Case: 4:12-cv-03012 Doc 1 Filed: 12/10/12 1 of 10. PagelD 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ADDA M. PAXSON 1439 Buckeye Circle CASE NO Salem OH 44460 GAYLE PAXSON 1439 Buckeye Circle Salem OH 44460 Plaintiffs, VS. JUDGE: COMPLAINT: RENAL CARE GROUP EASTERN OHIO, LLC NEGLIGENCE/MALPRACTICE; D/B/A Fresenius Medical Care Salem South RES IPSA LOQUITOR; PUNITIVE 2345 East Pershing St. Salem, Ohio 44460 DAMAGES Defendant. Statutory Agent: CT CORPORATION 1300 East 9th Street Cleveland, Ohio 44114 Now come Plaintiffs, Adda M. Paxson and Gayle Paxson hereinafter, sometimes referred to as "Plaintiff" Or "Plaintiffs", by and through the undersigned counsel, and. for their Complaint against Defendant, Renal Care Group Eastern Ohio, LLC d/b/a Fresenius Medical Care Salem South hereinafter, sometimes referred to as "Defendant" or "FMC", states as follows:
17
Embed
Case: 4:12-cv-03012 Doc 1 of 10. PagelD 1 THE STATES … · 2012-12-10 · Case: 4:12-cv-03012 Doc 1 Filed: 12/10/12 3 of 10. PagelD 3 10. At all times relevant to Plaintiff's injury,
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
RICHARD P. GIBBS (0002767)Attorney for PlaintiffsRichard P. Gibbs & Associates, LLC1001 South Main StreetNorth Canton OH 44720Phone: 330-497-0979Facsimile: 330-497-2699Email: [email protected]
JURY DEMAND
Plaintiffs hereby demand a trial by jury on all issues so triable in ibis matter.
JS 44 (Rev. 10/4/11) CIVIL COVER SHEETThe JS 44 civil coversheet and the inforrmtion contained herein neither replace nor supplenent the filing and service of pleadngs or other papers as inquired by law, except as puvidedby local mles of court. This form, approved by the Judicial Conference of the United States inSeptember 1974, is required for the use of the Clerk ofCourt for the purpose of initiatingthe civil docket sheet. (SEE INS:m[1(777MS ON NEXT PAGE OF MIS FORM)
I. (a) PLAINTIFFS DEFENDANTSAdda M. Paxson Renal Care Group Eastern Ohio, LLC, dbaGayle Paxson Fresenius Medical Care Salem South
(b) County of Residence of First Listed Plaintiff adumbiana County of Residence of First Listed Defendant Columbiana(EXCEPT IN U.S. PLAINTHT CASES) (IN U.S. PLONTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OFTHE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnown)Richard P. Gibbs & Associates, LLC1001 S. Main Street, North Canton, Ohio 44720
II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box fbr Plaintifl)(For Diversity Cases Only) and One Box for Defendant)
O I U.S. Government 0 3 Federal Question PTF DEP PTE DEEPlaintiff (U.S. Government Not a Party) Citizen of This State X I 0 1 Incorporated or Principal Place 0 4 0 4
of Business In This State
0 2 U.S. Government X 4 Diversity Citizen ofAnother State 0 2 0 2 Incorporated and Principal Place 0 5 X 5
Defendant (Indicate Citizenship ofParties in Beni III) of Business In Another State
Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6
IV. NATURE OF SUIT (Place an "X" in One Box Only)
O 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims ActO 120 Marine 0 310 Airplane 0 365 Personal Injury aProperty 21 USC 881 0 423 Withdrawal 0 400 State ReapportionmentO 130 Miller Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 0 410 Antitrust
O 140 Negotiable Instmment Liability 0 367 Health Care/ 0 430 Banks and BankingO 150 Recovery ofOverpayment 0 320 Assault, Libel & Pharmaceutical 1 PROPERTY RIGHTS 0 450 Commerce
& Enforcement ofJudgment Slander Personal Injury 0 820 Copyrights 0 460 DeportationO 151 Medicare Act 0 330 Federal Employers' Product Liability 0 830 Patent 0 470 Racketeer Influenced and
O 152 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 840 Trademark Corrupt OrganizationsStudent Loans 0 340 Marine Injury Product 0 480 Consumer Credit
(Excl. Veterans) 0 345 Marine Product Liability LABOR. SOCIAL SECURITY 0 490 Cable/Sat TV
O 153 Recovery of Overpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards 0 861 I4IA (1395ff) 0 850 Securities/Commodities/
of Veteran's Benefits 0 350 Motor Vehicle 0 370 Other Fraud Act 0 862 Black Lung (923) ExchangeO 160 Stockhoklers' Suits 0 355 Motor Vehicle 0 371 Truth in Lending 0 720 Labor/Mgmt. Relations 0 863 DIWC/DIWW (405(g)) 0 890 Other Statutory Actions
O 190 Other Contract Product Liability 0 380 Other Personal 0 740 Railway Labor Act 0 864 SSID Title XVI 0 891 Agricultural Acts
O 195 Contract Product Liability 0 360 Other Personal Property Damage 0 751 Family and Medical 0 865 RS1 (405(g)) 0 893 Environmental Matters
O 196 Franchise Injury 0 385 Property Damage Leave Act 0 895 Freedom of InformationX 362 Personal Injury Product Liability 0 790 Other Labor Litigation Act
Med. Malpractice 0 791 Empl. Ret. Inc. 0 896 Arbitration
1 REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS 0 899 Administrative Procedure
0 210 Land Condemnation 0 440 Other Civil Rights 0 510 Motions to Vacate 0 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
Other 0 560 Civil Detainee (Prisoner Petition)0 448 Education Conditions or 0 465 Other Immigration
Confinement Actions
V. ORIGIN (Place an "A— i» One Box Only) Transferred fromEX 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 another district 0 6 Multidistrict
Proceeding State Court Appellate Court Reopened (specifi, LitigationCite the U.S. Civil Statute under which you are filing (Do not ritejurisdictional statutes unless diversity):
Diversity 28 U.S.C. Sec. 1332VI. CAUSE OF ACTION.....Brief description of cause:
brain dmg. from fall c/b viol, of standard of care during patient transfer from wheelchair to dialysis chair.
VH. REQUESTED IN L7 CHECK IF THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint:COMPLAINT: UNDER F.R.C.P. 23 2,000, 000.00 JURY DEMAND: V Yes 0 No
VIII. RELATED CASE(S)(See instructions): JUDGEIF ANY DOCKET NUMBER
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF OHIO
I. Civil Categories: (Please check one category only).
1. 1 General Civil2. Administrative Review/Social Security3. Ell Habeas Corpus Death Penalty
*If under Title 28, §2255, name the SENTENCING JUDGE:
CASE NUMBER:
RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardforthe place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible forbringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
This action is RELATED to another PENDING civil case. This action is J REFILED pursuant to LR 3.1.
If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.
In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of thedivisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
countyCOUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in whichit has its principal place of business in that district.
(2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the countywherein the cause of action arose or the event complained of occurred.
COUNTY: Columbiana
(3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principleplace of business within the district, and the cause of action arose or the event complained of occurred outsidethis district, please set forth the county of the plaintiff's residence.
COUNTY:
IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county isdetermined in Section III, please check the appropriate division.
EASTERN DIVISION
ElAKRON (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)I- CLEVELAND (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)1 YOUNGSTOWN (Counties: Columbiana, Mahoning and Trumbull)
I, ABBAS SADEGHIAN, PH. D., after first being duly sworn and deposed according to
law, state on my personal knowledge and belief as follows:
1. I am a resident of the State of Ohio and. I and more than 18 years old.
2. I am a licensed Psychologist in the State of Ohio.
I currently devote at least three-fourths of my professional time to the activeclinical practice of clinical neuropsychology, or to its instruction, in. an
accredited school.
4. I have reviewed all of the medical records reasonably available to Adda Paxson
concerning the allegations of negligence/malpractice against Fresenius MedicalCenter.
5. Based on my education, training and experience, I am familiar with thestandard of care for transfer of elderly patients in medical facilities and am
familiar with the treatment Mrs. Paxson received following her January 17,2012 injury.
6. It is my opinion that Fresenius Medical Center breached the standards of care in.the transfer of Adda Paxson on January 17, 2102.
7. It is my further opinion that Fresenius Medical Center's breach of the standardsof care proximately caused injury to Adda Paxson necessitating medicaltreatment and acute physical care as set forth in the attached Exhibit A.
Further Affiant Sayeth Naught.
Date: S—ABBAS SADEGHIAN, PH. D.
STATE OHIO t
SS:COUNTY OF STARK
BEFORE ME, a Notary Public in and for said county and state, personally appearedABBAS SADEGHIAN, PH.D., who acknowledged that he did sign the foregoing instrument,that the same is his free act and deed, and that the statements contained therein are true,and. that he has personal knowledge of the same.
I N TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Canton,Ohio Stark County this 5th day of December, 2012.
rjurn.4 at EA*Nowy Pu lic
T; 0; uhio
14 Cv EXHIBIT
:5.0
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURTfor the
__________ District of __________
)))))))
Plaintiff
v. Civil Action No.
Defendant
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.