Case 3:16-cv Document 1 Filed 02/22/16 Page 1 of 6 Page ID #1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

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1 Case 3:16-cv Document 1 Filed 02/22/16 Page 1 of 6 Page ID #1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LISA FERRELL, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF JORDAN DIXON, DECEASED, Plaintiff, v. Case No. 16-cv-192 THE UNITED STATES OF AMERICA, Defendant. COMPLAINT JURISDICTION Jurisdiction lies pursuant to the Federal Tort Claims Act, Title 28 U.S.C The administrative exhaustion requirement of the Federal Tort Claims Act has been satisfied as, on January 15, 2016, the Department of Health and Human Services denied Plaintiff s timely-filed administrative tort claim. COUNT I (Wrongful Death v. United States of America Comes now the plaintiff, Lisa Ferrell as Special Administrator of the Estate of Jordan Dixon, deceased, by and through her attorneys, KEEFE, KEEFE & UNSELL, and as next of kin, and for her Complaint against Defendant United States of America, states: 1. That on or about December 21, 2014 Jordan Dixon died, and his mother, Lisa Ferrell, has been duly appointed as special administrator of his estate and, as next of kin, brings

2 Case 3:16-cv Document 1 Filed 02/22/16 Page 2 of 6 Page ID #2 this action pursuant to the Illinois Wrongful Death Act, 740 ILCS 180/1 et seq. 2. That Jordan Dixon left surviving his mother Lisa Ferrell, his father Michael Dixon, his sister, Mikela Dixon, and his brother Eric Joshua Brown, all of whom are his next of kin. 3. That Southern Illinois Healthcare Foundation was at all times herein mentioned an agency of the United States of America. 4. That at all times herein mentioned, Dr. Robert Quaas was an agent, servant, and employee of Defendant, and was Jordan Dixon s pediatrician. 5. That on June 2, 2014, Defendant, by and through its agents, servants, and employees, assumed the care of Jordan Dixon. 6. That on June 2, 2014, Defendant, by and through its agents, servants, and employees, prescribed Jordan Dixon Minocycline for the treatment of acne. 7. That on July 3, 2014 and July 8, 2014, Jordan Dixon presented to Dr. Robert Quaas with symptoms of adverse drug reaction. 8. That Defendant, by and through its agents, servants, and employees, from June 2, 2014 to December 21, 2014, was guilty of one or more of the following negligent acts or omissions: (a Negligently and carelessly failed to recognize the DRESS syndrome. Page 2 of 6

3 Case 3:16-cv Document 1 Filed 02/22/16 Page 3 of 6 Page ID #3 (b Negligently and carelessly failed to diagnose an adverse drug reaction or DRESS syndrome. (c Negligently and carelessly failed to attribute the DRESS syndrome to minocycline. (d Negligently and carelessly failed to recommend the immediate discontinuation of minocycline. (e Negligently and carelessly failed to appropriately treat Jordan Dixon s adverse drug reaction. 9. That as a direct and proximate result of the negligence on the part of Defendant as aforesaid, Jordan Dixon died, and his next of kin have been permanently deprived of his love, companionship, society, guidance and support, have suffered grief, sorrow, and mental anguish, and have incurred and become liable for large sums of money in hospital, medical, funeral, and related expenses, all to their damage in a substantial amount. WHEREFORE, Plaintiff demands judgment for this Wrongful Death Count against Defendant in the amount of FIVE MILLION DOLLARS ($5,000, COUNT II (Survival v. United States of America 1. That on or about December 21, 2014 Jordan Dixon died, and his mother, Lisa Ferrell, has been duly appointed as special administrator of his estate and brings this action pursuant to the Illinois Survival Statute, 755 ILCS 5/27-6. Page 3 of 6

4 Case 3:16-cv Document 1 Filed 02/22/16 Page 4 of 6 Page ID #4 2. That Southern Illinois Healthcare Foundation was at all times herein mentioned an agency of the United States of America. 3. That at all times herein mentioned, Dr. Robert Quaas was an agent, servant, and employee of Defendant, and was Jordan Dixon s pediatrician. 4. That on June 2, 2014, Defendant, by and through its agents, servants, and employees, assumed the care of Jordan Dixon. 5. That on June 2, 2014, Defendant, by and through its agents, servants, and employees, prescribed Jordan Dixon Minocycline for the treatment of acne. 6. That on July 3, 2014 and July 8, 2014, Jordan Dixon presented to Dr. Robert Quaas with symptoms of adverse drug reaction. 7. That Defendant, by and through its agents, servants, and employees was guilty of one or more of the following negligent acts or omissions: (a Negligently and carelessly failed to recognize the DRESS syndrome. (b Negligently and carelessly failed to diagnose an adverse drug reaction or DRESS syndrome. (c Negligently and carelessly failed to attribute the DRESS syndrome to minocycline. (d Negligently and carelessly failed to recommend the immediate discontinuation of minocycline. Page 4 of 6

5 Case 3:16-cv Document 1 Filed 02/22/16 Page 5 of 6 Page ID #5 (e Negligently and carelessly failed to refer or appropriately treat Jordan Dixon s adverse drug reaction. 8. That as a direct and proximate result of the negligence of Defendant as aforesaid: Jordan Dixon s adverse drug reaction went undiagnosed, misdiagnosed, and untreated; his adverse condition progressed and was exacerbated; Jordan Dixon suffered permanent pain, suffering, mental anguish, and loss and enjoyment of a normal life up to the time of his death; and Jordan Dixon incurred hospital, medical and related bills up until the time of his death; all to his damage in a substantial amount. WHEREFORE, Plaintiff demands judgment for this Survival Count against Defendant in the amount of FIVE MILLION DOLLARS ($5,000, KEEFE, KEEFE & UNSELL, P.C. #6 Executive Woods Court Belleville, IL / (Telephone 618/ (Facsimile /s/thomas Q. Keefe, Jr. THOMAS Q. KEEFE, JR. IL REG NO Attorney for Plaintiff Page 5 of 6

6 Case 3:16-cv Document 1 Filed 02/22/16 Page 6 of 6 Page ID #6 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LISA FERRELL, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF JORDAN DIXON, DECEASED, Plaintiff, v. Case No. THE UNITED STATES OF AMERICA, Defendant. CERTIFICATE OF SERVICE I hereby certify that on February 22, 2016, I electronically filed COMPLAINT with the Clerk of Court using the CM/ECF system. KEEFE, KEEFE & UNSELL, P.C. #6 Executive Woods Court Belleville, IL / (Telephone 618/ (Facsimile /s/thomas Q. Keefe, Jr. THOMAS Q. KEEFE, JR. IL REG NO Attorney for Plaintiff Page 6 of 6