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RUSH MOORE LLP
A Limited Liability Law Partnership
JASON M. TANI 4859-0
jtani@rmhawaii.com
DANIEL M. CHEN 7584-0
dchen@rmhawaii.com
KRISTIE M. KUTAKA 8185-0
kkutaka@rmhawaii.com
ALEXANDER PANG 10974-0
apang@rmhawaii.com
Pacific Guardian Center, Mauka Tower
737 Bishop Street, Suite 2400
Honolulu, Hawaii 96813
Telephone No.: (808) 521-0400
Facsimile No.: (808) 521-0497
Attorneys for Plaintiff
JANE DOE
IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
JANE DOE,
Plaintiff,
v.
THE REHABILITATION HOSPITAL OF
THE PACIFIC, a Hawaii non-profit
corporation; TIMOTHY J. ROE, M.D.,
individually and in an official capacity;
JASON C. CHANG, M.D., individually and
in an official capacity; GARRETT
YAMAMOTO, individually and in an
official capacity; JOHN DOES 1-10; JANE
DOES 1-10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10; DOE NON-
PROFIT ENTITIES 1-10 and DOE
GOVERNMENTAL ENTITIES 1-10,
Defendants.
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Civil No. 1CCV-20-0000746 GWBC
(Other Non-Vehicle Tort)
COMPLAINT; DEMAND FOR TRIAL BY
JURY; SUMMONS
Electronically Filed
FIRST CIRCUIT
1CCV-20-0000746
28-MAY-2020
10:18 AM
2
COMPLAINT
Plaintiff JANE DOE (“Plaintiff”), by and through her attorneys RUSH MOORE LLP A
Limited Liability Law Partnership, and for Complaint against Defendants THE
REHABILITATION HOSPITAL OF THE PACIFIC, a Hawaii non-profit corporation;
TIMOTHY J. ROE, M.D., individually and in an official capacity; JASON C. CHANG, M.D.,
individually and in an official capacity; GARRETT YAMAMOTO, individually and in an
official capacity; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE
PARTNERSHIPS 1-10; DOE NON-PROFIT ENTITIES 1-10 and DOE GOVERNMENTAL
ENTITIES 1-10, alleges and avers as follows:
JURISDICTION
1. This Court has jurisdiction over this controversy pursuant to Hawaii Revised
Statutes (“HRS”) § 603-21.5, as the amount in controversy, exclusive of interest, fees and costs,
exceeds $25,000.00.
2. The First Circuit Court is the proper venue for this action pursuant to HRS § 603-
36, as the claims for relief arose on the island of Oahu.
PARTIES
3. Plaintiff is and was at all times relevant herein a resident of the State of Hawaii,
residing on Oahu. Plaintiff files this case pseudonymously in order to protect her identity, as set
out in her Ex Parte Motion for Filing Documents Under “Doe” Designations.
4. Plaintiff is a physical therapist employed by REHAB Hospital of the Pacific
(“Rehab Hospital”) from 2011 to the present. Plaintiff’s current position is Program Director for
Advanced Rehabilitation Technologies.
5. Plaintiff is bisexual and primarily dates women.
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6. Upon information and belief, Defendant THE REHABILITATION HOSPITAL
OF THE PACIFIC (“Defendant Rehab”) is and was at all times relevant herein a domestic
nonprofit corporation incorporated in the State of Hawaii.
7. Upon information and belief, Defendant TIMOTHY J. ROE, M.D. (“Defendant
Roe”) is and was at all times relevant herein a resident of the State of the Hawaii.
8. Upon information and belief, Defendant Roe is the President and Chief Executive
Officer of Defendant Rehab, and Plaintiff’s superior.
9. Upon information and belief, Defendant JASON C. CHANG, M.D. (“Defendant
Chang”) is and was at all times relevant herein a resident of the State of Hawaii.
10. Upon information and belief, Defendant Chang was the former Chief Medical
Officer and Vice President of Medical Affairs of Defendant Rehab, and Plaintiff’s superior.
11. Upon information and belief, Defendant GARRETT YAMAMOTO (“Defendant
Yamamoto”) is and was at all times relevant herein a resident of the State of Hawaii.
12. Upon information and belief, Defendant Yamamoto was the former Inpatient
Therapy Manager at Defendant Rehab, and Plaintiff’s direct supervisor.
13. Defendants JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10,
DOE PARTNERSHIPS 1-10, DOE NON-PROFIT ENTITIES 1-10, and DOE
GOVERNMENTAL ENTITIES 1-10 (collectively referred to as “Doe Defendants”) are persons,
corporations, partnerships, business entities and/or governmental entities who acted in a
negligent, wrongful or tortious manner which proximately caused or contributed to the injuries
and damages sustained by Plaintiff. Plaintiff has been unable to ascertain the names and
identities of the above-named Doe Defendants from the investigation conducted to date.
Accordingly, Plaintiff has sued the unidentified Doe Defendants herein with fictitious names
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pursuant to Rule 17(d) of the Hawaii Rules of Civil Procedure, and Plaintiff will substitute the
true names, identities, capacities, acts and/or admissions of the Doe Defendants when the same
are ascertained.
PLAINTIFF JANE DOE –
REHAB HOSPITAL PROGRAM DIRECTOR FOR
ADVANCED REHABILITATION TECHNOLOGIES
14. Plaintiff knew from an early age that she wanted to dedicate her life to helping
local people recover from serious physical injuries. As such, her life-long dream was to become
a physical therapist at Rehab Hospital.
15. Plaintiff attended and graduated from Punahou School. During high school,
Plaintiff’s best friend suffered a spinal cord injury while surfing and she closely observed how
important the rehabilitation process is for people with serious injuries. Additionally, Plaintiff
tore her ACL in high school and she experienced first-hand how painful and frustrating the
rehabilitation process can be. Due to these personal and emotional experiences, Plaintiff decided
in high school to commit to pursuing a career in physical therapy so that one day she could work
at Rehab Hospital and help injured patients.
16. Plaintiff considered a physical therapist position at Rehab Hospital her dream job
because Rehab Hospital is the only comprehensive medical rehabilitation hospital in the State of
Hawaii and working at Rehab Hospital would allow her the opportunity to treat and help local
patients in Hawaii in need of rehabilitation.
17. To achieve her dream job at Rehab Hospital, Plaintiff formulated a plan to obtain
a B.S. and a doctoral degree in physical therapy, work on the mainland to gain experience in the
physical therapy field, and then return to Hawaii to work at Rehab Hospital. After graduating
from Punahou School, Plaintiff took the first step in her plan to become a physical therapist by
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majoring in Exercise & Sports Science at Oregon State University where she obtained a B.S.
degree. Following college, Plaintiff continued on her path to becoming a physical therapist by
earning her Doctor of Physical Therapy from Samuel Merritt College in Oakland, California.
After she earned her Doctor of Physical Therapy, Plaintiff worked on the mainland in the Rehab
unit at Cedars-Sinai in Los Angeles for three years and gained valuable experience. Plaintiff
specifically chose to work in the Rehab unit at Cedars-Sinai so that she could gain valuable
rehabilitation experience and fulfill her life-long dream of working at Rehab Hospital. Plaintiff
then moved back home to Hawaii with plans to eventually find a position at Rehab Hospital.
18. In late October 2011, Plaintiff’s life-long dream finally came to fruition when she
received an offer to work at Rehab Hospital as a physical therapist. From 2012 to 2014, Plaintiff
was the Lead Spinal Cord Injury Physical Therapist. In 2014, Plaintiff became certified as an
Assistive Technology Practitioner (ATP) and began to specialize in matching patients with
assistive devices to help them become more independent. In 2015, Plaintiff was promoted to a
director of a program designed to help patients fit into custom wheelchairs. While working at
Rehab Hospital, Plaintiff received several awards and has been featured by Rehab Hospital in
videos promoting her work at Rehab Hospital. Plaintiff’s career had an upward trajectory and it
appeared that all of her hard work and dedication to the physical therapy field was resulting in
her fulfilling her life’s goal.
REHAB HOSPITAL OF THE PACIFIC
19. Defendant Rehab operates REHAB Hospital of the Pacific, an acute-care
rehabilitation facility located at 226 N. Kuakini Street, Honolulu, HI 96817.
20. Defendant Rehab’s purported slogan is: “Rebuilding Lives Together.”
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REHAB’S VISION, MISSION, AND CORE VALUES
21. Defendant Rehab represents that its “Vision” is: “REHAB is among the best
rehabilitation hospitals in the Country.”
22. Defendant Rehab represents that its “Mission” is: “REHAB rebuilds lives
together with individuals, families and communities by providing exemplary patient care services
for those with physical and cognitive disabilities in Hawaii and the Pacific, utilizing a continuum
of rehabilitation services that are advanced through education, technology and research.”
23. Defendant Rehab represents that its “Core Values” are the following:
• Honesty - Speak and act with truth and respect
• Engagement - Embrace and commit to our mission, vision and values
• Aloha - Serve others with a spirit of kindness and compassion
• Resilience - Rebound and recover with a sense of urgency
• Teamwork - Work together for success
REHAB HOSPITAL’S 6 PILLARS OF EXCELLENCE
24. Defendant Rehab represents that its 6 Pillars of Excellence are the foundation for
its vision to continually enhance the rehabilitation experience. These 6 Pillars supposedly
demonstrate Defendant Rehab’s commitment to become the best place to work, provide
rehabilitation and receive care:
• “Quality Pillar Goal – Continually improve clinical excellence and patient safety
to establish rehabilitation standards in Hawaii’s medical community and exceed patient
expectations.
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• Service Pillar Goal – Create exceptional experiences in every situation by always
doing the right thing the first time and demonstrating service excellence to all internal and
external customers.
• People Pillar Goal – Create a workforce culture of “ohana” that attracts and
retains the best and brightest people who care about, believe in and are committed to REHAB’s
mission and values.
• Finance Pillar Goal – Continually improve financial results to assure REHAB’s
ability to upgrade its facilities, invest in the latest patient equipment and information technology
and provide quality, patient-focused health care services.
• Growth Pillar Goal – Promote consistent growth in net revenue to increase and
maintain market share across the State and ensure REHAB’s sustainability.
• Community Pillar Goal – Be an exemplary community citizen by being an
advocate for the disabled, providing financial assistance and other resources to those in need.
Being a leader in the development of partnerships with healthcare systems to ensure coordination
of care and effective delivery of services.”
REHAB HOSPITAL’S LEADERSHIP
25. Defendant Rehab’s Leadership consists of four groups: (a) Executive
Leadership; (b) Hospital Board of Directors; (c) Medical Executive Committee; and (d)
REHAB Foundation Board of Directors.
Executive Leadership
26. Defendant Rehab’s Executive Leadership in 2019 consisted of:
• Timothy J. Roe, M.D.
President and Chief Executive Officer, Acting Chief Medical Officer
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• Wendy Manuel
Vice President & Chief Financial Officer (CFO)
• Susan Gabriel, RN, MSN
Vice President, Clinical Services
• Colbert Seto
Chief Information Officer (CIO)
• Taylor Ayers
Director of Facilities & Safety Officer
• Georgia McCullough, RN, JD, MPH
Compliance & Privacy Officer
Hospital Board of Directors
27. Defendant Rehab’s Hospital Board of Directors in 2019 consisted of:
Officers:
• Raymond S. Ono
Chairman of the Board
Retired Vice Chairman and Chief Banking Officer of First Hawaiian Bank
• Glenn Sexton
Vice Chair
Vice President and General Manager of Xerox Hawaii
• Lynne Kimoto Madden
Secretary
President, CEO & Chairman of the Board of The Madden Corporation
• Jennifer Isobe
Treasurer
Principal, KKDLY CPAs LLC
Directors:
• Cherylee Chang, M.D.
Neurologist and Medical Director of the Neuroscience Institute at Queen's Medical
Center
• Kevin S.C. Chang
United States Magistrate Judge
• Sai Chantavy
Executive Director & CEO of Maunalani Nursing & Rehabilitation Center
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• William Crowley
Director of MidPacific Asset Advisors, LLC
• Keith Gendreau
President and Founder of East Pacific Investment Company, Inc
• Ronald N. S. Ho
Chairman, Ronald N. S. Ho & Associates
• Cory Kubota
Partner, Accuity LLP
• Benjamin A. Kudo
Ashford & Wriston LLC
• Bryan Luke
President and Chief Operating Officer of Hawaii National Bank
• Janice Luke Loo
Civic leader
• Michael W. Perry
Perry and the Posse Show on KSSK
• Patrick K. Sullivan, Ph.D
CEO & Founder of Oceanit
• Laurie K. S. Tom, M.D.
Endocrinologist
• Michael J. Wo
President, Owner of C. S. Wo & Son's Ltd
Medical Executive Committee
28. Defendant Rehab’s Medical Executive Committee in 2019 consisted of:
Officers:
• Stephen Oishi, M.D.
President
Internal Medicine
• Owen Nishikawa, M.D.
Vice President
Family Medicine
Members:
• Cedric Akau, M.D.
Physical Medicine & Rehabilitation
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• Jason C. Chang, M.D.
Chief Medical Officer and Vice President of Medical Affairs, REHAB Hospital of the
Pacific
Physical Medicine & Rehabilitation
• Ton Ming Chiang, M.D.
Physical Medicine & Rehabilitation
• Baron Ching, M.D.
Internal Medicine
• Dennis Crowley, M.D.
Physical Medicine & Rehabilitation
• Timothy J. Roe, M.D.
President and Chief Executive Officer, REHAB Hospital of the Pacific
• Raymond S. Ono
Chairman of the Board, REHAB Hospital of the Pacific
• Nancy Lamport-Hughes, Ph.D.
Chief of Psychology
• Eugene Lee, M.D.
Internal Medicine/Pediatrics
• Marc Miyasaki, M.D.
Internal Medicine
• Nicholas Muraoka, DO
Medical Director, Comprehensive Pain Management Program
Physical Medicine & Rehabilitation
• Ryan Nomura, M.D.
Medical Director, Orthopedic Rehabilitation Program
Physical Medicine & Rehabilitation
• Shari Ann Oshiro, M.D.
Physical Medicine & Rehabilitation
• Brenda Hiromoto, RN, MSN
Director of Nursing
• Myron Shirasu, M.D.
Internal Medicine
• Amendeep Somal, M.D.
Medical Director, Spinal Cord Injury Program
Physical Medicine & Rehabilitation
• Brent Uyeno, M.D.
Internal Medicine
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• Kent Yamamoto, M.D.
Medical Director, Brain Injury and Stroke Programs
Physical Medicine & Rehabilitation
• Melvin Yee, M.D.
Neurology
• Jeffrey Yeoh, M.D.
Radiologist
REHAB Foundation Board of Directors
29. Defendant Rehab’s REHAB Foundation Board of Directors in 2019 consisted of:
Officers:
• Michael W. Perry
Chairman of the Board
Perry and the Posse show on KSSK
• Janice Luke Loo
Vice Chair of the Board
Civic leader
• Stanford Carr
Treasurer
CEO of Stanford Carr Development
• Laurie K. S. Tom, M.D.
Secretary
Endocrinologist
Directors:
• William Crowley
Director of MidPacific Asset Advisors, LLC
• Adelia C. Dung
Owner of Spectrum Wealth Management
• Gloria J. Gainsley
Retired pharmacist
• Keith Gendreau
President and Founder of East Pacific Investment Company, Inc
• Michael P. Irish
CEO of Halm’s Enterprises, Inc
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• Kara Kitazaki-Chun
Assistant Vice President of Quality Management at HMSA
• Eileen Kauhane Lota
Former executive with Hawaii Gourmet Cookies
• Bryan Luke
President and Chief Operating Officer of Hawaii National Bank
• Lynne Kimoto Madden
President, CEO & Chairman of the Board of The Madden Corporation
• Hideo “Joe” Morita
International businessman
• Raymond Ono
Retired Vice Chairman and Chief Banking Officer of First Hawaiian Bank
• Dale Ruff
Regional Vice President of Louis Vuitton Hawaii
• Glenn O. Sexton
Vice President and General Manager of Xerox Hawaii
• Lloyd T. Sueda
President of Sueda & Associates, Inc. AIA
• Mark Teruya
President of Armstrong Produce, Ltd
• Buzz Wo
Principal, CKW Financial Group
Emeritus:
• Edith Leong
• Sally McDermott
• Cherye Pierce
• Patricia T. Schnack
• James C. Wo
• George Irion
• Ted McAneeley
• Gerald Saito
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TIMOTHY ROE, M.D. – PRESIDENT AND
CHIEF EXECUTIVE OFFICER AT REHAB HOSPITAL
30. Defendant Roe is the President and Chief Executive Officer at Rehab Hospital.
As the highest ranking officer at Rehab Hospital, his responsibilities include managing Rehab
Hospital’s operations and overseeing personnel. Upon information and belief, Defendant Roe
worked closely with Defendant Chang and was directly responsible for hiring Defendant Chang
as an employee of Rehab Hospital and eventually promoting Defendant Chang to Chief Medical
Officer and Vice President of Medical Affairs at Rehab Hospital.
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JASON CHANG, M.D. – FORMER CHIEF MEDICAL OFFICER AND
VICE PRESIDENT OF MEDICAL AFFAIRS AT REHAB HOSPITAL
31. Defendant Chang was the Chief Medical Officer and Vice President of Medical
Affairs at Rehab Hospital. Defendant Chang was Plaintiff’s and Defendant Yamamoto’s
superior at Rehab Hospital.
32. After graduating from Iolani School, Defendant Chang received his undergraduate
degree from the University of California at Irvine and his medical degree from the John A. Burns
School of Medicine – University of Hawaii.
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33. Upon information and belief, Defendant Chang is currently employed by Hawaii
Pacific Neuroscience as the Director of Pain Medicine Center, Director of Center for Spine
Health, Director of Neurorehabilitation, and Director of Neuromuscular and EMG Lab.
“The Jason Chang Story” – Defendant Chang’s
Documented History of Abusive Behavior
34. In 2017, former Punahou School tennis coach Rusty Komori wrote a book called
Beyond the Lines: Creating a Leadership Culture to Achieve Extraordinary Results.
35. Within his book, Mr. Komori includes a stand-alone section entitled “The Jason
Chang Story” starting on page 34 that discusses in great detail Mr. Komori’s interactions and
experiences with Defendant Chang over an extended period of time as Defendant Chang’s tennis
coach, including several specific examples of Defendant Chang’s troubling behavior and
problems with discipline and attitude.
36. Within his book, Mr. Komori recounts Defendant Chang requesting to undergo
private tennis lessons with Mr. Komori, to which Mr. Komori responded, “I’ve watched you
compete in the tournaments and I know you’re a good player, but I’m not sure it would work out.
To be honest, your behavior and attitude are the opposite of what I try to teach.”
37. Within his book, Mr. Komori describes his direct observations of Defendant
Chang’s volatile and abusive behavior: “[W]hat I’d observed from Jason in tournaments was
extremely poor behavior and bad discipline. He frequently committed all three abuses –
verbal, racket, and ball – and often yelled and caused a scene on the tennis court during
competition. It was bad. And this is why I responded the way I did when he called. He was
definitely on the wrong end of the spectrum and needed major help and guidance. Jason
played with a lot of passion and fire, because he loved tennis. But nobody had taught him
discipline – how to control himself mentally and emotionally.”
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38. Within his book, Mr. Komori recounts a disturbing incident where, during a group
tennis lesson during the summer, Defendant Chang “had a major flare-up” and “threw his
racket against the fence on the far side of the tennis court,” to which Mr. Komori scolded
Defendant Chang and told him to leave the tennis court: "You’re number one, but you still can’t
control yourself after all this time and effort. Get out!”
Defendant Chang’s Wrongful Death Medical Malpractice Lawsuit
Involving the Sudden Death of Rehab Hospital Patient Jan Young
on May 14, 2013 while Defendant Chang was the Attending Physician
39. On September 26, 2014, during Defendant Chang’s employment by Defendant
Rehab at Rehab Hospital, two individuals named Justin K. Young and Benjamin Y. Kim retained
Richard Fried, Jr., Esq. to bring a wrongful death medical malpractice lawsuit against Defendant
Chang and Defendant Rehab.
40. The above-mentioned wrongful death medical malpractice lawsuit is captioned
Justin K. Young, Individually and as Personal Representative of the Estate of Jan Marie Young,
also known as Janis Young, Deceased, et al. v. Jason Chang, M.D., LLC, et al., Civ. No. 14-1-
2029-09 ECN (the “wrongful death lawsuit”).
41. The wrongful death lawsuit alleged that Rehab Hospital patient Jan Young died
on May 14, 2013 from a pulmonary embolism (i.e. a blood clot in her lungs) because Defendant
Chang, as the attending physician, failed to use standard and available measures to prevent
blood clots and failed to timely diagnose and treat Jan Young’s pulmonary embolism.
42. Justin K. Young and Benjamin Y. Kim’s Pretrial Statement, filed on May 15,
2015 in the wrongful death lawsuit, states: “On May 14, 2013, Jan experienced dizziness,
difficulty breathing, decreased oxygen saturation levels, and an extremely elevated heart rate
(“Extreme Tachycardia”). [Defendant Chang] was notified of Jan’s worsening condition, but
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he did not start any work-up or substantive treatment for pulmonary embolism.
[Defendant Chang] ordered a psych consult to evaluate Jan’s “anxiety” and, three hours
after he was notified of Jan’s unstable condition, an ambulance was called. Jan suffered
cardiac arrest before the ambulance arrived.”
43. On February 3, 2017, Defendant Chang’s attorney, Michael Van Dyke, Esq., sent
the Court a letter stating that the wrongful death lawsuit had been resolved through mediation.
44. A stipulation for dismissal with prejudice of all claims and parties was filed in the
wrongful death lawsuit on May 26, 2017.
45. Despite this incident and his documented history of abusive behavior, Defendant
Rehab and Defendant Roe continued to retain Defendant Chang as the Chief Medical Officer and
Vice President of Medical Affairs at Rehab Hospital.
(This space is intentionally left blank.)
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GARRETT YAMAMOTO, PT, DPT – FORMER INPATIENT
THERAPY MANAGER AT REHAB HOSPITAL
46. Defendant Yamamoto was an Inpatient Therapy Manager in the therapy
department at Rehab Hospital.
47. Defendant Yamamoto was Plaintiff’s direct supervisor at Rehab Hospital.
(This space is intentionally left blank.)
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REHAB HOSPITAL’S EMPLOYEE CODE OF CONDUCT
48. According to Defendant Rehab’s Employee Code of Conduct, “Employees and
agents value and treat each other with consideration, respect and dignity. . . . Employees and
agents shall not engage in any form of favoritism, discrimination, harassment, intimidation, or
actual or threatened violence against anyone they come into contact with during the course of
their work day.”
REHAB HOSPITAL’S EMPLOYEE DISCRIMINATION AND
SEXUAL HARASSMENT POLICIES
49. According to Defendant Rehab’s Employee Handbook, “all actions that could be
construed as discrimination and/or harassment because of . . . sex, sexual orientation . . . or any
other classification protected by federal and/or state law is prohibited. REHAB also prohibits
any inappropriate conduct that does not rise to the level of unlawful harassment.”
50. Defendant Rehab’s Employee Handbook also prohibits sexual harassment,
including but not limited to “Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature by any employee to any other employee . . . which
can form the basis for sexual harassment claims.”
51. Defendant Rehab’s Employee Handbook further defines “sexual harassment”:
“Inappropriate sexual conduct can take many forms. It is not limited to physical assaults,
unwelcome or unwanted sexual advances, and requests or demands for sexual favors. It can also
involve:
• Unnecessary or unwanted physical contact (e.g. patting, pinching, hugging or
intentionally brushing up against another employee’s body);
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• Verbal conduct (e.g. offensive sexual flirtations, advances, propositions, verbal
abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually
degrading words used to describe an individual or the telling of “dirty jokes”); and
• Non-verbal conduct (e.g. the display in the work place of sexually suggestive
objects, sexual pictures in the work place, winking, lingering glances, wolf whistles, sexual
gestures).
• Inappropriate sexual conduct becomes unlawful sexual harassment when: (1) the
unwelcome or unwanted sexual conduct or advances interferes with another person’s work
performance or creates an intimidating, hostile or offensive work environment; (2) personnel
decisions (e.g. transfers, promotions, scheduling, etc.) made by a supervisor are based on the
employee’s submission to or rejection of a sexual advance; and/or (3) submission to a sexual
advance is used as a condition of keeping a job, whether expressed in explicit terms or implied.”
52. Upon information and belief, Defendant Rehab’s sexual harassment employee
training program only consists of employees reviewing a few questions in a computer program
once a year, and fails to provide employees and their supervisors with any presentations,
seminars, or written manuals or procedures regarding sexual harassment.
AMERICAN MEDICAL ASSOCIATION CODE OF MEDICAL ETHICS OPINION 9.1.3
REGARDING “SEXUAL HARASSMENT IN THE PRACTICE OF MEDICINE”
53. The American Medical Association (“AMA”) Code of Medical Ethics are a set of
standards that define honorable behavior for a physician.
54. The AMA has adopted the following Principles as standards of conduct that
define the essentials of honorable behavior for the physician:
I. A physician shall be dedicated to providing competent medical care, with compassion
and respect for human dignity and rights.
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II. A physician shall uphold the standards of professionalism, be honest in all professional
interactions, and strive to report physicians deficient in character or competence, or
engaging in fraud or deception, to appropriate entities.
III. A physician shall respect the law and also recognize a responsibility to seek changes
in those requirements which are contrary to the best interests of the patient.
IV. A physician shall respect the rights of patients, colleagues, and other health
professionals, and shall safeguard patient confidences and privacy within the constraints
of the law.
V. A physician shall continue to study, apply, and advance scientific knowledge, maintain
a commitment to medical education, make relevant information available to patients,
colleagues, and the public, obtain consultation, and use the talents of other health
professionals when indicated.
VI. A physician shall, in the provision of appropriate patient care, except in emergencies,
be free to choose whom to serve, with whom to associate, and the environment in which
to provide medical care.
VII. A physician shall recognize a responsibility to participate in activities contributing to
the improvement of the community and the betterment of public health.
VIII. A physician shall, while caring for a patient, regard responsibility to the patient as
paramount.
IX. A physician shall support access to medical care for all people.
55. Under the AMA, there is a specific Code of Medical Ethics Opinion that
addresses “Sexual Harassment in the Practice of Medicine”:
9.1.3 Sexual Harassment in the Practice of Medicine
Sexual harassment can be defined as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature. Sexual
harassment in the practice of medicine is unethical. Sexual harassment exploits
inequalities in status and power, abuses the rights and trust of those who are
subjected to such conduct; interferes with an individual’s work performance, and
may influence or be perceived as influencing professional advancement in a
manner unrelated to clinical or academic performance harm professional working
relationships, and create an intimidating or hostile work environment; and is likely
to jeopardize patient care. Sexual relationships between medical supervisors and
trainees are not acceptable, even if consensual. The supervisory role should be
eliminated if the parties wish to pursue their relationship. Physicians should
promote and adhere to strict sexual harassment policies in medical workplaces.
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Physicians who participate in grievance committees should be broadly
representative with respect to gender identity or sexual orientation, profession,
and employment status, have the power to enforce harassment policies, and be
accessible to the persons they are meant to serve. AMA Principles of Medical
Ethics: II, IV, VII.
Amer. Med. Assoc., Code of Medical Ethics Opinion 9.1.3.
DEFENDANT CHANG’S AND DEFENDANT YAMAMOTO’S
SEXUAL DISCRIMINATION AND HARASSMENT
OF PLAINTIFF JANE DOE AT REHAB HOSPITAL
56. During Plaintiff’s employment at Rehab Hospital, particularly from early 2017
through early 2019, Defendant Chang and Defendant Yamamoto subjected Plaintiff to sexual
discrimination and sexual harassment, including but not limited to sexual advances, requests for
sexual favors, and other verbal and physical conduct of a sexual nature, on Rehab Hospital’s
grounds during work hours.
57. Defendant Chang’s and Defendant Yamamoto’s harassment of Plaintiff was
objectively severe and pervasive.
58. Defendant Chang’s and Defendant Yamamoto’s actions had the purpose and/or
effect of unreasonably interfering with Plaintiff’s work performance and creating an intimidating,
hostile, and offensive work environment.
59. Plaintiff perceived Defendant Chang’s and Defendant Yamamoto’s conduct as
unreasonably interfering with her work performance and creating an intimidating, hostile, and
offensive work environment.
60. Plaintiff’s perception of Defendant Chang’s and Defendant Yamamoto’s conduct
would be objectively reasonable to any person of Plaintiff’s gender.
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61. Defendant Rehab is vicariously liable for the hostile work environment sexual
harassment that its supervisory employees, Defendant Chang and Defendant Yamamoto, inflicted
upon Plaintiff.
62. Defendant Rehab is strictly liable for the hostile work environment sexual
harassment that its supervisory employees, Defendant Chang and Defendant Yamamoto, inflicted
upon Plaintiff.
63. Defendants, and/or any of them as mentioned above, failed to take prompt
investigative or remedial action to address Defendant Chang and/or Defendant Yamamoto’s
conduct.
64. Defendants, and/or any of them as mentioned above, were negligent, grossly
negligent, and/or reckless in hiring, retaining, training, and/or supervising Defendant Chang
and/or Defendant Yamamoto, and Defendants negligently inflicted emotional distress by
invading Plaintiff’s privacy.
65. The conduct of Defendants, and/or any of them as mentioned above, failed to
adhere to, and/or were inconsistent with, applicable standards of care, training, custom and
procedure as were required of them, and were therefore negligent, grossly negligent, and/or
reckless.
66. The conduct of Defendants, and/or any of them as mentioned above, constituted a
willful, wanton, and/or reckless disregard for Plaintiff’s wellbeing.
67. Defendants’ acts and/or omissions as set forth above constituted unfair
discriminatory practices in a place of public accommodation, that being a hospital.
68. Defendants’ acts and/or omissions as set forth above caused Plaintiff to suffer
severe emotional distress.
24
69. Defendants’ acts and/or omissions as set forth above constitute violations of
Hawaii law, including but not limited to Hawaii Revised Statutes (“HRS”) § 378-2, HRS § 386-
8, HRS § 489, Hawaii Administrative Rules § 12-46-109, gross negligence, civil conspiracy, and
respondeat superior.
70. Upon information and belief, Defendant Rehab regularly applies for grants with
the State of Hawaii Legislature in order to fund its activities and programs, pursuant to HRS §
42F-102.
71. Upon information and belief, Defendant Rehab regularly receives grant funding
from the State of Hawaii in order to fund its activities and programs.
72. Pursuant to HRS § 42F-103, the State of Hawaii only awards grants to
organizations that comply with all federal and state laws prohibiting discrimination, including
discrimination based on sex and sexual orientation.
73. Due to the sexual harassment and sexual orientation harassment that Defendant
Rehab’s supervisory employees Defendant Chang and Defendant Yamamoto inflicted upon
Plaintiff, Defendant Rehab failed to comply with state laws prohibiting discrimination based on
sex and sexual orientation.
74. As such, Defendant Rehab is no longer eligible to receive grant funding from the
State of Hawaii pursuant to HRS § 42F-103. Therefore, this Court should enter a declaratory
judgment that Defendant Rehab is ineligible to receive grant funding from the State of Hawaii
pursuant to HRS § 42F-103.
75. Defendants’ acts and/or omissions as set forth above are in violation of AMA
Code of Medical Ethics Opinion 9.1.3.
25
76. As a direct and proximate result of Defendants’ acts and/or omissions as set forth
above, Plaintiff has suffered damages and will continue to incur future damages, and asks leave
to amend this Complaint to show the total thereof at the time of trial, which amount of damages
is within the minimal jurisdictional limits of the Circuit Court.
REHAB HOSPITTAL IS GIVEN NOTICE OF DEFENDANT CHANG’S AND
DEFENDANT YAMAMOTO’S IMPROPER CONDUCT BY A
FEMALE REHAB HOSPITAL EMPLOYEE IN APRIL 2017
77. Joycelyn Brigoli was a female employee at Rehab Hospital from August 2014
until April 2017, and her position during this time was Occupational Therapist. From August
2014 until December 2016, she worked as an Occupational Therapist in the Inpatient Department
at Rehab Hospital. From December 2016 until April 2017, she worked as an Occupational
Therapist in the Outpatient Department at Rehab Hospital.
78. Ms. Brigoli has provided written testimony that in or around April 2017, she
advised Rehab Hospital Human Resources Director Tina Kobatake that both Defendant Chang
and Defendant Yamamoto were abusing their authority and taking advantage of Plaintiff. She
also advised Ms. Kobatake that Defendant Chang’s and Defendant Yamamoto’s improper
behavior was a strong factor in her leaving Rehab Hospital.
79. Ms. Brigoli’s signed Declaration states in relevant part:
7. In the period from December 2016 until April 2017 while I worked as an
Occupational Therapist in the Outpatient Department at Rehab, my
working area was located in the Occupational Therapy gym on the ground
level of the Rehab hospital. Jane Doe’s office and a separate, private
treatment room were also located within the Occupational Therapy gym.
As a result of this layout, I was able to clearly see and observe patients and
employees walk into the Occupational Therapy gym as well as into Jane
Doe’s office and the private treatment room on a daily basis.
26
8. In the period from December 2016 until April 2017, while I worked as an
Occupational Therapist in the Outpatient Department at Rehab, I regularly
observed Dr. Chang and Mr. Yamamoto abuse their authority and take
advantage of Jane Doe in several ways discussed below.
9. On several occasions, I witnessed Dr. Chang and Jane Doe enter the
private treatment room together with the door closed during hospital work
hours so that Jane Doe could perform free physical therapy services for Dr.
Chang. When Jane Doe performed these free physical therapy services for
Dr. Chang, Jane Doe was not able to complete her own work.
10. On several occasions, I witnessed Mr. Yamamoto and Jane Doe enter the
private treatment room together with the door closed during hospital work
hours so that Jane Doe could perform free physical therapy services for
Mr. Yamamoto. When Jane Doe performed these free physical therapy
services for Mr. Yamamoto, Jane Doe was not able to complete her own
work.
11. On several occasions, I witnessed both Dr. Chang and Mr. Yamamoto
enter Jane Doe’s office and take Jane Doe’s personal items such as food,
snacks, and beverages from her office without first asking for her
permission and without paying her back.
12. I believe that Dr. Chang and Mr. Yamamoto’s actions and behavior were
extremely unprofessional, unfair, and improper.
13. Dr. Chang and Mr. Yamamoto’s abuse of authority and behavior towards
Jane Doe did not feel right to me.
14. The abuse of authority by Dr. Chang and Yamamoto was so egregious and
blatant that I made a tip jar and placed it on Jane Doe’s desk in the hopes
that Dr. Chang and Mr. Yamamoto would compensate her for all the extra
services that she was forced to perform for them and for all the personal
items that they took without paying her back.
15. After observing this improper and unprofessional behavior for an extended
period of time, I decided that I could not continue to work in this type of
work environment where supervisors treated their subordinates in such a
poor, abusive, and unfair manner.
16. In or around April 2017, I decided to end my employment at Rehab.
17. Pursuant to Rehab procedures and protocol, I was instructed to attend a
formal exit interview with Human Resources Director Tina Kobatake. In
this interview, I informed Ms. Kobatake that I had observed Dr.
Chang and Mr. Yamamoto continually abuse their authority and take
27
advantage of Jane Doe on numerous occasions by constantly having
her provide them with free physical therapy services in the private
treatment room during work hours and by taking her personal items
without her permission. I also informed Ms. Kobatake that Dr.
Chang’s and Mr. Yamamoto’s improper behavior was a strong factor
in my decision to leave Rehab. I recall that Ms. Kobatake took notes
of our conversation and of the information I provided her.
18. I was under the impression that Ms. Kobatake and Rehab would take my
comments and observations in my formal exit interview seriously and
implement new policies and procedures to address my serious complaints
against Dr. Chang and Mr. Yamamoto.
19. Upon information and belief, I recently learned that Rehab did not take my
comments and observations in my exit interview seriously and did not
implement new policies or procedures to address my complaints against
Dr. Chang and Mr. Yamamoto.
20. Upon information and belief, I have learned that after I ended my
employment at Rehab in April 2017, there have been several female
employees who have made complaints against Dr. Chang and for
unprofessional and improper abuse of authority.
21. I am willing to testify in court at trial.
REHAB HOSPITAL FINALLY BEGINS TO INVESTIGATE
ITS SICK AND TOXIC CULTURE OF SEXUAL DISCRIMINATION AND
HARASSMENT OF FEMALE EMPLOYEES IN APRIL 2019
80. In or around April 2019, Defendant Rehab retained employment law expert Susan
Ichinose, Esq. to perform a formal investigation into Defendant Chang’s and Defendant
Yamamoto’s harassment of multiple female Rehab Hospital employees, including Plaintiff.
81. During Ms. Ichinose’s investigation, Stephen Oishi, MD, FACP, President of the
Rehab Hospital Medical Executive Committee, wrote a letter dated April 25, 2019 to Defendant
Chang and informed him that he was being suspended. In this letter, Dr. Oishi stated, “This
action is based on reported allegations that REHAB has received complaints that you
allegedly engaged in sexual harassment, intimidation and retaliation against at least three
female staff members within the last 2.5 years.”
28
82. In the same letter dated April 25, 2019 to Defendant Chang, Dr. Oishi also wrote,
“Due to the severity of these allegations, as well as prior complaints against you that resulted
in documented counseling, the Hospital must take immediate appropriate action to protect the
health or safety of any patient, employee or other person present at the Hospital.”
83. As a part of a two-month investigation, Ms. Ichinose interviewed numerous
Rehab Hospital employees including Defendant Chang, Defendant Yamamoto, and Plaintiff.
Ms. Ichinose’s investigation of Plaintiff was extremely meticulous and thorough as it consisted
of two separate face-to-face meetings with Plaintiff and one conference call over the course of
several weeks. Ms. Ichinose also requested that Plaintiff provide her with additional materials
pertinent to the investigation and Plaintiff fully complied with each of Ms. Ichinose’s requests.
Upon information and belief, Ms. Ichinose completed her investigation in or around late May
2019 and provided Defendant Rehab with a final investigation report.
84. Upon information and belief, within days of receiving the results of Ms.
Ichinose’s investigation and findings, Rehab Hospital Leadership terminated Defendant Chang
and Defendant Yamamoto effective June 10, 2019.
85. In a letter dated June 10, 2019, Rehab Hospital CEO Defendant Roe informed
Defendant Chang that the investigation found that Defendant Chang created a hostile work
environment for Plaintiff and he engaged in hostile work environment sexual harassment
of Plaintiff.
29
REHAB HOSPITAL ATTEMPTS TO SWEEP ITS SICK AND TOXIC CULTURE
OF SEXUAL DISCRIMINATION AND HARASSMENT OF
FEMALE EMPLOYEES UNDER THE RUG
86. Recently, Defendant Rehab took out a full-page color advertisement in the
October 2019 issue of Hawaii Business Magazine, which was an issue featuring the notable
headline “Your Workplace Should Be A Safe Space” as well as a main article entitled
“Pushing Back Against Sexual Harassment at Work,” which recounts the stories of brave and
courageous women who suffered from sexual harassment in the Hawaii workplace.
87. Defendant Rehab’s aforementioned full-page color advertisement in this particular
magazine issue is curiously entitled “Women Dedicated to Rebuilding Lives” and brags about
its “women leaders serving in a diverse number of roles who help us rebuild lives for those with
physical and cognitive impairments.”
(This space is intentionally left blank.)
30
88. The advertisement includes a carefully crafted image of 4 female Rehab Hospital
employees being used as props, standing side by side, smiling for the camera. The advertisement
also states, “We are grateful for them”:
89. In running this particular advertisement in this particular sexual harassment-
themed magazine issue, Defendant Rehab is blatantly attempting to control the narrative and
cover-up its twisted culture of female harassment and discrimination in the hopes that the general
public will never discover its secrets. It is already disingenous that Defendant Rehab is
31
pretending to actually care about its “women leaders”, however, Defendant Rehab’s audacity to
actually state to the general public with a straight face that “We are grateful for them” is two-
faced and truly despicable. Defendant Rehab should be ashamed of itself for trying to falsely
portray an image that it cares about its female employees when in actuality it has ignored
numerous complaints over the years by female employees of sexual harassment by male
supervisors, including the former Chief Medical Officer and Vice President of Medical
Affairs.
90. Not surprisingly, the advertisement fails to mention or include smiling
photographs of the “at least three female staff members within the last 2.5 years” who had to
endure and suffer from the toxic culture of male supervisors sexually harassing and
discriminating against female employees.
91. Plaintiff demands judgment against Defendants jointly and severally, as set forth
hereinafter.
WHEREFORE, Plaintiff respectfully demands judgment as follows:
A. For general damages against Defendants in an amount to be proven at trial;
B. For special damages against Defendants in an amount to be proven at trial;
C. For treble damages against Defendants pursuant to HRS § 489-7.5 in an amount to
be proven at trial or, in the alternative, punitive damages;
D. For an order granting Plaintiff’s costs and attorneys’ fees;
E. For pre- and post-judgment interest;
F. For declaratory judgment that Defendant Rehab is ineligible to receive grants
pursuant to HRS § 42F-103.
G. Any other relief the Court deems just and proper.
32
DATED: Honolulu, Hawaii, May 28, 2020.
/s/ Jason M. Tani__________________
JASON M. TANI
DANIEL M. CHEN
KRISTIE M. KUTAKA
ALEXANDER PANG
Attorneys for Plaintiff
JANE DOE
IN THE CIRCUIT COURT OF THE FIRST CIRCUIT
STATE OF HAWAII
JANE DOE,
Plaintiff,
v.
THE REHABILITATION HOSPITAL OF
THE PACIFIC, a Hawaii non-profit
corporation; TIMOTHY J. ROE, M.D.,
individually and in an official capacity;
JASON C. CHANG, M.D., individually and
in an official capacity; GARRETT
YAMAMOTO, individually and in an
official capacity; JOHN DOES 1-10; JANE
DOES 1-10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10; DOE NON-
PROFIT ENTITIES 1-10 and DOE
GOVERNMENTAL ENTITIES 1-10,
Defendants.
____________________________________
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil No. 1CCV-20-0000746 GWBC
(Other Non-Vehicle Tort)
DEMAND FOR TRIAL BY JURY
DEMAND FOR TRIAL BY JURY
Plaintiff JANE DOE, by and through her undersigned attorneys, RUSH MOORE LLP A
Limited Liability Law Partnership, hereby demands trial by jury on all issues triable herein.
DATED: Honolulu, Hawaii, May 28, 2020.
/s/ Jason M. Tani__________________
JASON M. TANI
DANIEL M. CHEN
KRISTIE M. KUTAKA
ALEXANDER PANG
Attorneys for Plaintiff
JANE DOE
_______________________________________________________________________________________________ ,
STATE OF HAWAI‘I
CIRCUIT COURT OF THE
FIRST CIRCUIT
SUMMONS
TO ANSWER CIVIL COMPLAINT
CASE NUMBER
PLAINTIFF VS. DEFENDANT(S)
TO THE ABOVE-NAMED DEFENDANT(S)
THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00 A.M. ON
PREMISES NOT OPEN TO THE GENERAL PUBLIC, UNLESS A JUDGE OF THE ABOVE-ENTITLED
COURT PERMITS, IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS.
A FAILURE TO OBEY THIS SUMMONS MAY RESULT IN AN ENTRY OF DEFAULT AND DEFAULT
JUDGMENT AGAINST THE DISOBEYING PERSON OR PARTY.
Effective Date of 28-Oct-2019
Signed by: /s/ Patsy Nakamoto
Clerk, 1st Circuit, State of Hawai‘i
Form 1C-P-787 (1CCT) (10/19)
Summons to Complaint
1CCV-20-0000746 GWBC
JANE DOE, THE REHABILITATION HOSPITAL OF THE PACIFIC, a
Hawaii non-profit corporation; TIMOTHY J. ROE, M.D.,
individually and in an official capacity; JASON C. CHANG,
M.D., individually and in an official capacity; GARRETT
YAMAMOTO, individually and in an official capacity; JOHN
DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS
1-10; DOE PARTNERSHIPS 1-10; DOE NON-PROFIT EN-
TITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10.
JANE DOE
c/o JASON M. TANI 4859-0 / DANIEL M. CHEN 7584-0 / KRISTIE M. KUTAKA 8185-0 / ALEXANDER PANG 10974-0
Rush Moore LLP A Limited Liability Law Partnership
737 Bishop Street, Mauka Tower, Suite 2400, Honolulu, Hawaii 96813
Tel: (808) 521-0400
Jason M. Tani, Esq./Daniel M. Chen, Esq./Kristie M. Kutaka, Esq./Alexander Pang, Esq.
Rush Moore LLP A Limited Liability Law Partnership
737 Bishop Street, Mauka Tower, Suite 2400, Honolulu, HI 96813

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Jane Doe v. Rehab Hospital

  • 1. RUSH MOORE LLP A Limited Liability Law Partnership JASON M. TANI 4859-0 jtani@rmhawaii.com DANIEL M. CHEN 7584-0 dchen@rmhawaii.com KRISTIE M. KUTAKA 8185-0 kkutaka@rmhawaii.com ALEXANDER PANG 10974-0 apang@rmhawaii.com Pacific Guardian Center, Mauka Tower 737 Bishop Street, Suite 2400 Honolulu, Hawaii 96813 Telephone No.: (808) 521-0400 Facsimile No.: (808) 521-0497 Attorneys for Plaintiff JANE DOE IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII JANE DOE, Plaintiff, v. THE REHABILITATION HOSPITAL OF THE PACIFIC, a Hawaii non-profit corporation; TIMOTHY J. ROE, M.D., individually and in an official capacity; JASON C. CHANG, M.D., individually and in an official capacity; GARRETT YAMAMOTO, individually and in an official capacity; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE NON- PROFIT ENTITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10, Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 1CCV-20-0000746 GWBC (Other Non-Vehicle Tort) COMPLAINT; DEMAND FOR TRIAL BY JURY; SUMMONS Electronically Filed FIRST CIRCUIT 1CCV-20-0000746 28-MAY-2020 10:18 AM
  • 2. 2 COMPLAINT Plaintiff JANE DOE (“Plaintiff”), by and through her attorneys RUSH MOORE LLP A Limited Liability Law Partnership, and for Complaint against Defendants THE REHABILITATION HOSPITAL OF THE PACIFIC, a Hawaii non-profit corporation; TIMOTHY J. ROE, M.D., individually and in an official capacity; JASON C. CHANG, M.D., individually and in an official capacity; GARRETT YAMAMOTO, individually and in an official capacity; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE NON-PROFIT ENTITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10, alleges and avers as follows: JURISDICTION 1. This Court has jurisdiction over this controversy pursuant to Hawaii Revised Statutes (“HRS”) § 603-21.5, as the amount in controversy, exclusive of interest, fees and costs, exceeds $25,000.00. 2. The First Circuit Court is the proper venue for this action pursuant to HRS § 603- 36, as the claims for relief arose on the island of Oahu. PARTIES 3. Plaintiff is and was at all times relevant herein a resident of the State of Hawaii, residing on Oahu. Plaintiff files this case pseudonymously in order to protect her identity, as set out in her Ex Parte Motion for Filing Documents Under “Doe” Designations. 4. Plaintiff is a physical therapist employed by REHAB Hospital of the Pacific (“Rehab Hospital”) from 2011 to the present. Plaintiff’s current position is Program Director for Advanced Rehabilitation Technologies. 5. Plaintiff is bisexual and primarily dates women.
  • 3. 3 6. Upon information and belief, Defendant THE REHABILITATION HOSPITAL OF THE PACIFIC (“Defendant Rehab”) is and was at all times relevant herein a domestic nonprofit corporation incorporated in the State of Hawaii. 7. Upon information and belief, Defendant TIMOTHY J. ROE, M.D. (“Defendant Roe”) is and was at all times relevant herein a resident of the State of the Hawaii. 8. Upon information and belief, Defendant Roe is the President and Chief Executive Officer of Defendant Rehab, and Plaintiff’s superior. 9. Upon information and belief, Defendant JASON C. CHANG, M.D. (“Defendant Chang”) is and was at all times relevant herein a resident of the State of Hawaii. 10. Upon information and belief, Defendant Chang was the former Chief Medical Officer and Vice President of Medical Affairs of Defendant Rehab, and Plaintiff’s superior. 11. Upon information and belief, Defendant GARRETT YAMAMOTO (“Defendant Yamamoto”) is and was at all times relevant herein a resident of the State of Hawaii. 12. Upon information and belief, Defendant Yamamoto was the former Inpatient Therapy Manager at Defendant Rehab, and Plaintiff’s direct supervisor. 13. Defendants JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, DOE NON-PROFIT ENTITIES 1-10, and DOE GOVERNMENTAL ENTITIES 1-10 (collectively referred to as “Doe Defendants”) are persons, corporations, partnerships, business entities and/or governmental entities who acted in a negligent, wrongful or tortious manner which proximately caused or contributed to the injuries and damages sustained by Plaintiff. Plaintiff has been unable to ascertain the names and identities of the above-named Doe Defendants from the investigation conducted to date. Accordingly, Plaintiff has sued the unidentified Doe Defendants herein with fictitious names
  • 4. 4 pursuant to Rule 17(d) of the Hawaii Rules of Civil Procedure, and Plaintiff will substitute the true names, identities, capacities, acts and/or admissions of the Doe Defendants when the same are ascertained. PLAINTIFF JANE DOE – REHAB HOSPITAL PROGRAM DIRECTOR FOR ADVANCED REHABILITATION TECHNOLOGIES 14. Plaintiff knew from an early age that she wanted to dedicate her life to helping local people recover from serious physical injuries. As such, her life-long dream was to become a physical therapist at Rehab Hospital. 15. Plaintiff attended and graduated from Punahou School. During high school, Plaintiff’s best friend suffered a spinal cord injury while surfing and she closely observed how important the rehabilitation process is for people with serious injuries. Additionally, Plaintiff tore her ACL in high school and she experienced first-hand how painful and frustrating the rehabilitation process can be. Due to these personal and emotional experiences, Plaintiff decided in high school to commit to pursuing a career in physical therapy so that one day she could work at Rehab Hospital and help injured patients. 16. Plaintiff considered a physical therapist position at Rehab Hospital her dream job because Rehab Hospital is the only comprehensive medical rehabilitation hospital in the State of Hawaii and working at Rehab Hospital would allow her the opportunity to treat and help local patients in Hawaii in need of rehabilitation. 17. To achieve her dream job at Rehab Hospital, Plaintiff formulated a plan to obtain a B.S. and a doctoral degree in physical therapy, work on the mainland to gain experience in the physical therapy field, and then return to Hawaii to work at Rehab Hospital. After graduating from Punahou School, Plaintiff took the first step in her plan to become a physical therapist by
  • 5. 5 majoring in Exercise & Sports Science at Oregon State University where she obtained a B.S. degree. Following college, Plaintiff continued on her path to becoming a physical therapist by earning her Doctor of Physical Therapy from Samuel Merritt College in Oakland, California. After she earned her Doctor of Physical Therapy, Plaintiff worked on the mainland in the Rehab unit at Cedars-Sinai in Los Angeles for three years and gained valuable experience. Plaintiff specifically chose to work in the Rehab unit at Cedars-Sinai so that she could gain valuable rehabilitation experience and fulfill her life-long dream of working at Rehab Hospital. Plaintiff then moved back home to Hawaii with plans to eventually find a position at Rehab Hospital. 18. In late October 2011, Plaintiff’s life-long dream finally came to fruition when she received an offer to work at Rehab Hospital as a physical therapist. From 2012 to 2014, Plaintiff was the Lead Spinal Cord Injury Physical Therapist. In 2014, Plaintiff became certified as an Assistive Technology Practitioner (ATP) and began to specialize in matching patients with assistive devices to help them become more independent. In 2015, Plaintiff was promoted to a director of a program designed to help patients fit into custom wheelchairs. While working at Rehab Hospital, Plaintiff received several awards and has been featured by Rehab Hospital in videos promoting her work at Rehab Hospital. Plaintiff’s career had an upward trajectory and it appeared that all of her hard work and dedication to the physical therapy field was resulting in her fulfilling her life’s goal. REHAB HOSPITAL OF THE PACIFIC 19. Defendant Rehab operates REHAB Hospital of the Pacific, an acute-care rehabilitation facility located at 226 N. Kuakini Street, Honolulu, HI 96817. 20. Defendant Rehab’s purported slogan is: “Rebuilding Lives Together.”
  • 6. 6 REHAB’S VISION, MISSION, AND CORE VALUES 21. Defendant Rehab represents that its “Vision” is: “REHAB is among the best rehabilitation hospitals in the Country.” 22. Defendant Rehab represents that its “Mission” is: “REHAB rebuilds lives together with individuals, families and communities by providing exemplary patient care services for those with physical and cognitive disabilities in Hawaii and the Pacific, utilizing a continuum of rehabilitation services that are advanced through education, technology and research.” 23. Defendant Rehab represents that its “Core Values” are the following: • Honesty - Speak and act with truth and respect • Engagement - Embrace and commit to our mission, vision and values • Aloha - Serve others with a spirit of kindness and compassion • Resilience - Rebound and recover with a sense of urgency • Teamwork - Work together for success REHAB HOSPITAL’S 6 PILLARS OF EXCELLENCE 24. Defendant Rehab represents that its 6 Pillars of Excellence are the foundation for its vision to continually enhance the rehabilitation experience. These 6 Pillars supposedly demonstrate Defendant Rehab’s commitment to become the best place to work, provide rehabilitation and receive care: • “Quality Pillar Goal – Continually improve clinical excellence and patient safety to establish rehabilitation standards in Hawaii’s medical community and exceed patient expectations.
  • 7. 7 • Service Pillar Goal – Create exceptional experiences in every situation by always doing the right thing the first time and demonstrating service excellence to all internal and external customers. • People Pillar Goal – Create a workforce culture of “ohana” that attracts and retains the best and brightest people who care about, believe in and are committed to REHAB’s mission and values. • Finance Pillar Goal – Continually improve financial results to assure REHAB’s ability to upgrade its facilities, invest in the latest patient equipment and information technology and provide quality, patient-focused health care services. • Growth Pillar Goal – Promote consistent growth in net revenue to increase and maintain market share across the State and ensure REHAB’s sustainability. • Community Pillar Goal – Be an exemplary community citizen by being an advocate for the disabled, providing financial assistance and other resources to those in need. Being a leader in the development of partnerships with healthcare systems to ensure coordination of care and effective delivery of services.” REHAB HOSPITAL’S LEADERSHIP 25. Defendant Rehab’s Leadership consists of four groups: (a) Executive Leadership; (b) Hospital Board of Directors; (c) Medical Executive Committee; and (d) REHAB Foundation Board of Directors. Executive Leadership 26. Defendant Rehab’s Executive Leadership in 2019 consisted of: • Timothy J. Roe, M.D. President and Chief Executive Officer, Acting Chief Medical Officer
  • 8. 8 • Wendy Manuel Vice President & Chief Financial Officer (CFO) • Susan Gabriel, RN, MSN Vice President, Clinical Services • Colbert Seto Chief Information Officer (CIO) • Taylor Ayers Director of Facilities & Safety Officer • Georgia McCullough, RN, JD, MPH Compliance & Privacy Officer Hospital Board of Directors 27. Defendant Rehab’s Hospital Board of Directors in 2019 consisted of: Officers: • Raymond S. Ono Chairman of the Board Retired Vice Chairman and Chief Banking Officer of First Hawaiian Bank • Glenn Sexton Vice Chair Vice President and General Manager of Xerox Hawaii • Lynne Kimoto Madden Secretary President, CEO & Chairman of the Board of The Madden Corporation • Jennifer Isobe Treasurer Principal, KKDLY CPAs LLC Directors: • Cherylee Chang, M.D. Neurologist and Medical Director of the Neuroscience Institute at Queen's Medical Center • Kevin S.C. Chang United States Magistrate Judge • Sai Chantavy Executive Director & CEO of Maunalani Nursing & Rehabilitation Center
  • 9. 9 • William Crowley Director of MidPacific Asset Advisors, LLC • Keith Gendreau President and Founder of East Pacific Investment Company, Inc • Ronald N. S. Ho Chairman, Ronald N. S. Ho & Associates • Cory Kubota Partner, Accuity LLP • Benjamin A. Kudo Ashford & Wriston LLC • Bryan Luke President and Chief Operating Officer of Hawaii National Bank • Janice Luke Loo Civic leader • Michael W. Perry Perry and the Posse Show on KSSK • Patrick K. Sullivan, Ph.D CEO & Founder of Oceanit • Laurie K. S. Tom, M.D. Endocrinologist • Michael J. Wo President, Owner of C. S. Wo & Son's Ltd Medical Executive Committee 28. Defendant Rehab’s Medical Executive Committee in 2019 consisted of: Officers: • Stephen Oishi, M.D. President Internal Medicine • Owen Nishikawa, M.D. Vice President Family Medicine Members: • Cedric Akau, M.D. Physical Medicine & Rehabilitation
  • 10. 10 • Jason C. Chang, M.D. Chief Medical Officer and Vice President of Medical Affairs, REHAB Hospital of the Pacific Physical Medicine & Rehabilitation • Ton Ming Chiang, M.D. Physical Medicine & Rehabilitation • Baron Ching, M.D. Internal Medicine • Dennis Crowley, M.D. Physical Medicine & Rehabilitation • Timothy J. Roe, M.D. President and Chief Executive Officer, REHAB Hospital of the Pacific • Raymond S. Ono Chairman of the Board, REHAB Hospital of the Pacific • Nancy Lamport-Hughes, Ph.D. Chief of Psychology • Eugene Lee, M.D. Internal Medicine/Pediatrics • Marc Miyasaki, M.D. Internal Medicine • Nicholas Muraoka, DO Medical Director, Comprehensive Pain Management Program Physical Medicine & Rehabilitation • Ryan Nomura, M.D. Medical Director, Orthopedic Rehabilitation Program Physical Medicine & Rehabilitation • Shari Ann Oshiro, M.D. Physical Medicine & Rehabilitation • Brenda Hiromoto, RN, MSN Director of Nursing • Myron Shirasu, M.D. Internal Medicine • Amendeep Somal, M.D. Medical Director, Spinal Cord Injury Program Physical Medicine & Rehabilitation • Brent Uyeno, M.D. Internal Medicine
  • 11. 11 • Kent Yamamoto, M.D. Medical Director, Brain Injury and Stroke Programs Physical Medicine & Rehabilitation • Melvin Yee, M.D. Neurology • Jeffrey Yeoh, M.D. Radiologist REHAB Foundation Board of Directors 29. Defendant Rehab’s REHAB Foundation Board of Directors in 2019 consisted of: Officers: • Michael W. Perry Chairman of the Board Perry and the Posse show on KSSK • Janice Luke Loo Vice Chair of the Board Civic leader • Stanford Carr Treasurer CEO of Stanford Carr Development • Laurie K. S. Tom, M.D. Secretary Endocrinologist Directors: • William Crowley Director of MidPacific Asset Advisors, LLC • Adelia C. Dung Owner of Spectrum Wealth Management • Gloria J. Gainsley Retired pharmacist • Keith Gendreau President and Founder of East Pacific Investment Company, Inc • Michael P. Irish CEO of Halm’s Enterprises, Inc
  • 12. 12 • Kara Kitazaki-Chun Assistant Vice President of Quality Management at HMSA • Eileen Kauhane Lota Former executive with Hawaii Gourmet Cookies • Bryan Luke President and Chief Operating Officer of Hawaii National Bank • Lynne Kimoto Madden President, CEO & Chairman of the Board of The Madden Corporation • Hideo “Joe” Morita International businessman • Raymond Ono Retired Vice Chairman and Chief Banking Officer of First Hawaiian Bank • Dale Ruff Regional Vice President of Louis Vuitton Hawaii • Glenn O. Sexton Vice President and General Manager of Xerox Hawaii • Lloyd T. Sueda President of Sueda & Associates, Inc. AIA • Mark Teruya President of Armstrong Produce, Ltd • Buzz Wo Principal, CKW Financial Group Emeritus: • Edith Leong • Sally McDermott • Cherye Pierce • Patricia T. Schnack • James C. Wo • George Irion • Ted McAneeley • Gerald Saito
  • 13. 13 TIMOTHY ROE, M.D. – PRESIDENT AND CHIEF EXECUTIVE OFFICER AT REHAB HOSPITAL 30. Defendant Roe is the President and Chief Executive Officer at Rehab Hospital. As the highest ranking officer at Rehab Hospital, his responsibilities include managing Rehab Hospital’s operations and overseeing personnel. Upon information and belief, Defendant Roe worked closely with Defendant Chang and was directly responsible for hiring Defendant Chang as an employee of Rehab Hospital and eventually promoting Defendant Chang to Chief Medical Officer and Vice President of Medical Affairs at Rehab Hospital.
  • 14. 14 JASON CHANG, M.D. – FORMER CHIEF MEDICAL OFFICER AND VICE PRESIDENT OF MEDICAL AFFAIRS AT REHAB HOSPITAL 31. Defendant Chang was the Chief Medical Officer and Vice President of Medical Affairs at Rehab Hospital. Defendant Chang was Plaintiff’s and Defendant Yamamoto’s superior at Rehab Hospital. 32. After graduating from Iolani School, Defendant Chang received his undergraduate degree from the University of California at Irvine and his medical degree from the John A. Burns School of Medicine – University of Hawaii.
  • 15. 15 33. Upon information and belief, Defendant Chang is currently employed by Hawaii Pacific Neuroscience as the Director of Pain Medicine Center, Director of Center for Spine Health, Director of Neurorehabilitation, and Director of Neuromuscular and EMG Lab. “The Jason Chang Story” – Defendant Chang’s Documented History of Abusive Behavior 34. In 2017, former Punahou School tennis coach Rusty Komori wrote a book called Beyond the Lines: Creating a Leadership Culture to Achieve Extraordinary Results. 35. Within his book, Mr. Komori includes a stand-alone section entitled “The Jason Chang Story” starting on page 34 that discusses in great detail Mr. Komori’s interactions and experiences with Defendant Chang over an extended period of time as Defendant Chang’s tennis coach, including several specific examples of Defendant Chang’s troubling behavior and problems with discipline and attitude. 36. Within his book, Mr. Komori recounts Defendant Chang requesting to undergo private tennis lessons with Mr. Komori, to which Mr. Komori responded, “I’ve watched you compete in the tournaments and I know you’re a good player, but I’m not sure it would work out. To be honest, your behavior and attitude are the opposite of what I try to teach.” 37. Within his book, Mr. Komori describes his direct observations of Defendant Chang’s volatile and abusive behavior: “[W]hat I’d observed from Jason in tournaments was extremely poor behavior and bad discipline. He frequently committed all three abuses – verbal, racket, and ball – and often yelled and caused a scene on the tennis court during competition. It was bad. And this is why I responded the way I did when he called. He was definitely on the wrong end of the spectrum and needed major help and guidance. Jason played with a lot of passion and fire, because he loved tennis. But nobody had taught him discipline – how to control himself mentally and emotionally.”
  • 16. 16 38. Within his book, Mr. Komori recounts a disturbing incident where, during a group tennis lesson during the summer, Defendant Chang “had a major flare-up” and “threw his racket against the fence on the far side of the tennis court,” to which Mr. Komori scolded Defendant Chang and told him to leave the tennis court: "You’re number one, but you still can’t control yourself after all this time and effort. Get out!” Defendant Chang’s Wrongful Death Medical Malpractice Lawsuit Involving the Sudden Death of Rehab Hospital Patient Jan Young on May 14, 2013 while Defendant Chang was the Attending Physician 39. On September 26, 2014, during Defendant Chang’s employment by Defendant Rehab at Rehab Hospital, two individuals named Justin K. Young and Benjamin Y. Kim retained Richard Fried, Jr., Esq. to bring a wrongful death medical malpractice lawsuit against Defendant Chang and Defendant Rehab. 40. The above-mentioned wrongful death medical malpractice lawsuit is captioned Justin K. Young, Individually and as Personal Representative of the Estate of Jan Marie Young, also known as Janis Young, Deceased, et al. v. Jason Chang, M.D., LLC, et al., Civ. No. 14-1- 2029-09 ECN (the “wrongful death lawsuit”). 41. The wrongful death lawsuit alleged that Rehab Hospital patient Jan Young died on May 14, 2013 from a pulmonary embolism (i.e. a blood clot in her lungs) because Defendant Chang, as the attending physician, failed to use standard and available measures to prevent blood clots and failed to timely diagnose and treat Jan Young’s pulmonary embolism. 42. Justin K. Young and Benjamin Y. Kim’s Pretrial Statement, filed on May 15, 2015 in the wrongful death lawsuit, states: “On May 14, 2013, Jan experienced dizziness, difficulty breathing, decreased oxygen saturation levels, and an extremely elevated heart rate (“Extreme Tachycardia”). [Defendant Chang] was notified of Jan’s worsening condition, but
  • 17. 17 he did not start any work-up or substantive treatment for pulmonary embolism. [Defendant Chang] ordered a psych consult to evaluate Jan’s “anxiety” and, three hours after he was notified of Jan’s unstable condition, an ambulance was called. Jan suffered cardiac arrest before the ambulance arrived.” 43. On February 3, 2017, Defendant Chang’s attorney, Michael Van Dyke, Esq., sent the Court a letter stating that the wrongful death lawsuit had been resolved through mediation. 44. A stipulation for dismissal with prejudice of all claims and parties was filed in the wrongful death lawsuit on May 26, 2017. 45. Despite this incident and his documented history of abusive behavior, Defendant Rehab and Defendant Roe continued to retain Defendant Chang as the Chief Medical Officer and Vice President of Medical Affairs at Rehab Hospital. (This space is intentionally left blank.)
  • 18. 18 GARRETT YAMAMOTO, PT, DPT – FORMER INPATIENT THERAPY MANAGER AT REHAB HOSPITAL 46. Defendant Yamamoto was an Inpatient Therapy Manager in the therapy department at Rehab Hospital. 47. Defendant Yamamoto was Plaintiff’s direct supervisor at Rehab Hospital. (This space is intentionally left blank.)
  • 19. 19 REHAB HOSPITAL’S EMPLOYEE CODE OF CONDUCT 48. According to Defendant Rehab’s Employee Code of Conduct, “Employees and agents value and treat each other with consideration, respect and dignity. . . . Employees and agents shall not engage in any form of favoritism, discrimination, harassment, intimidation, or actual or threatened violence against anyone they come into contact with during the course of their work day.” REHAB HOSPITAL’S EMPLOYEE DISCRIMINATION AND SEXUAL HARASSMENT POLICIES 49. According to Defendant Rehab’s Employee Handbook, “all actions that could be construed as discrimination and/or harassment because of . . . sex, sexual orientation . . . or any other classification protected by federal and/or state law is prohibited. REHAB also prohibits any inappropriate conduct that does not rise to the level of unlawful harassment.” 50. Defendant Rehab’s Employee Handbook also prohibits sexual harassment, including but not limited to “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature by any employee to any other employee . . . which can form the basis for sexual harassment claims.” 51. Defendant Rehab’s Employee Handbook further defines “sexual harassment”: “Inappropriate sexual conduct can take many forms. It is not limited to physical assaults, unwelcome or unwanted sexual advances, and requests or demands for sexual favors. It can also involve: • Unnecessary or unwanted physical contact (e.g. patting, pinching, hugging or intentionally brushing up against another employee’s body);
  • 20. 20 • Verbal conduct (e.g. offensive sexual flirtations, advances, propositions, verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual or the telling of “dirty jokes”); and • Non-verbal conduct (e.g. the display in the work place of sexually suggestive objects, sexual pictures in the work place, winking, lingering glances, wolf whistles, sexual gestures). • Inappropriate sexual conduct becomes unlawful sexual harassment when: (1) the unwelcome or unwanted sexual conduct or advances interferes with another person’s work performance or creates an intimidating, hostile or offensive work environment; (2) personnel decisions (e.g. transfers, promotions, scheduling, etc.) made by a supervisor are based on the employee’s submission to or rejection of a sexual advance; and/or (3) submission to a sexual advance is used as a condition of keeping a job, whether expressed in explicit terms or implied.” 52. Upon information and belief, Defendant Rehab’s sexual harassment employee training program only consists of employees reviewing a few questions in a computer program once a year, and fails to provide employees and their supervisors with any presentations, seminars, or written manuals or procedures regarding sexual harassment. AMERICAN MEDICAL ASSOCIATION CODE OF MEDICAL ETHICS OPINION 9.1.3 REGARDING “SEXUAL HARASSMENT IN THE PRACTICE OF MEDICINE” 53. The American Medical Association (“AMA”) Code of Medical Ethics are a set of standards that define honorable behavior for a physician. 54. The AMA has adopted the following Principles as standards of conduct that define the essentials of honorable behavior for the physician: I. A physician shall be dedicated to providing competent medical care, with compassion and respect for human dignity and rights.
  • 21. 21 II. A physician shall uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception, to appropriate entities. III. A physician shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patient. IV. A physician shall respect the rights of patients, colleagues, and other health professionals, and shall safeguard patient confidences and privacy within the constraints of the law. V. A physician shall continue to study, apply, and advance scientific knowledge, maintain a commitment to medical education, make relevant information available to patients, colleagues, and the public, obtain consultation, and use the talents of other health professionals when indicated. VI. A physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care. VII. A physician shall recognize a responsibility to participate in activities contributing to the improvement of the community and the betterment of public health. VIII. A physician shall, while caring for a patient, regard responsibility to the patient as paramount. IX. A physician shall support access to medical care for all people. 55. Under the AMA, there is a specific Code of Medical Ethics Opinion that addresses “Sexual Harassment in the Practice of Medicine”: 9.1.3 Sexual Harassment in the Practice of Medicine Sexual harassment can be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment in the practice of medicine is unethical. Sexual harassment exploits inequalities in status and power, abuses the rights and trust of those who are subjected to such conduct; interferes with an individual’s work performance, and may influence or be perceived as influencing professional advancement in a manner unrelated to clinical or academic performance harm professional working relationships, and create an intimidating or hostile work environment; and is likely to jeopardize patient care. Sexual relationships between medical supervisors and trainees are not acceptable, even if consensual. The supervisory role should be eliminated if the parties wish to pursue their relationship. Physicians should promote and adhere to strict sexual harassment policies in medical workplaces.
  • 22. 22 Physicians who participate in grievance committees should be broadly representative with respect to gender identity or sexual orientation, profession, and employment status, have the power to enforce harassment policies, and be accessible to the persons they are meant to serve. AMA Principles of Medical Ethics: II, IV, VII. Amer. Med. Assoc., Code of Medical Ethics Opinion 9.1.3. DEFENDANT CHANG’S AND DEFENDANT YAMAMOTO’S SEXUAL DISCRIMINATION AND HARASSMENT OF PLAINTIFF JANE DOE AT REHAB HOSPITAL 56. During Plaintiff’s employment at Rehab Hospital, particularly from early 2017 through early 2019, Defendant Chang and Defendant Yamamoto subjected Plaintiff to sexual discrimination and sexual harassment, including but not limited to sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature, on Rehab Hospital’s grounds during work hours. 57. Defendant Chang’s and Defendant Yamamoto’s harassment of Plaintiff was objectively severe and pervasive. 58. Defendant Chang’s and Defendant Yamamoto’s actions had the purpose and/or effect of unreasonably interfering with Plaintiff’s work performance and creating an intimidating, hostile, and offensive work environment. 59. Plaintiff perceived Defendant Chang’s and Defendant Yamamoto’s conduct as unreasonably interfering with her work performance and creating an intimidating, hostile, and offensive work environment. 60. Plaintiff’s perception of Defendant Chang’s and Defendant Yamamoto’s conduct would be objectively reasonable to any person of Plaintiff’s gender.
  • 23. 23 61. Defendant Rehab is vicariously liable for the hostile work environment sexual harassment that its supervisory employees, Defendant Chang and Defendant Yamamoto, inflicted upon Plaintiff. 62. Defendant Rehab is strictly liable for the hostile work environment sexual harassment that its supervisory employees, Defendant Chang and Defendant Yamamoto, inflicted upon Plaintiff. 63. Defendants, and/or any of them as mentioned above, failed to take prompt investigative or remedial action to address Defendant Chang and/or Defendant Yamamoto’s conduct. 64. Defendants, and/or any of them as mentioned above, were negligent, grossly negligent, and/or reckless in hiring, retaining, training, and/or supervising Defendant Chang and/or Defendant Yamamoto, and Defendants negligently inflicted emotional distress by invading Plaintiff’s privacy. 65. The conduct of Defendants, and/or any of them as mentioned above, failed to adhere to, and/or were inconsistent with, applicable standards of care, training, custom and procedure as were required of them, and were therefore negligent, grossly negligent, and/or reckless. 66. The conduct of Defendants, and/or any of them as mentioned above, constituted a willful, wanton, and/or reckless disregard for Plaintiff’s wellbeing. 67. Defendants’ acts and/or omissions as set forth above constituted unfair discriminatory practices in a place of public accommodation, that being a hospital. 68. Defendants’ acts and/or omissions as set forth above caused Plaintiff to suffer severe emotional distress.
  • 24. 24 69. Defendants’ acts and/or omissions as set forth above constitute violations of Hawaii law, including but not limited to Hawaii Revised Statutes (“HRS”) § 378-2, HRS § 386- 8, HRS § 489, Hawaii Administrative Rules § 12-46-109, gross negligence, civil conspiracy, and respondeat superior. 70. Upon information and belief, Defendant Rehab regularly applies for grants with the State of Hawaii Legislature in order to fund its activities and programs, pursuant to HRS § 42F-102. 71. Upon information and belief, Defendant Rehab regularly receives grant funding from the State of Hawaii in order to fund its activities and programs. 72. Pursuant to HRS § 42F-103, the State of Hawaii only awards grants to organizations that comply with all federal and state laws prohibiting discrimination, including discrimination based on sex and sexual orientation. 73. Due to the sexual harassment and sexual orientation harassment that Defendant Rehab’s supervisory employees Defendant Chang and Defendant Yamamoto inflicted upon Plaintiff, Defendant Rehab failed to comply with state laws prohibiting discrimination based on sex and sexual orientation. 74. As such, Defendant Rehab is no longer eligible to receive grant funding from the State of Hawaii pursuant to HRS § 42F-103. Therefore, this Court should enter a declaratory judgment that Defendant Rehab is ineligible to receive grant funding from the State of Hawaii pursuant to HRS § 42F-103. 75. Defendants’ acts and/or omissions as set forth above are in violation of AMA Code of Medical Ethics Opinion 9.1.3.
  • 25. 25 76. As a direct and proximate result of Defendants’ acts and/or omissions as set forth above, Plaintiff has suffered damages and will continue to incur future damages, and asks leave to amend this Complaint to show the total thereof at the time of trial, which amount of damages is within the minimal jurisdictional limits of the Circuit Court. REHAB HOSPITTAL IS GIVEN NOTICE OF DEFENDANT CHANG’S AND DEFENDANT YAMAMOTO’S IMPROPER CONDUCT BY A FEMALE REHAB HOSPITAL EMPLOYEE IN APRIL 2017 77. Joycelyn Brigoli was a female employee at Rehab Hospital from August 2014 until April 2017, and her position during this time was Occupational Therapist. From August 2014 until December 2016, she worked as an Occupational Therapist in the Inpatient Department at Rehab Hospital. From December 2016 until April 2017, she worked as an Occupational Therapist in the Outpatient Department at Rehab Hospital. 78. Ms. Brigoli has provided written testimony that in or around April 2017, she advised Rehab Hospital Human Resources Director Tina Kobatake that both Defendant Chang and Defendant Yamamoto were abusing their authority and taking advantage of Plaintiff. She also advised Ms. Kobatake that Defendant Chang’s and Defendant Yamamoto’s improper behavior was a strong factor in her leaving Rehab Hospital. 79. Ms. Brigoli’s signed Declaration states in relevant part: 7. In the period from December 2016 until April 2017 while I worked as an Occupational Therapist in the Outpatient Department at Rehab, my working area was located in the Occupational Therapy gym on the ground level of the Rehab hospital. Jane Doe’s office and a separate, private treatment room were also located within the Occupational Therapy gym. As a result of this layout, I was able to clearly see and observe patients and employees walk into the Occupational Therapy gym as well as into Jane Doe’s office and the private treatment room on a daily basis.
  • 26. 26 8. In the period from December 2016 until April 2017, while I worked as an Occupational Therapist in the Outpatient Department at Rehab, I regularly observed Dr. Chang and Mr. Yamamoto abuse their authority and take advantage of Jane Doe in several ways discussed below. 9. On several occasions, I witnessed Dr. Chang and Jane Doe enter the private treatment room together with the door closed during hospital work hours so that Jane Doe could perform free physical therapy services for Dr. Chang. When Jane Doe performed these free physical therapy services for Dr. Chang, Jane Doe was not able to complete her own work. 10. On several occasions, I witnessed Mr. Yamamoto and Jane Doe enter the private treatment room together with the door closed during hospital work hours so that Jane Doe could perform free physical therapy services for Mr. Yamamoto. When Jane Doe performed these free physical therapy services for Mr. Yamamoto, Jane Doe was not able to complete her own work. 11. On several occasions, I witnessed both Dr. Chang and Mr. Yamamoto enter Jane Doe’s office and take Jane Doe’s personal items such as food, snacks, and beverages from her office without first asking for her permission and without paying her back. 12. I believe that Dr. Chang and Mr. Yamamoto’s actions and behavior were extremely unprofessional, unfair, and improper. 13. Dr. Chang and Mr. Yamamoto’s abuse of authority and behavior towards Jane Doe did not feel right to me. 14. The abuse of authority by Dr. Chang and Yamamoto was so egregious and blatant that I made a tip jar and placed it on Jane Doe’s desk in the hopes that Dr. Chang and Mr. Yamamoto would compensate her for all the extra services that she was forced to perform for them and for all the personal items that they took without paying her back. 15. After observing this improper and unprofessional behavior for an extended period of time, I decided that I could not continue to work in this type of work environment where supervisors treated their subordinates in such a poor, abusive, and unfair manner. 16. In or around April 2017, I decided to end my employment at Rehab. 17. Pursuant to Rehab procedures and protocol, I was instructed to attend a formal exit interview with Human Resources Director Tina Kobatake. In this interview, I informed Ms. Kobatake that I had observed Dr. Chang and Mr. Yamamoto continually abuse their authority and take
  • 27. 27 advantage of Jane Doe on numerous occasions by constantly having her provide them with free physical therapy services in the private treatment room during work hours and by taking her personal items without her permission. I also informed Ms. Kobatake that Dr. Chang’s and Mr. Yamamoto’s improper behavior was a strong factor in my decision to leave Rehab. I recall that Ms. Kobatake took notes of our conversation and of the information I provided her. 18. I was under the impression that Ms. Kobatake and Rehab would take my comments and observations in my formal exit interview seriously and implement new policies and procedures to address my serious complaints against Dr. Chang and Mr. Yamamoto. 19. Upon information and belief, I recently learned that Rehab did not take my comments and observations in my exit interview seriously and did not implement new policies or procedures to address my complaints against Dr. Chang and Mr. Yamamoto. 20. Upon information and belief, I have learned that after I ended my employment at Rehab in April 2017, there have been several female employees who have made complaints against Dr. Chang and for unprofessional and improper abuse of authority. 21. I am willing to testify in court at trial. REHAB HOSPITAL FINALLY BEGINS TO INVESTIGATE ITS SICK AND TOXIC CULTURE OF SEXUAL DISCRIMINATION AND HARASSMENT OF FEMALE EMPLOYEES IN APRIL 2019 80. In or around April 2019, Defendant Rehab retained employment law expert Susan Ichinose, Esq. to perform a formal investigation into Defendant Chang’s and Defendant Yamamoto’s harassment of multiple female Rehab Hospital employees, including Plaintiff. 81. During Ms. Ichinose’s investigation, Stephen Oishi, MD, FACP, President of the Rehab Hospital Medical Executive Committee, wrote a letter dated April 25, 2019 to Defendant Chang and informed him that he was being suspended. In this letter, Dr. Oishi stated, “This action is based on reported allegations that REHAB has received complaints that you allegedly engaged in sexual harassment, intimidation and retaliation against at least three female staff members within the last 2.5 years.”
  • 28. 28 82. In the same letter dated April 25, 2019 to Defendant Chang, Dr. Oishi also wrote, “Due to the severity of these allegations, as well as prior complaints against you that resulted in documented counseling, the Hospital must take immediate appropriate action to protect the health or safety of any patient, employee or other person present at the Hospital.” 83. As a part of a two-month investigation, Ms. Ichinose interviewed numerous Rehab Hospital employees including Defendant Chang, Defendant Yamamoto, and Plaintiff. Ms. Ichinose’s investigation of Plaintiff was extremely meticulous and thorough as it consisted of two separate face-to-face meetings with Plaintiff and one conference call over the course of several weeks. Ms. Ichinose also requested that Plaintiff provide her with additional materials pertinent to the investigation and Plaintiff fully complied with each of Ms. Ichinose’s requests. Upon information and belief, Ms. Ichinose completed her investigation in or around late May 2019 and provided Defendant Rehab with a final investigation report. 84. Upon information and belief, within days of receiving the results of Ms. Ichinose’s investigation and findings, Rehab Hospital Leadership terminated Defendant Chang and Defendant Yamamoto effective June 10, 2019. 85. In a letter dated June 10, 2019, Rehab Hospital CEO Defendant Roe informed Defendant Chang that the investigation found that Defendant Chang created a hostile work environment for Plaintiff and he engaged in hostile work environment sexual harassment of Plaintiff.
  • 29. 29 REHAB HOSPITAL ATTEMPTS TO SWEEP ITS SICK AND TOXIC CULTURE OF SEXUAL DISCRIMINATION AND HARASSMENT OF FEMALE EMPLOYEES UNDER THE RUG 86. Recently, Defendant Rehab took out a full-page color advertisement in the October 2019 issue of Hawaii Business Magazine, which was an issue featuring the notable headline “Your Workplace Should Be A Safe Space” as well as a main article entitled “Pushing Back Against Sexual Harassment at Work,” which recounts the stories of brave and courageous women who suffered from sexual harassment in the Hawaii workplace. 87. Defendant Rehab’s aforementioned full-page color advertisement in this particular magazine issue is curiously entitled “Women Dedicated to Rebuilding Lives” and brags about its “women leaders serving in a diverse number of roles who help us rebuild lives for those with physical and cognitive impairments.” (This space is intentionally left blank.)
  • 30. 30 88. The advertisement includes a carefully crafted image of 4 female Rehab Hospital employees being used as props, standing side by side, smiling for the camera. The advertisement also states, “We are grateful for them”: 89. In running this particular advertisement in this particular sexual harassment- themed magazine issue, Defendant Rehab is blatantly attempting to control the narrative and cover-up its twisted culture of female harassment and discrimination in the hopes that the general public will never discover its secrets. It is already disingenous that Defendant Rehab is
  • 31. 31 pretending to actually care about its “women leaders”, however, Defendant Rehab’s audacity to actually state to the general public with a straight face that “We are grateful for them” is two- faced and truly despicable. Defendant Rehab should be ashamed of itself for trying to falsely portray an image that it cares about its female employees when in actuality it has ignored numerous complaints over the years by female employees of sexual harassment by male supervisors, including the former Chief Medical Officer and Vice President of Medical Affairs. 90. Not surprisingly, the advertisement fails to mention or include smiling photographs of the “at least three female staff members within the last 2.5 years” who had to endure and suffer from the toxic culture of male supervisors sexually harassing and discriminating against female employees. 91. Plaintiff demands judgment against Defendants jointly and severally, as set forth hereinafter. WHEREFORE, Plaintiff respectfully demands judgment as follows: A. For general damages against Defendants in an amount to be proven at trial; B. For special damages against Defendants in an amount to be proven at trial; C. For treble damages against Defendants pursuant to HRS § 489-7.5 in an amount to be proven at trial or, in the alternative, punitive damages; D. For an order granting Plaintiff’s costs and attorneys’ fees; E. For pre- and post-judgment interest; F. For declaratory judgment that Defendant Rehab is ineligible to receive grants pursuant to HRS § 42F-103. G. Any other relief the Court deems just and proper.
  • 32. 32 DATED: Honolulu, Hawaii, May 28, 2020. /s/ Jason M. Tani__________________ JASON M. TANI DANIEL M. CHEN KRISTIE M. KUTAKA ALEXANDER PANG Attorneys for Plaintiff JANE DOE
  • 33. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII JANE DOE, Plaintiff, v. THE REHABILITATION HOSPITAL OF THE PACIFIC, a Hawaii non-profit corporation; TIMOTHY J. ROE, M.D., individually and in an official capacity; JASON C. CHANG, M.D., individually and in an official capacity; GARRETT YAMAMOTO, individually and in an official capacity; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE NON- PROFIT ENTITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10, Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 1CCV-20-0000746 GWBC (Other Non-Vehicle Tort) DEMAND FOR TRIAL BY JURY DEMAND FOR TRIAL BY JURY Plaintiff JANE DOE, by and through her undersigned attorneys, RUSH MOORE LLP A Limited Liability Law Partnership, hereby demands trial by jury on all issues triable herein. DATED: Honolulu, Hawaii, May 28, 2020. /s/ Jason M. Tani__________________ JASON M. TANI DANIEL M. CHEN KRISTIE M. KUTAKA ALEXANDER PANG Attorneys for Plaintiff JANE DOE
  • 34. _______________________________________________________________________________________________ , STATE OF HAWAI‘I CIRCUIT COURT OF THE FIRST CIRCUIT SUMMONS TO ANSWER CIVIL COMPLAINT CASE NUMBER PLAINTIFF VS. DEFENDANT(S) TO THE ABOVE-NAMED DEFENDANT(S) THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00 A.M. ON PREMISES NOT OPEN TO THE GENERAL PUBLIC, UNLESS A JUDGE OF THE ABOVE-ENTITLED COURT PERMITS, IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS. A FAILURE TO OBEY THIS SUMMONS MAY RESULT IN AN ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST THE DISOBEYING PERSON OR PARTY. Effective Date of 28-Oct-2019 Signed by: /s/ Patsy Nakamoto Clerk, 1st Circuit, State of Hawai‘i Form 1C-P-787 (1CCT) (10/19) Summons to Complaint 1CCV-20-0000746 GWBC JANE DOE, THE REHABILITATION HOSPITAL OF THE PACIFIC, a Hawaii non-profit corporation; TIMOTHY J. ROE, M.D., individually and in an official capacity; JASON C. CHANG, M.D., individually and in an official capacity; GARRETT YAMAMOTO, individually and in an official capacity; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE NON-PROFIT EN- TITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10. JANE DOE c/o JASON M. TANI 4859-0 / DANIEL M. CHEN 7584-0 / KRISTIE M. KUTAKA 8185-0 / ALEXANDER PANG 10974-0 Rush Moore LLP A Limited Liability Law Partnership 737 Bishop Street, Mauka Tower, Suite 2400, Honolulu, Hawaii 96813 Tel: (808) 521-0400 Jason M. Tani, Esq./Daniel M. Chen, Esq./Kristie M. Kutaka, Esq./Alexander Pang, Esq. Rush Moore LLP A Limited Liability Law Partnership 737 Bishop Street, Mauka Tower, Suite 2400, Honolulu, HI 96813