Date: 08-06-2013

Case Style: Melinda Edwards v. Immediate Care of Oklahoma, LLC

Case Number: CJ-2012-372

Judge: Tracy Schumacher

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Perry T. Marrs, Jr. and Benjamin J. Butts

Defendant's Attorney: Stephen Peterson and Michael S. McMillan

Description: Melinda Edwards, individually and as surviving spounse of Gary Duain Edwards, deceased, sued Immediate Care of Oklahoma, LLC on a medical negligence (medical malpractice) theory claiming:

1. Plaintiff, Melinda Edwards, is the surviving spouse of Gary Duain Edwards, deceased, and is a resident of New Mexico.

2. Defendant, Immediate Care of Oklahoma, LLC, is a licensed Oklahoma corporation which owns and operates three urgent care medical clinics in Cleveland County, Oklahoma.

3. All medical care and treatment at issue in this lawsuit occurred in Cleveland County, Oklahoma.

4. On November 5, 2011, Mr. Gary Duain Edwards presented to Immediate Care of Oklahoma, LLC with complaints of difficulty breathing.

5. While at Immediate Care of Oklahoma, LLC, Mr. Edwards was provided medical care and treatment by Richard D. Brock, D.O.

6. At all times relevant to this lawsuit, Richard D. Brock, D.O. was the employee or apparent employee of defendant, Immediate Care of Oklahoma, LLC.

7. Defendant, Immediate Care of Oklahoma, LLC, is legally responsible for the acts of its employee or apparent employee, Richard D. Brock, D.O.

8. The medical care and treatment provided to Gary Duain Edwards by Richard D. Brock, D.O. departed from accepted medical care.

9. Richard D. Brock, D.O,’s departures from accepted standards ofmedical care caused the death of Gary Duain Edwards.

10. Plaintiff has suffered injuries and damages as a result of defendant’s negligence. WHEREFORE, plaintiff prays for all legally and equitably authorized damages.

Defendant Immediate Care of Oklahoma, LLC appeared and answered as follows:

1. Defendant has insufficient knowledge concerning allegations in paragraph I of plaintiff’s petition.

2. Defendant admits that it is a limited liability company incorporated in Oklahoma, which operates urgent care clinics in Cleveland County, Oklahoma.

3. Defendant admits the allegations in paragraph 3 of plaintiff’s petition.

4. Defendant admits that Gary Edwards presented to an Immediate Care of Oklahoma clinic on November 5, 2011 with complaint of shortness of breath.

5. Defendant admits the allegations in paragraphs 5 and 6 of plaintiff’s petition.

6. Defendant admits that Immediate Care of Oklahoma, LLC is legally responsible for the acts of its employee, Richard D. Brock, D.O. which were performed within the course and scope of his employment.

7. Defendant denies the allegations in paragraphs 8-10 of plaintiff’s petition.

8. Defendant denies all other allegations in plaintiffs petition which are not specifically admitted herein.

AFFIRMATIVE DEFENSES

1. The care and treatment provided by Dr. Brock was reasonable, appropriate and within the standard of care.

2. No negligence or other conduct by Dr. Brock or any other employee of this defendant caused or contributed to the cause of plaintiff’s decedent’s alleged injuries or damages.

3. Plaintiff’s alleged injuries and damages were caused by underlying conditions and events for which this defendant is not liable.

4. Plaintiff’s alleged injuries and damages were caused by intervening, supervening, or unrelated causes for which this defendant is not liable.

5. Plaintiffs claim is barred and/or limited by the Affordable Access to Healthcare Act and/or the Comprehensive Lawsuit Reform Act of 2009.

6. Defendant reserves the right to assert additional affirmative defenses as revealed in discovery.

WHEREFORE, defendant, Immediate Care of Oklahoma, LLC, requests that judgment be entered in its favor and against the plaintiff, and that this defendant be awarded its costs and such other relief as the court deems appropriate.

Outcome: COMES NOW the plaintiff, Melinda Edwards, individually and as surviving spouse of Gary Duain Edwards, deceased, and hereby dismisses with prejudice all claims against the defendant, Immediate Care of Oklahoma, LLC.

Plaintiff's Experts: Michael Mullins, M.D., St. Louis, Missouri, emergency medicine

Defendant's Experts: Bill Buffington, M.D., Edmond, OK, emergency medicine standard of care and causation.

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