October 1, 2013

Plaintiffs withdraw from Maxey lawsuit

By Nita Johnson
Staff Writer

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 — Nearly three years after a London doctor was named in a multi-party lawsuit, all plaintiffs have withdrawn from the case.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stated all parties claiming alleged offenses have either been dismissed through court hearings or have voluntarily withdrawn their claims.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.”

Rule 11 “requires the determination of a collateral issue: whether the attorney has abused the judicial process, and, if so, what sanction would be appropriate.”

Prewitt stated Maxey and his business, also listed as a defendant in the case, should receive monetary compensation for his expenses involved. None of the plaintiffs who withdrew asked for any compensation.

The list of defendants making accusations of improper conduct and medical procedures has been a steady flow of dismissals since the original Motion for Rule 11 Sanctions was submitted in October 2011.

The lawsuit against Maxey was filed in March 2010, claiming he was performing excessive pelvic exams and pap smears on his female patients. Others complained he had an “unusual way” of performing the exams.

Maxey was advised by the Kentucky Board of Medical Licensure on March 4 of that year, requiring him to have another medical professional present when doing any type of gynecological or breast exams, or from being in the room with a fully or partially disrobed female patient without a chaperone.

Maxey, in turn, filed a lawsuit against London doctor Marc Briere, whom Maxey claims was fearful his practice would compete with that doctor’s medical office. He also claims Briere enticed one of the businesses located in Maxey’s medical complex to move into Briere’s medical plaza on Meyers Baker Road. That case is still pending.