Date: 12-01-2015

Case Style: Janet Woods, individually and as Personal Representative of the Estate of Georg Woods v. St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D.

Case Number: CJ-2014-3867

Judge: Dana Kuehn

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Lannie Todd Kelly and Brittany G. Coburn

Defendant's Attorney: Grant Fitz for St. John Health System, Inc.

Blake Atkins for Hearth Center of Tulsa, Inc.

Karen Callahan for Jose R. Medina, M.C.

Description: Tulsa, OK Janet Woods, individually and as Personal Representative of the Estate of Georg Woods sued St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D. on medical negligence theories claiming:

1.1 This is a civil action for damages in excess of one million dollars.
1.2 Venue is proper in Tulsa County, Oklahoma because all of the tortious conduct alleged in
this petition occurred in Tulsa County.
1.3 Plaintiff, JANET WOODS, alleges, pursuant to 12 O.S. § 1053, that she is the Next of Kin and Representative of the Estate of GEORGE WOODS, DECEASED, and that as a result of the Defendants’ conduct, her husband has been damaged in an amount in excess of $50,000.00 due to past and future medical expenses and individual care, grief, loss of love and companionship, and all damages described in paragraphs 8.0— 8.4, all of which were caused by the negligence and other wrongful conduct of the Defendants.
1.4 Plaintiffs and undersigned counsel have conducted a reasonable investigation of this matter and have a good faith belief that grounds exist to file this claim for medical negligence against all Defendants named herein. An Affidavit from counsel as required by Oklahoma Law is attached. A written report/affidavit from the reviewing physician verifying the medical negligence alleged is attached hereto as Exhibit 1.
2.0 IDENTIFICATION OF THE PARTIES
2.1 PLAINTIFFS
2.1.1 Plaintiffs JANET WOODS, INDIVIDUALLY, AND AS NEXT OF KIN AND RESPRESENTATIVE OF THE ESTATE OF GEORGE WOODS, DECEASED, are
citizens and residents of Tulsa County, Oklahoma.
2.2 HOSPITAL DEFENDANTS
2.2.1 Defendant ST. JOHN HEALTH SYSTEM, INC. d/b/a ST. JOHN HEART INSTITUTE cl/b/a ST. JOHN HEART INSTITUTE - CARDIOVASCULAR CONSULTANTS (“ST. JOHN”), is a domestic not for profit corporation with its principal place of business at 1923 S. Utica Ave., Tulsa, Oklahoma 74104. All acts and omissions of ST. JOHN as described herein were performed or neglected by its agents, servants, employees and/or owners, acting in the course and scope of their respective agencies, services, employments and/or ownership. Service of process on this Defendant can be made by serving its registered agent, Robert S. Glass, at the address above.
2.3 DOCTOR DEFENDANTS
2.3.1 Defendant HEART CENTER OF TULSA, INC., is a domestic for profit professional corporation with its principal place of business at 1923 E. 21 St., Suite 200, Tulsa, Oklahoma 74114. All acts and omissions of HEART CENTER OF TULSA, INC. as described herein were done by its agents, servants, employees and/or owners, acting in the course and scope of their representative agencies, services, employments and/or ownership. Service of process on this Defendant can be made by serving its registered agent, R. Blake Atkins, at 1406 Ten ace Dr., Tulsa, Oklahoma 74104-4626.
2.3.2 Defendant JOSE R. MEDINA, M.D. (“DR. MEDINA”) is an individual, a physician duly licensed to practice medicine in the State of Oklahoma (License #9444) with his Professional Association and principal place of business at 1923 E. 21st St., Suite 200, Tulsa, Oklahoma 74114. All acts and omissions of DR. MED1NA as described herein were done by him, personally. Service of process on this Defendant can be made by serving DR. MEDINA at HEART CENTER OF TULSA, INC., 1923 E. 2l St., Suite 200, Tulsa, Oklahoma 74114 and/or Xavier Medical Clinic, 10711 E. 1 1th Street, Tulsa, Oklahoma 74128.
3.0 FACTS GIVING RISE TO THE CAUSE OF ACTION
3.1 George was a 59 year old man with a history of hypertension with diastolic dysfunction, diabetes, obesity, back pain due to DJD, hyperlipidemia, COPD, and obstructive sleep apnea. On 7/15/2009, he had a chest X-ray which showed normal heart size and no infiltrates. He weighed
325 pounds in January 2010. On 1/10/2011, he complained of shortness of breath with a 6 month duration; he weight had increased to 337 pounds, and he was found to have atrial fibrillation, which was documented by Echocardiogram which showed an EF of 35-40% (ejection fraction, normal is >50%) and apparently normal atrial sizes. Dr. John P. Cox placed him on metoprolol 50 mg. On 1/24/2011, George was seen on follow up and at that time his main complaint was fatigue, rather than shortness of breath. On 2/8/2011, he was seen by Dr. Jose Medina at St. John Heart Institute, given a loading dose of 800 mg. a day of amiodarone followed by a daily dose of 200 mg. a day. On 3/19/2011, a TEE/DCCV (trans-esophageal guided electrical cardioversion) was performed to get him back to normal rhythm. The TEE showed a normal EF of 50%, no evidence of a clot in the left atrial appendage and apparently showed a nonnal left atrium. On 5/19/2011, Dr. Medina saw George for recurrent AF, at which time he increased the dose of amiodarone to 400 mg a day and the metoprolol to 50 mg twice daily. On 7/3/2011, a chest Xray showed a normal heart size and clear lungs, and a chest CT showed no evidence of clots in the lungs, and no other significant lung abnormalities were described. An EKG showed sinus bradycardia. On 3/5/2012, he presented with shortness of breath and a recurrence of the irregular rhythm.
3.2 George was offered RFA (radio frequency ablation) as a means of keeping him in normal sinus rhythm. However, he rellised having the procedure done and was then given the increased dose of amiodarone (400mg a day). He developed progressive shortness of breath, which lead to a prolonged admission for respiratory failure due to ARDS (bilateral pulmonary interstitial opacities by Chest X-ray) and a chest CT showed ground glass appearance bilaterally, changes known to be consistent with amiodarone toxicity. Lavage of the airways revealed mixed inflammatory cells with leukocytosis and no evidence of malignant cells. Pertinent laboratory test showed a BNP of 20 (normal results, arguing against heart failure causing the respiratory failure and the abnormal chest X-ray), negative AFB in the sputum (arguing against TB). Dr. Joe Scheller concluded that the overall evidence of data pointed to amiodarone toxicity as the cause of his severe respiratory failure. By 12/3/2012, his arterial blood gas was 7.43, pCO2 of 83 (consistent with severe retention of C02, due to severe respiratory insufficiency and inability to blow off this toxic gas) and a P02 of 107.
3.3 On 12/10/2012, his oxygen requirements increased from 50 to 100%; on 12/11/2012, his blood pressure dropped to 71/45 mmHg, his PaO2 dropped to 42% despite 100% Fi02, and when it became apparent that all efforts were futile, and after a prolonged hospitalization, George’s family made the tough decision to remove him from the respirator, and he expired shortly thereafter. A death certificate (1/3/2013) showed sepsis, respiratory failure and interstitial lung disease as the causes of death.
4.0 VICARIOUS LIABILITY/RESPONDEAT SUPERIOR/APPARENT OR
OSTENSIBLE AGENCY
4.1 At all times material hereto, Defendants, ST. JOHN HEALTH SYSTEM, INC. d/b/a ST. JOHN HEART INSTITUTE cl/b/a ST. JOHN HEART INSTITUTE - CARDIOVASCULAR CONSULTANTS, and HEART CENTER OF TULSA, INC. held out to the public that they had competent and qualified personnel to treat patients.
4.2 At all times material hereto, Defendants, ST. JOHN HEALTH SYSTEM, INC. cl/b/a ST. JOHN HEART INSTITUTE d/b/a ST. JOHN HEART INSTITUTE - CARDIOVASCULAR CONSULTANTS, and HEART CENTER OF TULSA, NC. are vicariously liable for the negligent conduct of their physicians, nursing and healthcare provider agents, servants, and/or employees under the doctrine of respondeat superior.
4.3 At all times material hereto, Defendant, JOSE R. MEDINA, M.D. was an agent, representative, or employee or apparent or ostensible agency of ST. JOHN HEALTH SYSTEM, INC. d/b/a ST. JOHN HEART INSTITUTE d/b/a ST. JOHN HEART INSTITUTE — CARDIOVASCULAR CONSULTANTS, and HEART CENTER OF TULSA, INC.
4.4 At all times material hereto, Defendant, JOSE R. MEDINA, M.D. was acting within the
course and scope of his employment, or ostensible agency with ST. JOHN HEALTH SYSTEM,
INC. d/b/a ST. JOHN HEART INSTITUTE d/b/a ST. JOHN HEART INSTITUTE -
CARDIOVASCULAR CONSULTANTS, and HEART CENTER OF TULSA, NC.
4.5 At all times material hereto, Defendants, ST. JOHN HEALTH SYSTEM, INC. d/b/a ST.
JOHN HEART INSTITUTE d/b/a ST. JOHN HEART INSTITUTE — CARDIOVASCULAR
CONSULTANTS, and HEART CENTER OF TULSA, INC. are responsible and vicariously
liable for the injuries, damages and death cause by the negligence of JOSE R. MEDII’JA, M.D.
5.0 NEGLIGENCE
5.1 At all times material hereto, the acts and omissions of the Defendant physicians, nurses, respiratory therapists and/or health providers, agents, servants and employees, acting in the course and scope of their employment with ST. JOHN HEALTH SYSTEM, INC. d/b/a ST. JOHN HEART INSTITUTE d/b/a ST. JOHN HEART INSTITUTE - CARDIOVASCULAR CONSULTANTS and HEART CENTER OF TULSA, INC. (hereinafter collectively referred to as “MEDICAL FACILITIES”) constitute negligence, by failing to use that degree of care that a person of ordinary prudence would have used under the same or similar circumstances, and failing to use ordinary care in the care and treatment of GEORGE WOODS was a direct and proximate cause of the severed and permanent injuries, damages, and death sustained by
GEORGE WOODS.
5.2 The MEDICAL FACILITIES had a direct corporate duty to GEORGE WOODS to use reasonable care in formulating and enforcing policies and procedures, rules, and/or bylaws by which its medical and non-medical personnel were to be governed. The MEDICAL FACILITIES had a further duty to supply the required equipment and instrumentalities for the care of its patients. The HOSPITAL also had a direct corporate duty to see that its nurses, doctors, and healtheare providers were competent and adequately supervised and trained. Such duties are non- delegable. With regard to these duties the HOSPITAL had a direct corporate responsibility to use that degree of care that a hospital of ordinary prudence would use under the same or similar circumstances. During the hospitalization in question, the HOSPITAL was directly negligent in one or more particulars and such acts and/or omissions taken separately or collectively, constitute a proximate cause of the injuries, damages, and death claimed in this lawsuit.
5.3 At all times material hereto, DR. MEDINA had a duty to exercise ordinary care in his care and treatment of GEORGE WOODS, that is, to do what a reasonable and prudent physician would have done in same or similar circumstances, or not to do what a reasonable and prudent physician would not have done under the same or similar circumstances, and those acts or omissions were negligent and this negligence was a direct and proximate cause of the severe and permanent injuries, damages, and death sustained by GEORGE WOODS.
6.0 JOINT AND SEVERAL LIABILITY
6.1 Plaintiffs affirmatively plead that all the Defendants in this case are jointly and severally liable for the damages sustained by the Plaintiffs in this case. The permanent and irreversible injury, damages and death of GEORGE WOODS, was neither a direct nor proximate result of any act or omission of the Plaintiff, but is attributable wholly to the conduct of the Defendants. Accordingly, Defendants are without a basis to refute application of the doctrine of joint and several liability under the decision of the Oklahoma Supreme Court in Laubach v. Morgan, 1978 OK 5, ¶f 13-14, 588 P.2D 1071, 1074. See Boyles v. Oklahoma Natural Gas Co., 1980 OK 163, 619 P.2d 613. Thus, the Defendants are each of them, jointly and severally liable for the injuries and damages sustained by GEORGE WOODS.
7.0 PLAINTIFFS’ ALLEGATIONS COMMON TO ALL DEFENDANTS
7.1 Defendants herein, by and through their agents and/or employees, negligently failed to inform the Plaintiff of material risks involved in the course of treatment rendered to Plaintiff; that Defendants failed to inform Plaintiff of alternative treatments, the reasonably foreseeable material risks of each alternative; that Plaintiff would have chosen a different course of treatment had the alternative and material risks of each been made known; and that Defendants’ conduct resulted in the permanent, irreversible severe bodily injuries and conscious pain and suffering, and continued future pain and suffering, worsening of permanent, irreversible severe bodily functions, medical bills and expenses for Plaintiff.
7.2 The acts and/or omissions of Defendants above amount to a willful, intentional, and/or reckless disregard for the rights of GEORGE WOODS, DECEASED. Plaintiff therefore seeks exemplary damages against all such Defendants, and each of them.
8.0 DAMAGES CLAIMED BY PLAINTIFFS
8.1 Plaintiffs request that the jury consider what sum of money, if paid now in cash, would
fairly and reasonably compensate them for the injuries and damages sustained in this case as a
result of the negligence of the Defendants.
8.2 WRONGFUL DEATH DAMAGES
8.2.1 As a direct and proximate result of the previously discussed negligent conduct of the Defendants, Plaintiff, JANET, Individually, experienced damages, including, but not limited to, the following:
a. Past mental anguish in the form of emotional pain, torment, and suffering experienced only by one who has suffered the loss of their spouse;
b. Future mental anguish in the form of emotional pain, torment, and suffering experienced only by one who has suffered the loss of their spouse;
c. Past physical pain;
d. Future physical pain;
e. Past medical expense;
f. Future medical expenses;
g. Loss of spousal consortium including, but not limited to, the loss of love, support, companionship and society, affection, advice, counsel, spousal services, comfort, enjoyment of her marital relationship with GEORGE WOODS, deceased;
h. Funeral and burial expenses; and
i. Loss of inheritance and pecuniary loss.
8.3 SURVIVAL DAMAGES
8.3.1 As a direct and proximate result of the previously discussed negligent conduct of
Defendant(s), Plaintiff, JANET WOODS, as a Representative of the Estate of GEORGE
WOODS, DECEASED, suffered in each of the following ways and seeks compensation
for each of the following:
a. Mental anguish;
b. Pre-death fright;
c. Fear of death;
d. Pre-death pain;
e. Medical expenses;
f. Funeral and burial expenses;
g. Disfigurement;
h. Physical and mental impairment;
i. Physical and mental pain and suffering; and
j. Death.
8.4 Plaintiffs reserve the right to plead additional and more specific damages in the future as more facts become known. Plaintiffs seek both past and future damages. Damages far exceed the minimum jurisdictional limits of this Court.
9.0 INITIAL DISCOVERY
9.1 Pursuant to 12 0.5. § 3233, 12 0.5. § 3234, and 12 0.5. § 3436, Plaintiffs are attaching, as Exhibits A — I, their following discovery requests to Defendants:
a. Plaintiffs’ First Set of Interrogatories to Defendant St. John Health System, Inc. cl/b/a St. John Heart Institute cl/b/a St. John Heart Institute — Cardiovascular Consultants;
b. Plaintiffs’ First Set of Interrogatories to Defendant Heart Center of Tulsa, Inc.;
c. Plaintiffs’ First Set of Interrogatories to Jose R. Medina, M.D.;
d. Plaintiffs’ First Request for Admissions to Defendant St. John Health System, Inc. cl/b/a St. John Heart Institute cl/b/a St. John Heart Institute — Cardiovascular Consultants;
e. Plaintiffs’ First Request for Admissions to Defendant Heart Center of Tulsa, Inc.;
f. Plaintiffs’ First Request for Admissions to Jose It Medina, M.D.;
g. Plaintiffs’ First Request for Production to Defendant St. John Health System, Inc. dlb/a St. John Heart Institute cl/b/a St. John Heart Institute — Cardiovascular Consultants;
h. Plaintiffs’ First Request for Production to Defendant Heart Center of Tulsa, Inc.;
i. Plaintiffs’ First Request for Production to Jose R. Medina, M.D.
10.0 INTEREST AND COSTS
10.1 Plaintiffs seek the recovery of pre-judgment interest and post-judgment interest as authorized by law. Plaintiffs also seek recovery for all costs of court.
11.0 DEMAND FOR JURY AND COURT REPORTER
11.1 Plaintiffs demand a trail by jury to resolve all fact issues in this case and tender the appropriate fee. Plaintiffs respectfully request that a court reporter attend all sessions of court in connection with this case, and that the court reporter take full notes of the voir dire, all testimony offered, together with any and all objections, arguments, and presentations of counsel, and rulings and remarks of the court.
12.0 CONCLUSION AND PRAYER
12.1 WHEREFORE, Plaintiff prays for judgment against Defendants, ST. JOHN HEALTH
SYSTEM, INC. d/b/a ST. JOHN HEART INSTITUTE d/b/a ST. JOHN HEART INSTITUTE -
CARDIOVASCULAR CONSULTANTS, HEART CENTER OF TULSA, INC. and JOSE R.
MEDINA, M.D., for compensatory and exemplary damages in amounts in excess of
$1 ,000,000,00, plus costs, interest and any other relief the Court deems equitable and just.
13.0 CERTIFICATE OF COUNSEL
13.1 Plaintiffs’ counsel has completed a reasonable investigation and attests that there are reasonable grounds for a good faith belief that there has been negligence by the Defendants in the care and treatment of the Plaintiff, GEORGE WOODS, DECEASED.

Outcome: Dismissed with prejudice as to Jose R. Medina, M.D. only.

Dismissed without prejudice as to St. John Health System, Inc.

Plaintiff's Experts:

Defendant's Experts:

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