B&B: Hunter Tylo files wrongful death suit!

[WillenFan21]

http://www.people.com/people/article/0,,20...ss-topheadlines

Hunter Tylo Files Wrongful Death Suit

By Lorenzo Benet

Originally posted Saturday January 26, 2008 11:35 AM EST

Hunter Tylo

Photo by: Jill Johnson / JPI

Bold and the Beautiful's Hunter Tylo filed a wrongful death suit Thursday against the Henderson, Nev., therapist who was counseling her 19-year-old son, Michael Tylo II, before he died in a drowning accident last October.

Tylo's claim comes in the form of an amendment to an April 2006 malpractice lawsuit filed against therapist Shanna Downing, who was counseling multiple members of the Tylo family in 2004 and 2005. In court papers filed Jan. 24, Tylo asserted that Michael's death "is related to Michael's seizure disorder which the defendants failed to properly diagnose, refer for diagnosis or treat."

In the declaration, Tylo says these past several months have been difficult. "The recent and sudden death of my son has caused me even much more grief, anxiety, sadness and emotional and financial distress than I ever imagined I would face when filing my initial complaint. I have not been able to properly and fully work and function in life."

According to court papers filed by Downing, she counseled Michael II because he was having "conflicts" with his parents, who were going through a divorce.

"She was anti-medicine and pro-acupuncture," Patricia Vaccarino, Tylo's attorney, told PEOPLE. "Downing did not believe in medication. If things had been done differently then [Michael II] may not have died."

"Ms. Downing specifically advised Michael and his mother that Michael's seizure were due to the stress he was experiencing due to his parents' break-up," the papers say. "Ms. Downing told Michael and Hunter that once the stress was eliminated in Michael's life, the seizures would disappear."

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Michael Shannon, Downing's attorney, told PEOPLE in December, "I can't see how there would be a connection between counseling that ended almost two years ago and (Michael II's) accidental death in October."

Attorneys for Downing and Horizon declined to comment further because of the pending litigation. Meanwhile, on the same day, Downing asked the court to dismiss Michael Tylo II as a party in the lawsuit, arguing that his death was accidental and that Tylo missed the deadline to substitute her son's estate as a plaintiff in the legal action against Downing. A hearing has been set for Feb. 26 on this matter. A trial is scheduled for October.

In the suit, Tylo has also named Horizon Family Therapy & Wellness, Inc., the office where Downing rented space. Tylo also has lodged a complaint with the Nevada Board of Examiners for Social Workers, Vaccarino says.

Downing, a clinical social worker, has been licensed in Nevada since 2003 and remains in good standing, says the rep.

[Daphne]

Oh wow. I feel for Hunter's loss, but I don't know about this lawsuit.

Per this report, the social worker is "anti-medicine." A social worker cannot prescribe medications because they do not have a medical license. Only an M.D. or nurse practitioner can give out medications (unless Nevada's regulations for social workers differ from most states??) And furthermore why would a social worker make any kind of diagnosis/treatment recommendations for someone with a seizure disorder? The most the social worker could do is refer someone for medical treatment, but I don't know if that's cause for a wrongful death suit? I don't mean to be insensitive. I understand Hunter is still grieving. I'd love to read other people's thoughts on this.

[Money]

I feel sorry for Tylo but she really doesn't have a leg to stand on with this. The lawsuit is bogus.

[Actor87]

I can see where her grief might cause her to want to press the blame on someone, but it was an accident. Like Mama always said, "When the Lord wants you, He's gonna take ya".

It was simply his time and I don't think any feeling of justice or any amount of money or any lawsuit/legal document is going to bring him back or restore Hunter Tylo any pain that she's endured since her son's death.

[BadZoe]

Did he not go and visit a real md in the two years between his visits to that social worker and his death? Hunter herself even said that he drove himself up to Vagas from LA. What kind of parent lets their kid with a known seizure disorder drive a car? He could have killed himself and others if he was driving when this happened. She should sue herself and learn to take some responsibility.