Settlement reached in Lindsay suit

Published 11:36 pm Tuesday, January 27, 2015

Michael Wayne Lindsay is seen Monday, November 17, 2014 at the Cullman County Courthouse.

Walker Baptist Medical Center and two plaintiffs have reached a settlement in a lawsuit that accuses the Jasper facility of causing the wrongful death of a Cullman County woman.

According to the plaintiffs’ attorney Trent Lowry, the exact parameters of the settlement are not yet available for discussion, and he and his clients reached the settlement last weekend.

Cullman County Circuit Judge Martha Williams issued an order Monday that ended the civil jury trial in light of the settlement.

The civil lawsuit began in response to the death of Tammy Lynn Lindsay, who was stabbed to death in a neighbor’s home after her husband was released from Walker Baptist Medical Center in March 2012. Her husband, Michael Wayne Lindsay, was involuntarily committed to the medical center on March 14, 2012, by then-Cullman County Probate Judge Leah Patterson-Lust.

Michael Lindsay was convicted of his wife’s murder last November.

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Walker Baptist Medical Center, under the direction of Dr. Syed Aftab and nurse James “Chip” Willingham, released Michael Lindsay despite the probate court’s order. During the murder trial, both men testified that they were unaware that the request was still in place at the time of his release.

Tammy Lindsay’s two children witnessed their mother’s death.

The next step in the court process is the finalization of the settlement and the scheduling of a Pro Ami hearing, which will determine if the settlement is in the best interest of the minor children.

Nathan D. Calahan and Paula R. Plunkett are the plaintiffs in the suit. Calahan is the father of one of Tammy Lindsay’s two children, and Plunkett is the personal guardian of Tammy Lindsay and Michael Lindsay’s biological child.

In an amendment to the complaint on Nov. 20, 2014, Plunkett accused the defense of inhibiting the psychiatric treatment of the child in her care.

According to that amendment, the defendants hired the child’s doctor to testify against her after deposing Plunkett and learning of the place where she was receiving treatment.

It asserts that, because of this, the child has been prohibited from receiving treatment and unable to obtain care from alternate sources.

The now-settled lawsuit also alleges that Walker Baptist Medical Center’s dismissal of Michael Lindsay resulted in the wrongful death of Tammy Lindsay, as well as emotional stress and mental anguish inflicted upon her two daughters.

Additionally, the lawsuit accused the medical center of malpractice and negligence.

Zach Winslett may be contacted at zwinslett@cullmantimes.com or (256) 734-2131, ext. 137.