Whitley dispatcher wins $12,000 settlement from county

An insurer for the county has agreed to pay a $12,000 settlement to a 911 Center dispatcher in order to avoid a lawsuit over the illegal release of her medical information by workers for Whitley County EMS.

A final pre-litigation settlement was approved March 4 through the Kentucky Association of Counties All Lines Fund with Misty Gavin. The move came after Gavin, through Williamsburg attorney Ronald Bowling, threatened to sue the county, it’s EMS service and Director Kelly Harrison, for violation of the Health Insurance Portability and Accountability Act (HIPPA) — a law that, among other things, guarantees the medical privacy of individuals.

In a letter of demand, sent to Whitley County Judge-Executive Pat White Jr. on Nov. 15, 2013, Bowling says that on Aug. 9, 2013, at about 10:30 p.m., Gavin called 911 because “she knew she required treatment” for an unspecified ailment, and needed to be transported by Whitley EMS. First responders were Brandon Woods, with Whitley EMS, and Rick Mosley with the Williamsburg Police Department. Subsequently, Whitley EMS employees Matthew Corbin and Kim Luttrell responded.

Gavin asked for another ambulance crew when she found out Luttrell was responding due to “personal dealings” with her in the past. The letter does not describe the nature of those dealings.

Gavin was taken to Baptist Health Corbin, treated and then released. She returned to work on Aug. 15.

“Unfortunately, the details and face of her medical treatment arrived much sooner,” Bowling wrote in his letter to White. “She immediately learned those responsible for keeping confidential her treatment details had recklessly disseminated her private medical information to several of her peers.”

The letter claims Corbin phoned a fellow employee and told him every details of Gavin’s treatment. Another Whitley EMS employee, Steve Hartley, was also informed and he later told yet another employee, Sabrina Alsip.

“Ms. Alsip in turn shared all of Ms. Gavin’s intimate medical information with her sister, Jessica Taylor, a co-worker with Ms. Gavin and daughter of Sheila Norman, Assistant Director of WCEMS.”

Taylor apparently telephoned the Whitley 911 Center to confirm the events of Aug. 9 and inquired about Gavin’s medical condition.

Bowling goes on to say that Gavin was approached at a social function on Aug. 16 and told “that her run sheet was passed around the Whitley County Emergency Medical Services staff …”

Bowling claims that on Sept. 3, Whitley EMS Director Kelly Harrison approached Gavin at work and “interrogated” her about “the unauthorized disclosure of her confidential medical information, and whether Ms. Gavin was satisfied about the pending discipline to be assessed to the offending employees of WCEMS. Ms. Harrison also inquired whether Ms. Gavin intended to sue the county.”

“Ms. Harrison took no precaution as to the audience of this rant and failed to take heed to Dispatcher Dorman Patrick’s presence in the room. Ms. Gavin’s confidential medical information was once again disseminated to another non-necessary recipient,” Bowling wrote.

The letter initially demanded $75,000 to settle any claims and avoid litigation. The amount was drastically reduced to $12,000 in the final settlement.

As per the county’s policy declarations with the all lines fund, the Whitley County Fiscal Court will be required to pay a $1,000 deductible to settle the claim.

Because of the number of lawsuits and pre-litigation claims settled by the county in recent years, the annual premium paid to the All Lines Fund for liability insurance increased by $187,000 for the current fiscal year.

As part of the agreement, both sides are forbidden from speaking publicly about details of the settlement.

Gavin is still employed with the Whitley County 911 Center as a dispatcher.