Case 5:15-cv-00055-gwc Document 1 Filed 03/16/15 Page 1 of 4

U.S. DiS': ~\:CT COURT

OlSTRlCT 0( Vt:Rf10NT
FILED

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF VERMONT
MARGARET A. RUSSO, Administratrix/
Personal Representative of the
ESTATE OF LAURA B. DIPILLO
VS.
THE BRATTLEBORO RETREAT
COMPLAINT
NOW COMES the plaintiff, by and through her attorneys, Faxon Law
Group, LLC, and complains against the defendant as follows:
JURISDICTIONAL STATEMENT
The plaintiff, MARGARET A. RUSSO, individually and as
Administratrix/Personal Representative of the Estate of LAURA B. DIPILLO, is a
resident of the State of Massachusetts. The defendant, THE BRATTLEBORO
RETREAT ('THE RETREAT') is incorporated in the State of Vermont.
Jurisdiction is based on diversity of citizenship pursuant to 28 U.S.C. 1332. The
amount in controversy exceeds $75,000. Venue is appropriate in this district
pursuant to 28 U.S.C. 1391.
COUNT ONE: NEGLIGENCE AGAINST BRATTLEBORO RETREAT, INC.
1.

At all times mentioned herein, THE RETREAT held itself out to the

general public as a healthcare facility specializing in treating mental health

disorders and addiction, licensed in the State of Vermont. The defendant, THE
RETREAT operates through its agents, apparent agents, ostensible agents,

Case 5:15-cv-00055-gwc Document 1 Filed 03/16/15 Page 2 of 4

contractors, servants and/or employees.

2.

On April29, 2014 through May 5, 2014, the defendant undertook

the care, treatment and supervision of the plaintiff's decedent, LAURA B.

DIPILLO.
3.

On April29, 2014, the plaintiff, LAURA B. DIPILLO, was admitted to

THE RETREAT for the treatment of depression and suicidal ideation.

4.

On May 5, 2014, LAURA B. DIPILLO was found unresponsive with a

pair of jeans knotted around her neck having hung herself from her door. CPR and
an AED were used to resuscitate LAURA B. DIPILLO and she was transferred to
Brattleboro Memorial Hospital for further care.
5.

As a result of the carelessness and negligence of the THE

RETREAT, LAURA B. DIPILLO suffered serious, painful and permanent injuries,

and death, as set forth in Paragraph 7.
6.

The injuries and death sustained by LAURA B. DIPILLO were

caused by THE RETREAT's failure to exercise reasonable care and skill in the
care, monitoring, supervision and treatment provided to LAURA B. DIPILLO in
connection with her depression and suicidal ideation.
7.

As a result of the carelessness and negligence of THE RETREAT,

LAURA B. DIPILLO suffered the following serious, painful and permanent

injuries:
a.

strangulation;

b.

unconsciousness;

Case 5:15-cv-00055-gwc Document 1 Filed 03/16/15 Page 3 of 4

8.

c.

cardiorespiratory arrest;

d.

cerebral anoxia (lack of oxygen to the brain);

e.

prolonged coma;

f.

physical pain and suffering; and,

g.

death.

In addition, as a result of the aforesaid negligence and

carelessness by the THE RETREAT, LAURA B. DIPILLO, has been deprived and
will in the future be deprived of her ability to carry on and enjoy life's activities
and her earning capacity has been destroyed, in addition she incurred medical
expenses and costs of funeral and burial.
9.

As a further result of the aforesaid negligence and carelessness by

THE RETREAT, LAURA B. DIPILLO's next-of-kin, including Margaret Russo and

Steven Dipillo, represented by MARGARET A. RUSSO, have incurred
substantial pecuniary loss, grief, anguish, loss of support, pain and suffering all to
their detriment.
10.

MARGARET A. RUSSO was appointed Administratrix/Personal

Representative of the estate of LAURA B. DIPILLO, on December 16, 2014, by

the Hampshire Probate and Family Court for the Commonwealth of
Massachusetts.
WHEREFORE, the plaintiff claims money damages against the defendant,

and all other appropriate relief.

Case 5:15-cv-00055-gwc Document 1 Filed 03/16/15 Page 4 of 4

DEMAND FOR TRIAL BY JURY

The plaintiff demands a trial by jury on all claims.

Dated at New Haven, CT this

gth

day of March, 2015.

THE PLAINTIFF,
MARGARET A.

Case 5:15-cv-00055-gwc Document 1-1 Filed 03/16/15 Page 1 of 1

CIVIL COVER SHEET

JS 44 (Rev. 12/12)

The JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is requtred for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)

I. (a) PLAINTIFFS
Margaret A. Russo, Administratrix/Personal Representative of the Estate
of Laura B. DiPillo
LH'-"a'-'-m!.!j,!p2Suh"-ir,e______

(b) County of Residence of First Listed Plaintiff

DEFENDANTS
The Brattleboro Retreat

County of Residence of First Listed Defendant

(EXCEPT IN US PLAINTIFF CASES)

NOTE:

_W-'-'-'i,_,n,d,_,h,a_,_,m-'--------

(IN US PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(C) Attorneys (Finn Name, Address, and Telephone Number)

Joel T. Faxon, Faxon Law Group, Trial Lawyers LLC
59 Elm Street, New Haven, CT 06510
(203) 624-9500

II. BASIS OF JURISDICTION (Place an "X"inOneBoxOnly)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff
(For Diversity Cases Only)

0 I

02

U.S. Goverrunent
Plaintiff

03

U.S. Goverrunent
Defendant

JI!J4

Federal Question
(US Government Not a Party)

Diversity
(Indicate Citizenship ofParties in Item Ill)

IV. NATURE OF SUIT (Place an

0
0
0
0
0
0
0

0
0
0
0
0

II 0 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
!50 Recovery of Overpayment
& Enforcement of Judgment
!51 Medicare Act
!52 Recovery of Defaulted
Student Loans
(Excludes Veterans)
!53 Recovery of Overpayment
ofVeteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
1% Franchise

DEF

Citizen of This State

Incorporated or Principal Place

of Business In This State

DEF
Ill 4

Citizen of Another State

Ill 2

Incorporated and Principal Place

ofBusiness In Another State

0 5

0 3

Foreign Nation

0 6

PERSONAL INJURY
0 310 Airplane
0 315 Airplane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Marine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury
J1!J 362 Personal Injury -

PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

0 625 Drug Related Seizure

of Property 21 USC 881
0 690 Other

0
0
0
0

440 Other Civil Rights

441 Voting
442 Employment
443 Housing!
Accommodations
0 445 Amer. w/DisabilitiesEmployment
0 446 Amer. w/DisabilitiesOther
0 448 Education

0
0
0
0
0
0
0
0

Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil DetaineeConditions of
Confinement

0 422 Appeal28 USC !58

0 423 Withdrawal
28 usc !57

0 375 False Claims Act

0 400 State Reapportionment
0 410 Antitrust

~~~!llll~llilliill 00 430
Banks and Banking
p
450 Commerce
0 820 Copyrights
0 830 Patent
0 840 Trademark

0 710 Fair Labor Standards

Act
0 720 Labor/Management
Relations
0 740 Railway Labor Act
0 751 Family and Medical
Leave Act

'~~~~~--!IM-edi~~-cal-Mal

ac1J~-~ce-~~~~~~~~~~~~~~~~- 0
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

PTF

"X"inOneBoxOnl~

11!

0
0
0
0
0
0

and One Box for Defendant)

PTF

790 Other
Labor
Litigation
791
Employee
Retirement
Income Security Act

0
0
0
0
0

861 HIA (!395ft)

862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

0 460 Deportation
0 470 Racketeer Influenced and
Corrupt Organizations
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom oflnformation
Act
0 896 Arbitration

-~~~~~~~~~~~~~~~~~ 0
0 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRS-Third Party
26 USC 7609

899 Administrative Procedure

Act/Review or Appeal of
Agency Decision
0 950 Constitutionality of
State Statutes

0 462 Naturalization Application

0 465 Other Immigration
Actions

V. ORIGIN (Place an "X"inOneBoxOnly)

)II( I Original
Proceeding

0 2 Removed from
State Court

Remanded from
Appellate Court

0 4 Reinstated or
Reopened

0 5 Transferred from
Another District
(specifY)

0 6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

28

usc 1332

VI. CAUSE OF ACTION~~...;;...:'-"=~---------------------------

Brief description of cause:
wrongful death
DEMAND$
CHECK YES only if demanded in complaint:
VII. REQUESTED IN
0 CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
75,000.00
JURY DEMAND:
;gJ Yes
0 No
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DOCKET NUMBER
DATE

03/10/2015
FOROFFICEUSEONLY

RECEIPT#4~ zO

SIGNA

I ZSil.
AMOUNT

40o co

JUDGE

I () I ~

MAG. JUDGE

5: J5.c.v ..s5

------------------

Case 5:15-cv-00055-gwc Document 1-2 Filed 03/16/15 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF VERMONT

MARGARET A. RUSSO, Administratrix/

Personal Representative of the
ESTATE OF LAURA B. DIPILLO

vs.

Case No.

5: 15c.v55

THE BRATTLEBORO RETREAT

CERTIFICATE OF MERIT PURSUANT TO 12 V.S.A. 1042

NOW COMES the plaintiff, Margaret A. Russo, Administratrix/Personal

Representative of the Estate of Laura B. DiPillo, by and through her attorneys, Faxon
Law Group, LLC and hereby certifies that the plaintiff has consulted with medical
experts pursuant to the requirements of V.R.E. 702 and Fed. R. Evid. 702, and any
other applicable standard, and that, based on the information reasonably available at
the time of the experts' opinions were rendered, the experts have:
1. Described the applicable standard of care;
2. Indicated that, based on reasonably available evidence, there is a reasonable
likelihood that the plaintiff will be able to show that The Brattleboro Retreat
and its agents, apparent agents, ostensible agents, contractors, servants
and/or employees, failed to meet the standard of care; and,
3. Indicated that there is a reasonable likelihood that the plaintiff will be able to
show that the failure to meet the standard of care caused the plaintiff harm.
DATED at New Haven, Connecticut this

gth

day of March, 2015.

Case 5:15-cv-00055-gwc Document 1-2 Filed 03/16/15 Page 2 of 2