Updated Saturday, February 17, 2007
LOCAL NEWS
Lawsuit filed against Jackson, Marian Medical Center
By Samantha Yale/Staff Writer
Pop star Michael Jackson and Marian Medical Center have been sued by the family of a Santa Maria woman who died at the hospital in February 2005, shortly after she was transported from a two-bed trauma room to make room for the entertainer.
The civil complaint, filed Thursday in Santa Barbara County Superior Court in Santa Maria on the two-year anniversary of the death of 73-year-old Manuela Gomez Ruiz, alleges abuse of celebrity status.
It blames Marian Medical Center and Jackson for the “outrageous, circus-like atmosphere they orchestrated during the last hours of Manuela Ruiz's life and its obvious emotional and mental lasting effects upon the plaintiffs.”
The plaintiffs, mostly children of Ruiz, are seeking undetermined damages. They allege intentional infliction of emotional distress, negligent infliction of emotional distress, elder abuse, false imprisonment and conspiracy on the part of Jackson, Marian Medical Center and Catholic Healthcare West, which owns the hospital.
Marian Medical Center said in a written statement that the suit appeared to be without merit.
“The most recent complaint appears to be another frivolous claim to generate publicity,” according to the statement.
The Medical center also expressed sympathy for the loss experienced by the Ruiz family:
“Patient care and safety is always our first priority at Marian. As such, we are confident the care provided to Mrs. Ruiz was exceptional.”
Hugh Spackman, the Santa Barbara-based attorney representing Marian in the case, said Friday, “Unfortunately, I can't comment about any of the facts underlying this suit.”
During his child-molestation trial two years ago, which ultimately resulted in his acquittal, Jackson was taken to Marian Feb. 15, 2005, complaining of flu-like symptoms.
The complaint alleges that due to what it called Marian's unspoken “VIP” policy for affording priority admission and prime accommodations to high-profile patients, Jackson was able to avoid court that day by basically “hijacking” the hospital under the guise that he suffered from a serious illness.
“Manuela Ruiz was dying,” according to the lawsuit filed by attorney James McKiernan of San Luis Obispo. “Michael Jackson was also dying ... but instead, dying not to go to court that day for his then-pending and highly publicized criminal trial for child molestation.”
Ruiz, who had suffered from a massive heart attack early that day, was placed in a two-bed trauma room, in a restricted area of the hospital, according to the plaintiffs.
Ruiz was admitted in critical condition and was put on life support.
Just after 8:30 a.m., “several nurses suddenly rushed into Manuela's room .... and without any explanation, hastily started unplugging the respiratory ventilator and disconnecting the other life support system machines that she was attached to,” the lawsuit alleges.
Informed that “a private patient” needed the room “to protect his privacy,” two of Ruiz's daughters complained that their mother was too critical to be moved.
The lawsuit asserts that neither Ruiz nor her daughters posed a “privacy risk” for Jackson, as they weren't in a state to pester him.
Ruiz, kept alive by hand-pumped oxygen, was slowly transported to an exam room with no medical equipment in it.
Life-support machines arrived at Ruiz's new room.
Ruiz had another heart attack, but milling crowds delayed her arrival at the critical-care unit, according to the complaint.
Ruiz died later that evening.
McKiernan said Friday that he initially discussed filing a wrongful-death lawsuit. However, after several experts reviewed records, McKiernan thought such an allegation would be difficult to prove.
“I think we should focus on the main problem, which would be the way everyone was treated,” he said.
McKiernan said the plaintiffs will let a jury decide the amount of damages owed based on the merits of the case.
The attorney said the plaintiffs waited to file the lawsuit so it could be viewed objectively, removed from other suits Jackson was facing.
“The primary reason was the family didn't want to jump on the Michael Jackson bashing-boat,” McKiernan said.
The attorney who McKiernan said is representing Michael Jackson in the case, Santa Fe Springs-based Brian Oxman, did not return a phone call Friday afternoon.
A woman who has served as Jackson's spokesperson, Raymone Bain, could not be reached for comment Friday afternoon.
McKiernan said Friday there were no court dates set in the case.
Samantha Yale can be reached at 739-2159 or syale@santa
mariatimes.com.
Feb. 17, 2007
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