Suit: LSU illegally shut down Charity Hospital

A class action suit filed in New Orleans on Jan. 17 alleges that LSU illegally shut down the city's Charity Hospital, thus denying health care services to tens of thousands of the poor and uninsured in the region. Seven New Orleans residents with serious chronic health care conditions filed the lawsuit in Criminal District court. The lawsuit claims that LSU illegally shut down Charity in October 2005, because it did not have the prior approval of the state legislature, and because it has not subsequently provided replacement health care services at the same level in the region. Last June the Lousiana Attorney General issued an opinion that a statutory requirement applicable to Charity Hospital states "No hospital or emergency room may be closed without legislative approval." Another state statute "prohibits any one of the Charity hospitals from reducing health care services or expenditures by 35 percent. If a reduction of more than 15 percent is contemplated in more than one fiscal year, legislative approval is necessary" according to information distributed at a press conference announcing the filing of the lawsuit. LSU has not received legislative approval on either issue. At the press conference in Kingsley House, former Criminal District Court Judge Calvin Johnson said the purpose of the lawsuit is "to make sure the least of us are provided with health care. "This is not simply about opening the building," Johnson continued. "It's to make sure everyone in the region is provided with health care. This has been a significant obstacle to recovery. Johnson retired as Chief Judge of the court earlier this month to lead the legal team litigating the suit. According to the statement handed out at the press conference, "This is a class action brought on behalf of more than 100,000 uninsured individuals who have depended on Charity Hospital for treatment of serious medical conditions." Lower 9th Ward Clinic Director Alice Kearney reported that Charity's "closure has created a negative impact on low income clients. The private sector is ill equipped to provide necessary services. The result is that client's physical and mental health care is compromised. There has been inaction and slow responses at every level. Ultimately, health care delayed is health care denied." Two New Orleans police officers described how their jobs as crisis interveners has become more difficult since Charity's closure. Ceil Tabo spoke with a cast on one arm as a result of a recent assault by a chronically mentally ill person who is not receiving proper health care now. "It's an epidemic," Tabo said. "There's almost no psychiatric beds now." City councilor Shelly Midura said that "increasing crime, substance abuse and growing homelessness are indications of lack of health care" in the city since Charity's closure. Long time activist Brad Ott, who initiated the campaign to redress the injustices brought on by the closing of Charity, said at the press conference: "I've waited two years for this day. But we can't afford to be complacent now. We have to bring the campaign to the public and the judicial system. We have to reopen Charity or provide health care replacement elsewhere. They saved my live. There were more than 150 clinics there, but only 34 now, and they're only open part time. If it hadn't been for the Common Ground and Lower 9th Ward clinics, I don't know what we would've done." At the end of the press conference Judge Johnson introduced two of the lawsuit's plaintiffs. As those present applauded loudly, one of them, Ronald Newman, wiped tears from his eyes.