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Douglas Kennedy Blasts Proposed Settlement

March letter called for payment to nurses, apology and possible garbage pick up.

Douglas Kennedy is hitting back against a proposed and failed settlement offered on behalf of the Northern Westchester Hospital nurses he is accused of getting into a January scuffle with over the handling of his newborn son.

"I do not fear picking up trash," he said.

The March 19 proposal, obtained by Patch and other media outlets, was written by attorney Elliot Taub, and suggested Kennedy plead guilty "to a violation of some charge..." which would be in exchange for the nurses, Cari Luciano and Anna Lane, dropping their criminal complaint. It would be coupled with a sentence of community service penalty. A suggested example was to have Kennedy pick up garbage in Mount Kisco or Chapqua "for at least two weeks."

Talking to Patch, Kennedy, who is a Chappaqua resident, added he fears more for "the loss of parental rights."

The terms of the settlement would have included a plea deal to a lesser offense, financial payments to the nurses and apologies from Kennedy, his lawyer and NWH CEO Joel Seligman. It would also contain a non-disparagement clause for all parties.

Attempts to reach Taub, Luciano and Lane were unsuccessful.

Kennedy, who is charged with child endangerment, has opted to go to trial, which he is set for on Oct. 22 in Mount Kisco Justice Court. He has not shown any interest in plea deal scenario.

The proposed settlement included nine terms, some of which were reported Wednesday by multiple media outlets, are the following

  1. A finding by NWH that federal privacy law (known as HIPPA) was not violated by any nurse "or any Maternal child health staff member of NWH."
  2. An apology by Kennedy on the Today Show, with Channel 4 reporter Jonathan Deinst moderating. Kennedy, udner the proposal, would admit to wrongdoing, that he violated hospital policy, twisted a nurse's arm during the scuffle and caused another nurse to be "airborne" after kicking her hard. 
  3. That Kennedy was "seeking a courtesy from staff to go around established hospital policy with the help of his personal friend," referencing Dr. Timothy Haydock, a physician at NWH.
  4. A financial settlement to each nurse. It would be paid "commensurate with each nurse's physical and psychological injuries, pain and suffering, and particulary post traumatic stress disorders." The term adds that the nurses would keep the money amount confidential.
  5. Pleading guilty "to a violation of some charge in exchange for the nurses withdrawing their criminal complaints previously interposed with the Westchester County District Attorney with a sentence or penalty of community service to be set by the DA and/or Court, preferably collecting garbage daily in Mt. Kisco or Chappaqua for at least two weeks."
  6. Personally letters, handwritten, by NWH CEO Joel Seligman, to Luciano and Lane. In them, Seligman would apologize "for not communicating his personal concern to Anna and Cari for the trauma that the incident on January 7, 2012 has caused for each nurse."
  7. "A significant financial contribution" by Kennedy to the Maternal Children's Health Fund. It would be to launch an educational program for parents about the role of child safety seats. 
  8. A non-disparagement clause for each party involved, including Kennedy, NWH, Luciano and Lane.
  9. A statement from Kennedy's lawyer, Robert Gottlieb, that would be "acknowledging that he slandered nurses, Cari Luciano and Anna Lane." Gottlieb would also have to retract statements he made about the nurses in media interviews, including an allegation that they were the aggressors in the matter.
Brewster One October 03, 2012 at 10:36 PM
Who do the NWH parties think they're kidding? Terms like those aren't even imposed on rogue nation maniac leaders. This is just an attempt to get at FoxNews through one of their employees.
Ross Revira October 03, 2012 at 10:54 PM
It looks like the Kennedy playbook is being used in reverse. How much money did Uncle Teddy pay the family of Mary Jo Kopechne to keep him out of jail for manslaughter?
True Believer October 03, 2012 at 11:16 PM
What a crock? All those terms Kennedy must abide by are just bogus!!! Just some more people looking for $$$$$$$
nancy October 03, 2012 at 11:20 PM
Assaulting a nurse is a felony......the end.
Atom October 03, 2012 at 11:36 PM
These nurses deserve all of this!!!...financial settlement, as well as apologies by ALL PARTIES...Kennedy, attorney and NWH CEO............I hope he goes to trial and loses big!...(.oh yeah, he says he'll "pick up garbage"........ but will not apologize for the treatment and verbal abuse he spewed afterwards through the media)...shame on him and the rest of the Kennedy's for thinking he is above the law and can get away with his bad behavior without repurcusions .....can't wait for the trial!
YahYah October 03, 2012 at 11:40 PM
The L&D nurses at that hospital are absolute angels. He was seen (on camera) treating them horribly. It made me so angry to see it. It makes me angrier that he simply can't admit that he was wrong.
L Murphy October 04, 2012 at 12:50 AM
The Kennedy family would have jumped on the chance to sue the hospital if anyone else had taken the baby outside-- think of the security risk! ;) That is why hospital personnel have to be so careful to follow the rules, no matter whose baby it is-- until the child is released to parent/guardian by the pediatrician, NO ONE (not even a parent) is supposed to be allowed to take it out of the hospital. I applaud the nurses for doing their job and hope they at least get an apology, although it doesn't sound like that's happening anytime soon.
peggy servello October 04, 2012 at 01:15 AM
Assaulting a Nurse is a FELONY. The nurses did not go looking for $. They were doing their job and doing it Well. I applaud them.
Edward Growney October 04, 2012 at 02:04 AM
Kennedys of the tribe Democrat believe themselves to be exempt from & above the law.
jc October 04, 2012 at 02:41 AM
Never miss a chance to bring politics into the discussion. Try thinking outside of your little box.
James Bond October 04, 2012 at 09:47 AM
@Growney..... You are the classic Kettle calling the pot black.....were you out of the country for the 8 years Bush and Cheney fed us a steady diet of BS
Walden Macnair October 04, 2012 at 01:17 PM
This proposal is just silly. There's no other word for it when they throw in stipulations that he needs to pick-up garbage and apologize on a television program and have the hospital decide whether they violated HIPPA or not. Yes, what he did was wrong, but that doesn't mean he's fair game for these ridiculous demands. Let's be serious, all they really want is the money.
JohnM October 04, 2012 at 02:41 PM
Just read this. I think the reason they are going to trial is so the attorney does not have to make an apology about slandering the nurses. That would set a horrible precedent!! See #9 above.
Su Hu October 04, 2012 at 03:06 PM
Just Imagine a weekend sentence at the County Lock Up... I hope he does not need any medical attention there. Supervised visits with his child and Anger management classes... Much better than implying he is / er should pick up garbage.
Su Hu October 04, 2012 at 03:09 PM
You got the first half right. The money though is the least of their concerns.
Su Hu October 04, 2012 at 03:11 PM
Would'nt that be a pip. Now suppose, this idot atty not wanting to slander the professions good standing loses his clients case?
Portia Torte October 04, 2012 at 03:46 PM
This proposed settlement is ludicrous! Leaving that aside, it shows the utter animosity caused by this unnecessary incident. Both sides should bury the hatchet and move on. The reputations of all are just getting hurt more and more as this drags on.
Walden Macnair October 04, 2012 at 04:00 PM
Portia, You are absolutely correct. This has morphed from a simple case to a race to the bottom of the barrel. Both parties hold some responsibility for this event and they should probably go have a couple of beers together and talk it out. Instead we've chosen up sides and our side are angels and theirs is the evil empire. Look at this objectively and you'll see problems on both sides and even the hospital itself needs to review it's security when a baby can be taken out a stairwell door unless the nurses get in a physical fight with the father.
bill butler October 04, 2012 at 05:55 PM
It EXISTS. There is a clear hospital procedure for a father to walk his healthy newborn outside for fresh air. The problem is that the nurses seemed to go physical before informing the father of a simple policy that reinforces parental rights.
Rex Rexmano October 11, 2012 at 04:31 PM
As much as I despise EVERYTHING the Kennedy clan stands for, it is my opinion that this entire thing points to one thing ----> $$$$$ Hello!!! Nothing more nothing less. The $$$ clause and provision greatly diminishes an otherwise good case.
Edward Growney October 11, 2012 at 08:53 PM
JC-Tip O'Neil once said all politics is local & this was as local as you can get. He abused those nurses because enablers like you have allowed Kennedys to act like the law does not apply to them. James Bond, hiding behind a name he (she?) would never come close to in real life is simple an imbecile. What nurses did Cheney &/or Bush abuse? As I said you are an imbecile. I say it with my identity exposed for you to see. You imbecile.
stephany October 22, 2012 at 08:50 PM
$100,000 I think cheap

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