Case details

Sonographer claimed doctor sexually assaulted her

SUMMARY

$200000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, groped lower body, groped upper body, post-traumatic stress disorder, PTSD, sexual assault
FACTS
On April 10, 2013, plaintiff Yunuen Campos, a cardiac sonographer, was allegedly sexually assaulted by Dr. John Kennedy at Kindred Hospital South Bay, in Gardena. After Campos filed a complaint, Kennedy took voluntary leave from Kindred Hospital South Bay for four months before the hospital restored his privileges. During that time, the complaint was investigated, but the District Attorney’s Office declined to file charges against Kennedy, who had previously provided television commentary on medical issues on many occasions. Campos sued Kennedy; Kennedy’s medical office, John M. Kennedy, M.D., Inc.; and the operator of Kindred Hospital South Bay, Kindred Healthcare Operating Inc. KND Development 53 LLC was later added as a defendant in an amended complaint. Campos alleged that Kennedy’s actions constituted sexual battery, gender violence, and civil rights violations and that Kenndey’s office was liable for his actions. She also alleged that Kindred Healthcare and KND Development 53 were liable for Kennedy’s actions. The Kindred entities were ultimately dismissed from the case, as they settled with Campos in January 2015. Thus, the matter proceeded to trial against Kennedy, but it resulted in a mistrial on April 27, 2015. As a result, the matter was set for retrial. During the retrial, Campos claimed that while she was delivering a report concerning a patient to the doctor’s lounge in the mid-afternoon, Kennedy forced her against the wall several times and groped her upper and lower body. She also claimed that Kennedy attempted to force her into a nearby bathroom, but that she was able to break free and eventually leave the doctor’s lounge. Campos alleged that she then went to her vehicle, where she contacted the hospital management and police. Plaintiff’s counsel noted that a medical assistant for Kaiser Permanente, Kennedy’s previous employer, also allegedly experienced inappropriate conduct by Kennedy. Kennedy denied ever touching Campos. Defense counsel argued that there was no evidence to substantiate Campos’ claims. Specifically, counsel argued that although Kennedy has privileges to see patients at the hospital, Campos claimed the incident occurred during a patient emergency and within an hour of Campos meeting Kennedy for the first time. Counsel also noted that Campos was unlicensed and had only been to Kindred Hospital South Bay on three occasions, just to cover for an outside sonography service. In addition, defense counsel contended that the prior alleged inappropriate incident that the Kaiser Permanente scheduler testified to involved an incident 15 years ago, when the scheduler complained of being surprised when Kennedy spoke to her when she thought she was alone. According to defense counsel, he was not permitted to present evidence of Campos’ own questionable behavior, such evidence of alleged credit card fraud and identity theft, and an alleged faking of an assault and kidnapping just months before her claims against Kennedy., Campos claimed that she was sexually assaulted. She no longer provides services at Kindred Hospital South Bay, and she sought recovery for her emotional distress as a result of the alleged attack. Specifically, Campos claimed that she suffers from post-traumatic stress disorder, for which she is seeking treatment. Campos also sought recovery of punitive damages. Defense counsel noted that Campos filed a statement of damages claiming $8.5 million in damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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