Latonya Monique Holmes v. Richard Ranee, M.D.

Latonya Monique Holmes, Administrator of the Estate of Tyron Anton Holmes sued Richard Ranee, M.D., Saint Francis Hospital South, LLC, St. Francis Hospital, Inc., Lab Medicine of Greater Tulsa, P.C., Tulsa Medical Laboratory, LLC, Floral Haven Funeral Home, Floral Haven Funeral Home, Inc., Board of Medicolegal Investigations, North Star Memorial Group, LLC, North Star Funeral Service of Oklahoma, North Star Cemetery Services of Oklahoma, LLC, Ray Fransiscos Funeral Directors Limousine Service, Inc., Ray Fransiscos Funeral Directors Cremation Service, Inc., Ray Fransisco EmbalmingService, Inc.,R and Ray Fransisco Regional Embalming Service, Inc. on wrongful death, intentional infliction of emotional distress, medical negligence (medical malpractice), gross negligence, res ipsa, spoliation of evidence, breach of implied, express, written or oral contract theories.





Plaintiff's claims relate to the medical care provided to an infant and to certain organs removed from the baby's body after death. Tyron Anton Holmes died on April 27, 2007 during surgery being performed by Dr. Ranne.. Plaintiff requested an autopsy. On May 2, 2007, Dr. Virginia Burdine,m a pathologist employed by Lab Medicine, went to the morgue at Saint Francis Hospital in Tulsa to perform an autopsy. She found that the child's abdominal cavity was filled with a sawdust-like desiccated material and had the odor of formaldehyde. She also found that the child's internal organs were not present. She also called the medical examiner about the condition of the remains and the missing organs.



MORRISSEY, LINDA G.: ORDER, ENTERED. PLAINTIFF'S MOTION FOR SANCTIONS IS DENIED. DEFENDANT, ST. FRANCIS' MOTION TO STRIKE PLAINTIFF'S AMENDED EXPERT WITNESS DESIGNATION IN DENIED. DEFENDANT'S ORAL MOTION FOR COSTS AND ATTORNEY FEES IS DENIED. THE SUPREME COURT OF OKLAHOMA HAS HELD THAT PERMISSION TO AMEND SHOULD BE GRANTED LIBERALLY. "WHILE THE DECISION TO GRANT LEAVE [TO AMEND] IS WITHIN THE SOLE DISCRETION OF THE COURT, THERE MUST BE A SUBSTANTIAL REASON TO DENY THE MOTION.” ROTH V. MERCY HEALTH CTR., INC., 2011 OK 2, 246 P.3D 1079, 1984. SINCE THE OKLAHOMA PLEADING CODE WAS BASED UPON THE FEDERAL RULES OF CIVIL PROCEDURE (AND 12 O.S. 2001 2015(A) DIRECTLY CORRESPONDS WITH - AND IS DERIVATIVE OF RULE 15 OF THE FEDERAL RULES OF CIVIL PROCEDURE), THE SUPREME COURT OF OKLAHOMA FOUND THE DECISIONS OF FEDERAL COURTS REGARDING THE INTERPRETATION OF RULE 15 TO BE INSTRUCTIVE IN ROTH. ID. " A KEY CONSIDERATION IS WHETHER THE NON-MOVANT WILL BE PREJUDICED BY THE AMENDMENT. DENIAL OF LEAVE TO AMEND MAY BE REQUIRED WHERE THERE HAS BEEN UNDUE DELAY OR OTHER IMPROPER OR BAD FAITH CONDUCT BY THE PARTY SEEKING TO AMEND, OR WHERE IT IS APPARENT THAT THE AMENDMENT WOULD BE FUTILE, AS IN, FOR EXAMPLE, THE INABILITY OF THE AMENDMENT TO WITHSTAND A MOTION TO DISMISS.” UNITED STATES V. KEYSTONE SANITATION CO., INC., 903 F.SUPP. 803, 814 (M.D. PA. 1995). THE DEFENDANT'S HAVE FAILED TO MEET THIS THRESHOLD TO JUSTIFY DENYING PLAINTIFF'S REQUEST TO AMEND, THEREFORE PLAINTIFF'S



MOTION TO AMEND GRANTED

Saint Francis Hospital, Inc. dismissed with prejudice.



Dismissed without prejudice as to Ray Fransisco Embalming Service, Inc., Ray Francisco Funeral Directors Cremation Services, Inc., Fray Francisco Funeral Directors Limousine Service, Inc.; Floral Have Funeral Home, Inc.