Date: 07-09-2015

Case Style: Audrey Ellis v. Tariq Mahmood, M.D., Carlos A. Egas, M.D. and Bryan J. Treacy, M.D.

Case Number: CJ-2011-6223

Judge: Patricia G. Parrish

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: R. Brad Miller, J. Logan Johnson and Andrew M. Gunn

Defendant's Attorney: Randall L. Sewell and Erin A. Renegar for Bryan J. Treacy, M.D.

Hilton H. Walters and Richard Gene Stanley for Tariq Mahmood, M.D.

Kevin Driskill and Caleb M. Redman for Dr. Carlos A. Egas, M.D.

Description: Oklahoma City, OK - Audrey Ellis, as Personal Represenative of Tomonica Diane Ellis, deceased, sued Tariq Mahmood, M.D., Carlos A. Egas, M.D. and Bryan J. Treacy, M.D. on medical negligence (medical malpractice) theories claiming:

Plaintiff and Tomonica Diane Ellis were at all times relevant hereto residents of
Oklahoma County. Defendants, are all physicians residing in and doing business in
Oklahoma County, Oklahoma. This matter is for the wrongful death of Tomonica Diane
Ellis which was caused by the combined negligence of Defendants while Tomonica Diane
Ellis was their patient in Midwest Regional Medical Center located in Oklahoma County,
Oklahoma. Jurisdiction and venue are proper in this court.
II. FACTS.
On the evening of January 24, 2010, Tomonica Diane Ellis reported to the Midwest Regional Medical Center because she was experiencing severe, post-surgical abdominal pain, swelling and fever following a hysterectomy she had undergone a few days before. She was evaluated in the Emergency Department by Dr. Joel W. Anderson who consulted with Defendant, Mahmood. Due to Ms. Ellis’ condition, she was admitted to Midwest
Regional Medical Center by Defendant, Mahmood. Defendants, Egas and Treacy were requested to consult and participate in the care and treatment of Ms. Ellis. Over the course of two weeks, Ms. Ellis remained in Midwest Regional Medical Center as a patient of Defendants, Mahmood, Egas and Treacy. On February 7, 2010, Ms. Ellis died at Midwest Regional Medical Center.
Ill. CAUSE OF ACTION - WRONGFUL DEATH
While a patient of Defendants, Tariq Mahmood, MD, Carlos A. Egas, MD and Bryan J. Treacy, MD, Tomonica Diane Ellis received substandard medical care and treatment due to the combined professional negligence and recklessness of Defendants. The combined negligence of Defendants directly and proximately caused the wrongful death of Tomonica Diane Ellis. At the time of her death, Tomonica Diane Ellis was an unmarried, 39 year old mother of two children, both of whom survive her. Ms. Ellis is also survived by her mother and father. This action for wrongful death is brought by her mother, Audrey Ellis.
IV. DAMAGES
As a direct and proximate result of the combined negligence and recklessness of Defendants, Plaintiff seeks damages for the wrongful death of Tomonica Diane Ellis, including: medical and burial expenses of Tomonica Diane Ellis, pain and suffering of Tomonica Diane Ellis prior to her death, grief of the surviving children of Tomonica Diane Ellis, grief of the surviving parents of Tomonica Diane Ellis, loss of parental care, training and/or education that would have been forthcoming by Tomonica Diane Ellis to her children, loss of companionship of Tomonica Diane Ellis by her children, and loss of companionship of Tomonica Diane Ellis by her parents, all for which Plaintiff seeks judgment against Defendants in an amount in excess of $75,000.00.
V. PUNITIVE DAMAGES
Defendants’ acted in reckless disregard of the rights of Tomonica Diane Ellis and/or were grossly negligent and therefore, Plaintiff seeks punitive damages against Defendants in an amount in excess of $75,000.00.
VI. EXPERT OPINION AFFIDAVIT REQUIREMENT
Attached to this Petition as Exhibit A is the Affidavit of counsel for Plaintiff attesting that he has consulted and reviewed the facts of this matter with a qualified expert; has obtained a written report from a qualified expert clearly identifying Tomonica Diane Ellis and including a determination that, based on a review of the available medical records and information, a reasonable interpretation of the facts supports a finding that the combined actions of Defendants named herein constitute professional negligence; and based on this review and consultation, the allegations stated herein are meritorious and based on good cause.

Expert Opinion Affidavit in Compliance with 12 O.S. 19
Affiant, J. Logan Johnson, being first duly sworn on oath states:
1. I am a licensed attorney in the state of Oklahoma and have been so licensed since 1988.
2. I have represented Plaintiffs and Defendants in matters involving alleged negligence of medical professionals on multiple occasions.
3. I have consulted and reviewed the facts of this matter with qualified experts.
4. I have obtained a written report from a qualified expert which clearly identifies Tomonica Diane Ellis and includes a determination that, based on a review of the available medical records, a reasonable interpretation of the facts supports a finding that the combined actions ofTariq Mahmood, Carlos
A. Egas and Bryan J. Treacy constitute professional negligence that proximately caused the death of Tomonica Diane Ellis.
5. Based on the written report mentioned above and consultations with qualified experts, I have concluded that the claims of professional negligence recited
in the Petition are meritorious and based on good cause.
6. I have discussed the written report mentioned above and the information I have learned in consultation with qualified experts with Plaintiff, Audrey Ellis, and she is in agreement that the claims of p1 iligence are meritorious and based on good cause.


ANSWER OF THE DEFENDANT TARIQ MAHMOOD, M.D.
COMES NOW the defendant, Tariq Mabmood, M.D., (“Dr. Mahmood”) and for his answer to plaintiffs petition, alleges and states as follows:

I. Dr. Mahmood denies generally and specifically each and every material allegation contained in plaintiffs petition, except such allegations as are hereinafter specifically admitted.
2. In response to paragraph 1 of plaintiffs petition, Dr. Malimood is without knowledge or information sufficient to form a belief as to the residence of plaintiff and Tomonica Diane Ellis. Dr. Malimood admits he is a physician residing in and doing business in Oklahoma County, Olclahoma. Dr. Mahmood denies he was negligent in his care and treatment of Tomonica Diane Ellis. With the information available to him, Dr. Mahmood admits jurisdiction and venue are proper in this Court.
3. In response to paragraph 2 of plaintiffs petition, Dr. Mahinood is not in possession of the Midwest Regional Medical Center medical chart regarding the admission at issue in this case. At this time, DL Mahmood is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of plaintiffs petition.
4. In response to paragraph 3 of plaintiffs petition, Dr. Mahmood is without knowledge or information sufficient to form a belief as to the truth of the statements regarding Tomonica Diane Ellis’ marital status, the number of children she had and information related to her surviving parents. The remaining allegations in paragraph 3 of plaintiffs petition are denied.
5. Dr. Mahmood denies the allegations contained in paragraphs 4, 5 and 6 of plaintiffs petition as they pertain to Dr. Mahmood.
6. Dr. Mahmood denies the plaintiffs prayer for relief.
7. Dr. Mahmood denies the remaining allegations contained in plaintiffs petition.
8. Dr. Mahmood specifically denies that he was negligent in any manner or at any time in his care and treatment of Tomonica Diane Ellis. Dr. Mahmood’s care and treatment of Ms. Ellis was at all times and in every manner proper and within the standard of applicable care.
9. Dr. Mahmood specifically denies that any act or omission on his part in the care and treatment of the Tomonica Diane Ellis was the proximate cause of any injury to Ms. Ellis or the plaintiff.
10. Dr. Mahmood specifically denies that Tomonica Diane Ellis or the plaintiff sustained any injury or suffered any damages by reason of any alleged act or omission on his part.
11. Discovery being incomplete, Dr. Mahmood specifically reserves his right to amend his answer or to add any affirmative defense as more information becomes available.
Affirmative Defenses
For affirmative defenses, Dr. MahmOOd alleges and states:
12. Plaintiffs petition fails to state a claim against Dr. Mahmood on any ground upon which relief can be granted.
13. Plaintiffs petition fails to state a claim against Dr. Mahmood for punitive damages.
14. The imposition of punitive damages against Dr. Mabmood would be unconstitutional and would violate the rights of Dr. Mahmood under the United States Constitution and under the Oklahoma Constitution.
15. Any damages allegedly suffered by Tomonica Diane Ellis were caused by plaintiffs voluntary assumption of the risk.
16. Any damages allegedly suffered by Tomonica Diane Ellis were caused by the acts or negligence of a person or persons other than Dr. Mahmood, over whom he exercised no control or supervision and with whom he had no legal relationship, and for whose acts or negligence he is not responsible.
17. Any damages allegedly suffered by Tomonica Diane Ellis or the plaintiff were unforeseeable or unavoidable or the result of an idiosyncratic reaction of Tomonica Diane Ellis, for which Dr. Mahniood is not responsible.
18. Any damages allegedly suffered by Tomonica Diane Ellis or the plaintiff were caused by other, unrelated conditions or were the result of unforeseeable or unavoidable complications due to the underlying condition of Tomonica Diane Ellis, for which Dr. Mahmood is not responsible.
19. No action or omission of Dr. Mahmood was malicious, willflul, wanton, reckless, grossly negligent or intentional and, therefore, any award of punitive damages is barred.


ANSWER OF DEFENDANT, CARLOS A. EGAS, M.D.,
TO PLAINTIFF’S PETITION
COMES NOW Defendant, Carlos A. Egas, M.D., and for his answer to Plaintiffs Petition, alleges, and states as follows:
I.
Dr. Egas is without sufficient information to admit or deny the allegations as to the
residence of Tomonica Diane Ellis contained in paragraph 1 of Plaintiffs Petition. Therefore, Dr. Egas denies these allegations. Dr. Egas admits that he is a physician residing in and doing business in Oklahoma County. Dr. Egas admits that he provided care to Tomonica Diane Ellis while she was a patient at Midwest Regional Medical Center. Dr. Egas denies that he was negligent in the care and treatment of Tomonica Diane Ellis. The allegations of jurisdiction and venue are legal conclusions to which no response is necessary by Dr. Egas. To the extent any response is deemed necessary, Dr. Egas denies these allegations. Dr. Egas denies the remainder of allegations contained in paragraph 1 of Plaintiffs Petition.
II.
Dr. Egas admits that Ms. Ellis presented to Midwest Regional Medical Center on January 24, 2010. Further, Dr. Egas admits that he was consulted and provided care to Ms. Ellis during her hospitalization. In addition, Dr. Egas admits that Ms. Ellis died on February 7, 2010. As to the allegations against Defendants other than Dr. Egas, no response to these allegations by Dr. Egas is necessary. Dr. Egas denies the remainder of allegations contained in paragraph 2 of Plaintiff’s Petition.
III.
Dr. Egas denies that he provided substandard medical care and treatment to Tomonica Diane Ellis. Further, Dr. Egas denies that he was negligent andlor reckless. Also, Dr. Egas denies that he caused the death of Tomonica Diane Ellis. Dr. Egas is without sufficient information to admit or deny the allegations regarding whether Tomonica Diane Ellis was ui,married, a mother of two surviving children, survived by her mother and father, and the daughter of Audrey Ellis. Therefore, Dr. Egas denies these allegations. Dr. Egas denies the remainder of allegations contained in paragraph 3 of Plaintiff’s Petition.
w.
Dr. Egas denies the allegations contained in paragraphs 4 through 7 of Plaintiffs Petition.
V.
Each and every allegation set forth in Plaintiffs Petition, which is not specifically admitted, is hereby denied.
VI.
For further answer and defense, Dr. Egas contends that the Plaintiffs Petition fails to state a cause of action against him, in whole or in part.
For further answer and defense, Plaintiffs claims are subject to the procedures and limitations set forth in the Affordable Access to Health Care Act and the Comprehensive Lawsuit Reform Act of 2009.
VIII.
Plaintiffs claims for punitive damages should be stricken on the following grounds:
A. Consideration of any punitive damages in this civil action would violate the Due Process Clauses of the Fiflh and Fourteenth Amendments to the United States Constitution and the Oklahoma Constitution in that:
i. Consideration of punitive damages in this action would allow standardless discretion to the jury to determine punishment depriving this Defendant of prior notice of the consequences of its alleged actions.
ii. The admission of any evidence directly to the jury concerning this Defendant’s assets or net worth will create undue risk of an improper verdict on each issue concerning liability, the measure of compensatory damages, whether to award punitive damages, and the measure of punitive damages.
iii. Punitive damages, by their very nature, constitute punishment and are a quasi-criminal sanction for which the burden of proof should not be less than “beyond a reasonable doubt” and not merely “clear and convincing evidence” or a “preponderance of the evidence.”
B. An award of punitive damages, if allowed, would violate the Excessive Fines
Clause of the Eighth Amendment of the United States Constitution and the Oklahoma
Constitution in that punitive damages would constitute an excessive fine upon this
Defendant.
C. Punitive damages are punishment, a quasi-criminal sanction, for which this Defendant is not afforded the specific procedural safeguards prescribed by the Fourth, Fifth, and Sixth Amendments to the United States Constitution and the Oklahoma Constitution.
Ix.
Any award of punitive damages to Plaintiff is subject to the punitive damages caps found in23 0.5. § 9.1.
x.
Inasmuch as discovery is continuing, Dr. Egas requests that he be allowed to amend his Answer upon the completion of discovery.

ANSWER OF THE DEFENDANT TARIQ MAHMOOD, M.D.
COMES NOW the defendant, Tariq Mabmood, M.D., (“Dr. Mahmood”) and for his answer to plaintiffs petition, alleges and states as follows:
I. Dr. Mahmood denies generally and specifically each and every material allegation contained in plaintiffs petition, except such allegations as are hereinafter specifically admitted.
2. In response to paragraph 1 of plaintiffs petition, Dr. Malimood is without knowledge or information sufficient to form a belief as to the residence of plaintiff and Tomonica Diane Ellis. Dr. Malimood admits he is a physician residing in and doing business in Oklahoma County, Olclahoma. Dr. Mahmood denies he was negligent in his care and treatment of Tomonica Diane Ellis. With the information available to him, Dr. Mahmood admits jurisdiction and venue are proper in this Court.
3. In response to paragraph 2 of plaintiffs petition, Dr. Mahinood is not in possession of the Midwest Regional Medical Center medical chart regarding the admission at issue in this case. At this time, DL Mahmood is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of plaintiffs petition.
4. In response to paragraph 3 of plaintiffs petition, Dr. Mahmood is without knowledge or information sufficient to form a belief as to the truth of the statements regarding Tomonica Diane Ellis’ marital status, the number of children she had and information related to her surviving parents. The remaining allegations in paragraph 3 of plaintiffs petition are denied.
5. Dr. Mahmood denies the allegations contained in paragraphs 4, 5 and 6 of plaintiffs petition as they pertain to Dr. Mahmood.
6. Dr. Mahmood denies the plaintiffs prayer for relief.
7. Dr. Mahmood denies the remaining allegations contained in plaintiffs petition.
8. Dr. Mahmood specifically denies that he was negligent in any manner or at any time in his care and treatment of Tomonica Diane Ellis. Dr. Mahmood’s care and treatment of Ms. Ellis was at all times and in every manner proper and within the standard of applicable care.
9. Dr. Mahmood specifically denies that any act or omission on his part in the care and treatment of the Tomonica Diane Ellis was the proximate cause of any injury to Ms. Ellis or the plaintiff.
10. Dr. Mahmood specifically denies that Tomonica Diane Ellis or the plaintiff sustained any injury or suffered any damages by reason of any alleged act or omission on his part.
11. Discovery being incomplete, Dr. Mahmood specifically reserves his right to amend his answer or to add any affirmative defense as more information becomes available.
Affirmative Defenses
For affirmative defenses, Dr. MahmOOd alleges and states:
12. Plaintiffs petition fails to state a claim against Dr. Mahmood on any ground upon which relief can be granted.
13. Plaintiffs petition fails to state a claim against Dr. Mahmood for punitive damages.
14. The imposition of punitive damages against Dr. Mabmood would be unconstitutional and would violate the rights of Dr. Mahmood under the United States Constitution and under the Oklahoma Constitution.
15. Any damages allegedly suffered by Tomonica Diane Ellis were caused by plaintiffs voluntary assumption of the risk.
16. Any damages allegedly suffered by Tomonica Diane Ellis were caused by the acts or negligence of a person or persons other than Dr. Mahmood, over whom he exercised no control or supervision and with whom he had no legal relationship, and for whose acts or negligence he is not responsible.
17. Any damages allegedly suffered by Tomonica Diane Ellis or the plaintiff were unforeseeable or unavoidable or the result of an idiosyncratic reaction of Tomonica Diane Ellis, for which Dr. Mahniood is not responsible.
18. Any damages allegedly suffered by Tomonica Diane Ellis or the plaintiff were caused by other, unrelated conditions or were the result of unforeseeable or unavoidable complications due to the underlying condition of Tomonica Diane Ellis, for which Dr. Mahmood is not responsible.
19. No action or omission of Dr. Mahmood was malicious, willflul, wanton, reckless, grossly negligent or intentional and, therefore, any award of punitive damages is barred.

Pre-Trial Order

The Pre-Trial Order entered by the Court provided in part, as follows:

* * *

2. General Statement of Facts:
Plaintiff: Tomonica Ellis was a patient of Defendants, Carlos A. Egas and Bryan J. Treacy. She was admitted to the hospital with post-surgical pain following a hysterectomy procedure a few days earlier. On the day of admission, a fluid collection was discovered in her abdomen/pelvis region. The physicians allowed the fluid collection to remain in her body for over 7 days. When there was an attempt to drain the fluid collection through a tube, the material could not be removed from her because the fecal, foul smelling material was too thick. The physicians allowed the material to remain inside her body another 4 days until she was taken to the operating room for emergency surgery to remove the infected collection, repair a bowel injury and repair the vaginal cuff. Ms. Ellis died less than days later.
Defendants: Tomonica Ellis, age 39, underwent a total hysterectomy performed by Defendant Bryan Treacy, M.D, in January of 2010. Ms. Ellis, who suffered from severe sickle cell disease, developed post-surgical pain and was admitted to Midwest Regional Hospital several days later where she was initially diagnosed by her sickle cell physician (hematologist) as suffering a sickle cell crisis. She was later seen and treated by Dr. Treacy and Dr. Egas. Dr. Treacy and Dr. Egas contend that their care for Tomonica Ellis was at all times appropriate and within accepted standards of medical practice and Ms. Ellis’ postoperative developments and death were due to complications related to her sickle cell disease.

* * *
3. Plaintiff’s Contentions:
A. Theories of Recovery:
Theories of Recovery
Applicable Statute, Ordinance, Common
Law Rule
a. Professional Negligence
Common Law; OUJI
3d 14.2
b. Joint Duty of Physicians
Common Law; OUJI
3d 14.6
c. Punitive Damages
23 OS. §9.1
B. List Damages
or Relief Souci
ht:
Theories of Recovery
Applicable Statute, Ordinance, Common
Law Rule
a. Wrongful death of adult*
12O.S. §1053; OUJI
3d 8.1
b. Punitive Damages*
230.S. §9.1; OUJI 3d 5.6, 5.9
4(a). Defendant, Dr. Egas’ Contentions:
Theories of Defense
Applicable Statute, Ordinance, Common Law Rule
a. General and specific denial of negligence.
Common Law
b. All acts of Dr. Egas were within the applicable standards of medical practice.
Common Law
c. No acts or omissions of Dr. Egas caused or contributed to any injury to or the death of Tomonica Ellis or the Plaintiff(s).
Common Law
d. Any damages or injuries allegedly suffered by the Plaintiff or Plaintiff’s decedent were caused by other unrelated conditions of Tomonica Ellis and/or were the result of the acts or omissions of third parties over whom Dr. Egas had no control.
Common Law; 12 OS. § 2008(C)(4)
e. Consideration of punitive damages in this matter against Dr. Egas would violate Dr. Egas’ rights under the constitutions of United States and Oklahoma.
Common Law; United State Constitution; Oklahoma Constitution
f. Consideration of any punitive damages
in this civil action would violate the Due
Process Clauses of the Fifth and
Fourteenth Amendments of the United
States Constitution and the Oklahoma
Constitution in that:
i. Consideration of punitive damages in this action would allow
standard less discretion to the jury
Common Law; United State Constitution; Oklahoma Constitution
to determine punishment, depriving Defendant of prior notice of the consequences of his alleged actions.
The admission of any evidence directly to the jury concerning Defendant’s assets or net worth will create an undue risk of an improper verdict on each issue concerning liability, the measure of compensatory damages, whether to award punitive damages, and the measure of punitive damages.
iii. Punitive damages by their very nature constitute punishment and are a quasi-criminal sanction for which the burden of proof should not be less than “beyond a reasonable doubt” -- not merely “clear and convincing evidence” or a “preponderance of the evidence.”
g. An award of punitive damages, if allowed, would violate the Excessive Fines Clause of the Eighth Amendment of the United States Constitution and the Oklahoma Constitution in that punitive damages would constitute an excessive fine upon Defendant.
Common Law; United State Constitution; Oklahoma Constitution
h. Punitive damages are punishment, a quasi-criminal sanction, for which Defendant is not afforded the specific procedural safeguards prescribed by the Fourth, Fifth and Sixth Amendments of the United States Constitution and the Oklahoma Constitution.
Common Law; United State Constitution; Oklahoma Constitution
i. Inthealternative, Defendant asserts the applicability of any punitive damages cap statute including 23 O.S. §9.1.
23O.S. § 9.1
j. An award of punitive or exemplary damages against Defendant is barred to the extent that it is inconsistent with the standards and limitations set forth in
BMW of North America, Inc. v. Gore, 517
U.S. 559 (1996); State Farm Mutual
Automobile Insurance Company v.
Campbell, 538 U.S. 408 (2003)
BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), and State Farm Mutual Automobile Insurance Company v. Campbell, 538 U.S. 408 (2003).
4(b). Defendant, Dr. Treacy’s Contentioq
s:
Applicable Statute,
Theories of Defense
Ordinance, Common Law Rule
a. General and specific denial of
Common Law
negligence.
b. All acts of Dr. Treacy were within the
Common Law
applicable standards of medical
practice.
c. No acts or omissions of Dr. Treacy
Common Law
caused or contributed to any injury to
or the death of Tomonica Ellis or the
Plaintiff(s).
d. Any damages or injuries allegedly
Common Law; 12 OS. § 2008(C)(4)
suffered by the Plaintiff or Plaintiffs
decedent were caused by other
unrelated conditions of Tomonica Ellis
and/or were the result of the acts or
omissions of third parties over whom
Dr. Treacy had no control.
e. Consideration of punitive damages in
Common Law; United State Constitution;
this mailer against Dr. Treacy would
Oklahoma Constitution
violate Dr. Treacy’s rights under the
constitutions of United States and
Oklahoma.
f. Consideration of any punitive damages
Common Law; United State Constitution;
in this civil action would violate the Due
Oklahoma Constitution
Process Clauses of the Fifth and
Fourteenth Amendments of the United
States Constitution and the Oklahoma
Constitution in that:
i. Consideration of punitive damages
in this action would allow
standardless discretion to the jury
to determine punishment, depriving
Defendant of prior notice of the
consequences of his alleged
actions.
ii. The admission of any evidence
directly to the jury concerning
Defendant’s assets or net worth will
create an undue risk of an improper
verdict on each issue concerning
liability, the measure of
compensatory damages, whether
to award punitive damages, and the
measure of punitive damages.
iii. Punitive damages by their very
nature constitute punishment and
are a quasi-criminal sanction for
which the burden of proof should
not be less than “beyond a
reasonable doubt” -- not merely
“clear and convincing evidence” or
a “preponderance of the evidence.”
g. An award of punitive damages, if allowed, would violate the Excessive Fines Clause of the Eighth Amendment of the United States Constitution and the Oklahoma Constitution in that punitive damages would constitute an excessive fine upon Defendant.
Common Law; United State Constitution; Oklahoma Constitution
h. Punitive damages are punishment, a quasi-criminal sanction, for which Defendant is not afforded the specific procedural safeguards prescribed by the Fourth, Fifth and Sixth Amendments of the United States Constitution and the Oklahoma Constitution.
Common Law; United State Constitution; Oklahoma Constitution
i. Inthealternative, Defendantassertsthe applicability of any punitive damages cap statute including 23 OS. §9.1.
23 OS. § 9.1
j. An award of punitive or exemplary damages against Defendant is barred to the extent that it is inconsistent with the
BMW of North America, Inc. v. Gore, 517
U.s. 559 (1996); State Farm Mutual
standards and limitations set forth in
Automobile Insurance Company v.
BMW of North America, Inc. v. Gore,
Campbell, 538 U.S. 408 (2003)
517 u.s. 559 (1996), and State Farm
Mutual Automobile Insurance Company
v. Campbell, 538 U.S. 408 (2003).

* * *

10. Plaintiffs Witnesses:*
No.
Name/Address
Proposed Testimony
(1)
Clyde Ellis
Medical condition of Tomonica Ellis;
(father of Tomonica Ellis)
conversations with and statements of
Tomonica Ellis; observations of
Tomonica Ellis; medical treatment
received by Tomonica Ellis; activities of
Tomonica Ellis; relationship with
Tomonica Ellis; grief, loss of
companionship, emotional distress and
all elements of damage
(2)
Clyde (JR.) Ellis, Jr. (brother of Tomonica Ellis)
Medical condition of Tomonica Ellis; conversations with and statements of Tomonica Ellis; observations of Tomonica Ellis; medical treatment received by Tomonica Ellis; activities of Tomonica Ellis; relationship with Tomonica Ellis; grief, loss of companionship, emotional distress and all elements of damage
(3)
Jaide Jackson
(minor daughter of Tomonica Ellis)
Medical condition of Tomonica Ellis; conversations with and statements of Tomonica Ellis; observations of Tomonica Ellis; medical treatment received by Tomonica Ellis; activities of Tomonica Ellis; relationship with Tomonica Ellis; grief, loss of companionship, emotional distress and all elements of damage
(4)
Wesley Ellis (son of Tomonica Ellis)
Medical condition of Tomonica Ellis; conversations with and statements of Tomonica Ellis; observations of Tomonica Ellis; medical treatment received by Tomonica Ellis; activities of Tomonica Ellis; relationship with Tomonica Ellis; grief, loss of companionship, emotional distress and all elements of damage
(5)
Shirley O’Neil (sister of Tomonica Ellis)
Medical condition of Tomonica Ellis; conversations with and statements of Tomonica Ellis; observations of Tomonica Ellis; medical treatment received by Tomonica Ellis; activities of Tomonica Ellis; relationship with Tomonica Ellis; grief, loss of companionship, emotional distress and all elements of damage
(6)
Joel W. Anderson, M.D.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(7)
Oscar Falcon, Jr., M.D.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(8)
Gregory H. McKinnis, M.D.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(9)
Bart Rowlett, M.D.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(10)
Maung M. Kyi, M.D.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(11)
A. Chris Degner, M.D.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(12)
T. Welman, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(13)
Darla Clark, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(14)
Virginia Marshall, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(15)
Todd Fogarty, CRNA
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(16)
Gregory Harrison, Scrub Tech (2/5/10 surgical procedure)
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(17)
Lynette Jones, Circulator (2/5/10 surgical procedure)
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(18)
S. Trenary, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(19)
S. Martin, RN.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(20)
G. Strickland
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(21)
Suzanne Major, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(22)
Jane Foster, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(23)
0. Hall
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(24)
L. Ackerman, L.P.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(25)
C. Groves, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(26)
D. Smith, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(27)
D. Bright, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(28)
Wendy Robison
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(29)
J. Mullen, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(30)
C. James, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(31)
Lori Reitman, R.N.
Observations of Tomonica Ellis on the day of admission; statements of Tomonica Ellis; medical diagnosis and treatment of Tomonica Ellis
(32)
All medical providers unknown to Plaintiffs counsel due to illegible handwriting, providing care to Tomonica Ellis during her final hospitalization
(33)
Michael Stanley Drew, M.D.
Deposed. Plaintiff’s expert witness regarding standard of care of surgeon
(34)
Michael Randell, M.D.
Deposed. Plaintiff’s expert witness regarding standard of care of OB/GYN specialist
(35) All witnesses listed
by any other
party not
objected to by Plaintiff
11. Defendant, Carlos A. Eqas, M.D.’s Witnesses:
No.
Name/Address
Proposed Testimony
(1)
Clyde Ellis
do Miller & Johnson
Deposed. This witness may testify regarding the allegations contained in Plaintiff’s Petition and any and all issues-related thereto.
(2)
Wesley Ellis
2101 N.W. 159th St.
Edmond, OK 73013
Deposed. This witness may testify regarding the allegations contained in Plaintiff’s Petition and any and all issues related thereto.
(3)
Shirley O’Neil
2101 N.W. 159th
St. Edmond, OK
73013
Deposed. This witness may testify regarding the allegations contained in Plaintiff’s Petition and any and all issues related thereto.
(4)
Clyde Ellis, Jr.
160 East Vista Ridge Mall Drive
Apt. 912
Lewisville, TX 75067
Deposed. This witness may testify regarding the allegations contained in Plaintiff’s Petition and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(5)
Carlos A. Egas, M.D. do Pierce Couch Hendrickson Baysinger & Green, L.L.P.
Defendant. Deposed. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto. He may also address the standard, of care, causation, and any opinions raised by Plaintiff’s experts.
(6)
Bryan J. Treacy, M.D., F.A.C.O.G. do Wiggins Sewell & Ogletree
Defendant. Deposed. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto. He may also address the standard of care, causation, and any opinions raised by Plaintiffs experts.
(7)
TariqMahmood, M.D. do Rife, Walters, Stanley & Natarajan, LLP
Deposed. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto. He may alsc add ress the standard of care, causation, and any opinions raised by Plaintiffs experts.
No.
Name/Address
Proposed Testimony
(8)
Chris Degner, M.D.
Midwest Regional Medical Center
2825 Parklawn Dr.
Midwest City, OK 73110
Radiologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(9)
Oscar Falcon, Jr., M.D.
Oklahoma Heart Hospital
5200 E. 1-240 Serv. Rd.
Oklahoma City, OK 73110
Radiologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(10)
Robert Jarman, M.D.
Midwest Regional Medical Center
2825 Parklawn Dr.
Midwest City, OK 73110
Radiologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(11)
Mark Olbert, M.D.
Midwest Regional Medical Center
2825 Parklawn Dr.
Midwest City, OK 73110
Radiologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(12)
Bart Rowlett,M.D. .
Midwest Regional Medical Center
2825 Parklawn Dr.
Midwest City, OK 73110
Radiologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(13)
Maung M. Kyi, M.D.
Johnston Memorial Hospital
16000 Johnston Memorial Dr.
Abingdon, VA 24211
Nephrologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(14)
Gregory H. McKinnis, M.D.
Midwest Pulmonary and Sleep
Specialists
608 N.W. 9th St., Ste. 2100
Oklahoma City, OK 73102
Pulmonologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis arid life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(15)
Ruchi Sachdev, M.D.
Integris Southwest Medical Center
4401 S. Western
Oklahoma City, OK 73109
Pathologist. This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(16)
Darla Clark, R.N.
Midwest Regional Medical Center
2825 Parklawn Dr.
Midwest City, OK 73110
This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(17)
Virginia Marshall, R.N.
Midwest Regional Medical Center
2825 Parklawn Dr.
Midwest City, OK 73110
This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in lhe instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(18)
Valerie Engelbrecht, M.D.
Oklahoma City Gynecology &
Obstetrics
11200 N. Portland Avenue
Oklahoma City, OK 73120
This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; arid any and all issues related thereto.
(19)
Albert Harvey, D.O.
937 S.W. 89th Street, Suite A
Oklahoma City, OK 73139
This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(20)
Todd Olson, D.C.
1201 S. Douglas Blvd., Suite E
Midwest City, OK 73130
This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(21)
Joel Anderson, Ill, M.D.
2825 Parklawn
Midwest City, OK 73110
This witness may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; :the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(22)
Any and all other present or former staff, employees, agents, contractors, or volunteers from Midwest Regional Medical Center that may have been involved in the care or treatment of Tomonica Ellis or who may have information regarding Plaintiff’s allegations
These witnesses may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(23)
Any and all other present or former staff, employees, agents, contractors, or volunteers from Mercy Hospital that may have been involved in the care or treatment of Tomonica Ellis or who may have information regarding Plaintiff’s allegations
These witnesses may testify regarding Tomonica Ellis’s past medical condition(s), history, and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(24)
Any and all other present or former staff, employees, agents, contractors, or volunteers from St. Anthony Hospital that may have been involved in the care or treatment of Tomonica Ellis or who may have information regarding Plaintiff’s allegations
These witnesses may testify regarding Tomonica Ellis’s past medical condition(s), history, and/dr treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care and treatment of Tomonica Ellis; and any and all issues related thereto.
(25)
Any other treating physician or health care provider of Tomonica Ellis.
These witnesses may testify regarding Tomonica Ellis’s past medical condition(s), history, and/dr treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; this individual’s involvement in the care:
and treatment of Tomonica Ellis; and any and all issues related thereto.
(26)
Loyd E. Thayer, M.D., F.A.C.S.
2007 N. Commerce, Ste. 200
Ardmore, OK 73401
Expert General Surgeon. This expert witness will testify regard ing Tomonica Ellis’ past medical condition(s), history and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; expert opinions regarding standard of care, causation and damages; and any and all issues related thereto. He will also address any opinions raised by Plaintiffs experts.
No.
Name/Address
Proposed Testimony
(27)
David Chansolme, M.D.
4221 S. Western Avenue, Ste. 4010
Oklahoma City, OK 73109
Expert in Infectious Disease. This expert witness will testify regarding Tomonica Ellis’ past medical condition(s), history and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; expert opinions regarding standard of care, causation and damages; and any and all issues related thereto. He will also address any opinions raised by Plaintiff’s experts.
(28)
Ronald A. Sacher, B.Sc., M.B.B.Ch.,
F.C.A.P., F.A.S.C.P., D.T.M.&H.,
F.R.C.P.C.
Hoxworth Blood Center
University of Cincinnati Academic
Health Center
3130 Highland Avenue
PC Box 670055
Cincinnati, OH 45267-0055
Expert Hematologist. This expert witness will testify regarding Tomonica Ellis’ past medical condition(s), history and/or treatment; her prognosis and life expectancy; the allegations asserted by Plaintiff in the instant matter; expert opinions regarding standard of care, causation and damages; and any and all issues related thereto. He will also addresS any opinions raised by Plaintiffs experts.
No.
Name/Address
Proposed Testimony
(30)
Any expert witness necessary to rebut the testimony of any witness, including but not limited to Plaintiff’s expert witnesses.
These witnesses may testify as expert witnesses regarding the allegations contained in Plaintiff’s Petition; the care and treatment of Tomonica Ellis; standard of care; causation; damages; and any and all issues related thereto.
(31)
Any and all witnesses, including expert witnesses, listed by any other party and not objected to by this Defendant, including co-defendants’ expert witness (Dr. Hoim) or Plaintiff S expert witnesses (portions of depositions).
These witnesses may testify as expert witnesses regarding the allegations contained in Plaintiff’s Petition; the care and treatment of Tomonica Ellis; standard of care; causation; damages; and any and all issues related thereto.
(32)
All records custodians.
Identification and authentication of the medical records for Tomonica Ellis.
(33)
Any and all witnesses necessary to authenticate exhibits,
Identification and authentication of exhibits.
(34)
Any witness deposed to which Defendant does not otherwise object.
These witnesses may testify regarding the allegations contained in Plaintiff’s Petition and any and all issues related thereto.
(35)
Any other witness identified during the course of further discovery as having any knowledge or information relating in any way to Plaintiff’s allegations.
These witnesses may testify regarding the allegations contained in Plaintiff’s Petition and any and all issues related thereto.
No.
Name/Address
Proposed Testimony
(36)
As discovery is not yet complete, Dr. Egas reserves the right to add additional witnesses as discovery progresses, in the pretrial conference order, or pursuant to any other order entered by the Court.
12. D
efendant Bryan J. Treacy, M.D.’s Witnesses:
No.
Name/Address
Proposed Testimony
(1)
Audrey Ellis
Plaintiff. Deposed.
(2)
Clyde Ellis
Deposed.
(3)
Wesley Ellis
Deposed.
(4)
Bryan Treacy, M.D.
Defendant. Deposed. Will testify regarding all issues in litigation including standard of care, causation and damages.
(5)
Tariq Mahmood, M.D.
Defendant. Deposed. Will testify regarding all issues in litigation including standard of care, causation and damages.
(6)
Carlos A. Egas, M.D.
Defendant. Will testify regarding all issues in litigation. Will testify regarding all issues in litigation including standard of care, causation and damages.
(7)
Joel Anderson, M.D.
Facts and circumstances regarding the care and treatment of Tomonica Ellis. May also testify regarding standard of care, causation and damages.
No.
Name/Address
Proposed Testimony
(8)
Carl Boatman, M.D.
Facts and circumstances regarding the care and treatment of Tomonica Ellis. May also testify regarding standard of care, causation and damages.
(9)
Chris Degmer, M.D.
Facts and circumstances regarding the care and treatment of Tomonica Ellis. May also testify regarding standard of care, causation and damages.
(10)
Oscar Falcon, M.D.
Facts and circumstances regarding the care and treatment of Tomonica Ellis. May also testify regarding standard of care, causation and damages.
(11)
Charles HoHem, M.D.
Facts and circumstances regarding the care and treatment of Tomonic Ellis. May also testify regarding standard of care, causation and damages.
(12)
Maung Kyi, M.D.
Facts and circumstances regarding the care and treatment of Tomonic Ellis. May also testify regarding standard of care, causation and damages.
(13)
Gregory McKinnis, M.D
Facts and circumstances regarding the care and treatment of Tomonic Ellis. May also testify regarding standard of care, causation and damages.
(14)
j Pham, M.D.
Facts and circumstances regarding the care and treatment of Tomonicá Ellis. May also testify regarding standard of care, causation and damages.
No.
Name/Address
Proposed Testimony
(15)
Bart Rowlett, M.D.
Facts and circumstances regarding the care and treatment of Tomonica Ellis. May also testify regarding standard of care, causation and damages.
(16)
Ruchi Sachdev, M.D.
Facts and circumstances regarding the care and treatment of Tomoniqa Ellis. May also testify regarding standard of care, causation and damages.
(17)
Mark Olbert, M.D.
c/o Midwest Regional Medical
Center
2825 Parklawn Drive
Midwest City, OK 73110
Care and treatment of Tomonica Ellis and relevant medical issues.
1
(18)
A. Christopher Degner, M.D.
do Midwest Regional Medical
Center
2825 Parklawn Drive
Midwest City, OK 73110
Care and treatment of Tomonica Ellis and relevant medical issues.
(19)
Robert Jarman, M.D.
do Midwest Regional Medical
Center
2825 Parklawn Drive
Midwest City, OK 73110
Care and treatment of Tomonica Ellis and relevant medical issues.
(20)
Dana Clark, R.N.
do Midwest Regional Medical
Center
2825 Parklawn Drive
Midwest City, OK 73110
Care and treatment of Tomonica Ells and relevant medical issues.
(21)
Virginia Marshall, R.N.
c/o Midwest Regional Medical
Center
2825 Parklawn Drive
Midwest City, OK 73110
Care and treatment of Tomonica Ellls and relevant medical issues.
No.
Name/Address
Proposed Testimony
(22)
Valerie Engelbrecht, M.D. Oklahoma City Gynecology
and Obstetrics
11200 N. Portland Avenue Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(23)
Albert Harvey, D.C.
937 S.W. 89th Street, Suite A
Oklahoma City, OK 73139
Care and treatment of Tomonica Ellis and relevant medical issues.
(24)
Todd Olson, D.C.
1201 S. Douglas Blvd.,Suite E
Midwest City, OK 73130
I
Care and treatment of Tomonica Ellis and relevant medical issues.
(25)
Conrad CaIdwell, M.D.
921 N.E. 13th Street
Oklahoma City, OK 73104
Care and treatment of Tomonica Ellis and relevant medical issues.
(26)
Mark Lipe, M.D.
4300 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(27)
David Smith, M.D.
3300 N.W. Expressway
Oklahoma City, OK 73112
Care and treatment of Tomonica Ellis and relevant medical issues.
(28)
Timothy Hill, M.D.
5929 N. May Avenue,
Suite 511
Oklahoma City, OK 73112
Care and treatment of Tomonica Ellis and relevant medical issues.
(29)
Brent Mefford, M.D.
4300 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(30)
Colby Mayo, D.O.
4300 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(31)
John Gilliam, M.D.
921 N.E. 13th Street
Oklahoma City, OK 73104
Care and treatment of Tomonica Eüis and relevant medical issues.
No.
Name/Address
Proposed Testimony
(32)
Jeff Reames, M.D.
4300 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(33)
Craig Mitchell, M.D.
700 W. Oak Street
Kissimmee, FL 34741
Care and treatment of Tomonica Ellis and relevant medical issues.
(34)
William Bickell, M.D.
3401 N.W. Gore Boulevard
Lawton, OK 73505
Care and treatment of Tomonica Ellis and relevant medical issues.
(35)
Jesse Hill, M.D.
4300 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(36)
Frederick Delafield, M.D.
4200 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(37)
Emery Reynolds, M.D.
4120 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(38)
Thomas Griggs, M.D.
780 E. Britton Road
Oklahoma City, OK 73114
Care and treatment of Tomonica Ellis and relevant medical issues.
(39)
Paul Orcutt, M.D.
3332 Oak Hollow Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(40)
Steven Baker, D.C.
4300 W. Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(41)
Lance Watson, M.D.
4401 W. Memorial Road
Oklahoma City, OK 73134
Care and treatment of Tomonica Ellis and relevant medical issues.
(42)
James Fleming, M.D.
4300 W Memorial Road
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
No.
Name/Address
Proposed Testimony
(43)
Afsaneh Foroozan, D.C.
1000 N. Lee Avenue
Oklahoma City, OK 73120
Care and treatment of Tomonica Ellis and relevant medical issues.
(44)
Brandon Boke, M.D.
34 S.W. 89th Street
Oklahoma City, OK 73139
Care and treatment of Tomonica Ellis and relevant medical issues.
(45)
Douglas Coffman, D.C.
1000 N. Lee Avenue
Oklahoma City, OK 73102
Care and treatment of Tomonica Ellis and relevant medical issues.
(46)
John Hall, M.D.
5301 E. Grant Road
Tucson, AZ 85712
Care and treatment of Tomonica Ellis and relevant medical issues.
(47)
Terry Moslander, M.D.
34 S.W. 89th Street
Oklahoma City, OK 73139
Care and treatment of Tomonica Ellis and relevant medical issues.
(48)
Ronald Cable, D.C.
34 S.W. 89th Street
Oklahoma City, OK 73139
Care and treatment of Tomonica Ellis and relevant medical issues.
(49)
Terry Hermance, M.D.
34 S.W. 89th Street
Oklahoma City, OK 73139
Care and treatment of Tomonica Ellis and relevant medical issues.
.
(50)
Jack Bair, M.D.
1000 N. Lee Avenue
Oklahoma City, OK 73102
Care and treatment of Tomonica Ellis and relevant medical issues.
(51)
Ricky Swain, M.D.
1000 N. Lee Avenue
Oklahoma City, OK 73102
Care and treatment of Tomonica Ellis and relevant medical issues.
(52)
Randall Herrin, M.D.
34 S.W. 89th Street
Oklahoma City, OK 73139
.
Care and treatment of Tomonica Ells and relevant medical issues.
(53)
Marshall Rea, D.O.
901 N. Porter Avenue
Norman, OK 73071
Care and treatment of Tomonica Ellis and relevant medical issues.
No.
Name/Address
Proposed Testimony
(54)
James Fitzgerald, D.C.
34 S.W. 89th Street
Oklahoma City, OK 73139
Care and treatment of Tomonica Ellis and relevant medical issues.
(55)
Kendall Little, M.D.
4801 Integris Parkway
Edmond, OK 73034
Care and treatment of Tomonica EllIs and relevant medical issues.
(56)
Dan Waters, M.D.
3801 N. Classen Boulevard
Oklahoma City, OK 73118
Care and treatment of Tomonica Ellis and relevant medical issues.
(57)
Lloyd HoIm, D.C. Cabbage Grove, Minnesota
Independent expert witness. Will testify regarding relevant medical issues including standard of care and causation opinions, along with the appropriateness of care rendered to Ms. Ellis.
(58)
All health care providers from Mercy Hospital involved in the care and treatment of Tomonica Ellis.
All health care providers from Mercy Hospital involved in the care and treatment of Tomonica Ellis.
(59)
All health care providers from St. Anthony’s involved in the care and treatment of Tomonica Ellis.
All health care providers from St. Anthony’s involved in the care and treatment of Tomonica Ellis.
(60)
All health care providers from Midwest Regional Medical Center involved in the care and treatment of Tomonica Ellis.
All health care providers from
Midwest Regional Medical
Center involved in the care and
treatment of Tomonica Ellis.
(61)
Any and all witnesses listed by plaintiff or codefendant not objected to by this defendant, including codefendant’s independent expert witnesses (Dr. Sacher, Dr. Chansolme, Dr. Thayer) or plaintiffs expert witnesses (portions of depositions).
(62)
All witnesses identified in plaintiffs medical records.
No.
Name/Address
Proposed Testimony
(63)
All witnesses identified during discovery.
(64)
All witnesses necessary to authenticate exhibits.
(65)
Additional or alternative expert witnesses to be supplemented upon completion of plaintiff’s expert witness, including surgical and hematology experts.
Independent expert witness. Will testify regarding relevant medical issues including standard of care and causation opinions, along with the appropriateness of care rendered to Ms. Ellis.
(66)
As discovery is ongoing, defendants specifically reserve the right to list any additional witnesses, including expert witnesses.

Outcome: Settled during mediation for an undisclosed sum as to Carlos A. Egas, M.D.

Plaintiff's Experts: Michael Stanley Drew, M.D., general surgeon; Michael Randell, M.D.

Defendant's Experts: Maung M. Kyi, M.D., Abingdon, VA, nephrologist; Ronald A. Sacher, B.Sc. M.B.B. Ch, FCAP, FASCP, DTM&H, FRCPC, Cincinnati, OH, hematologist; Lloyd Holm,D.O., general medicien

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