IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
JUSTIN WILLIAM KING, )
)
Plaintiff, )
) CASE NO. 1234567 (05)
)
VS. )
) Judge Frank P. Luis
)
PAXTON MEDICAL CENTER AND ITS )
DOCTORS, SURGEONS, AND NURSES, )
)
)
Defendants. )
)
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSE TO
PLAINTIFF’S COMPLAINT
COMES NOW, the Defendant’s PAXTON MEDICAL CENTER, AND ITS DOCTORS, SURGEONS, AND NURSES, (“PAXTON, ET AL.”) by and through their attorneys of record, PETE & REPEAT law firm, and, in response to each paragraph thereof, states:
I.
DEFENDANT’S ANSWERS TO PLAINTIFF’S ALLEGATIONS
1. The allegations of paragraph 1 are admitted. The defendant’s admit the plaintiff was and is resident of the County of Jackson, State of Missouri.
2. The allegations of paragraph 2 are denied. The defendant’s deny that the cause of action took place in Ford County, Illinois.
3. The allegations of paragraph 3 are admitted. The defendant’s admit that this is an action for damages in excess of the jurisdictional limits of this court.
4. The allegations of paragraph 4 are admitted. The defendant’s admit that Paxton medical Center and medical staff including doctors, surgeons, and nurses was and is located in the County of Ford, State of Illinois.
5. The allegations of paragraph 5 are denied. The defendant’s deny that this cause of action took place in Ford County, Illinois.
6. The allegations of paragraph 6 are admitted. The defendant’s admit that that this is an action for damages in excess of the minimal jurisdictional limits of this court.
7. The allegations in paragraph 7 are admitted. The defendant’s admits that the plaintiff was a patient in Paxton Medical Center and was treated by the medical staff of Paxton Medical Center, including doctors, surgeons, and nurses.
8. The allegations in paragraph 8 are admitted. The defendant’s admit that Paxton Medical Center, including doctors, surgeons, and nurses is a county hospital located in Paxton, Illinois in the County of Ford, State of Illinois.
9. The allegations in paragraph 9 are admitted. The defendant’s admit that on April 5, 2001, at about the hour of 6:00p.m., the plaintiff was brought unconscious to Paxton Medical Center by ambulance and was admitted to the hospital with nine fractured bones. The defendant’s admit that the doctors at Paxton Medical Center used a newly accepted technique to secure and reset plaintiff’s facial bones in order to allow his bones to heal in place, and that the Doctors wired the plaintiff’s jaw shut with metal wires. The defendant’s admit that the plaintiff became agitated and upset with the wires holding his mouth shut, and a Doctor administered a strong sedative to plaintiff and have the hospital staff handcuff plaintiff’s wrists to his hospital bed.
10. The allegations of paragraph 10 are denied. The defendant’s specifically deny the allegations of gross negligence and wanton disregard for the safety and care of plaintiff while in the care of Paxton Medical Center, et al., as the alleged cause of considerable harm to plaintiff’s facial appearance, medical condition, and mental health.
11. The allegations in paragraph 11 are denied. The defendant’s specifically deny the allegation of intentional and unprofessional medical conduct not meeting the standard of professional competence which the resulted in plaintiff’s facial disfigurement.
12. The allegations in paragraph 12 are denied. The defendant’s specifically deny the allegation of heedless and reckless disregard for the rights of the plaintiff. The defendant’s specifically deny the allegation that detaining and handcuffing plaintiff to his hospital bed caused him to suffer extreme emotional distress, and, pain, and suffering.
13. The allegations in paragraph 13 are denied. The defendant’s specifically deny said gross negligence, medical malpractice, and false imprisonment as a proximate result thereof. The defendant’s specifically deny damages consisting of, but not limited to: his mental health, state of mind, permanent disfigurement of his face, and limited use of his jaws. The defendant’s specifically deny that the damages have affected his singing voice, allegedly caused and continue to cause him great mental and physical pain and suffering. The defendant’s specifically deny general damages in an amount in excess of $1,000,000.00.
14. The allegations in paragraph 14 are denied. The defendant’s specifically deny substantial expenses in excess of $245,000.00.
15. The defendant’s are without sufficient knowledge or information upon which to form a belief about the allegations of paragraph 15.
16. The allegations in paragraph 16 are denied. The defendant’s specifically deny the alleged direct and proximate result of gross negligence and punitive damages in the amount of $2,000,000.00.
II.
AFFIRMATIVE DEFENSE
Further the defendant’s assert the following defense and states:
17. The defendant’s allege, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure that the plaintiff’s complaint fails to state a claim against the defendant’s upon which relief can be granted for the following reason:
18. The plaintiff alleges his cause of action occurred on April 5, 2001. The plaintiff filed his complaint on April 10, 2005. The defendant’s allege that the plaintiffs right to maintain this action is time-barred under the two year statute of limitations for personal injury actions set forth in 735 ILCS 5/13-202.
WHEREFORE, the Defendant’s PAXTON MEDICAL CENTER, ET AL. having answered each and every allegation in the Complaint, demands that it be dismissed with costs adjudged against the Plaintiff.
RESPECTIVELY SUMBITTED this 12 April 2005.
