PLAINTIFFS’ COMPLAINT FOR DAMAGES

Nature of the Action

1.This is a medical malpractice action based upon allegations of professional negligence, arising out of medical treatment of Stefan Lane at Emory Johns Creek Hospital in the period December 14-22, 2017.

2. Pursuant to OCGA § 9-11-9.1, the Affidavits of Katherine Rose Plitnick, RN, Hiren Shah, MD, and Derek Riebau, MD, are attached hereto as Exhibits 1-3. This Complaint incorporates the opinions and factual allegations contained in those affidavits.

3. As used in this Complaint, the phrase “standard of care” means that degree of care and skill ordinarily employed by the medical profession generally under similar conditions and like circumstances as pertained to the Defendant's actions under discussion.

Parties, Jurisdiction, and Venue

4. Plaintiffs Stefan Lane and Janet Lane are Georgia citizens residing in Fulton County and are subject to the jurisdiction and venue of this Court. Stefan and Janet are married.

5. Defendant Emory Healthcare, Inc. (Emory Healthcare), is a Domestic corporation which may be served through its registered agent Amy Adelman at 1380 S. Oxford Road, 401 Administration Building, Emory University, Atlanta, GA, 30322 in DeKalb County.

6. Pursuant to OCGA 14-2-510, Emory Healthcare is subject to the venue of this Court, because its registered office is located in DeKalb County.

7. Defendant Emory Physicians Group, L.L.C., (Emory Physicians), is a domestic corporation which may be served through its registered agent Amy Adelman at 1380 S. Oxford Road, 401 Administration Building, Emory University, Atlanta, GA, 30322 in DeKalb County.

8. Pursuant to OCGA 14-2-510, Emory Physicians is subject to the venue of this Court, because its registered office is located in DeKalb County.

9. Defendants “Principals of the Individual Defendants 1-5” include each corporate entity that, in December 2017, served as the principal in an agency relationship with (a) any of the individual Defendants named in this Complaint or with (b) any of the unnamed nurses referenced in Count 2. Plaintiffs believe Emory Healthcare and Emory Physicians are those Principals. However, if any other entity was such a Principal, each such entity will receive notice of this lawsuit through their employees or agents. (Such notice will presumably occur as a matter of course, because each individual defendant will be defended by lawyers provided by the employer’s liability insurance company.) Each unnamed Principal is hereby on notice that but for a mistake concerning the identity of the proper party, the action would have been brought against it.

10. Defendant Abrar Chaudhry, MD, acted as an employee of either Emory Healthcare or Emory Physicians. Dr. Chaudhry resides at 325 Treyford Court, Alpharetta, Georgia 300005-2504, in Fulton County. Dr. Chaudhry is subject to venue in DeKalb County pursuant to OCGA 9-10-31.

11. Defendant Ryan A. Marten, MD, acted as an employee of either Emory or Physicians Group. Dr. Marten resides at 3861 Paces Lookout Drive SE, Atlanta, Georgia 30339-4013 in Cobb County. Dr. Marten is subject to venue in DeKalb County pursuant to OCGA 9-10-31.

12. Defendant Bryan Mays, RN, acted as an employee of Emory. Nurse Mays resides in Fulton County, Georgia at 150 Overhill Point, Alpharetta, GA 30005-8970. Defendant Mays is subject to venue in DeKalb County pursuant to OCGA 9-10-31.

13. Defendant Charice Jordan, PA-C, acted as an employee of either Emory or Physicians Group. PA Jordan resides at 586 Vintage Pointe Run, Mableton, Georgia 31026-7211 in Cobb County. PA Jordan is subject to venue in DeKalb County pursuant to OCGA 9-10-31.

14. Defendant Mahmoud Obideen, MD, acted as an employee of either Emory or Physicians Group. Dr. Obideen resides at 4345 Park Brooke Terrace, Alpharetta, Georgia 30022-3415 in Fulton County. Dr. Obideen is subject to venue in DeKalb County pursuant to OCGA 9-10-31.

15. We refer to Abrar Chaudhry, MD, Ryan A. Marten, MD, Bryan Lee Mays, RN, Charice Jordan, PA-C, and Mahmoud Obideen, MD collectively as the “Individual Defendants.”

16. Defendants John/Jane Doe 1-5 are those yet unidentified individuals and/or entities who may be liable, in whole or part, for the damages alleged herein. Once served with process, John/Jane Doe 1-5 are subject to the jurisdiction and venue of this Court.

17. This Court has subject matter jurisdiction, and venue is proper as to all Defendants in this Court.

Facts

18. This Complaint incorporates and relies upon the information contained in the attached affidavits of Derek Riebau, MD, Hiren Shan, MD, and Katherine Rose Plitnick, RN.

19. All times stated in this Complaint are approximate.

20. On 12/14/17 at 2130 hours, Stefan Lane developed the new onset of left sided neurological symptoms at home.

21. At 2236 hrs, Mr. Lane was triaged at the ER at Emory Johns Creek Hospital. A stroke alert was called, but Mr. Lane was not seen by a neurologist.

22. By 2255 hrs on December 14, Mr. Lane’s left sided neurological

symptoms returned to normal. He was noted as having an NIH stroke score of zero.

23. This marked the end of Mr. Lane’s first transient ischemic attack (TIA) on this hospital visit.

24. On December 14 at 2319 hrs, a CT scan of Mr. Lane’s head was interpreted as normal.

25. At 2330 hrs, Mr. Lane began a second TIA, with symptoms of left arm weakness, difficulty speaking, and bilateral facial numbness. Those symptoms selfresolved, and within an hour — when hospital staff first noted the symptoms — the symptoms were minimal.

26. This marked the end, or at least the near-end, of Mr. Lane’s second TIA.

27. On December 15 at 0014 hrs, Mr. Lane was admitted for observation by a hospitalist.

28. On December 15 at 0017 hrs, hospitalist Dr. Abrar Chaudhry ordered an MRI of Mr. Lane’s brain.

29. On December 15 at 0028 hrs, Dr. Chaudhry ordered neurological monitoring of Mr. Lane every four hours, with a stroke score every 12 hours.

30. Since the TPA window is 4.5 hours, neurological monitoring every 4 hours is inadequate to protect the patient by allowing for administration of TPA within the 4.5 hour window.

31. The standard of care required Dr. Chaudhry to order neurological monitoring at intervals of no more than two hours.

32. Furthermore, it appears from the records that the nursing staff did not implement Dr. Chaudhry’s every-four-hours monitoring order for another 16 hours. Thus it appears that Dr. Chaudhry did not follow up on the findings of the monitoring order.

33. The standard of car required Dr. Chaudhry to follow up on Mr. Lane’s condition enough to know whether his monitoring order was being followed and to take corrective action upon learning his order was not followed.

34. The standard of care required the nurses involved in Mr. Lane’s treatment to follow Dr. Chaudhry’s order for neurological monitoring.

35. At 0132 hrs, Dr. Chaudhry took a History and Physical, noting that Mr. Lane’s NIH stroke score was zero and that Mr. Lane “currently does not have any symptoms.” This means the TPA window was open as of then.

36. On December 15 at 0530 hrs, Mr. Lane suffered a third TIA. At that time, Nurse Akovi A. Ajavon noted, “Pt with c/o not feeling good. Weakness noted to left side. Pt unable to lift left arm or leg. Weak grip to left hand. MD notified. MD wants MRI brain stat. Will continue to monitor.”

37. It appears that Dr. Chaudhry was the doctor mentioned in Nurse Ajavon’s note, because Dr. Chaudhry was treating Mr. Lane both before and after that 0530 hrs note.

38. At approximately 0707 hrs, the previously ordered brain MRI was performed, and a radiologist then interpreted Mr. Lane’s Brain MRI as normal.

39. From the records, it appears that Dr. Chaudhry did nothing to treat Mr. Lane for stroke, or to obtain a neurology consultation, despite Mr. Lane having suffered three TIA’s within a period of eight hours.

40. When Dr. Chaudhry learned Mr. Lane was suffering another CVA, the standard of care required Dr. Chaudhry either to administer TPA therapy or to obtain an urgent neurology consultation.

41. Later that day, December 15, 2017, at 1358 hrs, Dr. Ryan A. Marten ordered a consultation with neurologist Dr. Mahmoud Obideen. “Reason for consult: TIA.”

42. Mr. Lane needed an urgent neurology consultation.

43. Dr. Marten indicated no urgency for the consultation. Dr. Obideen would not arrive for several hours.

44. The standard of care required Dr. Marten to speak to Dr. Obideen and explain the circumstances.

45. At 1652 hrs, Nurse Michael A. Kelly performed a neurological exam of Mr. Lane. The exam results were normal. This was the first neurological assessment of Mr. Lane, since Dr. Chaudhry ordered such assessments 16 hours earlier (at 12/15, 0028 hrs).

46. At 2008 hours, Nurse Bryan Mays performed a neurological exam of Mr. Lane. The exam results were normal. This means the window for TPA therapy was open. That is, should Mr. Lane suffer another cerebrovascular accident (CVA), TPA therapy would be appropriate for him.

47. At 2043 hrs, the hospital staff noted Mr. Lane had developed an extreme headache with hypertension.

48. A sudden, severe headache can be associated with a stroke.

49. At 2120 hrs, Nurse Bryan Mays noted Mr. Lane had extremely high blood pressure — 202/116.

50. Very high blood pressure can be associated with a stroke.

51. Nurse Mays administered IV hydralazine for Mr. Lane’s blood pressure and noted that he would recheck the blood pressure in an hour.

52. Nurse Mays did not recognize that Mr. Lane’s headache and blood pressure — particularly with two prior TIA’s in the last 24 hours — likely indicated an impending or incipient stroke and required urgent attention by a physician.

53. The standard of care required Nurse Mays to call a physician or to call a stroke alert.

54. Nurse Mays neither called a physician nor called a stroke alert.

55. Mr. Lane received no care for a stroke until an hour later, at 2222 hrs, when Dr. Chaudhry ordered a CT of Mr. Lane’s head stat because of the headache.

56. At 2149 hrs, PA-C Charice Jordan administered Fioricet to Mr. Lane. Fioricet is a medication for muscle tension headaches.

57. PA Jordan thus was aware, or should have been aware, that a patient with at least three TIAs in an 8-hour period was suffering a sudden, severe headache and extremely high blood pressure.

58. The standard of care required PA Jordan either to call a physician or to call a stroke alert.

59. PA Jordan neither called a physician nor called a stroke alert.

60. At 2259, neurologist Dr. Mahmoud Obideen ordered CTAs of Mr. Lane’s head and neck, and an MRI of Mr. Lane’s brain. Dr. Obideen ordered all three studies routine, with no urgency.

61. The standard of care required Dr. Obideen to order all three imaging studies stat.

62. The MRI did not get done until about two days later.

63. At 2302 hrs, Dr. Obideen examined Mr. Lane. He noted Mr. Lane’s NIH stroke score as 7. Dr. Obideen noted that Mr. Lane had severe weakness in his left arm and leg, but that when Dr. Obideen held Mr. Lane’s arm up in bed, Mr. Lane could hold it up to prevent his hand hitting his face. Dr. Obideen noted his “high suspicion” of conversion disorder.

64. Neither Dr. Chaudhry nor Dr. Marten told Dr. Obideen that the TPA window was open — since Mr. Lane’s neurological assessment was normal at least as recently as 2008 hrs. Indeed, on Dr. Obideen’s account, Dr. Marten affirmatively misstated the facts concerning the TPA window.

65. In his treatment note for that examination, Dr. Obideen did not discuss whether TPA would be appropriate for Mr. Lane. The record does not indicate that Dr. Obideen considered TPA or looked at Mr. Lane’s medical chart to see whether the TPA window was open.

66. In fact, the TPA window was open, and Mr. Lane should have been given TPA therapy. If he had, he likely would not have suffered the long-term effects of the stroke, which he now suffers.

67. The standard of care required Dr. Obideen to review Mr. Lane’s medical chart and thereby to learn that the window for TPA therapy was open.

68. The standard of care required Dr. Obideen to provide TPA therapy urgently.

69. The standard of care required Dr. Obideen to refrain from allowing a potential conversion disorder diagnosis to affect his treatment of Mr. Lane, until ruling out non-mental causes of Mr. Lane’s symptoms.

70. Mr. Lane received no treatment for the stroke that started around 2100 hrs and which he was still undergoing two hours later, at 2300 hrs, when Dr. Obideen examined him.

71. Mr. Lane received no therapy of any kind for any of the CVAs he suffered during his admission at Emory John’s Creek Hospital from December 1422, 2017.

72. When the routine MRI of Mr. Lane’s brain was finally performed two days later, it confirmed that Mr. Lane had suffered a stroke. The radiologist called Dr. Obideen on the phone, to give him the results immediately.

73. Mr. Lane was discharged from Emory on December 22, 2017, to be transferred to another hospital for acute rehabilitation. At that time, Mr. Lane remained largely unable to move his left arm or leg, had difficulty speaking and swallowing, and had suffered cognitive deficits.

Count 1 – Personal Injury to Stefan Lane from the Professional Negligence of the Individual Defendants

74. Plaintiffs incorporate by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.

75. Each of the Individual Defendants — Dr. Abrar Chaudhry, Dr. Ryan Marten, Nurse Bryan Mays, PA Charice Jordan, and Dr. Mahmoud Obideen — owed Stefan Lane a duty to exercise a reasonable degree of care and skill, namely that degree of care and skill ordinarily employed under similar conditions and like circumstances by similarly situated members of the medical profession generally (the “standard of care”).

76. As stated above and in the attached affidavits (incorporated hereby), each Individual Defendant breached his or her duty to exercise reasonable care and skill in his treatment of Stefan Lane.

77. As a direct and proximate result of the negligence of the Individual Defendants, Stefan Lane suffered serious bodily injury.

78. Stefan Lane is entitled to recover from each Individual Defendant for all damages suffered, including physical, emotional, and economic damages, as well as all other damages allowable under Georgia law.

Count 2 – Personal Injury to Stefan Lane from the Professional Negligence of unnamed nurses

79. Plaintiffs incorporate by reference, as if fully set forth herein, all the preceding paragraphs of this Complaint.

80. As stated above and in the attached affidavits (incorporated hereby), various unnamed nurses breached their duties to exercise reasonable care and skill in their treatment of Stefan Lane, by failing to implement Dr. Chaudhry’s order for neurological monitoring of Mr. Lane every four hours.

81. As a direct and proximate result of this negligence, Stefan Lane suffered serious bodily injury.

82. Stefan Lane is entitled to recover from these unnamed nurses and from their employer (believed to be Emory Healthcare) for all damages suffered, including physical, emotional, and economic damages, as well as all other damages allowable under Georgia law.

Count 3 – Loss of Consortium by Janet Lane, from the Professional Negligence of the Individual Defendants

83. Plaintiffs incorporate by reference, as if fully set forth herein, all the preceding paragraphs of this Complaint.

84. As a direct and proximate result of the negligence of the Individual Defendants, Janet Lane suffered loss of consortium deriving from injuries to her husband, Stefan Lane.

85. Janet Lane is entitled to recover from each Individual Defendant for all damages suffered, including physical, emotional, and economic damages, as well as all other damages allowable under Georgia law.

Count 4 - Vicarious Liability of Emory Healthcare, Emory Physicians, and any other Principals of the Individual Defendants

86. Plaintiffs incorporate by reference, as if fully set forth herein, all the preceding paragraphs of this Complaint.

87. At all times relevant to this Complaint, each of Emory Healthcare Inc., Emory Physicians Group, L.L.C., and any other Principals of the Individual Defendants employed one or more of the Individual Defendants or the unnamed nurses referred to in Count 2. Each of these corporate entities (collectively, the 13

“Employers”) is vicariously liable for the negligence of its employees or agents in treating or failing to treat Stefan Lane.

88. Stefan Lane and Janet Lane are entitled to recover from the

Employers for all damages Stefan or Janet suffered as a proximate result of any negligence by the Individual Defendants or the unnamed nurses referred to in Count 2.

89. Plaintiffs’ damages recoverable from Emory Healthcare and Emory Physicians include physical, emotional, and economic injuries.

Damages

90. Plaintiffs incorporate by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.

91. As a direct and proximate result of the Defendants’ individual and collective conduct, Plaintiffs are entitled to recover from Defendants reasonable compensatory damages in an amount exceeding $10,000.00 to be determined by a fair and impartial jury for all damages Plaintiffs suffered, including physical, emotional, and economic injuries.

92. WHEREFORE, Plaintiffs demand a trial by jury and judgment against the Defendants as follows:

a. Compensatory damages in an amount exceeding $10,000.00 to be determined by a fair and impartial jury;

b. All costs of this action; and

c. Such other and further relief as the Court deems just and proper.

Respectfully submitted,

/s/ Lloyd N. Bell Lloyd N. Bell Georgia Bar No. 048800 Daniel E. Holloway Georgia Bar No. 658026

BELL LAW FIRM 1201 Peachtree St. N.E., Suite 2000 Atlanta, GA 30361 (404) 249-6767 (tel) bell@BellLawFirm.com

/s/ Lawrence B. Schlachter Lawrence B. Schlachter M.D. J.D. Georgia Bar No. 001353

Schlachter Law Firm 1201 Peachtree St. N.E., Suite 2000 Atlanta, GA 30361 (770) 552-8362 (tel) larry@schlachterlaw.com

Attorneys for Plaintiffs