Cederberg v. Legacy Health

NICHOLAS CEDERBERG and HAYLEY SHELTON, Plaintiffs, v. LEGACY HEALTH, an Oregon corporation,and LEGACY MERIDIAN PARK HOSPITAL, an Oregon corporation, Defendants.

No. 3:18-cv-02044-HZ

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

September 28, 2020

OPINION & ORDER

David D. Park

ELLIOT & PARK, P.C.

324 S. Abernethy Street

Portland, Oregon 97239-4356

Nelson R. Hall

BENNETT HARTMAN MORRIS

210 SW Morrison Street, Suite 500

Portland, OR 97204

Attorneys for Plaintiff

Peter O. Tuenge

Jamie Edward Valentine

KEATING JONES HUGHES PC

200 SW Market Street, Suite 900

Portland, Oregon 97201-5730

Attorneys for Defendant

HERNÁNDEZ, District Judge:

Plaintiffs Nicholas Cederberg and Hayley Shelton bring this medical negligence action against Defendants Legacy Health and Legacy Meridian Park Hospital. Currently before the Court are Defendants' Motion for Summary Judgment [ECF 55] and Plaintiffs' Motion for Leave to File a Second Amended Complaint [ECF 78]. The Court grants both motions.

BACKGROUND

As a preliminary matter, the Court accepts the proposed Second Amended Complaint ("SAC") as the operative pleading because the amendments simply "clarify" Plaintiffs' theory of liability and "do not give rise to the need for additional fact discovery nor otherwise prejudice" Defendants. Pls.' Mot. SAC 3-4, ECF 78. Plaintiffs assert Defendants' liability arises from two sources: (1) "the institutional or organizational negligence resulting from [D]efendants' failure to adopt policies and protocols and institute training specific to identification of domestic violent perpetrator patients and properly assess the homicidal and suicidal risks of that particular subset of mental health patients"; and (2) "respondeat superior liability for the negligence of its employees Hammond and Nazemi." Id. Plaintiffs raised the same negligence theories and made the same factual assertions in their Response [ECF 68] to Defendants' summary judgment motion, which Defendants responded to in their Reply [ECF 73]. The Court finds further briefing is unnecessary because Plaintiffs' amended allegations concern the same general conduct as their previous pleadings—Defendants' failure to admit James Tylka, Jr. ("Tylka") for involuntarypsychiatric treatment. The amended pleadings do not change the underlying analysis or ultimate disposition of this case. The Court will therefore resolve Defendants' arguments for summary judgment in light of the claims alleged in the SAC.

Plaintiffs Nicholas Cederberg ("Cederberg") and Hayley Shelton are husband and wife. At all times relevant, Cederberg was employed as a Trooper with the Oregon State Police. The tragic events giving rise to this action took place on the night of December 25, 2016, when Tylka killed his estranged wife Katelynn Tylka ("Katelynn") with a handgun, and less than an hour later shot Cederberg 12 times, causing him life threatening and permanently disabling injuries. Almost a month before that fatal Christmas night, Defendants Legacy Health and Legacy Meridian Park Hospital, acting through their employees, determined Tylka did not meet the criteria to be admitted for involuntary mental health treatment. The relevant details follow.

On the morning of November 29, 2016, Katelynn called 9-1-1 to report her estranged husband, Tylka, was sending death threats and harassing her over the telephone. A Washington County Sheriff's Deputy investigated the call but did not arrest Tylka. Later that night, Katelynn drove Tylka to Legacy Meridian Park Hospital because he was threatening to commit suicide. Park Decl., Ex. 1, at 5, ECF 69-1. Tylka, a type-1 diabetic, stated his plan was to overdose on his insulin. Id. Katelynn informed the triage physician, Dr. Lee, that she recently told Tylka she was "seeing someone else and that exacerbated things." Id. She reported Tylka's threats from earlier in the day but noted that she did "not feel threatened currently." Id. Dr. Lee recommended Tylka stay at the hospital overnight so he could talk to a social worker in the morning, but he declined. Id. at 7. After having a discussion with Tylka, his mother, and Katelynn, Dr. Lee discharged Tylka home to his mother's care. Id. at 7-8.

The following day, November 30, 2016, Katelynn called 9-1-1 at 9:21 p.m. to report that Tylka had injected himself with a lethal dose of insulin in her presence. Park Decl. Ex. 3, ECF 69-3. Tylka was transported by ambulance to Legacy Meridian Park Hospital. First Valentine Decl., Ex. 1, at 6-7, ECF 56-1. King City Police Officer Brian Siglor faxed a peace officer's hold form to the hospital which stated, in relevant part: "James Tylka purposely overdosed on insulin. He stated that he is depressed and suicidal. James purchased two knives that he said were to murder his wife and child and then to kill himself. He said he was going to slit his wife's throat." Id. at 77. Tylka was admitted to the intensive care unit to treat his insulin overdose. Id. at 6-23.

The next day, December 1, 2016, Sharon Hammond, PMHNP ("NP Hammond") conducted a psychological assessment of Tylka. Id. at 24-28. She concluded that Tylka was no longer suicidal and did not meet the criteria for an involuntary hold. Id. at 28. David Nazemi, MD, discharged Tylka that afternoon with plans for follow-up care. Id. at 16-17.

In the weeks following Tylka's discharge from the hospital, he was terminated from his job on December 16th. Second Valentine Decl., Ex. 9, ECF 74-7. He failed to attend follow-up appointments scheduled for December 14th and 19th. Id. at Ex. 8, ECF 74-6; First Valentine Decl., Ex. 2, at 19-20, ECF 56-2. And on December 24th, Tylka illegally purchased the gun he used to kill Katelynn and shoot Cederberg with the next day. Second Valentine Decl., Ex. 10, ECF 74-8.

In the early hours of December 25, 2016, Katelynn and Tylka agreed over text message to file for divorce two days later. Id. at Ex. 12, ECF 74-10. That afternoon, around 4 p.m., Tylka got into an argument with his ex-wife and her partner while exchanging custody of their son. Id. at Ex. 7, at 3, ECF 74-5. His ex-wife's partner grabbed him by the collar during the altercation. Id. Later that night, Katelynn met Tylka at his parents' home in King City, Oregon to drop offtheir 11-month-old daughter before heading into work. Id. at Ex. 11, at 9, ECF 74-9. At approximately 10:15 p.m., Tylka shot and killed Katelynn in the driveway of his parents' home and fled the scene in his car. Id. at 2. Approximately 30 minutes later, Cederberg spotted Tylka's vehicle and began pursuing him. Id. at 2-3. Tylka initiated a gunfight from his vehicle and shot Cederberg 12 times. Law enforcement officers responded to Cederberg's location where they found him severely injured and rendered aid. Id. at 3. Tylka was subsequently killed at the scene. Id.

Plaintiffs filed this action on November 26, 2018. In their sole claim for medical negligence, Plaintiffs allege Defendants, directly and acting through their employees NP Hammond and Dr. Nazemi, unreasonably created a foreseeable risk that Tylka would commit future acts of domestic violence and were negligent in one or more of the following particulars:

(a) In failing to properly or adequately assess Tylka for risks of harm to self and others;

(b) In failing to obtain a qualified second opinion concerning Tylka's risk of harm to self and others;

(c) In failing to issue a Notice of Mental Illness for Tylka and/or place Tylka on a physician's hold;

(d) In failing to treat Tylka's mental illness;

(e) In failing to develop and prescribe an adequate plan for disposition and discharge of Tylka;

(f) In discharging Tylka from Legacy Meridian Park Hospital without an adequate and proper follow-up care plan;

(g) In failing to adopt and institute policies, standards, protocols and instruments for identification of patients who are domestic violence perpetrators;

(h) In failing to train physicians, nurses and staff in the identification of patients who are or may be domestic violence perpetrators;(i) In failing to adopt and institute policies, standards, protocols and instruments for screening and assessment of patients who present with suicidal and/or homicidal ideation, threats and risks within the context of a domestic violence incident; and

(j) In failing to train physicians, nurses and staff in the screening and assessment of patients who present with suicidal and homicidal ideation, threats and risks within the context of a domestic violence incident.

SAC ¶ 53.

STANDARDS

Summary judgment is appropriate if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). The moving party bears the initial responsibility of informing the court of the basis of its motion, and identifying those portions of "'the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting former Fed. R. Civ. P. 56(c)).

Once the moving party meets its initial burden of demonstrating the absence of a genuine issue of material fact, the burden then shifts to the nonmoving party to present "specific facts" showing a "genuine issue for trial." Fed. Trade Comm'n v. Stefanchik, 559 F.3d 924, 927-28 (9th Cir. 2009) (internal quotation marks omitted). The nonmoving party must go beyond the pleadings and designate facts showing an issue for trial. Bias v. Moynihan, 508 F.3d 1212, 1218 (9th Cir. 2007) (citing Celotex, 477 U.S. at 324).

The substantive law governing a claim determines whether a fact is material. Suever v. Connell, 579 F.3d 1047, 1056 (9th Cir. 2009). The Court draws inferences from the facts in the light most favorable to the nonmoving party. Earl v. Nielsen Media Research, Inc., 658 F.3d 1108, 1112 (9th Cir. 2011). If the factual context makes the nonmoving party's claim as to theexistence of a material...