COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

JUNE 9, 1997

3:00 P.M.

B & A MEMBERS: Swanson, Wishnie, LaMotte, Darcy, Young, Abinanti, Delfino

OTHERS: C.E.’s Office: Gina Angiulo-IGR; Law Dept: County Attorney Marilyn Slaatten; Budget Department: Leslie Bennett; WCMC: Barbara DeCesare-Risk Management; Women’s Advisory Board: Betty Wurster; CBAC: George Hosey, Barbara Strauss; BOL: Legislator Carsky, Pat Gorski, Dan Rodriguez, George Gretsas, Robert J. Boland-Budget Analyst, Glenn Guzi-Program Specialist, Tina Seckerson-Secretary to Committee

Co-Chairs Swanson and Wishnie called the meeting to order at 3:05 p.m.

DISCUSSION: (There is a cassette tape on file for more detailed information)

On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to approve the Minutes of June 2, 1997 was carried by a vote of 4-0 (Legislators Young, Delfino and Abinanti out for vote).

A lawsuit has been instituted by the Federated Conservationists of Westchester, Inc., et al.

20.* COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the lawsuit of Frank Valentine as Executor of the Estate of Maryann Valentine v. County of Westchester and the Westchester County Medical Center. (6/2/97)

• Ms. Slaatten gave an overview of the case.

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• This is a medical malpractice action brought by Frank Valentine on behalf of his deceased wife, Maryann, alleging that a chemical burn to her right arm on April 21, 1992 was the result of the negligent administration of chemotherapy at WCMC.
• At trial, plaintiff will attempt to prove, and a jury may believe, that due to the alleged departure from accepted medical practice of continuing to use a heparin lock to infuse the chemotherapeutic drug Cisplatin when Mrs. Valentine had earlier problems with other heparin lock infusions, she sustained a chemical burn to her arm. Mr. Valentine will also argue that as a result of the chemical burn, Mrs. Valentine developed chronic ulceration, tightening of the skin and pain at this site.
• The County’s outside counsel recommends, along with the County Attorney, that this case be settled for an amount not to exceed $150,000.

21.* COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the lawsuit entitled Wendy Blumenthal and Lawrence Blumenthal, as Administrators of the Estate of Nancy Blumenthal, Wendy Blumenthal, individually, and Lawrence Blumenthal, individually v. Harvey N. Lothringer, individually, et al. (6/2/97)

• This lawsuit was brought on by the parents of Nancy Blumenthal alleging wrongful death, negligent and intentional misconduct, medical malpractice, deprivation of liberty interests and extreme emotional distress in connection with her suicide.
• The settlement asks for the County to pay an amount not to exceed $700,000 inclusive of attorney’s fees. The total settlement would be $1,450,000. The remaining $750,000 is to be paid by EMSA.
• Pursuant to the proposed stipulation of settlement, if this matter is to be settled, the BOL and the County must fully approve the settlement by July 31, 1997. Prior to the settlement, Andrew P. O’Rourke and Joseph M. Stancari were dismissed out of the case.

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• EMSA’s contract is to provide comprehensive health care services to the inmates at the Westchester County Department of Correction for a term commencing on January 1, 1996 and terminating on December 31, 1997. As part of this contract EMSA is to indemnify the County from any and all liability or costs arising directly or indirectly out of acts or omissions by EMSA or of third parties under EMSA’s control or direction. EMSA is to provide defense for the County against any and all claims or causes of actions which arise directly or indirectly out of EMSA’s agreement with the County. The contract requires that EMSA be responsible for all costs and expenses related to the County’s defense.
• Upon being incarcerated Ms. Blumenthal was referred to EMSA for a psychiatric evaluation and was housed on the female psychiatric block (B Block). after several interactions with EMSA medical staff and two CPL 730 exams, she was diagnosed with a "serious personality disorder, paranoid and mixed" as well as chronic depression". Dr. Lothringer, one of EMSA’s psychiatrists who had performed a CPL exam, discontinued Ms. Blumenthal’s psychotropic medication, Zoploft, which had purportedly been prescribed by her private psychiatrist at least a year prior to her incarceration.
• Ms. Blumenthal was seen and evaluated several times by EMSA medical staff for medical and/or psychiatric problems and placed on suicide watch. On May 18, 1996, at the start of the 11:00 p.m. shift, the B Block officer was doing rounds and discovered she had committed suicide.
• After her suicide the C.E. requested Dr. Mark Rapoport, Commissioner of Health, conduct an inquiry. A written report was submitted to Mr. O’Rourke. In addition, The NYS Commission of Correction investigated and issued a final report.
• Outside counsel for the County also recommends this matter be settled by payment by the County in an amount not to exceed $700,000 inclusive of attorney’s fees.

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22.* COUNTY ATTORNEY: Proposed Act requesting authorization to commence legal action against EMSA Limited Partnership, its agents and any other related and necessary parties for violation of obligations in relation to the current contract between EMSA Limited Partnership and the County of

Westchester. (6/2/97)

• This action is based on failures relating to the contract between EMSA and the County.
• In connection with the Blumenthal lawsuit, and pursuant to the terms of its contract with EMSA, the County made a timely demand to EMSA for defense and indemnification. EMSA refused to defend the lawsuit on behalf of the County.
• The County believes this position is contrary to the express terms of the County’s contract with EMSA.
• EMSA has either refused to bear defense costs and hire counsel to defend the County or has failed to respond to the County’s demand for defense and indemnification in other cases.
• The County’s outside counsel recommends that a lawsuit be initiated against EMSA to enforce the County’s rights under the current contract with EMSA, including the recovery of all money the County has expended to defend and/or settle various other actions or claims, plus interest. There are additional potential causes of action against EMSA, its agents and related and necessary parties for failure to fulfill obligations to the County in connection with the settlement of the Blumenthal case.

On motion of Legislator Darcy, seconded by Legislator Young the motion to go into Executive Session to discuss, in detail, the above referenced lawsuits/settlements was carried by a vote of 7-0 at 3:25 p.m.

On motion of Legislator Darcy, seconded by Legislator LaMotte, the motion to come out of Executive Session was carried by a vote of 7-0 at 3:55 p.m.

On motion of Legislator Swanson, seconded by Legislator Abinanti, the motion to approve Item #20 was carried by a vote of 7-0.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve Item #21 was carried by a vote of 7-0.

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On motion of Legislator Darcy, seconded by Legislator Young, the motion to approve Item #22 was carried by a vote of 7-0.

6. COUNTY EXECUTIVE: Proposed act authorizing the County to enter into an IMA with the City of New York whereby the City will pay the County for engineering and administration work associated with the repair of three sections of the County’s sanitary sewers. (5/19/97) (Also referred to PW)

11. COUNTY EXECUTIVE: Proposed legislation authorizing the County to enter into an IMA with the City of New York whereby the City will pay the County to perform construction repair work to three sections of the County’s sanitary sewers. (5/19/97) (Also referred to PW)

• Mr. Abinanti requested a copy of the IMAs with regard to items 6 and 11 referenced above. The Co-Chairs will request it in writing.
• These two items were discussed and signed out by the Committee on Public Works earlier today.

On motion of Legislator Darcy, seconded by Legislator Young, the motion to approve Items 6 & 11 was carried by a vote of 7-0.

The Committee discussed the possibility of hiring an outside engineer (in addition to the Administration’s engineer) to perform a structural review. The matter will be discussed further at a future meeting.

The Committee Co-Chairs will send a memo to the Administration inquiring as to the name of the engineer hired to do the structural review.

There being no further items for discussion, on motion of Legislator Delfino, seconded by Legislator Darcy, the meeting was adjourned at 4:10 p.m.