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Show rm u jsk. 3 '&&& M MM 'mm M W J& ZfPTZSss f v t '.-- ? December 27f 2000 More favorable court rulings for health care district A series of favorable court rul- ings has the San Juan Health Services District feeling more confident about the future. In recent weeks,a federal judge dismissed one lawsuit and another federal judge made a favorable ruling in a second massive lawsuit against the district. Despite the rulings, the district is feeling the cost of the lawsuits. The premiums for the district's liability insurance have doubled, with an increased cost of more than $100,000 a year, since the district was hit with a barrage of lawsuits from several patients and former employees. Salt Lake City attorney Susan Schildmeyer is involved in many of the lawsuits. At the current a Bluff of Service the Area, accepts $10,000 grant Kathy Carson (I), time, the claims of at least 13 for the Bluff Community Center from Debra Dull (r), of Utah Power. plaintiffs against the district are combined in a single action in Courtesy photo the federal court of U.S. District Judge Dale A. Kimball. Kimball has released two rulings on the case, both of which Bluff have been strongly worded in favor of the District. In October, Kimball dismissed an $18 The PacifiCorp Foundation the communities served by its million lawsuit against the District filed by three employees of has donated $10,000 on behalf operating units. the Montezuma Creek Clinic in of Utah Power to the Bluff ComEstablished in 1988, the foundation has awarded more than Navgo District Court. Kimball munity Center. This grant will be used to as- $25 million through more than ruled that the tribal courts do sist in the renovation of the 4,000 grants. The foundation's not have authority over state governments, including state Bluff Community Center, said grants have contributed posisubdivisions such Debra Dull, Utah Power retively to the lives of thousands government or as counties health care disgional community manager. of children and adults throughUtah Power has a history of out the western states in com- tricts. On December 14, Kimball partnering with communities to munities where the company ruled that the district's attorney does business. support community development activities and we are Utah Power is a PacifiCorp and insurance company could not be included as defendants in proud to be a part of this company, which serves 1.5 million customers with electricity the lawsuit. He also reaffirmed project. The PacifiCorp Foundation is and related services in six west- that he would not enforce the rulings of a Navajo District the principal meais by which ern states. judge in the matter. PacifiCorp financially supports Motion granted, case dismissed was the ruling in another lawsuit filed against the on district by an December 14. With the four words, Federal District Judge Low test scores in the San scores Jenkins dismissed a case by Dr. Although district-wid- e Juan School District continue to reached the goals, elementary Robert Mena against the Health be a cause of great concern to school students at Bluff, La Sal, Care District. Mena filed the lawsuit in school officials. Mexican Hat, and Montezuma Administrators and the school Creek scored below district goals March, 2000, alleging that the health care district conspired to board reviewed fall test scores for individual schools. at the December 19 school board The same is true for middle take away his medical practice. Mena moved to the area in school students at the Monumeeting. They show that although there are some bright ment Valley and Whitehorse late 1998 and began a practice 8 pots, students, teachers, and schools and high school students as an employee of the district. parents continue to face ob- at the Navajo Mountain and Several months later, he left the stacles. employment of the district and Monument Valley schools. Test scores in south county The school board also honored began a private practice. In November 1999, Menas adschools continue to lag behind the 24 years of board service by national averages and, in sevPreston Nielson of Blanding. mitting privileges to San Juan eral cases, behind district goals Nielson recently died unexpect- Hospital expired. The lawsuit contends that Mena was denied for test results. edly after more than 24 years of his right to practice medicine service on the school board. and that the district had simply PacifiCoip donates $10,000 to Community Center renovation project School board watches test scores COPY refused to process his application for hospital privileges. In oral arguments before Judge Jenkins, attorneys representing the district argued that Menas application for hospital privileges was never denied. They argued that Mena simply withdrew his application for privileges and they simply expired. A written order from the court is pending on the action. In yet another lawsuit against the district by an a January 9 hearing is scheduled to hear a request by the district to dismiss a lawsuit filed by Mary Nielson. Nielson filed suit in March claiming that she was forced out of the management team at the Health Care District because she did not go along with plans to preserv e the status quo in the District. The U.S. Equal Employment Opportunity Commission has closed its files on Nielsons charges. The EEOC stated that based upon its investigation, the EEOC is unable to conclude the information obtained establishes violations of statutes. The Montezuma Creek lawsuit - filed by Donna Singer, Fred Riggs, and Alison Dickson - was initially heard in the Navajo District Court in Shiprock, New Mexico. Over the course of the past year, J udge Raymond Begaye made a series of rulings against the district before an actual trial was even held, stating that the district was guilty of mismanagement, nepotism, witness intimidation and a host of other charges. The rhetoric in the rulings increased in intensity until there were accusations that the district was engaged in genocide against the residents of the Montezuma Creek area. After the district refused to pay more than $24 million in Navajo Court-ordere- d rillMM I I Reflections contest winners named at Monticello Eleme- ntal Scnool - See page 2 Letters to Editor - See page 4 Monticello Bucks defeat San Juan Broncos on the wrestling mats See page 8 Fond memories of holidays past See Free to Run. - page 13 Christmas traditions in La Sal - See Northern News, page 14 Cave Man serenades captive audiences at the San Juan Hospital - See My View My Cave, page 15 tiUM& Kaitlyn Marie girl Jeri & Todd Montella December girl 1 1 Alexis Jewel Carol Pionke December 12 Ethan Martial Michelle & Randy Hoggard boy December 15 fines, Schildmeyer requested that the federal court step in and back up the Navajo Court rulings. rcSHWlHri I Schildmeyers request not only listed Singer, Riggs and Dickson as plaintiffs, but also other of her clients, including Dr. Steven MacArthur, Dr. Nathaniel Penn, Physicians Assistant Michelle Lyman, and seven patients of the district. o Instead of backing up the Na-vaj- Court ruling, Kimball ruled that Begaye made findings... based solely upon plaintiffs briefs and without input from the defendants. As a result, this court will not enforce any order from any court that is made under such circumstances. INDEX NEWS ROUNDUP. LETTERS SOCIETY SPORTS COMMUNITY NEWS LEGALS REAL ESTATE. CLASSIFIEDS 2 4 6 8 12 16 17 j 19 $ 8 1 to rrr |