Date: 11-15-2015

Case Style: Linda Molinard v. Steven C. Anagnost, M.D. and Orthopaedic Center, P.C.

Case Number: CJ-2015-247

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Richard Wassall

Defendant's Attorney:

Description: Tulsa, OK Linda Molinard and Aurich American Insurance Company sued Steven C. Anagnost, M.D. and Orthopaedic Center, P.C. on medical negligence (medical malpractice) theories claiming:

1. That on August 1 3th, 2006, Zurich was the workers’ compensation insurance carrier for Southcrest Hospital, Plaintiffs employer.
2. That Plaintiff, Linda Molinard, sustained an on-the-job injury in the course and scope
of her employment on October 1 3th 2006, resulting in the necessity of medical treatment for her back
by the Defendants herein Said claim is currently pending in the Workers’ Compensation Court for
the State of Oklahoma under claim number 200 7-02465R Payments are continuing to be made on
said claim and are in excess of $75,000.00.
3 That Plaintiff, Linda Molinard, has provided sworn testimony in the aforementined workers’ compensation claim that the surgical treatment which she received from Defendant, Steven C. Anagnost, M.D., while Dr. Anagnost was employed by the Defendant, Orthopaedic Center, made the injury to her back worse and necessitated additional medical treatment, including additional surgeries. Said Plaintiff alleged that the defendants were negligent in the medical care and treatment provided to her and that said treatment fell below the standard of care.
4. That Zurich, as the workers’ compensation insurance carrier for Plaintiff’s employer, has been required to pay additional medical expenses, indemnity benefits and other costs as a direct result of the treatment rendered to the Plaintiff by the Defendants herein.
5. That, pursuant to 85 O.S. §44, Zurich American Insurance Company has a right of subrogation against the proceeds of any judgment, settlement or verdict obtained by Plaintiff against the Defendants herein, either jointly or severally.
6. That Plaintiff Linda Molinard filed suit against Defendants Steven C. Anagnost, M.D. and Orthopaedic Center on April 30th 2009 in Tulsa County Case No CJ- 2009-3270, and was assigned to Judge Jefferson Sellers. Zurich filed a Motion to Intervene as a plaintiff in said action on August 2I, 2011. Exhibit 1 attached. Said Motion to Intervene was granted by the Court on September 7th, 2011. Exhibit 2 attached. Zurich’s Petition in Intervention was filed September 1 9th, 2011. Exhibit 3 attached.
7. That Plaintiffs claim in the aforementioned lawsuit was dismissed without prejudice at a pretrial conference on January 21’, 2014. Although a party, Zurich was not provided notice of the pretrial conference. The pretrial conference was set as part of a Scheduling Order filed May 1 5th, 2013. Counsel for Zurich was not provided with said Scheduling Order and was not given the opportunity to approve its form and content. Zurich was not identified as a party in the Scheduling Order. Exhibit 4 attached. The pretrial conference was held on January 21st, 2014 and the case dismissed by the Court; however, Zurich was not advised of said dismissal by the Court or by the parties. The Order of Dismissal filed February 5th 2014 did not include a copy to counsel for Zurich and did not identify Zurich as a party. Exhibit 5 attached. However, the online docket sheet for said lawsuit shows Zurich’s claim was also dismissed without prejudice by the Court on January 21st 2014. Exhibit 6 attached. The rulings made at the pretrial conference substantially affect the rights of Zurich and, accordingly, Zurich now files this Petition to reassert its subrogation rights against the defendants herein.
8. Zurich adopts all allegations of medical negligence asserted against Defendants Steven C. Anagnost, M.D. and Orthopaedic Center by Plaintiff Linda Molinard in her Petition originally filed on April 30th, 2009 in Tulsa County Case No. CJ-2009-3270, reasserts said allegations and incorporates said allegations herein by reference.
WHEREFORE, premises considered, Zurich American Insurance Company, reasserts its subrogation claim against the Defendants herein and prays for judgment against the Defendants, Steven C. Anagnost, M.D. and Orthopaedic Center, bothjointly and severally, for all sums for which Zurich has become responsible to pay either in medical expenses, indemnity benefits, or costs of litigation in workers’ compensation claim number 200 7-02465R and which costs were incurred as a direct result of the negligence of the Defendants herein, all of which are in excess of $75,000.00. Zurich also requests that it be awarded a reasonable attorney fee, costs of litigation, and any other relief to which the Court may deem it to be entitled.

Outcome: COMES NOW Zurich American Insurance Company, Plaintiff in Intervention, and hereby dismisses all claims and causes of action in the above styled and captioned matter against the defendants Steven C. Anagnost, M.D. and The Orthopaedic Center with prejudice to the refiling of same.

Plaintiff's Experts:

Defendant's Experts:

Comments: