Lesbian Seeks Justice for Deceased Partner
September 29, 2009
9/29/2009
A Florida court has rejected Lambda Legal's lawsuit filed against Jackson Memorial Hospital in 2008 on behalf of Janice Langbehn, the Estate of Lisa Pond and their three adopted children.
In February 2007, the family was tragically kept apart by hospital staff for eight hours as Pond slipped into a coma and died. Surviving partner Janice Langbehn was told that she was in an antigay city and state and that she could expect to receive no information or acknowledgment as family.
Staff Attorney Beth Littrell says, "The court's decision paints a tragically stark picture for how vulnerable same-sex couples and their families are during times of crisis."
Lambda Legal has until October 16 to review the ruling with the family and consider all legal options.
The case is Langbehn v. Jackson Memorial Hospital.
Staff Attorney
“The court's decision paints a tragically stark picture for how vulnerable same-sex couples and their families are during times of crisis.”
Janice Langbehn and Lisa Pond, together 18 years, had planned to take their three children on a family cruise. But just as they were about to depart from Miami, Lisa, a healthy 39-year-old, suddenly collapsed. She was rushed to Jackson Memorial Hospital in Miami with Janice and the children following close behind.
Almost immediately they encountered prejudice and apathy. The hospital refused to accept information from Janice about Lisa’s medical history. Janice was informed that she was in an antigay city and state, and she could expect to receive no information or acknowledgment as family. A doctor finally spoke with Janice telling her that there was no chance of recovery.
Other than one five minute visit, which was orchestrated by a Catholic priest at Janice’s request to perform last rites, and despite the doctor’s acknowledgement that no medical reason existed to prevent visitation, neither Janice nor her children were allowed to see Lisa until nearly eight hours after their arrival. Soon after Lisa’s death, Janice tried to get her death certificate in order to get life insurance and Social Security benefits for their children. She was denied both by the State of Florida and the Dade County Medical Examiner.
“There is nothing that can make up for what my children and I endured that day,” Janice says of the day Lisa died. “We only want the hospital to take responsibility for how they treated us and ensure that it doesn’t happen to another family.”
The case is Langbehn v. Jackson Memorial Hospital.
