the hearing provided the Petitioners by the New York State Courts. The Brief in Opposition has many misstatements of truth that this Reply will address.

     Moore deliberately misstates the truth about the Hospital’s actions. "While in the Hospital," he states, "Seth Speken allegedly became delusional and was placed in wrist and ankle restraints." (p3 Opposition Brief). Moreover, the website is not the plaintiffs "version" of the events, as Moore asserts. The entire medical chart is on the Internet and the reader can clearly see the Hospital’s actions that caused Seth’s death.

       For example:

1.    It shows the initiation of illegal restraints without consent of patient or family.

2.    It graphically describes 66+ hours of physical and mental suffering and injury to the point of kidney shutdown.

3.    It shows the continuation of injurious restraints even after kidney shutdown is acknowledged.

4.    It clearly shows the predictable outcome of death by massive Pulmonary Emboli due to vascular injury caused by struggling violently against illegal restraints.

B. The Affirmative Defense

     Seth was in acute and under treated violent withdrawal caused by unsupervised medical trainees. He was kept in 4 and 5 point total body restraints for 2 ½ days. This was not simple negligence but reckless endangerment, a criminal act in violation of New York State’s Health Law (§33.04). The Hospital’s Affirmative Defense was that their

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