E-FILED

IN COUNTY CLERK'S OFFICE

PIERCE COUNTY, WASHINGTON

December 22 2020 12:12 PM

KEVIN STOCK
1 COUNTY CLERK
NO: 20-2-08094-8
2

7 The Honorable Stanley Rumbaugh

8 STATE OF WASHINGTON
PIERCE COUNTY SUPERIOR COURT
9
ESTATE OF JOHANNA PRATT and
10 MARVIEEN PRATT, NO. 20-2-08094-8

11 Plaintiffs, DEFENDANTS’ ANSWER AND

AFFIRMATIVE DEFENSES TO
12 vs. PLAINTIFFS’ AMENDED COMPLAINT

13 WASHINGTON STATE DEPARTMENT

OF SOCIAL AND HEALTH SERVICES,
14 RAINIER SCHOOL, and MEGAN
DESMET,
15

16 Defendants.

17
Defendants, Washington State Department of Social and Health Services, Rainier School,
18
and Megan DeSmet (collectively, “Defendants”), by and through their undersigned attorneys, and
19
in answer to Plaintiffs’ Amended Complaint, admit, deny, and allege as follows:
20

21 I. INTRODUCTION
22 Defendants deny the allegations contained in the introductory paragraph in Section I of

23 Plaintiffs’ complaint.

24 II. PARTIES

25 1. Defendants admit that at the time of her death JoHanna Pratt was a resident of

26 Pierce County, Washington and a citizen of the United States, but the Defendants are without

DEFENDANTS’ ANSWER AND 1 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
knowledge or information sufficient to form a belief to the truth of the remaining allegations
2
contained therein, and therefore deny the same.
3
2. Defendants admit that Marvieen Pratt is the mother of decedent JoHanna Pratt,
4
but the Defendants are without knowledge or information sufficient to form a belief to the truth
5
of the remaining allegations contained therein, and therefore deny the same.
6
3. Defendants admit.
7
4. Defendants admit.
8
5. Defendants admit that Megan DeSmet’s official capacity with the State of
9
Washington and the Department of Social and Health Services (“DSHS”) is as the current
10
superintendent for Defendant Rainier School, but Defendants deny that Ms. DeSmet was the
11
superintendent at the time of JoHanna Pratt’s death in 2017.
12
III. JURISDICTION AND VENUE
13
1. Defendants admit.
14
IV. SERVICE OF CLAIM FOR DAMAGES
15
1. Defendants admit that a Washington State Tort Claim Form was served on the
16
State of Washington, Department of Enterprise Services Office of Risk Management, on August
17
19, 2020, but the Defendants are without knowledge or information sufficient to form a belief as
18
to the remaining allegations contained therein, and therefore deny the same.
19
2. Defendants admit.
20
3. Defendants admit that more than sixty days elapsed between the service of the
21
respective Claim for Damages referenced above and the original filing of Plaintiff Estate’s
22
Complaint and then the subsequent multiple Plaintiffs’ Amended Complaint, but the Defendants
23
are without knowledge or information sufficient to form a belief as to the remaining allegations
24
contained therein, and therefore deny the same.
25

26

DEFENDANTS’ ANSWER AND 2 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
4. The allegation in paragraph 4 represents a legal conclusion to which no response is
2
required, but to the extent one may be deemed necessary the Defendants are without knowledge
3
or information sufficient to form a belief as to the allegations contained therein, and therefore
4
deny the same.
5
V. SUMMARY OF PERTINENT FACTS
6
1. Defendants admit.
7
2. Defendants admit.
8
3. Defendants are without knowledge or information sufficient to form a belief as to
9
the truth of the allegations contained in paragraph 3, and therefore deny the same.
10
4. Defendants admit.
11
5. Defendants admit that on November 3, 2017, JoHanna Pratt received an outpatient
12
bunionectomy performed by Dr. Byron L. Hutchinson, Dr. Kaitlyn L. Ward, and Dr. Anthony
13
Romano, but the Defendants are without knowledge or information sufficient to form a belief as to
14
the remaining allegations contained therein, and therefore deny the same.
15
6. Defendants admit.
16
7. Defendants admit that written instructions and physician’s orders to JoHanna Pratt
17
were provided for post-operative care from her healthcare practitioners who performed a
18
bunionectomy, and that the instructions included calls to her doctor if she experienced vomiting,
19
itching, shortness of breath, fever, chills, and/or night sweats, but the Defendants are without
20
knowledge or information sufficient to form a belief as to the remaining allegations contained
21
therein, and therefore deny the same.
22
8. Defendants admit that deep vein thrombosis is a medical condition that can occur
23
post-surgery. The remaining allegations contained in paragraph 8 calls for expert testimony to
24
which no response is required, but to the extent one may be deemed necessary, the Defendants deny
25
the same.
26

DEFENDANTS’ ANSWER AND 3 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
9. As paragraph 9 calls for expert testimony to which no response is required, the
2
Defendants are without knowledge or information sufficient to form a belief as to the allegations
3
contained therein, and therefore deny the same.
4
10. Defendants are without knowledge or information sufficient to form a belief as to
5
the truth of the allegations contained in paragraph 10 and, therefore deny the same.
6
11. Defendants are without knowledge or information sufficient to form a belief as to
7
the truth of the allegations contained in paragraph 11, and therefore deny the same.
8
12. Defendants are without knowledge or information sufficient to form a belief as to
9
the truth of the allegations contained in paragraph 12, and therefore deny the same.
10
13. Defendants admit.
11
14. Defendants admit.
12
15. Defendants admit.
13
16. Defendants admit.
14
17. Defendants are without knowledge or information sufficient to form a belief as to
15
the truth of the allegations contained in paragraph 17, and therefore deny the same.
16
18. Defendants admit that at or about 17:13 on November 8, 2017, JoHanna Pratt told
17
Rainier School staff that she was experiencing shortness of breath.
18
19. Defendants admit.
19
20. Defendants admit that Rainier School staff promptly called 9-1-1 and also noted
20
JoHanna Pratt’s vital signs at or about 17:13 on November 8, 2017.
21
21. Defendants admit.
22
22. Defendants admit.
23
23. Defendants admit that EMTs placed JoHanna Pratt on a stretcher to transport her
24
from the house to the ambulance, but the Defendants are without knowledge or information
25

26

DEFENDANTS’ ANSWER AND 4 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
sufficient to form a belief as to the remaining allegations contained therein, and therefore deny
2
the same.
3
24. Defendants are without knowledge or information sufficient to form a belief as to
4
the allegations contained therein, and therefore deny the same.
5
25. Defendants admit that JoHanna Pratt removed the oxygen mask that responding
6
healthcare personnel had administered, but the Defendants are without knowledge or information
7
sufficient to form a belief as to the remaining allegations contained therein, and therefore deny
8
the same.
9
26. Defendants admit that JoHanna Pratt experienced cardiac arrest around or after
10
the time she was transferred to the ambulance.
11
27. Defendants are without knowledge or information sufficient to form a belief as to
12
the truth of the allegations contained in paragraph 27, and therefore deny the same.
13
28. Defendants admit JoHanna Pratt died on November 8, 2017, but the Defendants
14
are without knowledge or information sufficient to form a belief as to the truth of the remaining
15
allegations contained in paragraph 28, and therefore deny the same.
16
29. Defendants admit that the Certificate of Death identifies the cause of death as
17
“bilateral pulmonary thromboemboli” [sic] with other conditions contributing to death such as
18
obesity, but deny the remaining allegations therein.
19
30. Defendants deny in so far this paragraph implies a failure to follow accepted health
20
care provider standard of care and/or calls for speculation or a legal conclusion.
21
31. Defendants admit in so much that investigative reports were prepared by DSHS and
22
the Developmental Disability Administration (“DDA”), but the Defendants deny in so far this
23
paragraph implies a failure to follow any accepted health care provider standard of care.
24

25

26

DEFENDANTS’ ANSWER AND 5 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
32. Defendants deny in so far this paragraph implies a failure to follow any accepted
2
health care provider standard of care or that the Defendants failed to notify a Rainier doctor. The
3
document referenced speaks for itself.
4
33. Defendants deny in so far this paragraph implies a failure to follow any accepted
5
health care provider standard of care. The document referenced speaks for itself.
6
34. Defendants deny in so far this paragraph implies a failure to follow any accepted
7
health care provider standard of care. The document referenced speaks for itself.
8
35. Defendants deny in so far this paragraph implies a failure to follow any accepted
9
health care provider standard of care.
10
36. Defendants deny in so far this paragraph implies a failure to follow any accepted
11
health care provider standard of care, but the Defendants are without knowledge or information
12
sufficient to form a belief as to the truth of the remaining allegations contained in paragraph 36
13
and therefore deny the same.
14
37. Defendants deny in so far this paragraph implies a failure to follow any accepted
15
health care provider standard of care and/or calls for a legal conclusion. The document referenced
16
speaks for itself.
17
38. Defendants deny in so far this paragraph implies a failure to follow any accepted
18
health care provider standard of care and/or calls for a legal conclusion. The document referenced
19
speaks for itself.
20
39. Defendants deny in so far this paragraph implies a failure to follow any accepted
21
health care provider standard of care, calls for a legal conclusion or subsequent remedial actions.
22
The document referenced speaks for itself.
23
40. Defendants admit.
24

25

26

DEFENDANTS’ ANSWER AND 6 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
41. Defendants admit that JoHanna Pratt was regularly assessed for a housing
2
placement in the community outside of Rainier School, but deny all other allegations contained
3
in paragraph 41.
4
42. Defendants are without knowledge or information sufficient to form a belief as
5
to the truth of the allegations contained in paragraph 42, and therefore deny the same.
6
VI. CLAIMS
7
A. WRONGFUL DEATH
8
1. Paragraph 1 contains no allegation and, as such, a response is not required. To
9
the extent a response is required, Defendants deny.
10
2. Defendants deny the allegations contained in paragraph 2.
11
3. Defendants deny the allegations contained in paragraph 3.
12
B. NEGLECT OF A VULNERABLE ADULT: RCW 74.34
13
1. Paragraph 1 is a statement of law and, as such, no response is required. To the
14
extent that a response is required, Defendants deny the allegations in paragraph 1.
15
2. Defendants deny.
16
a. The allegation in paragraph 2a represents a legal conclusion to which no
17
response is required, but to the extent one may be deemed necessary, the
18
Defendants deny the same.
19
b. Defendants deny the allegations in paragraph 2b.
20
c. Defendants deny the allegations in paragraph 2c.
21
3. Defendants deny the allegations in paragraph 3.
22
C. ACTION FOR DEATH OF A CHILD: RCW 4.24.010
23

24 1. Defendants deny.

25 2. Defendants admit.

26

DEFENDANTS’ ANSWER AND 7 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
3. Defendants are without knowledge or information sufficient to form a belief as
2
to the truth of the allegations contained in paragraph 3, and therefore deny the same.
3
4. Defendants deny.
4
VII. JURY DEMAND
5
This is not an allegation, and therefore the Defendants have no response.
6
VIII. RELIEF
7
Defendants deny that Plaintiff is entitled to the relief requested in Section VII, paragraphs
8
1-3.
9
IX. AFFIRMATIVE DEFENSES
10
1. By Way of FURTHER ANSWER and AS AN AFFIRMATIVE DEFENSE, the
11
Defendants allege that the court lacks jurisdiction over the subject matter of the Plaintiff Estate’s
12
causes of action for failure to comply with RCW 4.20.010.
13
2. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
14
DEFENSE, the Defendants allege that the Plaintiff Estate has failed to properly file a claim against
15
the Defendants as required by RCW 4.92.100 and .110 in that the claim filed is insufficient.
16
3. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
17
DEFENSE, the Defendants allege that Plaintiff Estate has failed to include an indispensable party
18
and therefore its action will not lie.
19
4. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
20
DEFENSE, the Defendants allege that the damages and/or injuries, if any, were caused by the fault
21
of a nonparty for purposes of RCW 4.22.070(1) and whose identity is Byron L. Hutchinson, DPM.
22
5. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
23
DEFENSE, the Defendants allege that the Plaintiff Estate’s claims are barred by the applicable
24
statute of limitations.
25

26

DEFENDANTS’ ANSWER AND 8 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1
6. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
2
DEFENSE, the Defendants allege the Plaintiffs have failed to state a claim upon which relief may
3
be granted against the Defendants.
4
7. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
5
DEFENSE, the Defendants allege the Defendants are entitled to an offset from any awards to the
6
Plaintiff Estate herein and by recovery of monies paid on behalf of Plaintiff in accord with RCW
7
43.20B.090 and/or other applicable statutes.
8
8. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
9
DEFENSE, the Defendants allege Plaintiffs’ claims are subject to the statutory requirements set
10
forth in RCW 7.70, et seq.
11
9. By Way of FURTHER ANSWER and AS AN ADDITIONAL AFFIRMATIVE
12
DEFENSE, the Defendants allege that the Defendants reserve the right to add further affirmative
13
defenses, cross-claims, counterclaims, and third-party defendants as additional information
14
becomes known and available.
15
WHEREFORE, the Defendants pray that Plaintiffs’ Amended Complaint be dismissed with
16
prejudice and that Plaintiffs take nothing thereby and that Defendants be allowed its costs and
17
statutory attorney fees herein.
18
DATED this 22nd day of December, 2020.
19
ROBERT W. FERGUSON
20 Attorney General

21

22 s/ Joseph M. Diaz
JOSEPH M. DIAZ, WSBA No. 16170
23 MARK J. RACHEL, WSBA No. 54395
OID No. 91105
24 Assistant Attorneys General
Attorneys for Defendants
25

26

DEFENDANTS’ ANSWER AND 9 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243
1 DECLARATION OF SERVICE
2 I declare that I caused to be served a copy of this document on all parties or their counsel

3 of record on the date below as follows:

4 Party Method of Service

5 Todd H. Carlisle ☐ US Mail Postage Prepaid
DISABILITY RIGHTS WASHINGTON ☐ Certified Mail Postage Prepaid
6 315 Fifth Avenue S., Ste. 850
Seattle, WA 98104 ☐ ABC/Legal Messenger
7 toddc@dr-wa.org
☒ via Linx, per PCLGR 30 (b)(6)
8 Christopher Carney ☒ Via Email by agreement
Sean P. Gillespie
9 CARNEY GILLESPIE PLLP ☐ Hand delivered by:
600 First Avenue, Ste. LL08
10 Seattle, WA 98104
christopher.carney@carneygillespie.com
11 sean.gillespie@carneygillespie.com

12 Attorneys for plaintiff

13 I declare under penalty of perjury, under the laws of the State of Washington, that the

14 foregoing is true and correct.

15 DATED this 22nd day of December, 2020 at Tacoma, Washington.

16 /s/ Jaymie Burton

Jaymie Burton, Paralegal
17

18

19

20

21

22

23

24

25

26

DEFENDANTS’ ANSWER AND 10 OFFICE OF THE ATTORNEY GENERAL

1250 Pacific Avenue, Suite 105
AFFIRMATIVE DEFENSES TO P.O. Box 2317
PLAINTIFFS’ AMENDED COMPLAINT Tacoma, WA 98401
(253) 593-5243