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					1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Rich Bergeron Counter-Plaintiff v. Lucille Iacovelli Counter-Plaintiff

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION =============================== CAUSE # 1:09-cv-0386SEB-JMS

Dr. Barry Eppley, MD, DMD Plaintiff, v. Lucille Iacovelli Defendant.

Dr. Barry Eppley, MD, DMD Counter-Defendant Attorney Todd Richardson Counter-Defendant Lewis & Kappes Professional Corporation Attorneys at Law Counter-Defendant

AFFIDAVIT OF LUCILLE IACOVELLI IN SUPPORT OF DEFENDANT’S ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF AND DAMAGES; AND COUNTERCLAIM FOR DECLAMATORY RELIEF

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Lucille Iacovelli, being first duly sworn, states as follows:

1. I am a pro-se representative in these proceedings currently pending as Dr. Barry Eppley, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MD, DMD v. Lucille Iacovelli, Case #: 1:09-CV-0386SEB-JMS. 2. I make this affidavit in support of the response to the show cause order, Defendant’s Answer to Plaintiff’s Verified Complaint For Temporary Restraining Order, Injunctive Relief and Damages, all other plaintiff pleadings; And Counterclaim For Declamatory Relief. 3. I have personal knowledge of, and I am competent to testify to the facts contained in this Affidavit, except those matters based upon information and belief and, as to such matters, I believe them to be true. 4. On March 30, 2009 at 1:47 PM Dr. Barry Eppley (hereinafter Eppley) filed this case against me in Federal District Court in Indiana with direct intent to silence my ongoing reporting of my personal experience and injury suffered due to his surgery on me in April of 2001. 5. I did not author the comment posting classified in the initial complaint as an “email” from me. 6. I do not now and never did intend to commit suicide on April 18, 2009. 7. I was never forewarned or previously contacted in any manner to inquire as to whether I actually was planning to commit suicide prior to a sudden surprise on March 31, 2009. 8. On March 31 I was preparing to make vegetable soup when five men in blue uniforms, police and 3 EMT's came into my apartment and informed me they were taking me to the hospital against my will. 9. I was forcefully removed from the safety of my home to be committed to a psychiatric unit based on an improperly classified “email” I did not write, which described a bizarre plan to purportedly commit "public suicide" for the sole purpose of "destroying" this doctor. 10. I was subjected to what was, for me, an unspeakable trauma, forced to leave my elderly cocker spaniel alone, and only given a chance to dress by one of the kind EMT's whose compassion overruled the less than sensitive policeman who apparently was incapable of 2

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imagining his wife, sister or daughter being victimized in a similar manner. 11. I rarely leave home, and then only for absolute necessities. 12. Those who have followed my plight for years know of my increasing physical disability, as do people in my community who have witnessed the deterioration of my health since my surgery in Indianapolis eight years ago. 13. Based on an email I did NOT send, which was apparently fabricated for the specific purpose of having me locked up in a psychiatric unit, I was detained for over 24 hours in a hospital ER, observed, then finally interviewed by a social worker from the Massachusetts Dept. of Mental Health who found I was NOT suicidal, in spite of the bogus email, whereupon he recommended to the psychiatrist who authorizes involuntary commitment, that I should allowed to go home. 14. The MD, however, did not follow the advice of the social worker who actually talked with me. Instead, this MD, who probably never actually sees or evaluates patients in person, decided I was to be involuntarily committed. 15. All this happened based on a LIE, a phony email used by the very doctor whose surgery left me suffering from the moment I woke from anesthesia eight years ago. 16. I was forced to wait in the ER until an available bed could be found, which would have been somewhere off of Cape Cod where I live. 17. Meanwhile, my lawyer worked non-stop, and finally, a psychiatrist on staff at Cape Cod Hospital interviewed me for over an hour and concluded that I was NOT suicidal. She overruled the decision of the doctor from Mass. DPH, and I was finally allowed to return home. 18. I was discharged without any "treatment plan" or recommendations because I am NOT suicidal, nor do I suffer from any "mental illness" as is alleged in the lawsuit. 19. Dr. Barry Eppley is intent on silencing me forever and preventing me from sharing my personal experience in a public venue. 20. I do not have any money for an attorney and must accordingly represent myself in this matter until pro-bono assistance can be found. 21. I have never written any defamatory material about Dr. Barry Eppley, and I have been on an educational campaign exposing his history in the industry since suffering injury from 3

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his surgery. 22. Dr. Eppley has tried to get my Internet content removed in the past through scathing letters like those I forwarded to writer Rich Bergeron (see Exhibit A) that threaten Website proprietors with harsh consequences including legal action. 23. Dr. Eppley has always been unsuccessful with his attempts to squelch my truthful reporting about his surgery on me. 24. I have never posted under the handle “lucillebella” and only encountered that posting handle before in regard to a critic of one of my negative reviews of Dr. Eppley on a plastic surgery website. (Exhibit D). 25. The “email” referred to in the initial complaint appears to have come from a comment box on one of Eppley’s sites. The box is similar to that shown in Exhibit C, to which I did not post any sort of suicide message. I am aware of Dr. Eppley’s email address and have no need to use a comment box to communicate with him. 26. I have documented all my postings and included volumes of attached evidence to prove the damage done to me by this crude procedure. 27. I have kept diaries of my struggle in writing and in video format for years to show the progression of the damage and the increasing difficulty I face simply surviving. 28. My constant daily routine revolves around manually holding my muscles in place so I can properly breathe and prevent myself from choking on my own tongue. 29. I am forced to adapt all my activities to account for this debilitating and disabling condition. 30. I awoke from anesthesia after the Eppley surgery, unattended, unable to breathe with my tongue pulling back obstructing my airway and have suffered positional airway obstruction since that day, which has progressed to a life threatening degree. 31. I have tried to reason with Dr. Eppley as far as coming to an understanding regarding providing me with detailed information about my procedure to no avail. 32. Dr. Eppley refuses to acknowledge that he is culpable for the damage and seems to believe I am imagining all my symptoms. My medical records prove otherwise. 33. Evidence I have collected shows Dr. Eppley has a significant history of malpractice. 34. Dr. Eppley lied on the operative report I obtained regarding my surgery that lists a Kevin 4

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O’Neill, MD as the anesthesiologist when O’Neill personally wrote to me, confirming he was not involved in my surgery. (see exhibit B) 35. Several doctors I consulted have pointed out major abnormalities and issues with my neck and facial structure, some of which are easily discernible in videos I’ve produced which clearly depict the extent of this damage. 36. Dr. Stephen Mucci on July 27, 2007 during a visit that was attended by journalist Rich Bergeron, told me I would likely benefit from a tracheotomy to help alleviate my major breathing issue. 37. I was horrified by the prospect of such a procedure and convinced that this drastic measure would not address the cause of the problem, which was Dr. Eppley’s inappropriate excision and fixation of soft tissue which physiologically opposes normal function of breathing, swallowing, jaw closure and neck extension; all of which were adversely effected by Dr. Eppley’s mishandling of my procedure. 38. I have written about “what if” scenarios in regard to what would happen if I tied my hands behind my back in a chair to my doctors here in Massachusetts as well as on the Internet, as a means of emphasizing the life threatening nature of my positional airway obstruction. It has never been my intention to carry out this scenario, and I have never indicated it was on any web-site, in any video or in any letters to my doctors. 39. I am not suicidal and so not suffer from any mental illness, “unspecific” or otherwise. 40. I have been a subject in both the HBO Documentary “Plastic Disasters” and an independent production by documentary filmmaker Erika Hahn entitled, “Losing Face”. 41. Erika Hahn, who worked as Field Cinematographer on the HBO Documentary “Plastic Disasters”, told me she had the opportunity to talk with the doctor who performed the diagnostic procedure shown in the film. 42. The doctor who performed my nasoendoscopy for the film told Erika Hahn privately that I had serious anatomical abnormalities from Dr. Eppley's surgery and that it was so bad he did not think any surgeon would touch me. She explained this to me after speaking with the doctor. 43. I have attached ample records from ENT specialist Steven Mucci, M.D., of whom I was a patient since June 2001 through August 2007 when he retired, documenting progressive 5

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difficulty breathing, swallowing, jaw closure and neck extension, all which occurred as a result of Dr. Eppley’s operation. 44. I have attached reports from my neurologist, Dr. Vincent Birbiglia, whom I saw monthly for narcolepsy since 1993, regarding his observations on the progression on my inability to maintain normal posture and breathe, as well as his notes on the dramatic improvement in posture and speech with the use of home-made devices I was forced to invent to keep functioning. His notes correctly state that my physical problems stemming from Dr. Eppley’s surgery were “mechanical” in nature and that surgery should be effective. 45. I also attached a report from pulmonologist Timothy Herrick, MD, which states a diagnosis of positional airway obstruction caused by Dr. Eppley’s procedure. This is backed up by diagnostics performed in his office and by Dr. Mucci.

DATED this 6th of April, 2009 IN PROPER PERSON

Lucille Iacovelli 3 Deer Hollow Road Forestdale, MA 02644 Attorney Pro-Se Subscribed and Sworn to before me This 6th day of April, 2009:

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