Hospital dismissed from lawsuit involving alleged patient rape

St. Clair County Circuit Judge Vincent Lopinot on Jan. 3 dismissed St. Elizabeth’s Hospital from a lawsuit involving the alleged rape of a patient.

The patient’s guardian filed suit against the hospital and an unknown person identified as “Criminal Joe,” on July 23, 2010. The guardian claimed he brought the mentally disabled person, who became a patient, to St. Elizabeth’s in June 2009 for behavior problems.

The complaint further alleged that St. Elizabeth’s placed the man into a room in the psychiatric ward with a rapist and failed to supervise them.

St. Elizabeth’s filed a motion Jan. 3 for a good faith settlement, stating it reached a fair settlement with the plaintiff.

“St. Elizabeth’s Hospital will cause to be paid in a confidential sum to the plaintiff, guardian of the estate of John Doe, a disabled person,” the motion stated.

Court papers say that the plaintiff releases St. Elizabeth’s Hospital, its agents, servants, employees, successors, insurers and assigns, parents and subsidiaries and will not further sue the hospital.

Lopinot also wrote that his order did not dismiss the plaintiff’s claims or causes of action against the remaining defendant - Criminal Joe.

Chris Kolker of Kolker Law Offices in Belleville represented the plaintiffs.

Michael J. Nester and Chi-Yong Throckmartin of Donovan, Rose, Nester & Joley represented the hospital.

St. Clair County Circuit Court case number: 10-L-381.