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Ascension Response To Schara Lawsuit
Ascension Response To Schara Lawsuit
FILED
05-15-2023
Clerk of Circuit Court
STATE OF WISCONSIN - CIRCUIT COURT- OUTAGAMIE COUNTY
Outagamie County
2023CV000345
SCOTT SCHARA,
Plaintiff,
and Case No. 2023-CV-345
Case Codes: 30103, 30104,
30105, 30701
WISCONSIN DEPARTMENT OF HEALTH SERVICES,
Involuntary Plaintiff,
vs.
Defendants.
ANSWER OF DEFENDANT
INJURED PATIENTS AND FAMILIES COMPENSATION FUND TO COMPLAINT
Compensation Fund, by its attorneys Nash, Spindler, Grimstad & McCracken, LLP, and
by way of an answer to the plaintiffs’ complaint respectfully admits, denies and alleges as
follows:
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph. Further answering, affirmatively assert that Ascension Health is not a
Fund participant.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph. Further answering, affirmatively assert that Hollee McInnis, RN is not a
Fund participant.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph. Further answering, affirmatively assert that Alison Barkholz, RN is not a
Fund participant.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
15. Answering paragraph 15 of the Complaint, deny as phrased and allege that
the Injured Patients and Families Compensation Fund is a risk-sharing pool whose rights
and obligations are set forth in Wis. Stats. Ch. 655 and related provisions, and its liability
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limitations of liability, as outlined in Chapter 655, Wis. Stats. and its companion statutes,
and to the extent the allegations contained in paragraph 15 of plaintiffs’ complaint are
inconsistent, the same are denied. Further answering said paragraph, denies that
Ascension Health, Hollee McInnis, RN and Allson Barkholz, RN are Fund participants.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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and incorporates, as if fully set forth herein, all paragraphs of the above answer.
sufficient to form a belief and, therefore, denies the allegations contained in said
paragraph and alleges that said paragraph fails to state a claim as a matter of law.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
81. Answering paragraph 81 of the Complaint, denies and alleges that said
82. Answering paragraph 82 of the Complaint and all of its subparts, denies and
and incorporates, as if fully set forth herein, all paragraphs of the above answer.
sufficient to form a belief and, therefore, denies the allegations contained in said
paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
and incorporates, as if fully set forth herein, all paragraphs of the above answer.
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94. Answering paragraph 94, allege that Wis. Stat. § 448.30 contains specific
language which, together with caselaw, speaks for itself and therefore denies the
paragraph as phrased.
95. Answering paragraph 95, allege that Wis. Stat. § 448.30 contains specific
language which, together with caselaw, speaks for itself and therefore denies the
paragraph as phrased.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
and incorporates, as if fully set forth herein, all paragraphs of the above answer.
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sufficient to form a belief and, therefore, denies the allegations contained in said
paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations and alleges
information sufficient to form a belief and, therefore, denies the allegations and alleges
information sufficient to form a belief and, therefore, denies the allegations and alleges
and incorporates, as if fully set forth herein, all paragraphs of the above answer.
sufficient to form a belief and, therefore, denies the allegations contained in said
paragraph.
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information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
information sufficient to form a belief and, therefore, denies the allegations contained in
said paragraph.
follows:
114. The plaintiffs’ claims may be subject to the provisions and protections of the
The Public Readiness and Emergency Preparedness (PREP) Act, Wis. Stat. § 895.4801
and/or any similar state or federal law that may have been applicable during the care
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115. Any and all injuries or damages sustained by Plaintiffs may be a direct and
116. Plaintiff’s condition may have been the result of natural disease progression
beyond the control of, and unrelated to the acts, omissions or conduct of Defendants.
117. Plaintiff’s condition may have been the result of pre-existing conditions
beyond the control of, and unrelated to the acts, omissions or conduct of Defendants.
118. Any and all claims, injuries or damages sustained by the Plaintiffs as alleged
in this action are subject to the protections of, and are strictly limited pursuant to, Chapter
and controlled by Wisconsin Statute Chapter 655 and other applicable Wisconsin
Statutes.
120. Punitive damages are not available in an action against a health care
123. The plaintiffs’ claims may be barred by the applicable statute of limitations.
124. The complaint fails to state a claim upon which relief may be granted as to
some or all of the claims, including but not limited to Claim I, Claim IV and Claim V.
are liable for costs as set forth in Wis. Stats. §814.04 if these answering defendants
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126. The claims in this case are subject to the exceptions to informed consent
127. The plaintiffs cannot recover medical expenses that have been paid for by
128. That Hollee McInnis, RN is not a Fund participant and has no Fund
coverage as pled.
129. That Alison Barkholz, RN is not Fund participant and has no Fund coverage
as pled.
130. That Ascension Health is not a Fund participant and has no Fund coverage
as pled.
131. The summons is defective and therefore the Court may lack personal
132. This defendant adopts and incorporates by reference any and all affirmative
defenses asserted by other defendants in this lawsuit to the extent such affirmative
defenses are not raised herein and are not inconsistent with the defenses raised by this
defendant and reserves the right to assert any additional affirmative defenses which may
become available during the pendency of this action. Defendant also joins any motion to
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Mailing Address:
PO Box 130
Manitowoc, WI 54221-0130
920-684-3321
Fax: 920-684-0544
[email protected]
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