Thread: FL-Jury Sides With Florida Hospital That Deported Immigrant

Jury Sides With Florida Hospital That Deported Immigrant
Monday, July 27, 2009


STUART, Fla. — A South Florida hospital that quietly chartered a plane and sent a seriously brain injured illegal immigrant back to Guatemala over the objections of his family and legal guardian did not act unreasonably, a jury ruled Monday.

Health care and immigration experts across the country have closely watched the court case in the sleepy coastal town of Stuart. They say it underscores the dilemma facing hospitals with patients who require long-term care, are unable to pay and don't qualify for federal or state aid because of their immigration status.

Deputy Court Clerk Carol Harper said the unanimous 6-member jury found in favor of the hospital.

Jack Hill, an attorney for the legal guardian of 37-year-old Luis Jimenez, would not immediately comment on the verdict.

The lawsuit filed by Jimenez's cousin and legal guardian sought nearly $1 million to cover the estimated lifetime costs of Jimenez's care in Guatemala. It also asked for damages from the hospital for "unlawfully detaining" him and punitive damages to discourage other medical centers from taking similar action.

The hospital said it was merely following a court order — which was being appealed at the time — and that Jimenez wanted to go home.

Martin Memorial Medical Center's CEO and president Mark E. Robitaille said in a statement the hospital was pleased with the ruling.

"We have maintained all along that we acted correctly and, most importantly, in the best interests of Mr. Jimenez," Robitaille said.

But he added: "What is most disappointing is that the issue of providing health care to undocumented immigrants remains unresolved on a state and national level. This is not simply an issue facing Martin Memorial. It is a critical dilemma facing health care providers across Florida and across the United States."

Robitaille was not yet head of the hospital when Jimenez was send back to Guatemala. He said he hoped the case would push leaders at the state and federal levels to find a solution rather than relying on individual health care providers to find one on a case-by-case basis. Robitaille said none of the health care reform proposals under consideration in Congress address the issue.

Like millions of others, Jimenez came the U.S to work as a day laborer, sending money home to his family. In 2000, a drunk driver crashed into a van he was riding in, leaving him a paraplegic with the cognitive ability of a fourth grader.

Under federal law, hospitals that receive Medicare reimbursements are required to provide emergency care to all patients and must provide an acceptable discharge plan once the patient is stabilized.

But because of his immigration status and lack of insurance, no one else in the U.S. would provide long-term care to Jimenez.

His cousin, Montejo Gaspar, was named Jimenez's legal guardian because of his brain injury. Gaspar initially supported the return but grew concerned after it became unclear where Jimenez would receive care in Guatemala.

Jimenez spent nearly three years at Martin Memorial before the hospital, backed by a letter from the Guatemalan government, got a Florida judge to OK the transfer to a facility in that country. Gaspar appealed.

But without telling Jimenez's family — and the day after Gaspar filed an emergency request to stop the hospital's plan — Martin Memorial put Jimenez on a $30,000 charter flight home early on July 10, 2003.

Gaspar eventually won his appeal, with the court ruling a state judge doesn't have the power to decide immigration cases. By then, it was too late. Jimenez had been released from the Guatemalan hospital and was living with his 73-year-old mother in a one-room home in the mountainous state of Huehuetenango — a steep hike from the village center and 12 hours from the Guatemalan capital.

http://www.foxnews.com/story/0,2933,534925,00.html

Bye, Bye Jimenez!
Welcome Home...

The bill is in the mail.
We know you appreciated our money being dumped into you, against 75% of Americans wishes.

A South Florida hospital that quietly chartered a plane and sent a seriously brain injured illegal immigrant back to Guatemala over the objections of his family and legal guardian did not act unreasonably, a jury ruled Monday.

Health care and immigration experts across the country have closely watched the court case in the sleepy coastal town of Stuart. They say it underscores the dilemma facing hospitals with patients who require long-term care, are unable to pay and don't qualify for federal or state aid because of their immigration status.

Deputy Court Clerk Carol Harper said the unanimous 6-member jury found in favor of the hospital

Great news!! And it was 6-0 in favor of the hospital!!

Go home illegals and you can take your lawsuits with you. Your lottery ticket did not come up this time!

A unanimous verdict by ALL jurers in favor of the hospital sends a loud and clear message.

How dare the family and guardian to even bring this lawsuit against the hospital who spent 1.5 MILLION dollars saving the life of Jimenez and then DEMAND even more money to sustain him the rest of his life.

A prime example of their "Entitlement" mentality fostered by our own Government,our judicial system and the likes of LaRaza,MALDEF etc.

I hope they look in the mirror and take a good look at the true greedy criminals in this whole scenario.

This news has brightened my Monday!

This is one for our side. Horray!

If the gov't is so concerned about the cost of health care they should stop ALL free medical services to illegals and anchors. Think of the savings for the American people.

Originally Posted by USPatriot

A unanimous verdict by ALL jurers in favor of the hospital sends a loud and clear message.

How dare the family and guardian to even bring this lawsuit against the hospital who spent 1.5 MILLION dollars saving the life of Jimenez and then DEMAND even more money to sustain him the rest of his life.

A prime example of their "Entitlement" mentality fostered by our own Government,our judicial system and the likes of LaRaza,MALDEF etc.

I hope they look in the mirror and take a good look at the true greedy criminals in this whole scenario.

Well said USPatriot!

Jury OKs hospital's repatriation of injured illegal immigrant

We told you last week about a lawsuit against a South Florida hospital for quietly chartering a plane to send a seriously brain-injured illegal immigrant back to Guatemala over the objections of his family.

Today, the Associated Press reports that a jury in Stuart, Fla., found that the hospital did not act unreasonably by sending Luis Jimenez, 37, to his native country.

The hospital, which spent more than $1.5 million on Jimenez's care following a car accident, had argued that he wanted to go home.

His legal guardian had sought nearly $1 million to cover the estimated lifetime costs of his care in the Central American country.

Posted by Doug Stanglin at 11:28 AM/ET, July 27, 2009 in Americas, Health/Science, Human interest, Immigration
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Yes,even though this is a victory,common sense dictates that this
bleeding heart refuse should never have made it across the courtroom
threshold!.

Get the busses and Load them up!