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Retired Marshall Doctor Shaun Kelehan has filed a response denying allegations in a lawsuit filed by his former patient and friend Trey Wood.

Editor’s note: This story contains explicit content.

A retired Marshall doctor who is being sued by a former patient and friend who accused him of inappropriate sexual conduct has now filed an answer to the lawsuit through his attorney.

Doctor Shaun Kelehan who formerly practiced at his healthcare facility Access Family Health in Marshall has filed an answer to the lawsuit brought by former patient Trey Wood wherein he denies all claims of sexual misconduct and is requesting a jury trial.

Response

In the suit, Wood, through his attorney, had brought suit against Kelehan and Access Family Health for providing him opiates and narcotics while he was battling drug addiction. In addition to those allegations, the suit also alleged instances of sexual misconduct during which Wood said Kelehan sexually assaulted him while he was incapacitated from drugs provided to Wood by Kelehan.

In Kelehan’s response to the charges made by Wood in the suit, Kelehan firmly denies any instances of sexual misconduct or providing improper medical care.

“Defendants generally deny each and every allegation in Plaintiff’s Original Petition and demands strict proof thereof as required by the Texas Rules of Civil Procedure, Texas Rules of Evidence, and pursuant to the laws and Constitution of the State of Texas,” the response read. “Defendants further reserve the right to plead further and in greater particularity as permitted by law.”

In Wood’s suit, his attorney said they were seeking $1 million in damages — but Kelehan’s response offered different damages to be awarded.

“In the unlikely event Plaintiff is adjudged to be entitled to any damages in this matter, which Defendants deny, Defendants specifically plead and incorporate by reference all applicable caps and limitations upon any award of damages, including, but not limited to, economic, noneconomic, compensatory, and punitive damages, which are provided by law, including, but not limited to, the provisions of the Texas Civil Practice and Remedies Code,” the response read. “Plaintiff’s recovery of noneconomic damages, if any, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant.”

Kelehan also charged Wood is not entitled to medical care costs from former treatment because he said Wood never paid those costs.

“Defendants assert the limitation of recovery of damages set forth in § 41.0105 of the Texas Civil Practice & Remedies Code. To the extent Plaintiff seeks recovery for medical bills, expenses, and services that were never charged to Plaintiff and, thus, were never actually paid or incurred by Plaintiff or any person or entity on Plaintiff’s behalf, Defendants are entitled to credit for any offset, adjustment, or discount from fees for services. Plaintiff may only recover medical or healthcare expenses actually paid or incurred by Plaintiff or by some person or entity on Plaintiff’s behalf. Defendants contend that Plaintiff cannot recover the total amount of medical bills which have been adjusted or ‘written off’ by their health insurance providers or other third-party sources. Defendants, therefore, contend that any and all medical expenses must be reduced by the written-off or adjusted amount as is indicated by those providers and only the adjusted amount presented to the jury at the time of the trial of this matter.”

Kelehan’s attorney also wrote in the response that any damages due Wood from the alleged instances of sexual assault should not be awarded because they have passed the statue of limitations.

“Defendants assert that plaintiff’s claims for sexual assault and breach of fiduciary duty are barred by the statute of limitations pursuant to Sections 16.0045(b) and 16.004(5) of the Texas Civil Practice and Remedies Code. Defendants assert that plaintiff’s health care liability claims are barred by the statute of limitations pursuant to Section 74.251 of the Texas Civil Practice and Remedies Code. Defendants assert the defense of comparative responsibility and ask the Jury to determine the percentage of responsibility of each person or entity, whether or not joined in this lawsuit, for the injuries and damages about which Plaintiff complains.”

Kelehan’s response also denies responsibility due to circumstances outside of his control.

“Defendants plead that the incident in issue was caused, in whole or in part, by persons, entities, instrumentalities or factors beyond the control of Defendants and for whom Defendants are not legally responsible. Defendants hereby invoke the provisions of Texas Civil Practice & Remedies Code § 74.503 in the event there is an award of future damages and the Court determines the present value equals or exceeds $100,000.”

The Original Lawsuit

In the original lawsuit filed by Wood, Wood’s attorney claimed the case was about abuse of power.

“This is a case about abuse of trust and power. Defendant Kelehan was Mr. Wood’s physician and friend and used that status to provide prescription medications to Mr. Wood under the guise of providing medical care while the actual effect was to enable and exacerbate Mr. Wood’s drug addiction and, eventually, incapacitating him so that Defendant Kelehan could sexually assault Mr. Wood,” the lawsuit states. “The prescription medications included narcotics, opiates, and benzodiazepines and sometimes were provided via prescription and sometimes from Defendant Kelehan’s personal stash. Defendant Kelehan’s conduct has caused incalculable harm and long-lasting psychological damage to Mr. Wood.”

Kelehan was first reprimanded by the Texas Medical Board when Wood notified them of the allegations of drugging and sexual misconduct. Following the reprimand, the board said Kelehan voluntarily retired his practice once reports of more potential victims came forward.

Wood’s attorney previously said a trial date has not yet been set.

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