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Lawsuit sealed in girl's death
November 26, 2008
By Bill Estep
bestep@herald-leader.com
COLUMBIA — A judge has sealed a
court case that alleged a treatment center for troubled teen girls
was poorly run and that after a resident committed suicide by
running in front of a car, a supervisor falsified a report about the
death.
The lawsuit against Spectrum Care
Academy Inc. in Adair County was settled confidentially in October.
Soon after, Spectrum asked Circuit Judge James G. Weddle to seal the
file.
At a hearing Tuesday, Spectrum's
attorney, Michael A. Goforth, told Weddle the file contains details
that should not be publicly available, such as financial information
and names of young patients.
Stephen L. Hixson, the attorney for
the estate of the dead girl, responded that the public has the right
to see the file, but Weddle said he would seal it.
When Hixson asked to make
additional arguments, Weddle cut him off. His voice raised, he told
Hixson to put his claims in writing or appeal.
"I've heard all I'm going to hear
today, thank you," Weddle said.
Later, Hixson said he didn't think
Spectrum Academy's reasons for wanting the file closed were
sufficient. In a proper hearing, he would have been allowed to
present facts and legal arguments, Hixson said.
The case involves the death of
LaKeesha Cline, a 16-year-old girl with mental and emotional
problems, including bipolar disorder and a history of suicide
attempts.
She was being treated in 2004 at
Spectrum Care, a psychiatric residential treatment facility.
Troubled young people can stay for
months to receive specialized care in those facilities. There are
currently 17 facilities in the state; Spectrum Care was for girls 13
to 17, the lawsuit said.
On Nov. 12, 2004, LaKeesha broke
away from staff members walking with her and other girls and ran
toward KY 55, according to the lawsuit.
A staff member chased her, but
LaKeesha, ran into traffic. Two vehicles hit her, the second one
dragging her a short distance; she died of massive injuries,
according to the coroner's report.
Her mother and grandmother sued
Spectrum Care and its owner, Ben A. Arnold. The Herald-Leader
reviewed the file before Weddle ordered it closed Tuesday.
The lawsuit alleged that, if
Spectrum Care had handled LaKeesha properly, she wouldn't have been
at the facility on Nov. 12, but rather hospitalized in a secure
psychiatric ward.
LaKeesha had tried to kill herself
two days earlier by running in front of a vehicle that narrowly
missed her, the lawsuit said, and should have been hospitalized.
One reason she wasn't hospitalized,
the suit charged, is that Arnold had promised a Spectrum Care
supervisor, Brandy Hancock, a bonus for keeping the beds full at the
facility, which would increase state reimbursements.
The lawsuit claimed that was a
conflict of interest for Hancock, who, as clinical director, made
decisions on treatment.
It also alleged that someone at
Spectrum altered the report on LaKeesha's first attempt to run into
traffic to make it seem like a runaway attempt so it would not
appear she should have been hospitalized. LaKeesha was scheduled to
be released twice before her death, but Spectrum Care canceled her
release because there was no patient lined up to fill that bed, the
lawsuit charged.
Arnold said in a deposition that
financial considerations had nothing to do with keeping LaKeesha at
Spectrum Care because there was a waiting list for the facility.
Hancock said in a deposition that
she didn't think LaKeesha was trying to kill herself, but was run
over accidentally while trying to run away.
Arnold and his companies did not
admit any liability or responsibility in the case, Goforth said.
Hixson's clients may appeal
Weddle's order to seal the case file because they believe the public
should be able to see it if there is another incident at Spectrum,
Hixson said.
The case points up larger problems
with state regulation of such facilities. One is that state law does
not require them to carry liability insurance, Hixson said in a
letter to Janie Miller, secretary of the state Cabinet for Health
and Family Services.
LaKeesha's survivors got less than
half the amount they could have expected if Spectrum Care had had
liability insurance, Hixson told Miller.
Vikki Franklin, a spokeswoman for
the cabinet, said officials are discussing the issues Hixson raised.
© 2008 Kentucky.com and wire
service sources. All Rights Reserved.
http://www.kentucky.com
Original article:
http://www.kentucky.com/news/state/v-print/story/605999.html
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