Man complains about use of photo in I-330 brochure

OLYMPIA — A Seattle emergency-room technician says a doctor- and hospital-backed group improperly used a photo of him on a campaign brochure promoting a ballot measure that would limit medical-malpractice payouts.

Ethan Greggerson, who opposes Initiative 330, says he complained to the state after seeing the picture of himself on the cover of a brochure supporting the measure.

"The brochure is clearly deceptive," Judith Lonnquist, Greggerson's attorney, said in the complaint dated Tuesday to the state Public Disclosure Commission (PDC). "The ordinary voter would be misled by the ... brochure to think that Mr. Greggerson and other health-care workers support I-330, which they do not."

Doug Ellis, assistant director of the PDC, said Wednesday the campaign-watchdog agency had not received Greggerson's complaint. Ellis also said the state law against false political advertising applies to candidates, but doesn't mention initiative campaigns.

The brochure that sparked the complaint was sent out during the summer by Doctors, Nurses and Patients for a Healthy Washington, the political-action committee that is pushing I-330. The picture on the cover shows Greggerson holding the hand of a patient on a gurney. The photo is emblazoned with a "Yes 330" logo.

Jason Sykes, spokesman for the I-330 campaign, says he recalls talking to Greggerson during the photo shoot last spring, though he acknowledged the campaign did not get a signed release.

"I told him exactly what we were going to use this for," said Sykes, who added that he recalls talking to Greggerson about the new TV show "Grey's Anatomy."

"That's complete fabrication," Greggerson said. "The day the photo was taken, I was told it was something for my employer."

Greggerson said he doesn't recall talking to Sykes and insisted there was no mention of I-330 or any other political campaign.

Among other things, I-330 would limit attorney fees in medical-malpractice cases and place a $350,000 cap on what juries could award in noneconomic damages — also known as pain and suffering — to victims of medical negligence.

Supported primarily by doctors, hospitals, clinics and insurance companies, the I-330 campaign has raised more than $7 million, a record for a ballot initiative in this state.

Greggerson works at Swedish Medical Center in Seattle. The hospital's umbrella organization, Swedish Health Services, contributed $270,000 to the I-330 campaign.

"If they support this, it shouldn't be assumed that I do," Greggerson said.

Greggerson said he first saw the brochure about two months ago. He said he waited until now to file the complaint because he was going over options with his attorney.

In his complaint, Greggerson asks the PDC to force the I-330 campaign to pull any campaign material that uses his image. It also asks the PDC to impose fines and require the campaign to write a letter of apology.

Greggerson said he was acting on his own in filing the complaint. But it was his union, Service Employees International Union (SEIU) District 1199NW, that notified the media and put him in contact with reporters.

The union, which represents nurses and other hospital workers, recently filed a similar complaint against the I-330 campaign. The union alleges that the same brochure featuring Greggerson was designed to give the appearance that it came from the SEIU.

Most of the brochure's borders are purple, the union's trademark color. And it uses the phrase "Put Patients First," which happens to be a slogan the nurses union has been using.

Sykes said the I-330 campaign has been using purple on its materials for more than a year and the "Put Patients First" phrase since early this year.

"Asking the PDC to weigh in on whether or not they own a color seems patently ridiculous," Sykes said.

Both complaints allege violations of the state's law against false political advertising, which bans advertising that states or implies "the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement."

Ralph Thomas: 360-943-9882 or rthomas@seattletimes.com