Methadone Clinics Can Be Liable for Corporate Negligence Rules a Pennsylvania Court

A press release announces a landmark ruling by a Pennsylvania Court on Monday. A Blair County Common Pleas Court judge has ruled that methadone clinics can be liable for corporate negligence, just like hospitals. This is believed to be the first ruling of its kind in Pennsylvania.

The ruling comes as a result of a lawsuit brought before the court in 2004 against a private for-profit methadone clinic in Pennsylvania, a hospital, and a psychiatrist. The estate of Crystal M. Ickes filed this suit with the court. Crystal M. Ickes was a single
Methadone Clinics Can Be Liable for Corporate Negligence Rules a Pennsylvania Court
Date: August 6, 2007
Altoona, PA
United States of America
 mother of three who died in a car crash shortly after leaving Alliance Medical Services, Inc., a methadone clinic in Johnstown, PA. Crystal was returning home after her visit to the clinic, a journey of 46 miles back to her home in neighboring Altoona, PA.

Less than an hour after receiving the methadone dose, the car Ickes was driving crossed a median strip and struck a car operated by Matthew Stever, who suffered head injuries resulting in permanent neurological damage.

The Ickes complaint states that the combination of methadone, anti-depressants, and sleeping pills had impaired her ability to drive safely. The complaint states that she must have either suffered a seizure or fallen asleep at the wheel. This conclusion is supported by the fact that her car left no skid marks during this incident.

Judge Hiram A. Carpenter stated in this opinion, "For purposes of corporate liability, Alliance clearly meets the criteria of a healthcare provider." Alliance attorneys cited a Superior Court decision in Shannon v. McNulty, a lawsuit against an HMO. This case concluded that corporate liability is inapplicable to facilities that deal with limited aspects of a patient's care. Hospitals, on the other hand, provide a total healthcare approach to their patients.

The judge disagreed, however, and argued that the defendants' reliance on Shannon was "misplaced." The judge cited another case, Thomson v. Nason, where the Pennsylvania Supreme Court revealed a two-prong corporate liability test that the judge felt was met in the Ickes case.

Related information
  • Methadone involved in several recent cases
 
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I am Cystal Ickes' sister and I don't think people understand what we went through with her. She was a different person after she started the clinic she couldn't even take care of herself, it was horrible to see that and because she was of age there was nothing we could do. What people are not understanding is these doctors and clinics all seen this there is no way you couldn't and even after us begging them to do something nobody would. I think everybody knew they were to blame but didn't want to admit so they just passed her around and wouldn't do anything and yes Crystal was an adult but at the time her mind was not letting her think like one thats why we needed these doctors to get involved I think money played a big part if they stopped treating her or took the blame they lost her money but guess what now they are getting nothing because of them she is dead.

Posted on 03/26/2009 at 8:03:29 AM

Dwayne,I truly am sorry for the loss of your daughter and it does seem to me like you are going through the normal emotions with her death. I do have to say in defense to methadone that your daughter was on a few medications now im not sure what they were but from whta you said she had im sure they were strong. When you start the clinic you are fully aware that there are some side affects that come along with methadone maitenence. If you are at a dose that is just enough for you then there should be no sleeping or as they say nodding at all but when you start mixing physch meds and anti depresents then yes you will get tired. She also had a long drive to and from the clinic thats part of the problem people face no one wants a methadone clinic in there back yard yet people want the crime and drugs to stop but until good decent clinics come around it will remain the same. Again i truly am sorry and i wish you did not feel the way you do. Im sure crystal would say dad methadone helped

Posted on 03/11/2009 at 12:03:15 PM

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Posted on 03/07/2009 at 10:03:52 AM

My name is Dwayne Ickes and my little girl was Crystal Maric Ickes who was taken from us 8/5/04 by the death sentence called Methodone.Our great leader figure something that Hitler's Nazis created.To be better and last longer than Herion would be a great money marker. The only thing to make them mad is if you die .They lose tax revenue . All I know is our littl girl is in the armes of the Angel and if you don't like my opinion, [TOO BAD].

Posted on 03/01/2009 at 12:03:30 PM

i lost my daughter-crystal ickes to methadone. my opinion is methadone is made to kill and make a profit doing it.

Posted on 02/22/2009 at 9:02:12 AM

i am here today because of methadone.....period. i was addicted to opiates for meny years. i had been to many many detox and other programs. i started methadone and never looked back. i was in MMT for 16 monthes, got off the methadone just fine. I nevr used again. u have to want it 110% ive been clean 4yrs now and have a beautiful son. people that halfass methadone treatment are taking a big risk

Posted on 02/18/2009 at 10:02:59 PM

I lost a son to methadone in aug. of 2006.He got hucked on pain pills that doctors gave him, for this pain or that pain.He didn't have very healthy teeth,that is where it started.Then he wanted more and more .The Drs. didn't care.then he tried to wean himself off them and of course there are alwasys someone to help him,either with pain pills or methadone.then he was taking both.One would make him vomit so he thought in his beautiful head that he needed more since he got sick.so He overdosed on them.HE WAS ONLY 25YEARS OLD.He had started a family,he had three beautiful boys and a beautiful daughter.A great loss to loose such a good man and a wonderful father! by a mom

Posted on 01/14/2009 at 3:01:56 PM

i lost abrother due to methodone , if they give them methodone why don't they let you drink alcohol what different is it. If vyou think that methodone is the only drug they are using you are not a very intelligent. tell everyonre you want to start their mornings staanding in lines wait your turn, then leave get your crank or herione or any of the other drugs. I was robbed by my brother and nephew and his girlfriend. for their other drugs after leaving a methodone clinic. Indianapolis, in . stay off of keystone and 46th street if you value your life.

Posted on 10/28/2008 at 6:10:04 PM

i am a patient at a penna. clinic and have lost friends to overdoses . i think that there are legitamate arguments for both sides but to leave clinics immune to litagation is dangerous. if a clinic's employes actions or inactions are so lacking obvious care or concern that harm occurs the injured party should be able to find relief in court . to do other wise is to say that the people on methadone are second class citizens and do not deserve those remedies that other people take for granted when it comes to health care.

Posted on 09/11/2008 at 9:09:58 AM

www.HARMD.org Helping America Reduce Methadone Deaths

Posted on 12/12/2007 at 5:12:12 PM

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