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| Rebecca Fierle, the disgraced guardian at the center of Florida's guardianship scandal, was released from the Marion County jail on Tuesday, February 11, 2020, the morning after her arrest on charges of aggravated abuse and neglect of an elderly person.(Monivette Cordeiro / Orlando Sentinel) |
Both the lawsuit and the case brought against Fierle by the Florida
Department of Law Enforcement center on a common accusation: She signed a
“do not resuscitate” order for ward Steven Stryker against his wishes
and those of his daughter, health care surrogate and a psychiatrist.
Because the suit and criminal case are so similar, attorney Kara S.
Graham argues in a newly filed motion, Fierle would have “no plausible
ability to defend herself in this new civil proceeding without
forfeiting her constitutional rights in the pending criminal
proceeding.”
“The most important factor is the degree of overlap between the
criminal charges and the civil claim. Here the events, essential facts,
and general allegations to be determined are the same," Graham wrote.
"Equally important, [Fierle] is the key witness in both proceedings.”
Stryker, a 75-year-old Navy veteran, died last May at St. Joseph’s Hospital in Tampa. Fierle was arrested in February on charges of aggravated abuse and neglect of an elderly person after a lengthy FDLE investigation.
Despite Stryker stating “several times" that he wanted to live, Fierle
signed the DNR and opted to have his feeding tube capped May 9, 2019,
FDLE said. Stryker, who was using a feeding tube because he had
difficulty swallowing, aspirated and went into cardiac arrest, the suit
said.
Stryker’s daughter, Kimberly Stryker, in her lawsuit alleges Fierle
“preyed” on his vulnerability and abused him. She is also suing
AdventHealth Orlando, where Stryker was a patient when the hospital
petitioned a judge to declare him incapacitated and appoint Fierle his
guardian.
“This case is about how Rebecca Fierle and AdventHealth — who were both
trusted by hundreds of vulnerable adults and the Florida court system —
took advantage of Steven Stryker... and robbed him of his right to
live,” said the lawsuit, filed in March in Orange County Circuit Court.
“As a result of their negligence, abuse, and neglect, Mr. Stryker died.”
Graham’s motion to stay the lawsuit was filed Wednesday. No hearing has
been set and Circuit Judge Kevin B. Weiss has not filed a ruling.
A probe of Stryker’s death by the Okaloosa Clerk’s and Orange
Comptroller’s Office, details of which were first reported by the
Orlando Sentinel, sparked a scandal that embroiled Florida’s entire
guardianship system.
Investigations found Fierle had routinely abused DNRs and unearthed
conflicts of interest in her handling of cases, as well as that
AdventHealth Orlando had paid her nearly $4 million over a decade to
care for vulnerable patients, an arrangement not allowed without court
approval.
Meanwhile, the Sentinel in a series of special reports revealed potentially widespread conflicts of interest in Florida’s guardianship system and loopholes in the state laws that govern guardians.
State lawmakers have since reformed the guardianship system, addressing
several loopholes the Sentinel’s reporting exposed, including by
requiring guardians to get a judge’s approval before signing DNRs,
prohibiting them from seeking their own appointment to specific cases
and revising provisions related to conflicts of interest.
Fierle, who had an office in Orlando and had been assigned hundreds of
wards across at least a dozen counties, resigned amid the scandal. She
is still under investigation by the FDLE, the Orange County Sheriff’s
Office and Florida Attorney General’s Office.
She has denied wrongdoing and pleaded not guilty.
Full Article & Source:
Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR
See Also:
Marion deputies release video of arrest of former Florida guardian Rebecca Fierle
Attorney General Ashley Moody fires back at embattled former Florida guardian
Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs
Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds
Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases
Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive
Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle
Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive
Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases
Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient
Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle
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