ms. Murphy's psychological and behavioral suffering, and in fact did nothing at
all to treat or care for Ms. Murphy.

72.

Again without limitation, Dr. Kuhn's failure to monitor and treat Ms.

Murphy resulted in Ms. Murphy receiving an inappropriate and excessive regime of
psychotropic drugs. As aresult, Ms. Murphy experienced severe side effects, causmg her
further physical and emotional harm.

73.

Dr. Kuhn's conduct as described more fully above constituted malpractice

in the provision ofpsychological care, and Ms. Murphy suffered severe harm as aresult.
74.

Dr. Kuhn's conduct as described more fully above also constituted

deliberate indifference and/or willful disregard ofMs. Murphy's right to bodily integrity

as guaranteed by the 14'^ Amendment ofthe United States Constitution and the analogous
provisions ofthe Massachusetts Declaration ofRights. Her conduct therefore mterfered
with Ms. Murphy's rights by means ofintimidation and coercion witiiin the meaning of
the Massachusetts Civil Rights Act, Mass. Gen. L. c. 12 §1IH.

75.

As aresult ofDr. Kuhn's deliberate indifference and/or willful disregard

ofMs. Murphy's Constitutional rights, and her interference with Ms. Murphy's rights by

13

means ofintimidation and coercion, Ms. Murphy suffered violations ofher Constitutional

right to bodily integrity as described more fully herein.
76.

As aresult ofDr. Kuhn*s violations ofher Constitutional rights, Ms.

Murphy suffered severe physical and emotional distress.
COUNTI

(Nursing Malpractice Against JanetCremins)

77.

Plaintiffs restate and reincorporate by reference each and every allegation

stated in paragraphs 1-76 above.

78.

Nurse Cremins isa"provider ofhealth care" within the meaning ofMass.

Gen, L. c, 231 § 60B.

79.

As set forth in more detail above. Nurse Cremins was negligent inher care

and treatment ofMs. Murphy in that she failed to care for and treat Ms. Murphy in

accordance with the standard ofcare and skill required ofand ordinarily exercised by the
average qualified licensed registered nurse in Massachusetts.
80.

As set forth in more detail above, Nurse Cremins was negligent in

monitoring and treating Ms. Murphy's chronically high blood pressure, including
readings indicating a hypertensive emergency.

81.

As adirect and or proximate result ofthe negligence ofNurse Cremins,

Ms. Murphy has suffered injuries and harm including, without limitation, damage to her
vasculature system, heart and kidneys, and alikelihood ofdimimshed life expectancy.

14

COUNT II

(Psychological Malpractice Against Claire Kuhn, Ph,D.)
82.

Plaintiffs restate and reincoiporate byreference each andevery allegation

stated in paragraphs 1-81 above.

83.

Dr, Kuhn isa "provider ofhealth care" within the meaning ofMass. Gen.

L. c. 231 § 60B.

84.

As set forth inmore detail above, Dr. Kuhn failed to care for and treat Ms.

Murphy in accordance with the standard ofcare and skill required ofand ordinarily
exercised by the average qualified psychologist in Massachusetts.
85.

As described more fully above. Dr. Kuhn was negligent in, without

limitation, monitormg the behavior and psychological needs,ofMs. Murphy; reviewing

data concerning the behavioral and psychological needs ofMs. Murphy; and providing
for adequate behavioral and psychological treatment for Ms. Murphy.
86.

As adirect and proximate result ofthe negligence ofDr. Kuhn, Ms.

Murphy experienced tremendous physical and emotional suffering, as set forth more fiilly
above.
COUNT III

(Violations ofMass. Gen. L. c. 12 §111 Against Claire Kuhn, Ph.D.)
87.

Plaintiffs restate and reincorporate by reference each and every allegation

stated in paragraphs 1-86 above.

88.

Mass. Gen. L. c. 12, §111, the Massachusetts Civil Rights Act, provides

that "[a]ny person whose exercise or enjoyment ofrights secured by the constitution or
laws ofthe United States, or ofrights secured by the constitution or laws of the

commonwealth, has been interfered with, or attempted to be interfered with, as described

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in section 1IH, may institute and prosecute inhis own name and on his own behalfa civil
action for injunctive and other appropriate equitable relief as provided for in said section,
including the award ofcompensatory money damages."

89.

The abuse and neglect Ms. Murphy suffered atthe Group Home violated

her right to bodily integrity as guaranteed by the 14"' Amendment ofthe U.S.
Constitution as well the analogous provisions ofMassachusetts Declaration ofRights.
90.

As set forth in more detail above. Dr. Kuhn's conduct rose to the level of

deliberate and willful indifference to Ms. Murphy's Constitutional right to bodily
integrity.

91.

Dr. Kuhn's willful and deliberate mdifference to Ms. Murphy's

Constitutional ri^tsinterfered with those rights by means ofintimidation and coercion.
92.

As aresult ofDr. Kuhn's violations ofMs. Murphy's civil rights, Ms.

Murphy suffered tremendous physical and emotional harm, as set forth in more detail
above.

WHEREFORE, Plaintiffs respectfully request that this Court:
a.

Enter an award ofdamages against Janet Cremins based on her
malpractice inthe provision ofnursing care;

b.

Enter an award ofdamages against Claire Kuhn, Ph.D. based on her
malpractice in the provision ofpsychological care;

c

Enter an award ofcompensatory damages, as well as attorneys' fees,

against Claire Kuhn, Ph.D. pursuantto the Massachusetts CivU Rights
Act, or any other available provision oflaw; and

d.

Award the Plaintiffs such other relief as this Court deems just, equitable
and appropriate.

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