Lesbian to sue Miami-Dade Public Health Trust after death of partner

By JOAN FLEISCHMAN, jfleischman@MiamiHerald.com

Janice Langbehn, a Lacey, Wash., social worker who accused Jackson Memorial Hospital of refusing to let her see her dying partner, is expected to file a federal lawsuit today against the Public Health Trust of Miami-Dade County, which governs JMH. She'll speak at a 9 a.m. news conference at Miami Marriott Biscayne Bay.

The allegations include negligent and intentional infliction of emotional distress, says her local lawyer, Donald Hayden. He represents her pro bono. Co-counsel is Beth Littrell of Lambda Legal, a nonprofit that tackles gay legal issues.

The history: Langbehn's partner of 17 years, Lisa Pond, collapsed from a brain aneurysm in February '07 aboard the Norwegian Jewel, shortly before the couple and three of their adopted children were to sail from Miami on an R Family Vacations cruise. (R Family Vacations, which caters to gays and lesbians, was co-founded by Rosie O'Donnell's partner Kelli. )

Langbehn says JMH refused to recognize her or the kids as family, even though she had power of attorney and documents declaring her Lisa's legal guardian in the event of incapacity. She also says JMH social worker Garnett Frederick told her that Florida is ``an anti-gay state.''

Jackson Health System public relations VP Robert Alonso declined to discuss the matter. ''We do not comment on pending litigation,'' he says. Last year, he told The Miami Herald that Frederick, the hospital social worker, vigorously denied making the comment. Alonso also said that any delay in visitation occurred because Pond was receiving emergency treatment at Ryder Trauma Center.

Says Littrell: ``We have documentation that there was no medical justification to keep this family apart hour after hour.''

Langbehn, 39, says she finally got to see Lisa for about five minutes when a priest performed last rites. ''And that was without the children,'' she says. ``Any family should have the right to hold their loved one's hand in the last moments of life, and we were denied that.''

The kids -- Katie, 11, David, 12, and Danielle, 14 -- are plaintiffs.

Frederick will be named as a defendant, along with Drs. Alois Zauner and Carlos Alberto Cruz, for allegedly denying access to Langbehn and the children.

Langbehn has become a gay rights advocate. This Saturday, she'll serve as grand marshal of the St. Pete Pride parade in St. Petersburg. She'll post photos of the news conference and the parade at thelpkids.com.