US Supreme Court accepts Pro Se Writ of Certiorari - but doesn't accept renown Massachusetts law firms Opposition
WASHINGTON, April 26, 2022 /PRNewswire/ -- In Brian K. Evans v. Ronald Marvin, MD and Nurse Anne Marie Mede (Anne Marie Mede was found to be negligent in a Lawrence, Massachusetts Superior Court jury verdict (see April 22, 2022 Entry, "Reply of Petitioner Brian K. Evans filed"- Main Document App. 4), the United States Supreme Court today, while accepting the filing of a Writ of Certiorari filed by Pro Se plaintiff Evans, did not accept the Opposition filing filed by the law firm of Foster & Eldridge on Woburn, Massachusetts.
The case, which can be reviewed at https://www.supremecourt.gov/search.aspx?filename=%2Fdocket%2Fdocketfiles%2Fhtml%2Fpublic%2F21-1257.html&fbclid=IwAR3xuz_La_8o25thh_l-M0l9W-YrlhR3D7rltLVB_uWZcJ1gy998ndvJRss through the United States Supreme Court, displays that the Pro Se plaintiff's filings were accepted while the Massachusetts high profile firm in the medical malpractice case regarding Evans' mother, Helen Marie Bousquet, was not.
Mrs. Bousquet, who had Sleep Apnea, died on October 5, 2012 following knee surgery. Evans has been appealing ever since.
Cerberus Capital Management of New York owns Steward Health Care, who owns Holy Family Hospital as state in Evans April 22 reply brief.
Evans was alleging in his Appeal in Massachusetts that Lawrence Superior Court judge Salim Tabit should have revealed that his wife, a doctor, had admitting privileges at the very hospital Evans was suing.
In an Order from the Massachusetts Appeals Court, the court, ruling against Evans, said "While it may have been better practice for the judge prior to reveal that his wife has admitting privileges…," became the reasoning behind the Writ of Certiorari (see Order, App 9, footnote marked 12 on April 22, 2022 Entry, "Reply of Petitioner Brian K. Evans filed" on the US Supreme Court website).
"This was not a small claims case, and the United States Supreme Court must protect the 14th Amendment, which says 'A defendant has a due process right to an impartial judge under both state and federal Constitutions," says Evans. "For the Massachusetts Appeals Court to admit it would have been "better practice" to let us know the judge was married to a doctor in this case was something we had a right to know, and while I know that it's a slim chance that the U.S. Supreme Court will hear this case because my last name isn't Trump, who seems to get fast-tracked with anything he files, I am in the least documenting this historically. The Massachusetts Appeals Court should have, in the least, remanded the case to see how deep the rabbit hole went as it pertained to the judge's wife's connections to this hospital, which we now know was at least admitting privileges. In my opinion, the Massachusetts Appeals Court didn't want to know," Evans concludes.
39 US governors have issued Sleep Apnea Proclamations since Bousquet's passing, which can be seen at helen-bousquet.com.
SOURCE Brian Evans
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