The judge allows the child molestation lawsuit against the US Department of Health
US District Judge Lance Walker recently announced a lawsuit against the US Department of Health for child molestation.
Earlier this week, a federal judge announced a lawsuit by an Orono mother. The mother, Alexandria Orduna, filed a lawsuit against the US Department of Health last June after her ex-boyfriend allegedly injured her baby and the child’s health care providers allegedly “did not tell her about the signs of abuse.” As a result, Orduna demands “payment for ongoing medical care for the 2½-year-old”.
Seal of the Ministry of Health and Human Services; Image courtesy of the US Government via Wikimedia Commons
As early as January 10, 2019, Orduna’s blind son suffered “brain injuries as a result of a fractured skull allegedly caused by Cyree Hansley, 26, from North Carolina,” according to court documents. To make matters worse, the lawsuit alleges “medical personnel at Brewer Medical Center did not tell her about any signs of abuse … and that medical providers failed to report the alleged abuse to Maine law enforcement agencies.”
U.S. assistant attorney Ashley Eiler, who represents the federal DHHS, defended the claims and recently filed a motion to dismiss the complaint. She argued, “A private health care provider cannot be held liable in a medical malpractice litigation for failing to report suspected child abuse to the authorities.” Eiler added, “Maine law does not require medical personnel to protect a patient from harm by third parties – in this case, Orduna’s ex-boyfriend.”
Fortunately for Orduna, US District Judge Lance Walker denied the motion, saying, “The crux of the lawsuit was a violation of the standard of medical care.” He added that in the early stages of litigation, he “accepts the conclusion that a normally competent provider might be guided by the duty to inform the parents of an underage child that a differential diagnosis involves physical abuse”.
Shortly after the judge’s decision, Orduna’s attorney Alexis Chardon said:
“Judge Walker is absolutely right that a very important standard of care that we claim is that the [physician’s assistant] Should have told Alex that child abuse was on their baby’s differential diagnosis list, especially if he presented in the clinic with unexplained bruises on both ears … If the PA had done this, Alex would have absolutely protected her baby from further abuse. “
What now? Now Orduna and her legal team just have to wait for the government to respond to their complaint. As for Hansely, criminal proceedings are pending against him. In May 2019, the grand jury charged him with two serious bodily harm and one assault on a child under 6 years of age. He is currently free on bail.
The judge lets the lawsuit go on, claiming the Brewer Clinic did not notify the mother of the baby’s abuse
Mother sued for clinic’s alleged failure to report signs of child abuse