In the State Court of DeKalb County

State of Georgia

DAMIEN ROBINSON

                        Plaintiff,

— versus —

JAMES A. ARMSTRONG, MD,

ELIZABETH BLEAKLEY, PA,

KENNESTONE HOSPITAL, INCdoing business as “Wellstar Kennestone Hospital,” and

John/Jane Doe 1-5,

                        Defendants

Civil Action

File No. ___________

Jury Trial Demanded

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 care of Damien Robinson in March 2018, while a patient under the care of the Defendants identified above.

2.             Pursuant to OCGA § 9-11-9.1, the Affidavit of Alexander E. Merkler, MD, is attached hereto as Exhibit 1. This Complaint incorporates the opinions and factual allegations contained in that affidavit.

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.             Plaintiff, Damien Robinson, is a Georgia citizen residing in Paulding County and subject to the jurisdiction and venue of this Court.

5.             DEFENDANT JAMES A. ARMSTRONG, MD, is a North Carolina citizen.

6.             Dr. Armstrong works, and can be served, at Armstrong Neurology, P.A. at 1622 Tate Boulevard, SE, Hickory, NC 28602.

7.             Dr. Armstrong resides, and can be served, at 3957 2nd Street Dr NW, Hickory, NC 28601.

8.             Dr. Armstrong is subject to the jurisdiction of this Court, for any torts he may have committed in Georgia.

9.             Dr. Armstrong is subject to venue in this Court, pursuant to OCGA 9-10-31, because Dr. Armstrong is a joint tortfeasor with Defendant Elizabeth Bleakley, PA, who resides in Fulton County.

10.          DEFENDANT ELIZABETH BLEAKLEY, PA, is a Georgia citizen residing in DeKalb County, at 2956 Lowrance Drive, Decatur, GA 30033. She may be served with process there.

11.          In their conduct relevant to this Complaint, both Dr. Armstrong and PA Bleakley acted as employees or agents of Kennestone Hospital, Inc. doing business as “Wellstar Kennestone Hospital.”

12.          DEFENDANT KENNESTONE HOSPITAL, INC., doing business as “Wellstar Kennestone Hospital” (“Wellstar” or “Wellstar Kennestone”) is a Georgia corporation. Their principal office address and registered agent are in Cobb County.

13.          Wellstar may be served through their registered agent, Leo E. Reichert, at 793 Sawyer Road, Marietta, GA, 30062.

14.          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.

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

Facts

16.          This Complaint incorporates and relies upon the information contained in the attached affidavit of Dr. Alexander Merkler.

17.          Damien Robinson came to the Emergency Department at Wellstar Kennestone on March 6, 2108.

18.          ED doctor Richard J Kleiman saw Robinson at 1:45 AM.

19.          Robinson reported neurological symptoms beginning 6-12 hours earlier.

20.          Robinson reported chest pain and numbness in his feet followed by  weakness, including lower extremity weakness.

21.          Robinson also reported sensory loss or numbness from the middle of his chest down and urinary retention.

22.          The ED doctor ordered MRI scans of the full spine - cervical, thoracic, and lumbar - but without contrast.

23.          Contrast was necessary in order to investigate potential causes of Robinson’s weakness and numbness.

24.          The ED doctor consulted with the neurology doctor on call who relayed the information for a consult to his associate neurologist, Dr. James Armstrong.

25.          Elizabeth Bleakley, a neurology Physician Assistant, assisted Dr. Armstrong.

26.          Dr. Armstrong knew that the MRI’s had been done without contrast.

27.          Since contrast was necessary for the MRI’s to confirm or rule out potential causes of Robinson’s symptoms, the standard of care required Dr. Armstrong and/or PA Bleakley to order MRI’s of the full spine with contrast.

28.          Neither Dr. Armstrong nor PA Bleakley ordered MRI’s of the full spine with contrast.

29.          Only a lumbar MRI scan was ordered.

30.          For a patient with Robinson’s history, characteristics and symptoms, transverse myelitis was one of the most likely of only a few potential causes of rapidly progressing neurological losses in an 18 year old previously healthy man.

31.          The standard of care required Dr. Armstrong and PA Bleakley to investigate whether Robinson suffered from transverse myelitis and to treat him with high dose steroids in a timely fashion.

32.          Neither Dr. Armstrong nor PA Bleakley considered whether Robinson suffered from transverse myelitis.

33.          One rare and unlikely explanation for Robinson’s symptoms might be conversion disorder.

34.          Conversion disorder is a psychiatric problem whereby the brain manufactures what appear to be spinal, neurological symptoms but which do not arise from physical problems in the spinal cord.

35.          Conversion disorder is a diagnosis of exclusion.

36.          Conversion disorder can only be diagnosed when all physical causes have been ruled out.

37.          Premature diagnosis of conversion disorder is dangerous, because it can lead medical providers to abandon investigation and treatment of physical causes.

38.          If an incorrect conversion-disorder diagnosis is made, then a physical problem may remain untreated, leading to unnecessary harm to the patient.

39.          That’s what happened here.

40.          The standard of care required Dr. Armstrong and PA Bleakley to rule out physical causes — including transverse myelitis — before diagnosing Robinson with conversion disorder.

41.          Without ruling out physical neurological causes, PA Bleakley diagnosed Robinson with conversion disorder.

42.          Without ruling out physical neurological causes, Dr. Armstrong diagnosed Robinson with conversion disorder.

43.          PA Bleakley and Dr. Armstrong abandoned investigation of physical causes of Robinson’s symptoms.

44.          Robinson in fact had transverse myelitis.

45.          Robinson’s transverse myelitis went untreated for days.

46.          The untreated transverse myelitis caused harm that would have been avoided by timely, diligent investigation and treatment of the transverse myelitis.

47.          Because of Dr. Armstrong’s and PA Bleakley’s failure to treat Damien Robinson in accordance with the standard of care, Robinson suffers serious, permanent physical injuries.

Count 1: Professional Negligence by Defendants Armstrong & Bleakley

48.          Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.

49.          Defendants Armstrong and Bleakley owed a duty to exercise reasonable care and skill in their treatment of Robinson.

50.          Defendants Armstrong and Bleakley owed a duty to exercise 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”). 

51.          As stated in Dr. Alexander Merkler’s affidavit, Dr. Armstrong and PA Bleakley each breached their duty to exercise reasonable care and skill in their treatment of Damien Robinson.

52.          As a direct and proximate result of the negligence of Defendant Armstrong and of Defendant Bleakley, Damien Robinson suffered serious bodily injury.  

53.          Robinson is entitled to recover from Defendant Armstrong and from Defendant Bleakley for all damages suffered, including physical, emotional, and economic damages, as well as all other damages allowable under Georgia law.   

Count 2: Vicarious Liability of Wellstar Kennestone

54.          Plaintiff incorporates by reference, as if fully set forth herein, all the preceding paragraphs of this Complaint.

55.          At all times relevant to this Complaint, in their treatment of Damien Robinson, Defendants Armstrong and Bleakley acted in the course and scope of their employment or agency with Defendant Kennestone Hospital, Inc., doing business as Wellstar Kennestone Hospital (“Wellstar”).

56.          Defendant Wellstar is vicariously liable for any negligence of Defendants Armstrong and Bleakley in their treatment of Robinson.

57.          Robinson is entitled to recover from Defendant Wellstar for all damages suffered, including physical, emotional, and economic damages, as well as all other damages allowable under Georgia law, caused by the negligence of Defendant Armstrong or Defendant Bleakley.   

Damages

58.          Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.

59.          As a direct and proximate result of the Defendants’ individual and collective conduct, Plaintiff is 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 Plaintiff suffered, including physical, emotional, and economic injuries.

60.          WHEREFORE, Plaintiff demands 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 Street NE, Suite 2000

Atlanta, GA 30361

(770) 552-8362 (tel)

larry@schlachterlaw.com

Attorneys for Plaintiff