-... I ' I :;;_,_._,.~~-DEPOSITED. cv c..- a: (I) ~. CASE NO.

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1 I :;;_,_._,.-DEPOSITED! I en,;, c..-.:...ii: oo, oo >-z J: 1-w a:> <w LLO...J ou M I ' ffl ua: &:8 o...l- "' 3: <(.- _,cn:::j a: (I. a:w ci... ww ma: Zlw(l a:o ::Iza: j! z!:? -vs- ATOESE RICE, as mother and next friend of KEEDY JOHSO, a minor 346 Albion Road Cleveland, OH 4412 and ATOESE RICE, individually 346 Albion Road Cleveland, OH 4412 Plaintiffs, KAISER FOUDATIO HEALTH PLA OF OHIO dba KAISER PERMAETE c/o Its Statutory Agent Kaiser Foundation Health Plan of Ohio 11 Lakeside Avenue #12 Cleveland, OH and OHIO PERMAETE MEDICAL GROUP c/o Its Statutory Agent A C F 8 ICORP 2 Public Square, 23 Cleveland, OH and CLEVELAD CLIIC HEALTH SYSTEM c/o Its Statutory Agent The Cleveland Clinic Foundation 95 Euclid Avenue Cleveland, OH CASE O. JUDGE DICK AMBROSE cv Complaint COMPLAIT WITH AFFIDAVIT OF MERIT ATTACHED (Jury Demand Endorsed Hereon

2 C1> "' c:, and THE CLEVELAD CLIIC FOUDATIO c/o Its Statutory Agent CT Corporation System 139 East 9 1 h Street Cleveland, OH and CLEVELAD CLIIC HEALTH SYSTEM- EAST REGIO c/o Its Statutory Agent CT Corporation System 13 East inth Street Cleveland, OH ; c(v a:o and...ii: o. uo >-z CLEVELAD CLIIC ::t:<t 1-...J a:w c/o Its Statutory Agent <( u..o...j The Cleveland Clinic Foundation ou aa 95 Euclid Avenue ffiojii "' Cleveland, OH ujo < o..j ;::Ww io ::t:..- Cl::::l -- "' - and ii:"'. cj.,_ a:w ww ma: z..- wr.n HILLCREST HOSPITAL c/o Its Statutory Agent a:o ::::1- za: Cleveland Clinic Health System- z East Region CCAC, Science Park Drive "' AC Beachwood, OH and RACHELLE RAITA KEG, M.D. SJMH -Trinity Health GME Office 531 E Ann Arbor, Ml 4816 Defendants. 2

3 CLAIM FOR RELIEF OF KEEDY JOHSO 1. ow comes the plaintiff, Kennedy Johnson, a minor, by and through her mother and next friend, Antonese Rice, and for her Claim for Relief states that at all times pertinent hereto, defendants, Kaiser Foundation Health Plan of Ohio dba Kaiser Permanente, Ohio Permanente Medical Group, Cleveland Clinic Health System, The Cleveland Clinic Foundation, Cleveland Clinic Health System-East Region, Cleveland Clinic and Hillcrest Hospital, were Ohio corporations, companies and/or business entities which was licensed to do business in Ohio and were providing medical services in the State of Ohio, and were holding themselves out to the general public, including plaintiffs, as being possessed of the requisite skills, knowledge and facilities to offer quality medical care and treatment to the public. 2. Plaintiff, Kennedy Johnson, further states that defendant, Rachelle Ranita Keng, M.D., at all times pertinent hereto was a physician licensed to practice medicine in the State of Ohio and holding herself out to the general public, including plaintiffs, as being possessed of the requisite skills, knowledge and facilities to offer quality medical care and to the public. 3. Plaintiff, Kennedy Johnson, further states that at all times pertinent hereto defendant, Rachelle Ranita Keng, M.D., was acting as the duly authorized agent, employee and/or representative of defendants, Kaiser Foundation Health Plan of Ohio dba Kaiser Permanente, Ohio Permanente Medical Group, Cleveland Clinic Health System, The Cleveland Clinic Foundation, Cleveland Clinic Health System-East Region, Cleveland Clinic and Hillcrest Hospital, and was acting in the course and scope of her employment, and in furtherance of her master's business. 3

4 4. Plaintiff, Kennedy Johnson, further states that prior to June 18, 212, she and her mother came under the care of the defendants for the purposes of the management of the pregnancy, labor and delivery of plaintiff, Kennedy Johnson. 5. Plaintiff, Kennedy Johnson, further states that defendants were negligent in the management of the pregnancy, labor and delivery, and that such negligence was the direct and proximate cause of injuries to plaintiff, Kennedy Johnson. 6. Specifically, plaintiff states that defendants were negligent with respect to the use of Cervidil, with respect to the reading and interpretation of the fetal heart monitor, with allowing an induction of labor to go forward, with regard to the management of said induction of labor, and, further, plaintiff states that defendants were negligent in other respects to be shown at the time of trial. 7. As a direct and proximate result of the joint, combined and concurrent negligence of the defendants, along with the defendants' duly authorized agents, employees and/or representatives, plaintiff, Kennedy Johnson, sustained severe and permanent injuries to her brain and central nervous system, which will result in permanent motor and cognitive dysfunction, as well as other injuries to be set forth at the time of trial. 8. As a further direct and proximate result of the joint, combined and concurrent negligence of the defendants, plaintiff, Kennedy Johnson, sustained economic loss in the form of medical bills, a permanent impairment of her earning capacity, the need for future medical expense and supervisory and attendant care, as well as other expenses which will be set forth at the time of trial. 9. As a further result, plaintiff, Kennedy Johnson, sustained pain and suffering, a severe diminution in the quality of her life, and that her injuries are permanent. 4

5 1. Plaintiff, Kennedy Johnson, further states that she sustained other injuries which will be set forth at the time of trial. 11. Plaintiff, Kennedy Johnson, further states that the matter has been reviewed by a physician, Steven L. Warsof, M.D., who is competent to testify as to the issues herein, and who has executed an Affidavit of Merit, which is attached hereto and incorporated herein by reference. WHEREFORE, plaintiff, Kennedy Johnson, by and through her mother and next C>,..,. friend, Antonese Rice, demands judgment from defendants, Kaiser Foundation Health Plan of Ohio dba Kaiser Permanente, Ohio Permanente Medical Group, Cleveland Clinic Health System, The Cleveland Clinic Foundation, Cleveland Clinic Health System-East Region, Cleveland Clinic, Hillcrest Hospital, and Rachelle Ranita Keng, M.D., jointly and severally, in a sum of money in excess of Twenty-Five Thousand Dollars ($25,., together with interest and costs. CLAIM FOR RELIEF OF ATOESE RICE 12. ow comes the plaintiff, Antonese Rice, and for her Claim For Relief states that she incorporates by reference all of the facts, statements and allegations contained in the Claim For Relief Of Kennedy Johnson, as if fully restated and rewritten herein, and further states that at all times pertinent hereto, she is and was the mother and natural guardian of plaintiff Kennedy Johnson. 13. As a direct and proximate result of the joint, combined and concurrent negligence of the defendants, plaintiff, Antonese Rice, was caused to lose the services of her minor daughter, Kennedy Johnson. 5

6 14. As a further result, plaintiff, Antonese Rice, has been caused to incur medical expenses on behalf of her minor daughter and will continue to do so into the future on a permanent basis. 15. As a further result, plaintiff, Antonese Rice, sustained pain and suffering and emotional distress. 16. As a further result, plaintiff, Antonese Rice, sustained other injuries and damages which will be set forth at the time of trial. WHEREFORE, plaintiff, Antonese Rice, individually, demands judgment from defendants, Kaiser Foundation Health Plan of Ohio dba Kaiser Permanente, Ohio Permanente Medical Group, Cleveland Clinic Health System, The Cleveland Clinic Foundation, Cleveland Clinic Health System-East Region, Cleveland Clinic, Hillcrest Hospital, and Rachelle Ranita Keng, M.D., jointly and severally, in a sum of money in excess of Twenty-Five Thousand Dollars ($25,., together with interest and costs. Respectfully submitted, William S. Jacobson, Esq. (613 UREBERG, PARIS, HELLER & MCCARTHY CO., L.P.A. 137 Ontario Street - First Floor Cleveland, Ohio ( ; Fax ( Wjacobson@nphm.com Attorney for Plaintiffs 6