Free Answer to Amended Complaint - District Court of Arizona - Arizona

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Joseph A. Kendhammer, SBN 009156 Jeanne E. Varner Powell, SBN 017535 Kendhammer & Colburn, L.L.P. 394 North Third Avenue Phoenix, Arizona 85003 (602) 340-9900 Attorneys for Defendants Mesa General Hospital Medical Center, L.P.

IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Wyvonna M. Barnett
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Plaintiff,
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vs. Mesa General Hospital Defendant.

) ) ) Case No. CV032566 PHX ROS ) ) ) DEFENDANT MESA GENERAL ) HOSPITAL MEDICAL CENTER' S ) ANSWER TO FIRST AMENDED ) COMPLAINT ) ) ) )

Defendant Mesa General Hospital Medical Center L.P. (Mesa General), a Delaware Limited Partnership, for its Answer to Plaintiff' First Amended Complaint, states as follows: s 1. Mesa General admits that Wyvonna Barnett was admitted to Mesa

General Hospital on three separate occasions in 2003.
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2.
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Mesa General Hospital denies that its employees were negligent or

breached the applicable standard of care in their care and treatment of Wyvonna Barnett. MGH affirmatively states that its employees complied with all applicable standards of care. 3. any injury to Plaintiff. Mesa General further denies that any action or inaction on its part caused

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4.

Mesa General denies that Cathy Stevens was negligent in any way and

denies that she is responsible for any negligent acts committed by others. Plaintiff lacks any legal basis for her allegation that Cathy Stevens is liable in tort for signing a declaration in support of summary judgment. Mesa General affirmatively states that Cathy Stevens was formerly the Director of Quality and Risk Control at Mesa General and was never a healthcare

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provider involved in Plaintiff' treatment. s
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5.

Mesa General denies that Plaintiff is entitled to reimbursement, pain and

suffering damages or punitive damages as a result of any action or inaction by this Defendant. 6. Mesa General affirmatively states that it is not responsible for the conduct

of other entities or actors not employed by Mesa General, whether named or not named in this suit. 7. Mesa General affirmatively states that Plaintiff' injuries may be a result s

of her own conduct or her failure to seek follow-up medical care. 8. Mesa General states that Plaintiff' alleged injuries may be the result of s

actions on the part of other individuals who are not parties to this lawsuit. 9. Mesa General affirmatively alleges that the facts of this case do not

support a res ipsa loquitur theory of liability.
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10.

Mesa General reserves the right to assert any affirmative defenses if

information should be developed in the course of discovery to support the affirmative defenses. 11. Mesa General demands a jury trial.

WHEREFORE, Defendant prays for judgment as follows: A. B. That Plaintiff takes nothing; For Defendant' costs and expenses incurred herein; and s

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C.

For such other and further relief as may be appropriate.

DATED this ____ day of October, 2005. KENDHAMMER & COLBURN, L.L.P.

/s_________________________________ Joseph A. Kendhammer Jeanne E. Varner Powell Attorneys for Defendant Mesa General Hospital, L.P. dba Mesa General Hospital Medical Center

ORIGINAL filed with the Clerk of the Court this ____ day of October, 2005. Copy of the foregoing mailed this ___ day of October, 2005, to: Wyvonna M. Barnett 506 East McKamey Payson, AZ 85541 Plaintiff Pro Per

_________________________

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