RICHLAND CO.—A small claims case won by a local woman in Richland County has only touched the surface of a much bigger problem facing a lab business in Olney.
Court records show that Heather Carnicle, an Olney woman, filed a small claims case against Bridgeance Phlebotomy Laboratory and Paramedical Services, formerly located at 801 S. West Street, Olney, on April 12 of this year.
The suit claimed that Bridgeance owed Carnicle $800 for “schooling to draw blood,” and that she “never received anything in return” for the money she gave.
Bridgeance, according to their website and those who formerly worked for them, opened about a year ago. They claim to be a CLIA (Clinical Laboratory Improvement Amendments) –approved, independent clinical laboratory offering “quality, convenient and exceptional phlebotomy and laboratory services for individuals and businesses in the southeastern part of Illinois.”
Also according to their website, Bridgeance does “employment bloodwork and drug collection and/or testing, DOT drug screen and alcohol collection, paternity and DNA sample collection, and blood draws and sample processing for clinical research.”
Because much of this revolves around the legal field (DNA draws for paternity, drug collection/screening for state-supported entities), the matter is of significant public interest, as Bridgeance testing outcomes can affect court cases and employment situations.
DOC employee
During Carnicle’s suit, she noted Bridgeance’s claims that the people drawing blood had had “years of experience,” and that they can “certify people” for phlebotomy practices in a short amount of time via a school operated by co-owner Marbie Downen, who, along with her husband, Daniel Downen, own Bridgeance.
Daniel Downen happens to be employed at Illinois Department of Corrections as a “correctional counselor” at the Lawrence Correctional Center outside of Sumner, making $66,000 annually, according to available court documents.
Marbie Patelona Mudag Downen is basically the operator of Bridgeance, as Daniel Downen has the full-time job. It was to Marbie Downen that people made the payments for the schooling that would enable them to become employed at the blood lab.
According to the contract on file, an individual such as Carnicle would pay the $800 fee, take the training, then Bridgeance would “pay compensation to her for services payment,” an amount “per procedure performed of $10 per blood draw and $8 per drug sample collection/testing.”
Carnicle would not be an “employee” of the lab, only an “independent contractor,” allowing Bridgeance to not have to pay benefits like health insurance, paid vacation or the like (a more common occurrence these days as the nation’s private businesses brace for the implementation of Obamacare.)
Such an agreement was signed by Carnicle on October 29, 2012, and she paid her fee, but services, according to her claim, were never given by Marbie Downen to get Carnicle on the way to providing phlebotomy work at Bridgeance.
Testimony shows practices
Carnicle decided to get a small claims case going against the business in April.
She was forced to hire an attorney in July when the Downens filed for federal bankruptcy protection May 21, 2013, naming an incredible array of credit card companies and overdrawn bank accounts as those to whom the Downens owed debt, and wished to see it discharged.
The filing was a Chapter 7 bankruptcy, which means that the bankruptcy trustee cancels most debts, and liquidates property if available in order to pay others. The Bridgeance property was not listed on the property they were seeking protection for, unlike their home real estate in Olney was.
Meanwhile, Carnicle was awarded her $800 and costs on Aug. 21, and was to be paid the $800 back, plus court costs of $106.
And while the Downen bankruptcy was filed back in May, on Aug. 26, it was noted on Carnicle’s Richland County small claims file that the Downens were making a bankruptcy claim against what they’ve been ordered by the court to pay Carnicle, thus offsetting payment to the young woman who never received Marbie Downen’s phlebotomy “school/certification” services, books, tools or instruction as promised.
Talking about Bridgeance
In the wake of the bankruptcy and small claims cases, people are now talking about Bridgeance and their practices.
This includes testimony on the stand from former lab manager Amy Lytle, who stated under oath during the small claims case that some things being done at that particular lab, such as Marbie Downen calling a “doctor friend” to sign orders for a blood draw if a person came in without such orders, made her uncomfortable and ultimately prompted her to quit working for the service.
In support of this, Melanie Sauls appeared on the stand, testifying that she, along with her husband Michael, went to get Melanie a blood draw to see how far along her pregnancy was, but didn’t have a doctor for bloodwork orders, so Marbie Downen, Sauls verified, told them “she would get a doctor’s order” for her.
Word about the small claims got so widespread on Facebook that Bridgeance shut down their own Facebook page, although Marbie Downen’s remains intact, as well as Bridgeance’s website presence.
The Downen bankruptcy, after coming to various settlements with a few of their creditors, received an order discharging the rest of the debt—credit card, quick loans, a couple of cell phone bills, a hospital bill from Richland Memorial and two court cases in Richland County, including Carnicle’s—on September 3, 2013.