Date: 06-18-2015

Case Style: Tricia Ordaz v. SSM Healthcare Corporation and SSM Healthcare of Oklahoma, Inc. d/b/a St. Anthony Hospital-South

Case Number: CJ-2013-3779

Judge: Bryan E. Dixon

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Mark Bonner, Mark Cox, Emmanuel Edem

Defendant's Attorney: J.T. Sherman and Sean Snider

Description: Oklahoma City, OK - Tricia Ordaz sued SSM Healthcare Corporation and SSM Healthcare of Oklahoma, Inc. d/b/a St. Anthony Hospital-South on medical negligence (medical malpractice) claiming:

1. Plaintiff is a citizen of Oklahoma.
2. Defendant SSM Health Care Corporation is foreign corporation with its principal place of business in a state other than Oklahoma, and doing business in Oklahoma,
3. Defendant SSM Health Care of Oklahoma, Inc. d/bla St. Anthony Hospital-South is an Oklahoma Corporation doing business in Oklahoma.
4. Defendants SSM Health Care Corporation and SSM Health Care of Oklahoma, Inc., at all material times, owned and operated St. Anthony Hospital-South.
5. From 10/3/il to 10/18/11, Helen Dean, deceased, was a patient at St. Anthony- South, in Oklahoma City, Oklahoma County, Oklahoma.
6. During her stay, Defendants, by and through their agents, servants, and employees, acting within the course and scope of their employment, negligently caused injury to Helen Dean by failing to properly provide hospital care to her.
7. As a result of the defendants’ negligence, Helen Dean suffered, inter a/ia, pressure ulcers, dehydration, malnutrition and great pain and mind as well as additional medical expenses. As a result of the negligent care received by Helen Dean at St. Anthony-South, Helen Dean died.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, prays for judgment against Defendants as follows:
8. For judgment against all Defendants for actual and compensatory damages for the injuries of Helen Dean, including but not limited to damages for physical injuries, mental pain and anguish, loss of enjoyment, ffineral and burial expenses, and expenses for medical care and treatment, all in an amount in excess of $75,000.00
9. For judgment against all Defendants for the mental anguish, sorrow and grief, and loss of love, affection, comfort, emotional and pecuniary support, and companionship, consortium and burial expenses;
10. For judgment against all Defendants for punitive damages in an amount in excess of
$75,000.00;
11. For judgment against all Defendants for prejudgment interest, post-judgment interest, and costs of suit; and
12. For such other relief as may be just and equitable.

Docket
Date Code Description Count Party Amount
07-08-2013 TEXT

Civil relief more than $10,000 Initial Filing.
1
07-08-2013 MEDNEG

MEDICAL NEGLIGENCE

07-08-2013 DMFE

DISPUTE MEDIATION FEE
$ 2.00
07-08-2013 PFE1

PETITION
$ 163.00
07-08-2013 PFE7

LAW LIBRARY FEE
$ 6.00
07-08-2013 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
07-08-2013 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
07-08-2013 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
07-08-2013 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
07-08-2013 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
07-08-2013 LTF

Lengthy Trial Fund
$ 10.00
07-08-2013 SMF

2X SUMMONS FEE
$ 10.00
07-08-2013 COPY

Copies Charged
$ 2.50
07-08-2013 P

Petition

Document Available (#1022356967)

07-08-2013 TEXT

OCIS has automatically assigned Judge Dixon, Bryan C. to this case.

07-08-2013 ACCOUNT

Receipt # 2013-3159987 on 07/08/2013.
Payor:LAW OFFICE OF MARK A COX PLLC Total Amount Paid: $223.70.
Line Items:
CJ-2013-3779: $173.00 on AC01 Clerk Fees.
CJ-2013-3779: $6.00 on AC23 Law Library Fee.
CJ-2013-3779: $0.70 on AC31 Court Clerk Revolving Fund.
CJ-2013-3779: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CJ-2013-3779: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CJ-2013-3779: $2.00 on AC64 Dispute Mediation Fees.
CJ-2013-3779: $25.00 on AC79 OCIS Revolving Fund.
CJ-2013-3779: $10.00 on AC81 Lengthy Trial Fund.

07-08-2013 ACCOUNT

Receipt # 2013-3159993 on 07/08/2013.
Payor:LESLIE DIANE CARON Total Amount Paid: $2.50.
Line Items:
CJ-2013-3779: $2.50 on AC01 Clerk Fees.

07-09-2013 EAA

ENTRY OF APPEARANCE BY ATTY L. MARK BONNER FOR PLAINTIFF TRICIA ORDAZ

Document Available (#1022149037)

07-09-2013 EAA

ENTRY OF APPEARANCE BY ATTY EMMANUEL E. EDEM FOR PLAINTIFF TRICIA ORDAZ

Document Available (#1022149038)

11-13-2013 DISPDWOP

DISMISSAL WITHOUT PREJUDICE OF SSM HEALTH CARE CORPORATION

Document Available (#1022734024)
1 SSM Health Care Corporation
11-25-2013 NO

HIPAA NOTIFICATION OF INTENT TO OBTAIN PROTECTED HEALTH INFORMATION PURSUANT TO 76 O.S. 19(B)

11-25-2013 A

ANSWER

Document Available (#1023522014)

11-25-2013 EAA

ENTRY OF APPEARANCE BY ATTORNEY FOR DEFENDANT

Document Available (#1023522015)

12-02-2013 MO

motion to enter a scheduling order and set deadlines pursuant to rule 5(c)

Document Available (#1023649424)

12-03-2013 CER

CERTIFICATE OF COMPLIANCE

12-16-2013 O

order authorization disclosure of protected health information/judge dixon

Document Available (#1023780837)

12-20-2013 CER

CERTIFICATE OF compliance

01-03-2014 CTFREE

JUDGE B DIXON; SCHEDULING CONFERENCE HELD PRETRIAL SET 5-28-2014 11:00

01-06-2014 SCHO

SCHEDULING ORDER AND ORDER FOR PRETRIAL CONFERRENCE / JUDGE B DIXON

Document Available (#1023911494)

03-04-2014 APLI

APPLICATION to withdraw as counsel and brief in support

03-26-2014 AGORD

AGREED ORDER FOR THE RELEASE OF HELEN DEAN'S DEATH CERTIFICATE FROM THE OKLAHOMA STATE DEPARTMENT OF HEALTH / JUDGE DIXON

Document Available (#1024693388)

03-31-2014 O

ORDER / JUDGE DIXON

Document Available (#1024798319)

04-07-2014 O

agreed protective order/judge dixon

Document Available (#1024862137)

04-10-2014 APLI

first appliction for co0ntinuance of the pretrial conference and an extension of all deadliens and request for an expedited hearing

Document Available (#1024887525)

04-24-2014 MO

plaintiff's opposition to defendant's Motion for continuance

Document Available (#1025085574)

05-06-2014 CT

CERTIFICATE OF COMPLIANCE

Document Available (#1025419613)

05-09-2014 CTFREE

JUDGE B DIXON; APPLICATION STRICKEN NO APPEARANCES

05-22-2014 MO

PLAINTIFF'S MOTION TO COMPEL DEFENDANTS TO PROVIDE LAST KONW ADDRESSES AND PHONE NUMBERS OF FORMER EMPLOYEES AND MOTION FOR AN ORDER PROHIBITING DEFENDANTS FROM CONTACTING SUCH FORMER EMPLOYEES UNTIL DEFENDANTS PROVIDE PLAINTIFF WITH THE REQUESTED INFORMATION

Document Available (#1025728184)

05-23-2014 RESP

plaintiff's amended reponse to defendant's mtoion for continuance

Document Available (#1025728213)

05-27-2014 EAA

ENTRY OF APPEARANCE BY ATTORNEYS ALLEN JOHNSON AND SEAN SNIDER FOR DEFENDANT

Document Available (#1025108800)
SSM HEALTH CARE OF OKLAHOMA INC
05-27-2014 MO

defendant's motion for partial summary judgment and brief in support

Document Available (#1025997008)

05-27-2014 MO

defendant's motion to strike plaintiff's physician expert as untimely

Document Available (#1025997000)

05-28-2014 JIF

JURY IMPANELMENT FEE
$ 349.00
05-28-2014 CTFREE

JUDGE B DIXON; PRE TRIAL CONTINUED TO 12-3-2014 10:00; WITNESS DEADLINE EXTENDED TO JULY 31, 2014; MOTION TO STRIKE EXPERT WITNESS IS MOOT; FINAL PRETRIAL - NO MORE CONTINUANCES

05-28-2014 ACCOUNT

Receipt # 2014-3370709 on 05/28/2014.
Payor:JOHNSON HANAN & VOSLER Total Amount Paid: $349.00.
Line Items:
CJ-2013-3779: $349.00 on AC01 Clerk Fees.

06-06-2014 MO

DEFENDANT'S MOTION FOR A PROTECTIVE ORDER AND BRIEF IN SUPPORT

Document Available (#1025975218)

06-10-2014 RESP

defendant's response to plaintiff's motion to compel/motion for an order prohibiting

Document Available (#1025977893)

06-16-2014 R

plaintiff's REPLY to defendants' response to plaintiff's motion to compel

Document Available (#1026275474)

06-20-2014 RESP

plaintiff's Response to defendant's motion for protective order

Document Available (#1026872214)

07-01-2014 CT

CERTIFICATE OF COMPLIANCE

Document Available (#1026496793)

07-03-2014 O

ORDER AS TO DEFENDANTS MOTION FOR PROTECTIVE ORDER

07-03-2014 CTFREE

JUDGE B DIXON; MOTION SUSTAINED PROTECTIVE ORDER TO NOT RELEASE PUBLICLY THE PHONE NUMBERS AND ADDRESSES OF FORMER EMPLOYEES - 10 DAYS TO PRODUCE ALL PHONE NUMBERS

07-03-2014 O

ORDER AS TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER

Document Available (#1026498786)

07-11-2014 CTFREE

JUDGE B DIXON; MOTION SUSTAINED IN PART OVERRULED IN PART AS PER ORDER OF 7-2-2014

07-15-2014 CER

CERTIFICATE OF compliance

Document Available (#1026678908)

07-17-2014 AGR

AGREED PROTECTIVE ORDER

Document Available (#1026502143)

09-19-2014 EAA

ENTRY OF APPEARANCE FOR JACOB T. SHERMAN OF JOHNSON HANAN & VOSLER AS ATTORNEY ON BEHALF OF DEFT. SSM HEALTHCARE OF OKLA. INC. DBA ST. ANTHONY HSPT. SOUTH

Document Available (#1027289006)

10-13-2014 MOQ

defendant's motion to quash and for protective order regarding plaintiff's notice for deposition to st. anthony hospital - south

Document Available (#1027259288)

10-14-2014 RESP

plaintiff's reponse to defendant's motion to quash notice for deposition to st. anthony hospital - south

Document Available (#1027258878)

10-15-2014 CTFREE

JUDGE B DIXON; MOTION TO QUASH AND FOR PROTECTIVE ORDER SUSTAINED AT THIS TIME; PLAINTIFF TO DO FACT WITNESS DEPOSTIONS; DEFENDANTS TO REDUCE WITNESS LIST TO 10 WITNESSES BY 10-21-2014; PARTIES TO DISCUSS DEPOSITIONS OF OTHER WITNESSES AND ATTEMPT TO RESOLVE OR LIMIT ISSUES NEEDED FOR CORPORATE REPRESENTATIVES

11-13-2014 APLI

JOINT APPLICATION FOR EXTENSION OF DISCOVERY DEADLINES

Document Available (#1027699028)

11-18-2014 O

Order

Document Available (#1027688851)

12-03-2014 CTFREE

JUDGE B DIXON; PRE TRIAL CONTINUED BY AGREEMENT TO 2-4-2015 2:00

12-11-2014 MOC

PLAINTIFF'S Motion To Compel DEFENDANT'S RESPONSE TO REQUESTS FOR PRODUCTION

Document Available (#1027671827)

12-22-2014 CER

CERTIFICATE OF COMPLIANCE

Document Available (#1028148598)

12-23-2014 RESP

DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO COMPEL DEFENDANTS TO REQUESTS FOR PRODUCTION

Document Available (#1028167362)

01-26-2015 SII

SUBPOENA

Document Available (#1028401172)

01-30-2015 CTFREE

JUDGE DIXON - PLAINTIFFS MOTION TO COMPEL DEFENDANTS RESPONSES TO REQUESTS FOR PRODUCTION - STRICKEN N/A

02-04-2015 CTFREE

DIXON: PTC HELD; JURY TRIAL SET 6-15-15 @ 9AM. MOTIONS IN LIMINE & DAUBERT MOTIONS HEARD ON 5-15-15 @ 1 ;30 PM

02-04-2015 EAA

ENTRY OF APPEARANCE

Document Available (#1028195748)

02-06-2015 PT

PRE-TRIAL CONFERENCE ORDER

Document Available (#1028630824)

02-27-2015 MO

plaintiff's Motion to compel defendants' responses to requests for production

Document Available (#1028789635)

03-05-2015 MO

DEFENDANTS SSM HEALTH CARE CORPORATION AND SSM HEALTH CARE OF OKLAHOMA INCS MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF PUNITIVE DAMAGES AND BRIEF IN SUPPORT

Document Available (#1028792977)

03-13-2015 RESP

plaintiff's response to defendants ssm health care corporation and ssm health care of oklahoma, inc.'s motion for partial summary judgment on the issue of punitive damages

Document Available (#1028801785)

03-24-2015 R

DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Document Available (#1029092422)

03-31-2015 NO

notice of change of law firm

Document Available (#1029089219)

04-01-2015 MO

defendants' motion to strike plaintiff witnesses tenpenny and hoyos

Document Available (#1029089302)

04-02-2015 CTFREE

JUDGE DIXON - DEFENDANT SSM HEALTH CARE CORPORATION AND SSM HEALTH CARE OF OKLAHOMA INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF PUNITIVE DAMAGES - SUSTAINED AS PER JE - NO COMPETENT EVIDENCE TO SUPPORT PUNITIVE DAMAGES CLAIM

04-14-2015 RESP

PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO STRIKE PLAINTIFF WITNESSES TENPENNY AND HOYOS

Document Available (#1029077839)

04-14-2015 MO

PLAINTIFFS FIRST MOTION IN LIMINE AND BRIEF IN SUPPORT THEREOF

Document Available (#1029077894)

04-15-2015 MO

DEFENDANTS' MOTIONS IN LIMINE

Document Available (#1029077067)

04-24-2015 R

DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO STRIKE PLAINTIFF WITNESSES TENPENNY AND HOYOS

Document Available (#1029305921)

04-29-2015 O

JUDGE DIXON - ORDER DENYING PLAINTIFF'S MOTION TO COMPEL

Document Available (#1029320572)

05-01-2015 CTFREE

JUDGE DIXON - DEFENDANTS' MOTION TO STRIKE PLAINTIFF WITNESSES TENPENNY AND HOYOS - SUSTAINED AS TO HOYOS. OVERRULED AS TO TENPENNY

05-04-2015 RESP

defendants' Response to plaintiff's motions to limine

Document Available (#1029300853)

05-04-2015 RESP

plaintiff's Response to defendants' motions in limine

Document Available (#1029299567)

05-06-2015 DEPO

defendant st. anthony hospital south's deposition designations

Document Available (#1029292758)

05-08-2015 CTFREE

JUDGE DIXON - PLAINTIFF'S MOTION TO COMPEL DEFENDANTS' RESPONSES TO REQUESTS FOR PRODUCTION - OVERRULED AS PER ORDER OF 4-28-2015

05-15-2015 CTFREE

JUDGE DIXON - DEFENDANT'S MOTION IN LIMINE - CONTINUED TO 5-29-2015 @ 1:30 PM

05-15-2015 CTFREE

JUDGE DIXON - PLAINTIFF'S FIRST MOTION IN LIMINE - CONTINUED TO 5-29-2015 @ 1:30 PM

05-28-2015 OBJ

DEFENDANT'S OBJECTIONS TO AND MOTION TO STRIKE CERTAIN TRIAL EXHIBITS OF PLAINTIFF

Document Available (#1029490268)

05-29-2015 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
05-29-2015 CTFREE

JUDGE DIXON - DEFENDANT'S MOTION IN LIMINE - SUSTAINED BY AGREEMENT AS TO #2-4, 9, 12, 14, 16, 18, 22-25, 34, 35, 46 & 50-53; SUSTAINED AS TO # 1, 5-8, 10, 11, 13, 20, 21, 26, 27, 29-31, 40-43, 47 & 49; WITHDRAWN AS TO # 15, 28, 39 & 44; OVERRULED AS TO #17, 19, 32, 33, 38 & 48; RESERVED AS TO # 36, 37 & 45 AS PER J.E. COURT REPORTER PAM HARTWICK

05-29-2015 CTFREE

JUDGE DIXON - PLAINTIFF'S FIRST MOTION IN LIMINE - SUSTAINED BY AGREEMENT AS TO # 1, 2, 4, 6 & 9; SUSTAINED AS TO #3, 5, 8, & EXCEPT FOR EXPERTS 10 & 11; OVERRULED #7 AS PER J.E. COURT REPORTER PAM HARTWICK

05-29-2015 O

Order

Document Available (#1029489222)

05-29-2015 NO

Notice of address change

Document Available (#1029487876)

05-29-2015 ADJUST

ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 0.50
05-29-2015 ACCOUNT

ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2013-3779: AC01 Clerk Fees -$0.50

05-29-2015 ACCOUNT

Receipt # 2015-3624538 on 05/29/2015.
Payor:MARK COX Total Amount Paid: $20.00.
Line Items:
CJ-2013-3779: $19.50 on AC01 Clerk Fees.
CJ-2013-3779: $0.50 on AC09 Card Allocations.

06-03-2015 RESP

PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO STRIKE CERTAIN TRIAL EXHIBITS OF PLAINTIFF

Document Available (#1029493776)

06-03-2015 MO

PLAINTIFFS MOTION TO DESIGNATE DEPOSITION TESTIMONY OUT OF TIME

Document Available (#1029493780)

06-03-2015 B

PLAINTIFF TRIAL BRIEF

Document Available (#1029493784)

06-04-2015 RESP

DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO DESIGNATE DEPOSITION TESTIMONY OUT OF TIME

Document Available (#1029789624)

06-04-2015 R

REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS MOTION TO STRIKE CERTAIN TRIAL EXHIBITS OF PLAINTIFF

Document Available (#1029787589)

06-08-2015 R

PLAINTIFF'S REPLY TO MOTION TO DESIGNATE DEPOSITION TESTIMONY OUT OF TIME

Document Available (#1029790974)

06-11-2015 B

defendant ssm healthcare of healthcare of oklahoma, inc. d/b/a st. anthony hospital-south's trial brief regarding damages

Document Available (#1029786439)

06-12-2015 CTFREE

JUDGE DIXON - DEFENDANT'S MOTION TO STRIKE CERTAIN TRIAL EXHIBITS OF PLAINTIFF - SUSTAINED BY AGREEMENT #4, 5 & 6. OVERRULED #1, 2, 3, & 7.

06-12-2015 CTFREE

JUDGE DIXON - PLAINTIFF'S MOTION TO DESIGNATE DEPOSITION TESTIMONY OUT OF TIME - SUSTAINED AS PER J.E.

06-12-2015 REQ

DEFENDANTS REQUESTED JURY INSTRUCTION

Document Available (#1029785262)

06-15-2015 CTFREE

JUDGE DIXON - JURY TRIAL DAY 1 - ENT: CASE COMES ON FOR JURY TRIAL. PLAINTIFF APPEARS WITH MARK COX. ALEX VOSLER, SEAN SNIDER AND J.T. SHERMAN APPEAR ON BEHALF OF DEFENDANT. BOTH SIDES ANNOUNCE READY. TWENTY FIVE (25) JURORS SWORN TO ANSWER QUESTIONS. EIGHTEEN (18) JURORS CALLED TO THE BOX. COURT CALLED TO THE BOX. MISTRIAL DECLARED.

06-15-2015 CTFREE

JUDGE DIXON - JURY TRIAL DAY 1 - ENT: CASE AGAIN COMES ON FOR JURY TRIAL AFTER EARLIER MISTRIAL DECLARED. PLAINTIFF APPEARS WITH MARK COX. ALEX VOSLER, SEAN SNIDER AND J.T. SHERMAN APPEAR ON BEHALF OF DEFENDANT. BOTH SIDES ANNOUNCE READY. TWENTY FIVE NEW (25) JURORS SWORN TO ANSWER QUESTIONS. EIGHTEEN (18) JURORS CALLED TO THE BOX. COURT CALLED TO THE BOX. PROSPECTIVE JURORS EXCUSED FOR CAUSE. JURY EXAMINATION BY PLAINTIFF AND DEFENDANT AND PASSED FOR CAUSE. PEREMPTORY CHALLENGES. ALL CHALLENGES CALLED. TWELVE (12) JURORS SWORN TO TRY CASE. COURT'S INSTRUCTION #1. OPENING STATEMENTS BY PLAINTIFF AND DEFENDANT. COURT ADMONISHES JURY AND RECESSES UNTIL 6-16-2015 @ 9AM. PAM HARTWICK COURT REPORTER

06-16-2015 CTFREE

JUDGE DIXON - JURY TRIAL DAY 2 - ENT: JURY TRIAL CONTINUES AFTER NIGHT'S RECESS. WITNESSES SWORN, TESTIMONY HEARD, EXHIBITS OFFERED. COURT ADMONISHED JURY AND RECESSES UNTIL 6-17-2015 @ 9AM. PAM HARTWICK COURT REPORTER.

06-16-2015 O

Order directing district clerk to remove this case from internet view during jury trial beginning june 15, 2015

Document Available (#1029783437)

06-17-2015 CTFREE

JUDGE DIXON - JURY TRIAL DAY 3 - ENT - JURY TRIAL CONTINUES AFTER NIGHT'S RECESS. WITNESSES SWORN, TESTIMONY HEARD, EXHIBITS OFFERED. PLAINTIFF REST.DEFENDANT DEMURRED. SUSTAINED AS TO RES IPSA LOQUITUR AND OVERRULED AS TO REST. WITNESSES SWORN, TESTIMONY HEARD, EXHIBITS OFFERED. COURT ADMONISHES JURY AND RECESSES UNTIL 6-18-2015 @ 9:00 AM. PAM HARTWICK COURT REPORTER.

06-18-2015 CTFREE

JUDGE DIXON - JURY TRIAL DAY 4 - ENT - CASE SETTLED. JURY DISCHARGED. PAM HARTWICK COURT REPORTER

06-18-2015 OAT

OATH OF BAILIFF

Document Available (#1029725784)

06-18-2015 JL

JURY LIST

Document Available (#1029725859)

06-18-2015 DISPCVDM

JUDGE DIXON - CASE SETTLED
1 SSM HEALTH CARE OF OKLAHOMA INC

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: