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Douglas Kennedy, Wife Sue Hospital and Nurses

The lawsuit, dated Jan. 4, includes 17 counts, ranging from defamation, to negligence and infliction of emotion distressed. In the suit, Molly Kennedy claims that NWH personnel harassed her.

Douglas Kennedy and his wife Molly are fighting back against the Northern Westchester Hospital nurses who claimed that he injured them as he moved his newborn son, Bo from the maternity ward last January. They are also suing the hospital itself.

In a 45-page complaint dated Jan. 4, the Kennedys have 17 causes of action, which include defamation, negligence, intentional infliction of emotional distress, assault, malicious prosecution, breach of confidentiality and deprivation by the hospital of due process rights under the 14th Amendment to the Constitution.

The Kennedys, who are Chappaqua residents, are seeking an unspecified amount in damages, including punitive damages, along with legal costs. They have retained a new law firm for the case, Douglas & London, PC.

The lawsuit, including counter-claims against the nurses, comes a month and a half after the nurses filed their own lawsuit  against him, and nearly two months after he was acquitted in a bench criminal trial  in Mount Kisco related to the matter.

Gary Douglas, a lawyer for the Kennedys, told Patch that they are prepared to aggressively defend against "a frivolous lawsuit" brought by nurses, Anna Lane of Brookfield, CT and Cari Luciano of Hopewell Junction, NY. For the counter action, Douglas described the new lawsuit as being "about principles," arguing that people who not be allowed to "burden" the legal system with false claims.

The complaint is long on details for the claims.

In his cause of action for assault, Douglas Kennedy, who was accused of intentionally kicking nurse Cari Luciano when they were by a stairwell as she reached to grab his baby, in turn claims that she "aggressively lunged" towards Kennedy in trying to remove the baby and caused each of them to fall to the ground. It adds that Luciano was there "with her arms extended in an aggressive posture causing a forceful and violent encounter" with the plaintiff.

Kennedy's legal counsel argued during a trial involving the alleged incident that his instinctively pushed her away, rather than intentionally kicking her, to protect Bo.

Molly Kennedy, in the complaint, is suing Luciano, fellow nurse Anna Lane and NWH for intentional infliction of emotional distress; the nurses are named because of the alleged scuffled involving them and her husband, and the hospital because it is their employer. She is also suing NWH under another claim of distress, one in which they are claimed to be directly liable, and claims that an employee told her later on during the night of the alleged incident, that Douglas Kennedy would be arrested if he returned, and that she was being harassed because she was told that her son could not leave NWH after his medical discharge because of a child protective services investigation. Douglas Kennedy was later cleared of wrongdoing by CPS.

Newly Public Claims Are Included in the Lawsuit

Molly Kennedy, who did not testify during the trial last fall, adds newly public information to the lawsuit with her allegations against NWH. The new claims include Marla Koroly, the hospital's chief medical officer, stating that Luciano should not have place her hands on Douglas Kennedy, and that Lane should not have tried to stop him from exiting.

The nurses, along with the Westchester County District's Attorney's office, argued that Kennedy's conduct in his desire to take his son outside for fresh air went against the hospital's policy of patient removal. Kennedy's legal team argued that NWH has no specific policy for a father who would want to take his son outside for air, a matter that Mount Kisco Judge John Donohue agreed with in his acquittal ruling for the criminal trial.

In the suit, Molly Kennedy also stated that she told her patient advocate, more than four hours after the alleged incident, that she wanted to leave "because of her perceived harassment and intimidation" by hospital staff. The request was denied, she claims, adding in the suit that she told the patient advocated "that she felt like a prisoner being held against her will."

Media Statements, Release of Security Footage, Play Major Parts

In his defamation claims, Douglas Kennedy took issue with the nurses' public claims in early 2012, including statements made to Mount Kisco Police and a March 1, 2012 interview they gave on NBC's The Today Show, occasions in which they gave summaries of their accusations against him.

Also named as a defendant is Luciano's spouse, Steve Luciano, for giving two interviews to The Daily News in which he recapitulated the nurses' claims, which were that Kennedy twisted Lane's arm and intentionally kicked Luciano; Kennedy denies both accusations.

NWH, due to its employment of Lane and Luciano, is also listed as a defendant for defamation.

Molly Kennedy is suing NWH for negligence and breach of confidentiality because of information about the alleged incident, including security camera footage of Kennedy and Lane by an elevator becoming public. The claim is that Cari Luciano, Steve Luciano and Elliot Taub, the nurses' attorney, improperly obtained the information.

Meanwhile, Douglas Kennedy alleges in the suit that the nurses engaged in "malicious prosecution," while both Kennedys claim that NWH engaged in negligent hiring, training and supervision of personnel.

LD January 09, 2013 at 07:25 PM
Anne Latella Hi ann your making it sound like Doug just attacked the nurses for no reason they attempted to take the baby out of his arms and pulled on the baby at that... thats why there wrong ..no i dont approve of anyone hurting a woman but he had his newborn son in his hands how dare they,, they got what they deserved..another FACT is people keep saying its hospital procedure the rn's were following? Where?? ..Where in the handbook that everyone gets once admited says that a dad cant take the baby out?? its not written anywhere...thats a false statement and one that the attorneys for the kennedys is adressing as well...look i get.it..i hear ya.. would i allow my husband to take my child out to look at the moon?? HECK NO i wouldnt.. but its i guess the way he wanted to bond with his son..how dare the rns do what they did ,, and then attack his wife verablly .. child protective services says it was an UNFOUNDED report which means they can see no harm or intention to harm a child was done and so did the judge.. Kennedy is gonna win this and the hospital knows it... once they lost the criminal trial they were shaking in there boots and have every reason to ..... .
Anne Latella January 09, 2013 at 07:55 PM
LD- The nurse never reached the baby before she was kicked in the groin by Doug. The nurse has a lot smaller reach then the foot of Doug. Where is the proof that the nurse grabbed the baby.? Not in the video. However, you can clearly see the nurse hitting the ground after she was viciously kicked. How many men do you know who kick a woman? This has to be a person with a severe personality disorder and one who had alcohol on his breath at the hospital. Would I believe anything Doug said ? Absolutely not. Did you believe that story about his Uncle Ted swimming home after his car went into the water, while he left his female companion there to die? He just went back to his hotel to sleep. Same genes. Runs in the family. Ted also got away scot free. Was he innocent. Absolutely not. He did not even care enough to call 911 to retrieve the girl dead or alive. Why do you think they have those codes in Hospitals? Just for fun? There is a proper way to exit a hospital with several options. None of which were used by Doug Kennedy. Whoever said there is equal justice in the United States Courts? Anyway we know for a fact there is not. No one in shaking in their boots. However, Doug Kennedy should be. Regardless of the outcome of the trial, what goes around comes around. It happens quite often in the Kennedy male part of that family. If the hospital had to write everything in a handbook it would turn out to be volumns of books. Common sense is very important. Doug is arrogant.
Jeanne January 09, 2013 at 08:07 PM
LD, am I safe in assuming that you are an employee or have been a patient of this hospital, and besides having access to their handbook, have personal knowledge of their policies and procedures?
Anonymous January 09, 2013 at 08:19 PM
I had all 3 of my children in NWH. The nurses & doctors were fantastic!! When I was leaving the hospital I had to wait for my discharge papers & then be wheeled out in a wheelchair. My baby had to be carried out in a safety approved car seat. Why should the rules be different for Mr. Kennedy?????
hatfield January 09, 2013 at 08:23 PM
LD - most people, I believe, would have listened to the nurses who were caring for his new born child. I'm pretty sure Mr Kennedy was not aware of the hospital's policy on allowing infants to leave the maternity area. Even if he was aware of the policy, the right thing for him to do would be to get the matter cleared up in a civilized way and allow the nurses to take the baby at that moment. His actions, to me, really do demonstrate a "how dare they tell me what to do" attitude. Most people would respect what the nurses were saying, not fight them in the hallway.
Blaue Vogel January 09, 2013 at 08:50 PM
The right thing for the nurses to do would be to get the matter cleared up in a civilized way. Never rely on patients and/or family to be reasonable. I read a staff member took the baby's alarm bracelet off before the other two nurses got involved. If Mr. Kennedy was so adamant about taking his child outside, and if the two RNs were equally as adamant as him not, they should've called security and their nursing supervisor. Getting into a physical confrontation with family is not the best judgment. And I think you can see why. Btw, a "how dare you tell me what to do" attitude isn't against the law, nor does it make someone an unfit parent. The Kennedy's think they're entitled. Along with pretty much everyone else these days.
LD January 09, 2013 at 08:58 PM
anne Latella oh gosh .. there is no proof that she tryed to grab the baby? she admited it on the stand.. she said she grabbed the baby so the babys head wouldnt bobble... so your saying the video doesnt show that she even grabbed the baby but nor does the video show the "kick" just the rn hitting the floor..
LD January 09, 2013 at 08:59 PM
Jeanne All im saying is that it is NOT a procedure that is in writting... thats all im saying trust me..
Jeanne January 09, 2013 at 09:01 PM
Blaue Vogel, I think that Kennedy was the one who got into a physical confrontation. And by the time that Security or a Nursing Supervisor got there, Kennedy would have been long gone. It was about the safety of the baby and the policies of the hospital. If you want to take your baby out and howl at the moon, home birthing is the answer. There are very competent professionals who have this capability. But they chose to go to a hospital. A hospital is not the place for the "how dare you" attitude. What we need is less entitlement and more basic respect.
LD January 09, 2013 at 09:04 PM
hatfield like i said before i wouldnt not have let my baby go off the maternity ward.. but he is the dad and it is his right and he could of checked the baby out all together if he wanted so long as his wife agreed..the baby was born healthy.. only there for that many days bcz was a c section... most newborns born normally are let go the very next day... Kennedy asked the first nurse if he could take the baby out and her answer was YES!! and she proceded to take the baby monitor off or correction showed kennedy how to take it off him self ,,,,
Anne Latella January 09, 2013 at 09:32 PM
LD- Are you telling me a supposedly intelligent educated man such as Doug Kennedy had never been in a hospital before and had no idea that all hospital protocol is not written in a brochure or handbook? Does he at least have common sense? Why are you so against a nurse exercising her responsibilities and siding with a hostile bully. That is very confusing to me. Are you a personal friend or an employee of his? Or do you just dislike nurses for some reason. At the very least his actions were extremely abnormal.
LD January 09, 2013 at 10:22 PM
Anne all im saying is that if hospital protocol is not written in a brochure or handbook, then it is not valid it holds no legal weight!! thats just like saying the police say hey you cant walk and talk on your cell phone.. if there is no written law for it then it cant and will not be held against you in any court.. now they can choose to ticket you or do whatever they choose regarding you walking and taking on your cell phone however when it hits the court room it will be thrown out....you asked me why im so against the nurse exercising her responsibilities ? for the simple fact that i dont beleive it was the nurses responsibilty.. thats why she was wrong it was not her place.. the wife was ok with it so thats it.. the baby wasnt sick the other DR said it was fine.....look there has been cases where people have won in court when they shouldnt of for example " pinlias county Florida" cough cough... but in those cases even though people got off that shouldnt of got off.. CPS still filed them as being wrong and founded this person of neglect.. in this Kennedy case CPS did not!!! they filed UNFOUNDED COMPLAINT!!! thats all im saying.. just because he has money and the name people target them and i hate that... how dare those nurses and ive said it all along he will sue..and HE WILL WIN!!!
Susie Q January 09, 2013 at 11:09 PM
That's the best comment out of them all. LOL.
Anne Latella January 09, 2013 at 11:10 PM
LD- If You know the Kennedy male history people do not target them for their money. They are targeted for their disgusting and illegal behavior & usually get away with murder, rape, assault, leaving someone to drown, a young personal assistant and not even bothering to call 911. I hope you are never at the wrong end of their hostile acts. The Kennedy misdeeds can fill volumes of books and most likely already do.
Blaue Vogel January 09, 2013 at 11:21 PM
Long gone? He was arguing at the nurse's station, then he was waiting for the elevator. There was ample time. And I agree with you about less entitlement, but it's not just the Kennedys who behave like the world owes them something.
stephany January 10, 2013 at 01:20 AM
"and HE WILL WIN!!!" but who will pay--not the nurses..maybe the hospital ..maybe insurance,but not the nurses..they have nothing to lose and everything to gain...all for free. if the nurses are so sure they were harmed let them pay the lawyer to sue and not by setting up a paypal account for donations. I have to think, since i got no replies that their legal fees ad bills are non existent,,they are just sitting back and seeing if they will collect and how much, after the lawyers take their piece + expenses.
Jeanne January 10, 2013 at 01:24 AM
Stephany, this is probably a contingency case. There is no need for the nurses to hire anyone. This is a high profile kind of case that many legal firms would drool over.
LD January 10, 2013 at 01:30 AM
stephany if the lawyers for the nurses win on there settlement lol which they wont but if they do the nurses attorneys get 33 and a 3rd of what they win .. if they loose they get nada.. but the Kennedys are counter suing them so lets say the nurses win 1000 right and on the kennedys counter suit they win 3000 that means they means the nurses give the kennedys 2000.. just an example... add a couple of zeros there lol... but also there are a couple of diiffernt suits going on.. the Kennedys are also suing the hospital directly... 17 counts in all ...
youmustbekidding January 10, 2013 at 01:39 PM
Ask NOT what your HOSPITAL CAN DO FOR YOU BUT ASK WHAT YOU CAN DO FOR YOUR HOSPITAL......YOU ARE SUCH A JERK......
Paul McGann January 10, 2013 at 04:15 PM
HE's a Kennedy. Therefore he's a lying power hungry jerk. They should toss the suit out.
naun charplip January 10, 2013 at 07:44 PM
I have been a nurse for many yrs and no one ever has taken a newborn out of the hosp b/4 discharge...and no one had caused such trouble..sorry..Mr Kennedy inflammed a situation...his name alone GET A LAwyer to begin with...get a professional ..involved....that would have been the right thing..a ..30 sec phone call to the hosp admnistrator hello .ANY PROFESSIONAL WOULD HAVE DONE .THAT...the nurses do not care who u r they care .about the safety of the baby..we know there is illegal drug use and mental illness in the world....to come along with a totally unusual request.....please GQ .public...cut the real people some slack...this is a kennedy publicity political stupid stunt...mr kennedy needs classes in social graces...if he was NOT there the incident would not have happened nor has it ever b/4 he lost control....yes....gosh and he is a parent...poor infant...hope he goes broke and does not get a dime..mr kennedy is a bully...plain and simple
Chris Clement January 10, 2013 at 09:39 PM
Am in shock at what some of you have written on this forum. Celebrities and rich people are always open to public comment, but the *opinions* here are baseless. No place else on Internet have I read that Kenndy kicked the nurse in the groin, or they are drug addicts or alcoholics, or they won their criminal case because the judge was Irish. I hope someone who's working for the Kennedy family is saving all these web pages and files charges against those who are defaming the Douglas Kennedy family. What anyone thinks of the Kennedys politically is one thing; but attacking one of them on a personal level is deplorable. THIS Kennedy had nothing to do with Chapaquidac (?), or any of the things OTHER Kennedy members were involved in. ... and WHY anyone in their right mind would wish upon another person that they go broke is beyond my comprehension. Face it, get over it. Douglas Kennedy won the criminal case.
Praetell Boch January 10, 2013 at 09:49 PM
Perhaps but you must admit he does look like a chipmunk and is pretty much acting like one.
Gannicus January 11, 2013 at 04:34 AM
OHHH Bob!! Take it easy...your a little out of line. NWH now knows what to do should Dougie or Suzy-Q ever need their sevices again.
Gannicus January 11, 2013 at 04:36 AM
Nah! More like a DIRTY RAT!!
Gannicus January 11, 2013 at 04:41 AM
Opps! I meant Molly. She looks like a Suzy.
LD January 11, 2013 at 01:32 PM
He won the criminal case and he will also Win this one!! Hands down..Go Kennedy!!!!
Aidan January 11, 2013 at 01:55 PM
"Face it, get over it. Douglas Kennedy won the criminal case." Case closed.
Baylee Moberly February 24, 2014 at 05:52 PM
I can't believe all you so called nurses comments on here about Mr. Kennedy. I took my son and left the hospital early because of over bearing nosy nurses meddling in my business,and No I didn't sign out I just walked out. Nurses have more mental health issues than the general public because they try to over compensate and run others lives.
Joyce Baliint February 25, 2014 at 08:22 AM
Just wondering....if something had happened to the baby when his father had taken him out, such as catching cold, father slipping and dropping him--anything--would the hospital and nurses been negligent in letting him take the infant out?

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