IN THE CIRCUIT COURT OF ST. LOUIS CITY STATE OF MISSOURI

Transcription

1 IN THE CIRCUIT COURT OF ST. LOUIS CITY STATE OF MISSOURI SUSANNE MICHELS, MICHAEL MILES, CAUSE NO: AND DIVISION NO: SUSANNE MICHELS, PERSONAL REPRESENTATIVE OF THE ESTATE OF STELLA MILES, PLAINTIFFS, V. ST. LOUIS CHILDREN S HOSPITAL, SERVE: CSC-LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR STREET JEFFERSON CITY, MO 65101, WASHINGTON UNIVERSITY, SERVE: TERRY WHITAKER RISK MANAGEMENT CLAIMS MGR. 660 S. EUCLID AVENUE ST. LOUIS, MO VANESSA MONDESTIN, M.D., SERVE: CSC-LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR STREET JEFFERSON CITY, MO CORI L. DESANTO, M.D., SERVE: CSC-LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR STREET JEFFERSON CITY, MO CC

2 AMANDA KOPYDLOWSKI, M.D., SERVE: CSC-LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR STREET JEFFERSON CITY, MO AND KWEE THIO, M.D. SERVE: CSC-LAWYERS INCORPORATING SERVICE COMPANY 221 BOLIVAR STREET JEFFERSON CITY, MO DEFENDANTS. PETITION COME NOW Plaintiffs, by and through counsel, Burton M. Greenberg and Frank Niesen III, pursuant to Section and Chapter 538 of the Missouri Revised Statutes and for their cause of action against the Defendants, state as follows: PRELIMINARY ALLEGATIONS 1. Plaintiffs are citizens and residents of Franklin County, Missouri. Susanne Michels has been duly appointed as the Personal Representative of the Estate of Stella Miles by the Probate Court of Warren County, Missouri. 2. Plaintiffs Susanne Michels and Michael Miles are the surviving parents of Stella Miles, deceased ( Decedent who died single and without children on September 9, 2016 in Warren County at the age of thirteen months, of hyperammonemia. 3. Plaintiffs are the sole members of the priority class, described by Section (1 Mo. Rev. Stat., entitled to maintain this action. 2

3 4. The relevant acts and events, as herein alleged and described, occurred in September, 2016 on the premises of St. Louis Children s Hospital ( SLCH ( Hospital, a hospital and medical facility located within the political boundaries of the City of St. Louis, Missouri. Venue of this cause is proper in the City of St. Louis, Missouri. 5. Defendant SLCH was at all times material a corporation in good standing, which may be sued in its own name, and provided health and medical service to the public and to Decedent in particular at its facility SLCH. 6. Defendant Washington University ( WU was at all times material a corporation with its school of medicine located in the City of St. Louis, in good standing, which may be sued in its own name, and provided care to patients at St. Louis Children s Hospital, pursuant to an agreement with Defendant St. Louis Children s Hospital. 7. At all times mentioned hereinafter, Defendants Vanessa Mondestin, M.D. ( Mondestin, Cori L. DeSanto, M.D. ( DeSanto and Amanda Kopydlowski, M.D. ( Kopydlowski are and were resident physicians in the practice of medicine, representing and holding themselves to the public as such, and in particular to Decedent and plaintiffs, as having specialized expertise in the field of pediatric and child neurology, as well as genetics, and at all times were agents, employees and servants of the two corporate Defendants. 8. At all times mentioned hereinafter, Defendant Kwee Thio, M.D. ( Thio was an attending physician in the practice of medicine, representing and holding himself to the public as such, and in particular to Decedent and plaintiffs, as having specialized expertise in the field of pediatric and child neurology, as well as genetics, and at all times was an agent, employee and servant of the two corporate Defendants. 3

4 9. Each Defendant at all times mentioned herein, acted individually and by and through its agents, servants and employees, and as an agent, servant or employee, actual, ostensible or apparent, of each of the other Defendants and their agents, servants and employees, actual, ostensible or apparent, at all times acting within the scope and course thereof. 10. At all pertinent times, each of the Defendants either owned, managed, controlled, or had the right to control the manner, method and/or means of conduct of each of the other Defendants, or, in the alternative, each held herself, himself or itself out to the public, including the Decedent and Plaintiffs, as having such ownership, management or control of the other Defendants, or having the real or apparent right to act as the agent of the other Defendants. 11. Plaintiffs have secured the opinion of expert witnesses who have reviewed the case and found the Defendants conduct fell below the standard of care. A copy of the attorneys Affidavits are marked Exhibit A and G, respectively, and are attached. In addition, Plaintiffs attach the experts Affidavits and curriculum vitae which are marked Exhibit B (William Rhead, M.D., Ph.D., geneticist, Exhibit C (Timothy Bunchman, M.D., pediatric nephrologist, Exhibit D (Alexander Bassuk, M.D., Ph.D., pediatric neurologist, Exhibit E (Mendel Tuchman, M.D., geneticist and Exhibit F (Christopher Inglese, M.D., pediatric neurologist. Additional experts may well be endorsed. BACKGROUND 12. In the year 2016, Defendant SLCH had granted to Defendants Mondestin, DeSanto, Kopydlowski and Thio unlimited privileges to practice pediatric and child neurology. 13. Subsequently, on September 1, 2016 and continuing thereafter to September 4, 2016, the Decedent came under the care and treatment of Defendants SLCH and "WU" and Defendants Mondestin, DeSanto, Kopydlowski and Thio, who undertook to provide pediatric, 4

5 child neurologic and genetic services and treatment of Decedent, while Defendants held themselves out as expertly qualified by virtue of skill, training, experience, facilities, staffing, consults, public recognition, self-promotion and otherwise to do so. 14. Defendants, and each of them, individually, and by and through their agents and employees, whether actual, apparent or ostensible, failed to use that degree of skill and learning ordinarily used by and required of health care providers and members of each Defendant s respective profession, under the same or similar circumstances, and as set forth fully below, negligently and carelessly failed to properly diagnose, treat and refer to appropriate consults, the Decedent s medical condition. 15. As a direct and proximate result of the negligence and carelessness of Defendants, and each of them, and their failure to use or possess the requisite degree of professional skill and care, as other similarly situated health care providers, as more fully set forth hereinafter, Decedent suffered serious, painful and progressive injuries while alive and died on September 9, COUNT I MEDICAL NEGLIGENCE AS TO MONDESTIN, DESANTO, KOPYDLOWSKI AND THIO 16. Plaintiffs reallege and incorporate by reference as though fully set forth herein each and every allegation contained in paragraphs 1 through On or about September 1, 2016, Defendants and each of them undertook a subsequent and continuing duty to diagnose and treat the Decedent, who presented herself to, and came under their care, for the purpose of diagnosis, treatment and expert advice with respect to her conditions of lethargy, altered mental state, hyperammonemia, seizures, apnea and arrhythmia. 5

6 18. Defendants and each of them failed to exercise ordinary care, and otherwise failed to exercise the degree of care commonly exercised by other pediatric and child neurologists and geneticists in like cases, in the following respects: a. Defendants failed properly to treat the Decedent s conditions of hyperammonemia, seizures, apnea and arrhythmia; b. Defendants failed to treat the Decedent s elevated ALP; c. Defendants failed properly to treat the Decedent s elevated blood glucose; d. Defendants failed properly to treat the Decedent s elevated ALK phos; e. Defendants failed properly to recognize and treat the Decedent s in born error of metabolism; f. Defendants failed properly to recognize and treat the Decedent s urea cycle defect; g. Defendants failed properly to recognize and treat the Decedent s metabolic disorder; h. Defendants failed properly and timely to obtain a genetic consult; i. Defendants discharged Decedent without first consulting with and obtaining the results of genetic tests or re-ordering ammonia levels; j. Defendants failed properly to obtain a GI consult; k. Defendants failed properly to obtain an endocrinology consult; l. Defendants failed properly to obtain a pediatric nephrology consult; m. Defendants failed properly to take into consideration the fact that the Decedent s sister, Nicole Miles, who died on December 27, 2016, three months after Decedent s death on September 9, 2016, on information and 6

7 belief, also suffered from hyperammonemia at all times material, when Defendants knew, or should have known, by taking a proper history. n. Defendants discharged Decedent despite an elevated ammonia level; o. Defendants failed properly to order and provide ammonia scavenger medications; p. Defendants failed properly to order and provide hemodialysis; q. Defendants failed properly to stop protein feeds to prevent an additional nitrogen burden. r. Defendants failed to order monitoring for potential seizures, apnea and arrhythmia at home following discharge 19. On September 9, 2016, four days after Defendants discharged Decedent, her ammonia level was 1,242, and she died of hyperammonemia according to autopsy. 20. As a direct and proximate result of the negligence and carelessness of Defendants Mondestin, DeSanto, Kopydlowski and Thio, Decedent was caused to suffer great physical pain and mental anguish while alive. 21. As a direct and proximate result of the negligence and carelessness of Defendants Mondestin, DeSanto, Kopydlowski and Thio, Plaintiffs have suffered pecuniary losses, including, but not limited to, funeral, hospital and physicians bills; the Decedent s estate has sustained damages resulting from the pain and suffering endured by the Decedent. WHEREFORE, Plaintiffs state they have been damaged in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25, and the Personal Representative has been damaged in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS 7

8 ($25,000.00, for which they pray judgment, and for interest and their costs herein expended, and for such other and further relief as the Court deems just and proper. COUNT II CORPORATE AND GENERAL NEGLIGENCE AS TO DEFENDANT ST. LOUIS CHILDREN S HOSPITAL COME NOW Plaintiffs and for Count II of their cause of action against Defendant St. Louis Children s Hospital ( Hospital state: 22. Plaintiffs reallege and incorporate by reference as though fully set forth herein each and every allegation contained in paragraphs 1 through In September, 2016, Defendant Hospital owed a continuous duty of care to protect patients, including the Decedent, from foreseeable risk of harm, but yet in breach of that duty, knew or should have known the following and therefore acted negligently to-wit: a. Defendants Mondestin, DeSanto and Kopydlowski were residents and lacked the skill, knowledge and experience to undertake the responsibility for the care and treatment of the Decedent, but Defendant Hospital allowed them to do so; b. Allowed Defendants Mondestin, DeSanto and Kopydlowski to undertake the primary care and treatment of the Decedent without the ongoing supervision of the attending Defendant Thio; c. Defendant Hospital failed to have the Defendant attending pediatric neurologist Thio present at all times material to supervise and undertake the actual care and treatment of the Decedent. d. Defendant Hospital failed to process timely genetic tests. 8

9 e. Defendant Hospital failed to communicate the status of genetic testing to the individual Defendants prior to discharge of the Decedent. 24. Defendant Hospital negligently assigned the Decedent's care and treatment to the pediatric neurology department, instead of the GI, endocrinology, nephrology and genetic departments. 25. Defendant Hospital negligently allowed the Discharge Summary to be prepared by Defendant Thio on December 17, 2016, more than three months after he discharged the Decedent on September 4, 2016, with the intent to obfuscate the events involving the care and treatment of the Decedent. WHEREFORE, Plaintiffs state they have been damaged in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25, and the Personal Representative has been damaged in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00, for which they pray judgment, and for interest and their costs herein expended, and for such other and further relief as the Court deems just and proper. COUNT III RESPONDEAT SUPERIOR - ST. LOUIS CHILDREN'S HOSPITAL FOR THE ACTS AND OMISSIONS OF DEFENDANTS VANESSA MONDESTIN, M.D., CORI L. DESANTO, M.D., AMANDA KOPYDLOWSKI, M.D. AND KWEE THIO, M.D. 26. Plaintiffs restate and incorporate by reference, as though fully set forth herein, paragraph 1 through 25, inclusive from Counts I and II of their Petition. 27. At all times relevant herein, Defendant "SLCH" had employed or otherwise created an agency (actual, ostensible or apparent relationship with Defendants Mondestin, DeSanto, Kopydlowski and Thio. 9

10 28. At all times relevant, Defendants Mondestin, DeSanto, Kopydlowski and Thio were agents, servants and/or employees of Defendant "SLCH" and were acting within the course and scope of said agency and/or employment of Defendant "SLCH". 29. Defendant "SLCH", as a hospital duly licensed by the State of Missouri to provide care and treatment of persons such as the Decedent, by and through its servants, agents and/or employees Mondestin, DeSanto, Kopydlowski and Thio, owed certain duties to Decedent and Plaintiffs. 30. As a direct and proximate result of the acts and omissions of Defendants Mondestin, DeSanto, Kopydlowski, and Thio as set forth in Counts I and II, above, Defendant "SLCH" breached those duties owed to Plaintiffs and Decedent, and as a result thereof, Decedent endured pain and suffering and died, and Plaintiffs have suffered monetary losses and the death of their daughter. WHEREFORE, Plaintiffs and the Personal Representative each pray this Court for the entry of judgment in their favor and against Defendant "SLCH" in an amount to exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000.00, each, the minimum jurisdictional amount for this Court, for their costs in this behalf expended, interest and for such other and further relief as this Court deems just and proper. COUNT IV RESPONDEAT SUPERIOR WASHINGTON UNIVERSITY FOR THE ACTS AND OMISSIONS OF DEFENDANTS VANESSA MONDESTIN, M.D., CORI DESANTO, M.D., AMANDA KOPYDLOWSKI, M.D. AND KWEE THIO, M.D. 31. Plaintiffs restate and incorporate by reference, as though fully set forth herein, paragraphs 1 through 30, inclusive, from Counts I, II and III of this Petition. 10

11 32. At all times relevant, Defendant Washington University had employed or otherwise created an agency (actual, ostensible or apparent relationship with Defendants Mondestin, DeSanto, Kopydlowski and Thio. 33. At all times relevant, Defendants Mondestin, DeSanto, Kopydlowski and Thio were agents, servants and/or employees of Defendant Washington University and were acting within the course and scope of said agency and/or employment of Washington University. 34. Defendant Washington University, as an organization organized by the State of Missouri to provide care and treatment to persons such as Decedent, by and through its servants, agents and/or employees, Defendants Mondestin, DeSanto, Kopydlowski and Thio, owed certain duties to Decedent and Plaintiffs. 35. As a direct and proximate result of the acts and omissions of Defendants Mondestin, DeSanto, Kopydlowski and Thio, as set forth in Counts I, II and III, above, Defendant Washington University breached those duties, owed to Plaintiffs and Decedent, and as a result thereof, Decedent endured pain and suffering and died, and Plaintiffs suffered monetary losses and the death of their daughter. WHEREFORE, Plaintiffs and the Personal Representative each pray this Court for the entry of judgment in their favor and against Defendant Washington University in an amount to exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000.00, each, the minimum jurisdictional amount for this Court, for their costs in this behalf expended, interest and for such other and further relief as this Court deems just and proper. 11

12 Respectfully submitted By: /s/ Burton M. Greenberg Burton M. Greenberg, # North Broadway, Suite 1460 St. Louis, MO ( Attorney for Plaintiff Susanne Michels By: /s/ Frank Niesen III Frank Niesen III, # North Fourth Street, Suite 200 St. Louis, MO ( ( (fax Attorney for Plaintiff Michael Miles 12