SUPERIOR COURT OF WASHINGTON FOR KING COUNTY NO. I. JURISDICTION

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1 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY MATTHEW HIPPS and SARAH HIPPS, husband and wife, v. Plaintiffs, VIRGINIA MASON MEDICAL CENTER and CHONG CHOE, MD, Defendants. NO. COMPLAINT FOR DAMAGES Plaintiffs Matthew and Sarah Hipps allege as follows: I. JURISDICTION 1.1 This Court has jurisdiction and venue with respect to the parties and subject matter of this action. The acts and omissions that give rise to plaintiffs claims occurred in Seattle, King County, Washington. 1. Declaration re: Arbitration. The plaintiffs have declined to submit this matter to arbitration under Chapter.0A RCW et seq., and the declaration required by RCW.0A.0()(a) has been filed contemporaneously with the filing of this Complaint. A copy of the Declaration of plaintiffs counsel is attached as Exhibit 1. II. PARTIES.1 Plaintiffs Matthew and Sarah Hipps are a married couple and are residents of King County, Washington. COMPLAINT FOR DAMAGES - 1 SEATTLE, WASHINGTON 1-0 PHONE: () -00 FAX: () -

2 . Defendant Virginia Mason Medical Center is a Washington Corporation authorized and doing business at all pertinent times in Seattle, King County, Washington.. Upon information and belief, defendant Chong Choe, MD, is a resident of King County, Washington. III. FACTS.1 Plaintiff Sarah Hipps is an anesthesiologist practicing at Group Health and Virginia Mason Medical Center in Seattle, Washington.. In January, plaintiff Matthew Hipps was diagnosed with an abdominal tumor. After consultation with medical experts around the country, the Hipps learned that the preferred course of treatment for the tumor was prompt surgical removal. In the days following the diagnosis, Matthew and Sarah Hipps selected the specific surgeons that were authorized to perform surgery on Matthew Hipps at Virginia Mason Medical Center. The surgery was scheduled for February, at Virginia Mason Medical Center.. At all pertinent times, defendants and/or their employees or agents, acting within the course and scope of their employment or agency, undertook responsibility for the health care and treatment of Matthew Hipps.. On the morning of February,, Matthew Hipps went to Virginia Mason Medical Center for the surgical removal of his abdominal tumor.. Upon arrival at the hospital, Virginia Mason staff said that Matthew Hipps surgery would require placing a stent in Matthew Hipps right ureter, a procedure that must be performed by a urologist. Matthew Hipps only consented to have Dr. Kathleen Kobashi, the head of the Urology Department at Virginia Mason Medical Center, perform the stent procedure.. When Dr. Kathleen Kobashi did not arrive near the time of Matthew Hipps surgery, Virginia Mason staff asked if Dr. Kobashi s fellow, defendant Chong Choe, MD, could explain the stent procedure and get Matthew Hipps signature on the consent form. Sarah Hipps, on behalf of her husband Matthew Hipps, agreed that defendant Dr. Choe could explain the COMPLAINT FOR DAMAGES - SEATTLE, WASHINGTON 1-0 PHONE: () -00 FAX: () -

3 consent form, but specifically stated that only Dr. Kathleen Kobashi was allowed to perform the stent procedure during surgery. When Matthew Hipps signed the consent form, the document stated that only Dr. Kathleen Kobashi was allowed to perform the stent procedure on Matthew Hipps. After Matthew Hipps signed the consent form, Sarah Hipps verbally confirmed with defendant Dr. Choe that he was not authorized to perform the stent procedure during Matthew Hipps surgery. Dr. Choe stated that he was just [Dr. Kathleen Kobashi s] surrogate to get the consent signed and that Dr. Kobashi was at the hospital and on her way.. Defendant Virginia Mason s surgery medical records reflect that Dr. Chong Choe not Dr. Kathleen Kobashi performed the stent procedure on Matthew Hipps. The operative records also reflect that Dr. Kathleen Kobashi, despite being clearly listed as the attending urologist on Matthew Hipps case, never arrived in the operating room during Matthew Hipps surgery. Defendant Dr. Choe performed the stent surgery on Matthew Hipps unattended by Dr. Kathleen Kobashi.. The urological procedure that defendant Dr. Chong Choe performed on Matthew Hipps during surgery did not go as planned and is described in Matthew Hipps medical records from Virginia Mason as a traumatic procedure.. Following surgery, Matthew Hipps started having urinary and urethral complications. His urine was bloody immediately after surgery. He noticed blood at the tip of his penis and complained of severe pain and swelling in his penis throughout his postoperative course. He experienced the most severe pain during Foley catheter replacement. Virginia Mason did not address these problems before Matthew Hipps was discharged home, despite knowledge of the problem by agents and employees of defendant Virginia Mason.. At home, Matthew s problems increased to the point where he had significant problems urinating. Ultimately it was determined that Matthew Hipps urethra had been obliterated by Dr. Chong Choe. Surgical repair of this condition was a two-stage process. Stage one involved harvesting tissue from the inside of Matthew Hipps mouth to build a urethra COMPLAINT FOR DAMAGES - SEATTLE, WASHINGTON 1-0 PHONE: () -00 FAX: () -

4 skin graft. Matthew Hipps penis was then splayed open to lay the skin graft in the place of the destroyed urethra. The penis was then left in the splayed open position for several months while the skin graft healed. Stage two involved putting Matthew Hipps penis back together once the skin graft had tubularized. Another three months of healing was required to complete the process.. Despite the surgical repair, Matthew Hipps is left with pain, disability and disfigurement.. During the painful and disabling surgical repair process, treatment for Matthew Hipps tumor could not begin. In addition, Matthew and Sarah Hipps were informed that because Matthew Hipps urethra was obliterated by Dr. Chong Choe, an additional area of trauma had been created in Matthew Hipps body, which is a risk factor for the formation of additional tumors. These facts have caused the plaintiffs significant mental turmoil.. Matthew and Sarah Hipps asked Virginia Mason for a copy of the consent form that Matthew Hipps signed authorizing only Dr. Kathleen Kobashi to perform the stent procedure during surgery. Virginia Mason provided the Hipps with a photocopy of the consent form. The photocopied consent form, attached as Exhibit to this Complaint, contained an additional slash and the name Choe after Dr. Kobashi s name. The name Choe did not appear on the consent form when Matthew Hipps signed it on the morning of his surgery. Matthew and Sarah Hipps have asked Virginia Mason to review the original consent form for inspection. Virginia Mason told Matthew and Sarah Hipps that the original consent form was discarded. IV. CAUSE OF ACTION MEDICAL NEGLIGENCE.1 The defendants and/or their respective employees or agents were negligent and violated the standard of care with respect to their care and treatment of Matthew Hipps.. The defendants negligent medical care and treatment of Matthew Hipps was a direct and proximate cause of injuries and damages to plaintiffs.. The defendants liability is joint and several in this action. COMPLAINT FOR DAMAGES - SEATTLE, WASHINGTON 1-0 PHONE: () -00 FAX: () -

5 V. CAUSE OF ACTION MEDICAL BATTERY.1 Defendant Chong Choe, MD, performed a medical procedure on Matthew Hipps when he knew that the patient had not consented for him to perform the procedure. This constitutes medical battery.. Defendant Choe s medical battery of Matthew Hipps was a direct and proximate cause of injuries and damages to plaintiffs. VI. DAMAGES.1 Plaintiff Matthew Hipps sustained injuries and damages that were a proximate result of the negligence of defendants and/or their respective employees or agents, and the medical battery by Dr. Choe, including, but not limited to, past, present and future physical and emotional disability, trauma and pain, and medical expenses. In addition, plaintiff Matthew Hipps has sustained a loss of earnings and other benefits of employment as a proximate result of the negligence of defendants and medical battery by Dr. Choe.. Plaintiff Sarah Hipps has sustained loss of consortium as a proximate result of the negligence and conduct of defendants.. Matthew Hipps and Sarah Hipps have sustained economic and non-economic damages in an amount that will be proven at the time of trial.. Plaintiffs seek all compensable damages permitted by and pursuant to applicable law.. The damages above are in an amount to be proven at trial. VII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray for judgment against defendants for the items of damages set forth above, together with interest from the date of the incident, and for costs, disbursements, attorney fees, and any other items of damages which may be appropriate in this case. COMPLAINT FOR DAMAGES - SEATTLE, WASHINGTON 1-0 PHONE: () -00 FAX: () -

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