Affidavit in Support of Plaintiffs' Motion for Continuance; Affidavit of Martin L. Mador; Affidavit of Michael L. Ziegler

     [||b6c25d49-20bb-40e0-ab54-1f3fcd18f4ad||] IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al., 

Plaintiffs, 

Ve No. B 76-373 

METHODIST HOSPITAL OF GARY, INC., et al., . 

Defendants. 
  

  

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 
No. H 77-154 

Ve 

METHODIST HOSPITAL OF GARY, INC., et al., 

Defendants. 
  

  
AFFIDAVIT IN SUPPORT OF PLAINTIFFS' 

MOTION FOR CONTINUANCE 

STATE OF MICHIGAN ) 

) 88.: 

COUNTY OF WASHTENAW) 

I, RICHARD L. LICHTENSTEIN, say: 

  

l. I presently reside at 216 North Fifth Avenue, Ann Arbor,| 

Michigan 48104. 

2. I have been employed as a full time faculty member at 

the University of Michigan School of Public Health for the past 

six years. 

3. I hold a Master of Public Health degree from the 

University of Michigan, 1970, and I have completed three years of 

pre-doctoral work in the area of medical care organizations. 

While on a leave of absence, I served as Executive Assistant to 

the Commissioner of Health and Hospitals in Boston, Massachusetts 

 



  
    

for one year. I have also prepared eight case studies on neigh- 

borhood health facilities under contract with the Office of 

Economic Opportunity. 

4. I am serving as an expert consultant, along with 

Dr. Solomon J. Axelrod, to plaintiffs' attorneys in the consol- 

idated actions of Hatcher v. Methodist Hospital of Gary, Inc., 
  

Civil Action No. H 77-154, and Terry v. Methodist Hospital of 
  

Gary, Inc., Civil Action No. H 76-373. 
  

5. In order to provide plaintiffs with meaningful assist- 

ance, it is absolutely essential that I be allowed ample time to 

gather and analyze data concerning the possible discriminatory 

effects of a two tract hospital system on the availability of 

medical services to minority residents of inner city areas. 

6. There are serious concerns that the situation in Gary, 

Indiana is not an isolated occurence but is part of a national 

trend, extending over the last decade and a half, which repre- 

sents a steady deterioration of the quality and availability of 

medical services to inner city residents. It is of vital impor- 

tance that that process of deterioration be studied and evaluated 

before a remedy is attempted in the present suit. 

7. There is presently no such body of data profiling 

national trends in this area. 

8. A complete and thorough study of the needs, causes and 

possible remedies could easily occupy a full time staff for two 

years. From the standpoint of the immediate human needs, as well 

as that of the present suit, such an exhaustive study is not 

possible. Equally impossible, however, is the completion of any 

meaningful study prior to the present December 5, 1977, trial 

date. 

  

  
 



  

9. A preliminary investigation focusing on the following 

elements could be completed in about five months: 

a. Identification of analogous situations 

involving unequal distribution of resources between 

inner city and suburban facilities within a multi- 

hospital system. 

b. A comparative study of patient mix by race 

and payment categories within the multi-hospital 

system, prior and subsequent to the opening of satel- 

lite facilities. 

c. A comparative study of the availability and 

distribution of services in the inner city facility 

of a multi-hospital system, prior and subsequent to 

the opening of satellite facilities. 

d. Changes in the character and composition of 

the service population of the multi-hospital system, 

prior and subsequent to the opening of satellite 

facilities. 

e. Changes in practice patterns and location of 

the physician staff and their effects on the distribu- 

tion of the service population within the multi-hospital 

system. 

10. The claims of the plaintiffs would be prejudiced in the 

absence of such a study, since they would be unable to fully 

present their case to the Court for analysis. 

ll. In giving full consideration to the Court's concern for 

a speedy resolution of the present case, it is my belief that an       
 



  
    

adequate study could only be concluded in anticipation of a 

March, 1978, trial date. 

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RICHARD L. LICHTENSTEIN 

Subscribed and sworn to before me 

this 7 day of ({ cfater’ , 1977. 
  

Co die nT TE 
  

Notary 

  

  

 



  

Certificate of Service 
  

I hereby certify that a copy of the foregoing 

  

Affidavit of Richard L. Lichtenstein in Support of 

Plaintiffs' Motion For Continuance 
  

was served by United States mail, postage prepaid, on 

the [IT day of October , 1977, on counsel for 
  

defendants as follows: 

Rebecca L. Ross, Esq. 

Department of Justice 
10th and Pennsylvania Avenue 
Washington D.C. 

Marvin G. Garvin, Esq. and Edward L. Koven, Esq. 
Regional Attorney and General Attorney 
Department of Health, Education and Welfare 

300 South Wacker Drive, 18th Floor 
Chicago, Illinois 

Fred W. Grady, Esq. 
Assistant United States Attorney 
Northern District of Indiana 
Federal Building, 502 State Street 

Hammond, Indiana 46325 

Attorneys for Defendant Secretary of Health, 

Education and Welfare 

Hodges, Davis, Gruenberg, Compton & Sayers 
Bruce E. Sayers, Esq. 
5525 Broadway 
Gary, Indiana 46401 

Attorneys for Defendant Methodist Hospital 
Of Gary, Inc. 

Theodore L. Sendak, Esq. 

Assistant Attorney General of Indiana 
219 State House 

Indianapolis, Indiana 

Attorneys for State Defendants       
 



  
    

Anthony DeBonis, Jr., Esq. 
Joseph E. Costanza, Esq. 
Murphy, McAtee, Murphy & Costanza 

First National Bank Building 
720 W. Chicago Avenue 
East Chicago, Indiana 46312 

Attorneys for Defendant Kipton Kaplan 

A / y 
aT i BT, | 77 gi 
JL U4 ALE 
  

Beth J. Lief vs 
Counsel for Plaintiffs 

  

 



  
    

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 
a os os tt ae ee i em ) 

Bernice Terry, et.al., ) 
Plaintiffs, ) Civil Action # 

v. ) H76-373 

Methodist Hospital of Gary, Inc. et.al., ) 

Defendants ) 

a i he ee ml A eh en er 

ra oe 0 ram a rt om Re ) 
Richard Gordon Hatcher, et. al., ) 

Plaintiffs, ) Civil Action # 

V. ) H77-154 

Methodist Hospital of Gary, Inc. et.al., ) 

Defendants ) 

em en A RE wi BER ml ad 

AFFIDAVIT 
  

1. I am Martin L., Mador, and reside at 4510 Whitney Ave., 

Hamden, Ct. 06518, 

2. I am employed by the NAACP Legal Defense Fund as a 

computer analyst in its litigation program. Through the use of a 

computer, I prepare trial exhibits based on data obtained from 

defendants through discovery. This data is usually produced in 

computer-readable form, such as magnetic tapes. Since October 

of 1971, I have participated in the preparation of approximately 

80 cases in Federal Court, and have testified in approximately 20 

of them. My qualifications to prepare statistical exhibits with the 

computer have been accepted in every Court in which I have given 

testimony, 

3. I have been assigned to perform the computer procesding 

for Plaintiffs in the above styled cases, concerning both medical 

staff and patient populations at the Gary Methodist and Broadway 

Methodist hospitals. This affidavit will be limited to proposed 

studies concerning patient data only. 

  

 



  
    

4, The only source of computer-readable patient data described 

to date by defendants has been the files maintained by the Indiana 

Hospital Association(IHA). Plaintiffs! counsel, Ms. Leif, has 

informed me that two other agencies may possess such data, but no 

information has been provided concerning the nature of such data, or 

of its availabikity. For reasons of economy, efficiency, spsed, and 

accuracy, it is desirable to work with data already in computer- 

readable form, rather than from hand or typewritten records, which 

must be ''keypunched'' for entry into the computer. 

5. On October 5, through a telephone conversation with Evelyn 

Aiken, Director of Research for IHA, and myself, I learned what 

data IHA had available concerning Gary hospital patients, and what 

programming capabilities IHA itself possessed. Plaintiffs have the 

option of obtaining copies of the IHA files, and performing their own 

computer processing, or of asking IHA to do the computer work 

for them. 

6. At present, IHA has possession of computer files with data 

on all patients discharged from Gary Methodist in the months of 

April, 1969, April, 1972, and April, 1975. Contained in these 

files is data on residence, age, sex, race, admission and discharge 

dates, diagnosis, and treatment. In December of this year, IHA will 

receive an additional file with patient data from both Gary Methodist 

and Broadway Methodist for April, 1977. This file is in process of 

creation from the raw data collected in April, and will not be useable 

in any form before late December. 

7. IHA has a limited capability to perform studies themselves 

on a computer, through arrangement with a time sharing service 

run by General Electric in Rockville, Maryland. Ms. Aiken herself 

  

 



  
    

writes computer programs in a computer language somewhat 

limited for our purposes(FORTRAN), with the assistance of an 

outside service bureau. She did not indicate the availability of 

statistical ''packages'' necessary for performing complicated tasks 

such as regression analysis. Although we did not talk specifically 

about what reports Plaintiffs will require from the IHA data, 

she indicated that any programming tasks could not be completed 

in one month's time, and that two months was a '"possibility'’. 

Plaintiffs would be billed by IHA for her time, the fees of the service 

bureau, and the computer costs incurred from G. E, 

8. It is my opinion that, due to the difficulties of: designing 

studies ''long distance''; of the time delay in submitting report destons; 

waiting for the results, and submitting additional designs by mail; 

of the problems with designing studies without working with the data 

first-hand; and of the somewhat limited programming ability of 

IHA; Plaintiffs should obtain copies d the IHA data, and perform 

the computer analyses themselves. 

9. Regardless of the method and location chosen for the 

analyses, it is my further opinion that the reports Plaintiffs will 

require from this data could not be produced by the December 5 

trial date. The time required to design the reports, to implement the 

computer programming, to produce whatever additional reports would 

be suggested by the results of the first ones, to accomodate the 

mailing delays should IHA do the SIE the programming 

time available to Ms. Aiken and myself; and the unavailability of 

any data whatsoever on Broadway Methodist until December, all 

indicate that an early December deadline could not be met. 

  

 



  
    

STATE OF CONNECTICUT ) 

COUNTY OF NEW HAVEN ) 

  

Martin L.. Mador 

Subscribed to and sworn before me 

/ 

this rd day of October, 1977. 

  

Commissioner of-the-Superior-Court 

Wo Ca Bhs 

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Certificate of Service 
  

I hereby certify that a copy of the foregoing 

Affidavit of Martin L. Mador 
  

  

was served by United States mail, postage prepaid, on 

/ 

the [AL day of ( (24h %__., 1977, on counsel for   

defendants as follows: 

Rebecca L. Ross, Esq. 
Department of Justice 
10th and Pennsylvania Avenue 
Washington D.C. 

Marvin G. Garvin, Esq. and Edward L. Koven, 
Regional Attorney and General Attorney 
Department of Health, Education and Welfare 
300 South Wacker Drive, 18th Floor 

Chicago, Illinois 

Fred W. Grady, Esq. 

Assistant United States Attorney 
Northern District of Indiana 
Federal Building, 502 State Street 
Hammond, Indiana 46325 

Attorneys for Defendant Secretary of Health, 
Education and Welfare 

Hodges, Davis, Gruenberg, Compton & Sayers 
Bruce E. Sayers, Esq. 

5525 Broadway 
Gary, Indiana 46401 

Attorneys for Defendant Methodist Hospital 
of Gary, Inc. 

Theodore L. Sendak, Esq. 

Assistant Attorney General of Indiana 
219 State House 

Indianapolis, Indiana 

Attorneys for State Defendants 

Esq. 

  

 



  
    

Anthony DeBonis, Jr., Esq. 
Joseph E. Costanza, Esq. 
Murphy, McAtee, Murphy & Costanza 
First National Bank Building 
720 W. Chicago Avenue 
East Chicago, Indiana 46312 

Attorneys for Defendant Kipton Kaplan 

/ 

{Li {75 , / H fi dy 
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Beth J. Lief 

Counsel for Plaintiffs 

  

 



  

In The 

UNITED STATES DISTRICT COURT 

For Theo 

NORTHERN DISTRICT OF INDIANA 

HAMMOND DIVISION 

  

BERNICE TERRY, et al.y 

Plaintiffs, 

Vv. No. 76-373 

METHODIST HOSPITAL OF GARY, INC., 

et al,, 

Defendants. 

  

  

RICHARD GORDON HATCHER, et al., 

Plaintiffs, 

v. | Mo. HB 77=154 

METHODIST. HOSPITAL OF GARY, INC., 

et al. . : 

Defendants. 

  

AFFIDAVIT OF MICHAEL L. ZIEGLER 

MICHAEL L. ZIEGLER being duly sworn, deposes and says as follows: 

1. I am a candidate for a Master's Degree at the 

School of Public Health of Columbia University. I received 

a J.D. from State Uatversiy of New York at Buffalo and have 

worked as a Legal Assistant for General Counsel's office of the 

New York City Department of Health. 

2. I have conducted a preliminary review of the materials 

and data made available which pertain to the Methodist Hospital 

of Gary. Based on my experience in reviewing and analyzing 

similar materials regarding hospital relocations, I conclude 

  

 



  

—_D 

that the information would require extensive development 

and analysis in order to make it useful in the context 

of this litigation. In my opinion, this development and 

analysis cannot be completed within sixty days. 

3. I have been informed by attorneys for the plain- 

tiffs that the information submitted by the Methodist 

Hospital of Gary in answer to Plaintiffs' First Set of 

Interrogatories is incomplete, for example, it fails to 

give detailed racial data on patients by area of residence 

and service required. I am informed that the data further 

fails to give detailed racial information about the staff 

of the hospital. The full development of racial information 

is important for purposes of this litigation. 

/s g ~ ff / ! (7 

lad bs ie 
  

MJ CHAEL L. ZIEGLER“ 

Sworn to and signed 

before me this // 

day of October 1977. 

  

  
  

 



  

Certificate of Service 
  

I hereby certify that a copy of the foregoing 

Affidavit of Michael 1, Ziegler 
  

was served by United States mail, postage prepaid, on 

the _{3~%ay of October , 1977, on counsel for 
  

defendants as follows: 

Rebecca L. Ross, Esq. 
Department of Justice 
10th and Pennsylvania Avenue 
Washington D.C. 

Marvin G. Garvin, Esq. and Edward L. Koven, Esq. 
Regional Attorney and General Attorney 
Department of Health, Education and Welfare 
300 South Wacker Drive, 18th Floor 

Chicago, Illinois 

Fred W. Grady, Esq. 

Assistant United States Attorney 
Northern District of Indiana 
Federal Building, 502 State Street 
Hammond, Indiana 46325 

Attorneys for Defendant Secretary of Health, 
Education and Welfare 

Hodges, Davis, Gruenberg, Compton & Sayers 
Bruce E. Sayers, Esq. 

5525 Broadway 
Gary, Indiana 46401 

Attorneys for Defendant Methodist Hospital 
of Gary, Inc. 

Theodore L. Sendak, Esq. 
Assistant Attorney General of Indiana 
219 State House 
Indianapolis, Indiana 

Attorneys for State Defendants 

Anthony DeBonis, Jr., Esq. 

Joseph E. Costanza, Esq. 
Murphy, McAtee, Murphy & Costanza 
First National Bank Building 
720 W. Chicago Avenue 
East Chicago, Indiana 46312 

Attorneys for Defendant Kipton Kaplan [||b6c25d49-20bb-40e0-ab54-1f3fcd18f4ad||]