1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 1 of 7
`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF SOUTH CAROLINA
`AIKEN DIVISION
`
`Donna Houck,
`
` Plaintiff,
`
`v.
`
`Low Country Health Care System,
`Inc.,
`
`) CIVIL ACTION NO.:
`)
`
`COMPLAINT
`(Jury Trial Requested)
`
`))
`
`)
`)
`
`)))
`
`)
`Defendant.
`_______________________________ )
`
`COMES NOW Donna Houck for causes of action against the Defendant and
`
`herein alleges, based on information and belief:
`
`JURISDICTION & VENUE
`
`1.
`
`This action is brought pursuant to the Federal Tort Claims Act (FTCA), 28
`
`U.S.C. §§ 1346(b), 2671 et seq., against the Low Country Health Care System, Inc.,
`
`which vests exclusive subject matter jurisdiction of Federal Tort Claims litigation in the
`
`Federal District Court.
`
`2.
`
`Venue is proper in the Aiken Division pursuant to 28 U.S.C. §§
`
`1391(b)(1) and/or 1391(b)(2), as well as 28 U.S.C. § 1391(e)(1), because the Defendant
`
`Low County Health Care System (“LCHCS”) is a healthcare organization that operates a
`
`primary care practice in the Town of Fairfax and has its headquarters and principal place
`
`of business in Allendale County of the State of South Carolina.
`
`3.
`
`At all times relevant hereto, Defendant LCHCS was an entity receiving
`
`federal grant money from the United States Public Health Service pursuant to 42 U.S.C.
`
`§§ 254b, 254c, 256, or 256a. Pursuant to 42 U.S.C. § 233(h), the United States
`
`Department of Health and Human Services has deemed Defendant LCHCS to be an
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF SOUTH CAROLINA
`AIKEN DIVISION
`
`Donna Houck,
`
` Plaintiff,
`
`v.
`
`Low Country Health Care System,
`Inc.,
`
`) CIVIL ACTION NO.:
`)
`
`COMPLAINT
`(Jury Trial Requested)
`
`))
`
`)
`)
`
`)))
`
`)
`Defendant.
`_______________________________ )
`
`COMES NOW Donna Houck for causes of action against the Defendant and
`
`herein alleges, based on information and belief:
`
`JURISDICTION & VENUE
`
`1.
`
`This action is brought pursuant to the Federal Tort Claims Act (FTCA), 28
`
`U.S.C. §§ 1346(b), 2671 et seq., against the Low Country Health Care System, Inc.,
`
`which vests exclusive subject matter jurisdiction of Federal Tort Claims litigation in the
`
`Federal District Court.
`
`2.
`
`Venue is proper in the Aiken Division pursuant to 28 U.S.C. §§
`
`1391(b)(1) and/or 1391(b)(2), as well as 28 U.S.C. § 1391(e)(1), because the Defendant
`
`Low County Health Care System (“LCHCS”) is a healthcare organization that operates a
`
`primary care practice in the Town of Fairfax and has its headquarters and principal place
`
`of business in Allendale County of the State of South Carolina.
`
`3.
`
`At all times relevant hereto, Defendant LCHCS was an entity receiving
`
`federal grant money from the United States Public Health Service pursuant to 42 U.S.C.
`
`§§ 254b, 254c, 256, or 256a. Pursuant to 42 U.S.C. § 233(h), the United States
`
`Department of Health and Human Services has deemed Defendant LCHCS to be an
`
`1
`
`
`
`1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 2 of 7
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`employee of the federal government only for purposes of coverage under the Federal Tort
`
`Claims Act, 28 U.S.C. §§ 2671, et seq., effect for acts and omissions effective January 1,
`
`2011 through December 31, 2011.
`
`NATURE OF THE ACTION
`
`4.
`
`That at all times relevant hereto, Dr. Robert Jones was a physician
`
`employed by and under the control of Defendant LCHCS, and that at all times relevant to
`
`this complaint, Dr. Jones was acting on behalf of and within the scope of his employment
`
`or relationship with Defendant LCHCS.
`
`5.
`
`That on or about September 19, 2011, the Plaintiff presented to Defendant
`
`LCHCS for medical care and treatment, was escorted back to a private examination
`
`room, and was left alone to wait for Defendant LCHCS to assign a physician to provide
`
`the Plaintiff with care and treatment.
`
`6.
`
`That on September 19, 2011, Dr. Jones was tasked with providing the
`
`Plaintiff with care and treatment on behalf of Defendant LCHCS.
`
`7.
`
`That Dr. Jones approached Plaintiff but began walking back and forth
`
`from the examination room to the hallway looking both ways.
`
`8.
`
`That Plaintiff was concerned about the odd conduct of Dr. Jones and
`
`walked into the hall to discern what Dr. Jones was doing and why.
`
`9.
`
`That upon Dr. Jones’ return to the examination room, he approached
`
`Plaintiff and placed his hand in Plaintiff’s face, creating fear and anxiety.
`
`10.
`
`That Dr. Jones began improperly touching, molesting, and groping
`
`Plaintiff’s breasts and vagina without her consent.
`
`2
`
`
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`1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 3 of 7
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`11.
`
`That Dr. Jones then began walking in and out of the examination room
`
`indicating he desired to examine Plaintiff while she was unattended by a female nurse or
`
`medical assistant.
`
`12.
`
`That Dr. Jones returned to the examination room and proceeded to again
`
`sexually assault the Plaintiff, grabbing Plaintiff’s breasts and placing his hand in her
`
`underwear.
`
`13.
`
`That Plaintiff attempted to escape but Dr. Jones yelled at her that she
`
`needed to get a blood test.
`
`14.
`
`That when Plaintiff advised that the blood test had been done, Dr. Jones
`
`began to look at her file and Plaintiff perceived this is a chance to escape, gathering her
`
`coat and purse and walked out of the room.
`
`15. That as Plaintiff attempted to leave the building, Dr. Jones rapidly
`
`approached her.
`
`16.
`
`As Plaintiff was in fear of being assaulted again, Plaintiff slapped Dr.
`
`Jones and ran to her car seeking safety in an attempt to leave the premises.
`
`17.
`
`That, upon information and belief, Dr. Jones has been charged with
`
`criminal assault and battery offenses as a result of his elicit actions that occurred on
`
`September 19, 2011.
`
`18.
`
`That Defendant LCHCS was aware and had knowledge of numerous
`
`accounts of improper elicit actions, including sexual advances, improper touching,
`
`groping, and molestations, by Dr. Jones but nonetheless continued to employ and permit
`
`him to practice medicine at Defendant LCHCS’s facility in the Town of Fairfax, South
`
`Carolina.
`
`PARTIES
`
`3
`
`
`
`1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 4 of 7
`
`19.
`
`Plaintiff Donna Houck is a citizen and resident of the County of Bamberg in
`
`the State of South Carolina.
`
`20.
`
`At all times relevant hereto, Defendant LCHCS acted through its agent,
`
`representative and employee, Dr. Robert Jones.
`
`21.
`
`At all times relevant hereto, the Defendant and its aggregates, corporates,
`
`associates, and partners, and was the agent, servant, employee, assignee, and representative,
`
`was acting within the times, purpose, course and scope of such relationship; and all acts or
`
`omissions alleged herein of Dr. Jones were authorized, adopted, approved, or ratified by the
`
`Defendant.
`
`STATUTORY BASIS OF LIABILITY AGAINST
`LOW COUNTRY HEALTH CARE SYSTEM
`
`22.
`
`This case is brought against the Low Country Health Care System pursuant
`
`to 28 U.S.C. § 2671 et seq., commonly referred to as the “Federal Tort Claims Act”.
`
`Defendant LCHCS was an entity receiving federal grant money from the United States
`
`Public Health Service pursuant to 42 U.S.C. §§ 254b, 254c, 256, or 256a. Pursuant to 42
`
`U.S.C. § 233(h), the United States Department of Health and Human Services has
`
`deemed Defendant LCHCS to be an employee of the federal government only for
`
`purposes of coverage under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq.,
`
`effect for acts and omissions effective January 1, 2011 through December 31, 2011.
`
`Liability of Defendant LCHCS is predicated specifically on 28 U.S.C. §§ 1346( b)(1) and
`
`2674 because the personal injuries and resulting damages that form the basis of this
`
`Complaint, were proximately caused by the negligence, wrongful acts and/or omissions
`
`of employees of the United States of America through its agency, Low Country Health
`
`Care System. These employees were acting within the course and scope of their office or
`
`4
`
`
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`1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 5 of 7
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`employment, under circumstances were the United States of America, if a private person,
`
`would be liable to the Plaintiff in the same manner and to the same extent as a private
`
`individual under the laws of the State of South Carolina.
`
`23.
`
`Pursuant to 28 U.S.C. § 2675, this claim was presented to the appropriate
`
`agency of Defendant, namely the United States Department of Health and Human
`
`Services (“DHHS”) on August 24, 2015 for the claims of Plaintiff Linda Lee. Plaintiff
`
`was informed that the DHHS denied her administrative tort claim on January 22, 2019.
`
`FIRST CAUSE OF ACTION
`(Negligence)
`
`24.
`
`25.
`
`The above paragraphs are re-alleged as if repeated verbatim.
`
`That the Defendant LCHCS was negligent, grossly negligent, reckless, and
`
`wanton in one or more of the following particulars:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`In failing to provide adequate care and treatment to the Plaintiff;
`
`In failing to provide a safe and respectful environment;
`
`In failing to exercise reasonable care for the safety and well-being
`of the Plaintiff;
`
`In failing to properly supervise and entrust its employees, agents,
`and individuals under their control;
`
`In failing to conduct and adequately investigate allegations of elicit
`actions at the Defendant LCHCS’s facility;
`
`In failing to discipline and/or remove Dr. Jones from his position;
`
`In failing to properly respond to the victims of Dr. Jones elicit
`actions;
`
`In failing to exercise that degree of care which a reasonably
`prudent person would have exercised under the same or similar
`circumstances; and
`
`In such other particulars as the evidence may establish.
`
`5
`
`
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`1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 6 of 7
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`26.
`
`As a direct and proximate result of the aforesaid conduct of the Defendant,
`
`Plaintiff suffered and continues to suffer severe emotional distress, emotional injury,
`
`psychological damage, including but not limited to depression and mental anguish which
`
`no human should be expected to endure.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays judgment against the Defendant, on all causes of
`
`action as follows:
`
`1. For general damages according to proof;
`
`2. For special damages according to proof;
`
`3. For pre-judgment and post-judgment interest as allowed by law;
`
`4. For costs of suit incurred herein; and
`
`5. For such other and further relief as this Court may deem just and proper.
`
`~~~ Signature Page to Follow ~~~
`
`6
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`1:19-cv-02038-JMC Date Filed 07/19/19 Entry Number 1 Page 7 of 7
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`PETERS, MURDAUGH, PARKER
`ELTZROTH & DETRICK, P.A.
`
`By: s/ Lee D. Cope_________________
`Lee D. Cope, Esq. (Fed ID#7026)
`101 Mulberry Street East
`P.O. Box 457
`Hampton, South Carolina 29924
`(803) 943-2111
`(803) 943-3943 (fax)
`
`- and -
`
`Lewis C. Lanier, Esq.
`LANIER & BURROUGHS, LLC
`250 Gibson Street
`PO Drawer 2789
`Orangeburg, SC 29116
`(803) 268-9800
`
`ATTORNEYS FOR PLAINTIFF
`
`July 19, 2019.
`Hampton, South Carolina
`
`7
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`
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