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October 1, 2013

Plaintiffs withdraw from Maxey lawsuit

LAUREL COUNTY, Ky. — Nearly three years after a London doctor was named in a multi-party lawsuit, all plaintiffs have withdrawn from the case.

According to a document filed Wednesday in Laurel Circuit Court, the attorney for Dr. Jackie Maxey stated all parties claiming alleged offenses have either been dismissed through court hearings or have voluntarily withdrawn their claims.

Maxey’s attorney, Tracy S. Prewitt of O’Bryan, Brown and Toner of Louisville filed the Supplemental Memorandum in Support of Motion for Rule 11 Sanctions against Louisville attorney Liddell Vaughn on the basis the lawsuit “never should have been filed.”

According to Prewitt’s motion, the court dismissed 143 cases “as a matter of law” since October 2011 when the Motion of Rule 11 Sanctions was first filed. The remaining defendants have voluntarily dismissed their cases. Several of the cases were dismissed as a “matter of law” because the time limit to file a civil suit had exceeded.

“Dr. Maxey has suffered a nearly insurmountable blow to his previous excellent reputation, has suffered a loss of his hospital privileges and participation in certain insurance reimbursement programs, and has virtually extinguished his personal assets attempting to clear his name. A large number of the inflammatory claims turned out to be time-barred, all were untrue, and in some cases, on behalf of women Mr. Vaughn did not represent,” the document stated. “In the three plus years this matter has been pending, the only thing accomplished has been the unwarranted destruction of Dr. Maxey’s reputation in the community and a significant decrease in his personal assets expended to try to clear his name.”

Prewitt requests Vaughn receive some sanctions, or reprimands, from the lawsuit that she deems as frivolous and that attorney fees and expenses by Maxey “in defending the many time-barred and unmeritorious claims.” An expense sheet submitted in the document shows Maxey has already spent nearly $20,000 in obtaining legal counsel, and has, in fact, had to change his attorney because he could no longer afford the legal fees for William E. Johnson of Johnson, True and Guarieri law firm of Frankfort. Prewitt stated in the memorandum the expenses submitted “represent only a fraction” of what Maxey has spent “to defend against these baseless claims.”

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