Northern Westchester Hospital has responded to a lawsuit filed by Douglas Kennedy and his wife, Molly regarding his movement of newborn son, Bo, through the maternity ward and alleged scruffle with two nurses.
In a 28-page response, filed this month in State Supreme Court in White Plains, the Mount Kisco-based hospital denies each of the allegations made against it. It also argues that it does not have enough understanding of some civil claims made against nurses Cari Luciano and Anna Lane, such as defamation and malicious prosecution.
The lawsuit, filed in early January, is also against Luciano and Lane. It serves as a countersuit to one that the nurses filed in late November - it's still pending - shortly after Kennedy's acquittal following a fall criminal trial in Mount Kisco. Kennedy, a Chappaqua resident, was charged with endangering the welfare of a child, a misdemeanor, and two counts of harassment, which is a violation. The Kennedys' suit lists 17 causes of action against the defendants, including intentional infliction of emotional distress by the nurses and NWH against Molly Kennedy, an accusation of assault by Luciano against Kennedy, and counts of neglience and breach of confidentiality against NWH.
NWH also denies several items concerning the alleged Jan. 7, 2012 scuffle, which began after Kennedy requested to take his son outside for fresh air. The denial includes a claim from Douglas Kennedy, in the suit, that Luciano "aggressively lunged" towards him when she tried to remove the baby, who he was holding when they were both at a stairwell as he tried to leave.
Kennedy, during his trial, was accused of intentionally kicking Luciano. NWH wrote in its response that "Kennedy raised his foot and leg and caused Luciano to fall to the ground; and Kennedy fell to the ground and the infant landed on Kennedy's chest."
The hospital also denies the suit's claim that its chief medical officer, Marla Koroly said that Luciano should not have touched the baby, or that Lane should not have tried to block Kennedy from leaving.
NWH does admit, however, that Luciano had “unauthorized access” to the baby's medical records after he and Molly were discharged. However, NWH denies that there were any violations of federal medical privacy law. It also admits, in general, that there was "unauthorized access" of Molly Kennedy's medical records, along with the babys, and that a broadcast of security camera footage of the alleged altercation took place without its knowledge or consent.
