COMPLAINT FOR MEDICAL Huegli Fraser PC 101 SW

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Phillip Morgan
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2//20 3:55: PM CV05862 7 3 4 TN THE CIRCUIT COURT OF THE STATE OF OREGON 6 FOR THE COUNTY OF DESCHUTES SHELLEY HARDING and BRENT ) Case No.: HARDING.

1 2//20 3:55: PM CV TN THE CIRCUIT COURT OF THE STATE OF OREGON 6 FOR THE COUNTY OF DESCHUTES SHELLEY HARDING and BRENT ) Case No.: HARDING. Husband and Wife, 8 ) COMPLAINT FOR MEDICAL Plaintiffs, ) NEGLIGENCE LOSS OF CONSORT[UM 9 ) 10 NOT SUBJECT TO MANDATORY. ) ARBITRATION BEND MEMORIAL CLINIC, P.C., an Oregon Corporation; DANA RHODE, D.O.; and JEFFREY SCOTT, D.O. Defendants Plaintiffs allege: 15 FIRST CLAIM FOR RELIEF DEMAND FOR JURY TRIAL Prayer 58,750,000(ORS.0 (1) (d)) (MEDICAL NEGLIGENCE) 1. Plaintiffs at all times mentioned were, and are, husband and wife and residents of Deschutes County, Oregon. 2. At all matenal times, Bend Memorial Clinic, P.C., was, and is, a professional corporation organized under the laws of the State of Oregon, doing business as Bend Memorial Clinic, P.C. Defendant was and is engaged in regular and sustained business activity within Deschutes County, Oregon and was the owner of a medical facility referred to as Bend Memorial Clinic, Bend, Deschutes County, Oregon. PAGE 1 COMPLAINT FOR MEDICAL 101 SW NEGLIGENCE! Main, Suite 1900 LOSS OF Tel: (971) / Fax: (971)

2 1 3 2 At all material times, Defendant Jeffrey Scott, D.C. was and is a licensed physician engaged in providing medical services and held himself out to Plaintiff Shelley Harding as having the skill, training and experience to provide medical care, including 5 care for cardiac conditions. Shelley Harding sought medical care and treatment from 6 Defendant Scott at Bend Memorial Clinic At all material times, Defendant Scott, was an agent and/or employee of Bend Memorial Clinic, acting within the course and scope of his employment and/or agency At all material times, Defendant Dana Rhode, D.O. was and is a licensed physician engaged in providing medical services and held herself out to Plaintiff Shelley Harding as having the skill, training and experience to provide medical care, including care for cardiac conditions. Shelley Harding sought medical care and treatment from 15 Defendant Rhode at Bend Memorial Clinic At all material times, Defendant Rhode, was an agent and/or employee of Bend 18 Memorial Clinic, acting within the course and scope of her employment and/or agency On March 9, 20, Shelley Harding [hereinafter referred to as Plaintiff ] sought medical care and treatment from Bend Memorial Clinic in Bend, Oregon. She described 22 pain in her left shoulder that had been present for approximately two months. Kerry 23 Mawdsley, FNP, diagnosed Plaintiff with bursitis of the left shoulder and prescribed prednisone and a shoulder sling. PAGE 2 COMPLAINT FOR MEDICAL Tel: (971) / Fax: (971)

1 8. 2 On March 17, 20, Plaintiff returned to Bend Memorial Clinic for follow up 3 regarding her shoulder pain.

3 On March 17, 20, Plaintiff returned to Bend Memorial Clinic for follow up 3 regarding her shoulder pain. Plaintiff saw Defendant Rhode who recommended physical therapy, a possible cortisone injection and follow up as needed On April, 20 Plaintiff returned again to Bend Memorial Clinic with new 7 symptoms including chest tightness, pain between her shoulder blades and elevated blood 8 pressure. These new symptoms were inconsistent with bursitis. Plaintiff was treated by 9 Cindy Shuman, PA-C, who recommended a complete blood count test, comprehensive 10 metabolic panel and a lipid panel along with increasing Plaintiff s spironolactone dosage. The blood tests showed Plaintiff had an elevated hemoglobin count. No consideration was given to a cardiac cause of the symptoms. 10. On May, 20, Plaintiff returned to Bend Memorial Clinic for the fourth time 15 in three months and was treated by Defendant Scott. Plaintiff described chest pain over the previous three weeks that consisted of a tight, dull, and aching pain on the left side of 17 her chest with pain radiating from the left scapula to her left breast. Plaintiff described 18 the pain as worse in the morning, that she was experiencing headaches, sweating 19 episodes, nausea, blue fingers on her left hand and felt tired all the time. Plaintiff 20 described the pain as 6 out of 10. Defendant Scott ordered a single chest x-ray, a single troponin test and a single EKG. Defendant Scott discharged Piaintiff with a diagnosis of 22 chest walj pain and a myofascial strain On July 28, 20, Plaintiff returned to Bend Memorial Clinic for the fifth time in five months and was treated by Defendant Rhode. Mr. Harding accompanied Plaintiff and expressed concerns for his wife s heart. Plaintiff again described pain radiating from PAGE 3 COMPLAINT FOR MEDICAL n nom fl ng LL)LN IS.11 U lvi Tel: (971) / Fax: (971}

the middle of her back to her chest which occurred when she woke up every morning. 2 Plaintiff told Defendant Rhode I feel like I m having a heart attack.

4 the middle of her back to her chest which occurred when she woke up every morning. 2 Plaintiff told Defendant Rhode I feel like I m having a heart attack. Defendant Rhode 3 noted that Plaintiff appeared in pain while sitting in the chair. Defendant Rhode referred Plaintiff to physical therapy and prescribed her a muscle relaxer.. On August 19, 20, at approximately 6:45 am, Plaintiff suffered a sudden 7 cardiac arrest. Brent Harding called 911 and performed CPR until the paramedics 8 arrived. When paramedics arrived, Plaintiff was found to be in ventricle fibrillation. 9 Plaintiff was given two shocks of defibrillation and epinephrine. Plaintiff was intubated 10 and taken by ambulance to St. Charles Medical Center. Upon arrival, an echocardiograrn revealed her ejection fraction was 20% with a focal wall abnormality. Plaintiff was taken urgently to the catheterization lab where she was found to have near total occlusion of the left anterior descending artery. Plaintiff again lost her pulse in the catheterization lab and received three minutes of CPR. Once Plaintiffs pulse returned, Dr. McClellan performed balloon angioplasty and stenting of Plaintiffs left anterior descending artery. After successfully placing the stent, Dr. McClellan placed Plaintiff on pressors, a balloon 17 pump and transferred her to the ICU. Dr. McClellan and Dr. Smith discussed the 18 seriousness of Plaintiffs condition and decided she should be transferred to OHSU via 19 life-flight for a higher level of care with OHSU s heart failure team. 20. Defendant Scott s conduct fell below the standard of care of a reasonable and 22 prudent physician under the same or similar circumstances in the following particulars on 23 May,20: a) In failing to recognize and diagnose that Plaintiff was suffering from signs of unstable angina and/or acute coronary syndrome including intermittent PAGE 4 COMPLAINT FOR MEDICAL NEGLIGENCE/LOSS OF Kuegli Fraser PC lol5wmain,suite 1900 Tel: (971) / Fax: (971) jimhueglifraserlaw.com

symptoms of chest pain over the previous three weeks that consisted of a tight, 2 dull, and aching pain on the left side of her chest with pain radiating from the 3 left scapula to her left breast

5 symptoms of chest pain over the previous three weeks that consisted of a tight, 2 dull, and aching pain on the left side of her chest with pain radiating from the 3 left scapula to her left breast which was worse in the morning, sweating episodes, nausea, and lethargy, and needed to be treated immediately for this 5 condition; 6 7 b) In failing to refer Plaintiff to the Emergency Department of St. Charles 8 Medical Center for evaluation and observation of her symptoms, where, in all 9 reasonable probability, she would have been admitted, would have received 10 the appropriate medical testing to rule out acute coronary syndrome and/or 11 unstable angina and would have received appropriate inten entional cardiac 15 care, provocative testing looking for high wade stenosis and/or additional definitive testing such as an angiogram, together with potential heart catheterization and stenting; c) In sending Plaintiff home without adequately ruling out acute coronary 17 syndrome and/or unstable angina, when he knew or in the exercise of 18 reasonable care should have known, that under the facts and history presented, 19 Plaintiff was at high risk for having acute coronary syndrome and/or unstable angina, and that failure to rule out this condition placed Plaintiff at high nsk for myocardial infarction, cardiac arrest and death; d) In improperly ruling out acute coronary syndrome and/or unstable angina by inten iewing and examining Plaintiff and using only a single EKG, and single troponin test, when he knew, or in the exercise of reasonable care should have PAGE 5 COMPLAINT FOR MEDICAL Tel: (971) ,Fax: (971)

known, that an interview, physical examination, single troponin test and single 2 EKG cannot rule out acute coronary syndrome and/or unstable angina; 3 e) In failing to inform Plaintiff that tests

6 known, that an interview, physical examination, single troponin test and single 2 EKG cannot rule out acute coronary syndrome and/or unstable angina; 3 e) In failing to inform Plaintiff that tests were available, including angiogram and cardiac consult, together with serial enzyme and troponin tests, and serial 5 EKGs, that could be used to rule out acute coronary syndrome and/or unstable 6 angina and that they were available at the clinic or at the Emergency 7 8 Department; 9 0 In failing to secure a cardiac consult when he knew or should have known that 10 Plaintiffs symptoms were consistent with unstable angina and/or coronary 11 syndrome; 15 g) In failing to recognize that the patient s history was that of unstable angina and /or coronary syndrome until proven otherwise, which needed to be ruled out.. 17 Defendant Rhode s conduct fell below the standard of care of a reasonable and 18 prudent physician under the same or similar circumstances on July 28, 20, in the 19 following particulars: 20 a. In failing to recognize and diagnose, based upon her current examination and 22 prior examinations and history, that on May, 20 and July 28, Plaintiff was suffering from signs and symptoms of unstable angina and/or acute coronary syndrome and needed to be treated immediately for this condition; PAGE 6 COMPLAINT FOR MEDICAL NEGLIGENCE/ LOSS OF Tel: (971) / Fax: (971)

7 b. In failing to refer Plaintiff to the Emergency Department of St. Charles 2 Medical Center for evaluation and observation of her symptoms, where, in all 3 reasonable probability, she would have been admitted, would have received the appropriate medical testing to rule out acute coronary syndrome and/or 5 unstable angina and would have received appropriate interventional cardiac 6 7 care, provocative testing looking for high grade stenosis and/or additional 8 definitive testing such as an angiogram, together with potential heart 9 catheterization and stenting; 10 c. In sending Plaintiff home without adequately ruling out acute coronary 11 syndrome and/or unstable angina, when she knew or in the exercise of reasonable care should have known, that under the facts and history presented, Plaintiff was at high risk for having acute coronary syndrome and/or unstable 15 angina, and that failure to rule out this condition placed Plaintiff at high risk for myocardial infarction, cardiac arrest and death; 17 d. In failing to secure a cardiac consult when she knew or should have known 18 that Plaintiffs intermittent symptoms and history were consistent with 19 unstable angina and/or acute coronary syndrome; e. In failing to recognize that the patient s history was that of unstable angina and/or acute coronary syndrome until proven otherwise, which needed to be ruled out. /// PAGE 7 COMPLAINT FOR MEDICAL Kuegli Fraser PC 101 SW Main, Suite 1900 Tel: (971) / Fax: (971)

15. 2 As a direct and proximate result of the negligence of the Defendants, Plaintiff suffered a cardiac arrest causing severe and permanent damage to her heart muscle, a reduced life expectancy,

8 15. 2 As a direct and proximate result of the negligence of the Defendants, Plaintiff suffered a cardiac arrest causing severe and permanent damage to her heart muscle, a reduced life expectancy, pain, suffering, disability, depression, anxiety, extreme emotional distress, severe fear of imminent death from cardiac arrest, an inability to engage in any activity without extreme exhaustion, interference with the love and physical intimate relationship with her husband, Brent Harding, and a severe and permanent interference with her family and daily life, all to her non-economic damage in 10 the amount of $5,000, As a direct and proximate result of the negligence of the Defendants, Plaintiff has sustained damages for past medical bills and costs of related services in the approximate amount of $750,000. Plaintiff is no longer able to work due to extreme fatigue, will be required to have medical care for her heart injury and related expenses in the future, including a potential heart transplant, heart pump, cardiac care and potential nursing home care, and a severe reduction in life expectancy, all to her economic damage in the amount of $2,500,000. SECOND CLAIM FOR RELIEF (LOSS OF OF BRENT HARDING) Plaintiff Brent Harding re-alleges the allegations in paragraphs Plaintiff Brent Harding has been married to Plaintiff Shelley Harding for 28 years. As a result of the negligence and conduct of the Defendants, which caused severe permanent injunes to his wife, Plaintiff Shelley Harding, Brent Harding has sustained the..... loss of physical love, emotional and physical society and companionship of his wife, PAGE 8 COMPLAINT FOR MEDICAL Tel: (971) / Fax: (971)

including the reduced life expectancy of his wife, all to his non-economic damages in the 2 amount of $500,000.

Non-economic loss for Shelley Harding in the amount of $5,000,000; 6 3. Non-economic loss for Brent Harding in the amount of $500,000; 7 4.

9 including the reduced life expectancy of his wife, all to his non-economic damages in the 2 amount of $500, WHEREFORE, Plaintiffs pray for judgment against the Defendants as follows: 1. Economic loss for Shelley Harding in the amount of $3,0,000; 2. Non-economic loss for Shelley Harding in the amount of $5,000,000; 6 3. Non-economic loss for Brent Harding in the amount of $500,000; 7 4. Plaintiffs court costs and disbursements incurred herein DATED this day of Febman, HUEGLI FRASER PC By: %% //c//tc fl%iesd. 4egli, OB No Todd J. Fluegli, &B No Attorneys for Plaintiff PAGE 9 COMPLAINT FOR MEDICAL 101 Sw Main, Suite 1900 Tel: (971) &8877/Fax: (971) O

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) GENERAL JURISDICTION AND COMMON FACTUAL ALLEGATIONS

Phillip C. Gilbert, OSB No. rd S.E. Avenue Suite A Gresham, Oregon 00-1 Phone: (0-00 Fax: (0-01 pgilbert@teleport.com IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH DAWN D. JOHNSON