Lawyer predicts dismissal of NY case vs RP nurses
The Filipino-American lawyer representing the Filipino nurses facing trial in a New York district court has expressed optimism that the charges leveled against the health workers would be dismissed.
Salvador Tuy, a volunteer lawyer for 10 of the 26 nurses and a physical therapist from the Philippines known as ‘Sentosa 27,’ based his optimism on the interest that the state of New York has shown on the case following the findings of the federal health department and the NY state health department that the Filipinos did not endanger the lives of patients in a home care center when they quit in April 2006.
He cited that a criminal charge requires proof beyond reasonable doubt and that this would be impossible if both the federal and state departments of health say that the nurses did not endanger the lives of their patients.
According to him, the prosecution wanted to make it appear that the nurses’ act of resigning together was intended to cripple the operations of Avalon Gardens Rehabilitation that put at risk the lives of patients.
Trial of the nurses was supposed to begin last January 28, but it had been reset to April 28 at the Suffolk district court in Long Island, NY.
The nurses resigned en masse and walked out of the Avalon Gardens Rehabilitation and Health Care Center, a facility with patients dependent on ventilator life support units. They complained of unjust working conditions and labor malpractices by their NY employer.
Sentosa Recruitment Agency, the local extension of a US-based placement agency, hired the nurses.
The Philippine Department of Justice dismissed for lack of merit the case of illegal recruitment 13 of the ‘Sentosa 27’ filed against the local recruitment agency and its principal in the US.
The Philippine Overseas Employment Administration and the National Labor Relations Commission, both under the Department of Labor and Employment, dismissed the cases the nurses filed against the recruitment agency.
In the upcoming trial, Tuy said the defense would focus on the fact that when the nurses tendered their resignation, they were not on duty, except for Theresa Ramos who had completed her shift and whose reliever had arrived when she resigned.
Tuy added that none of the nurses were working as regular registered nurse and that their tasks were limited and should be supervised by RNs.
In addition, he said while the Filipino nurses were tasked to monitor the patients, the ventilator units attached to them were handled by other medical workers who were not among those who quit.
Tuy said the Filipino nurses are confident of winning the case, especially the criminal aspect.
Tuy said the nurses lost their cases in the Philippines with the POEA, NLRC and DoJ because they were not present during the proceedings to refute the arguments of Sentosa.
Earlier, Senate minority leader Aquilino Pimentel Jr urged the government to extend legal assistance Filipino nurses after the trial for the criminal complaint against the nurses has been reset from Jan. 28 to April in New York.
The civil aspect of the suit will be tried separately.
Facing trial are Elmer Jacinto, Juliet Anilao, Harriet Avila, Mark dela Cruz, Claudine Gamiao, Jennifer Lampa, Rizza Maulion, James Millena, Ma. Theresa Ramos, and Ranier Sichon, and their lawyer Felix Vinluan.
They were indicted on March 22, 2007 even after the state's education department cleared them in September 2006 of any wrongdoing.
Jacinto is a 2004 medical board topnotcher who had switched to nursing. - Fidel Jimenez, GMANews.TV
Salvador Tuy, a volunteer lawyer for 10 of the 26 nurses and a physical therapist from the Philippines known as ‘Sentosa 27,’ based his optimism on the interest that the state of New York has shown on the case following the findings of the federal health department and the NY state health department that the Filipinos did not endanger the lives of patients in a home care center when they quit in April 2006.
He cited that a criminal charge requires proof beyond reasonable doubt and that this would be impossible if both the federal and state departments of health say that the nurses did not endanger the lives of their patients.
According to him, the prosecution wanted to make it appear that the nurses’ act of resigning together was intended to cripple the operations of Avalon Gardens Rehabilitation that put at risk the lives of patients.
Trial of the nurses was supposed to begin last January 28, but it had been reset to April 28 at the Suffolk district court in Long Island, NY.
The nurses resigned en masse and walked out of the Avalon Gardens Rehabilitation and Health Care Center, a facility with patients dependent on ventilator life support units. They complained of unjust working conditions and labor malpractices by their NY employer.
Sentosa Recruitment Agency, the local extension of a US-based placement agency, hired the nurses.
The Philippine Department of Justice dismissed for lack of merit the case of illegal recruitment 13 of the ‘Sentosa 27’ filed against the local recruitment agency and its principal in the US.
The Philippine Overseas Employment Administration and the National Labor Relations Commission, both under the Department of Labor and Employment, dismissed the cases the nurses filed against the recruitment agency.
In the upcoming trial, Tuy said the defense would focus on the fact that when the nurses tendered their resignation, they were not on duty, except for Theresa Ramos who had completed her shift and whose reliever had arrived when she resigned.
Tuy added that none of the nurses were working as regular registered nurse and that their tasks were limited and should be supervised by RNs.
In addition, he said while the Filipino nurses were tasked to monitor the patients, the ventilator units attached to them were handled by other medical workers who were not among those who quit.
Tuy said the Filipino nurses are confident of winning the case, especially the criminal aspect.
Tuy said the nurses lost their cases in the Philippines with the POEA, NLRC and DoJ because they were not present during the proceedings to refute the arguments of Sentosa.
Earlier, Senate minority leader Aquilino Pimentel Jr urged the government to extend legal assistance Filipino nurses after the trial for the criminal complaint against the nurses has been reset from Jan. 28 to April in New York.
The civil aspect of the suit will be tried separately.
Facing trial are Elmer Jacinto, Juliet Anilao, Harriet Avila, Mark dela Cruz, Claudine Gamiao, Jennifer Lampa, Rizza Maulion, James Millena, Ma. Theresa Ramos, and Ranier Sichon, and their lawyer Felix Vinluan.
They were indicted on March 22, 2007 even after the state's education department cleared them in September 2006 of any wrongdoing.
Jacinto is a 2004 medical board topnotcher who had switched to nursing. - Fidel Jimenez, GMANews.TV
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