Complaint: Vang v. St. Mary’s Health Care System, Inc., et al
First Amended Complaint
In the State Court of Athens-Clarke County
State of Georgia
TRUONG VANG Individually and as Administrator of the Estate of KANG MOUA, deceased,
Plaintiff,
— versus —
ST. MARY’S HEALTH CARE SYSTEM, INC.
ATHENS-CLARKE EMERGENCY SPECIALISTS, P.C.
TROY E JOHNSON, M.D., P.C.
TROY E. JOHNSON, MD
“ANESTHESIA CONSULTANTS OF ATHENS”
JOHN DOE ANESTHESIA STAFF
JOHN/JANE DOE 1-8,
Defendants
CIVIL ACTION
FILE NO. ST-20-CV-0293
Hon. Ethelyn N. Simpson
JURY TRIAL DEMANDED
Plaintiff’s First Amended Complaint for Damages
Nature of the Action
1. This medical malpractice, wrongful-death action arises out of medical services negligently performed on Kang Moua on August 10, 2019.
2. This First Amended Complaint incorporates all the allegations and claims stated in the original Complaint.
3. This complaint incorporates the Second Affidavit of Peter Mowschenson, MD, attached as Exhibit 1.
Nature of the Amendment
4. This complaint substitutes a “John Doe anesthesia staff” for one of the generic John Does originally included.[1]
5. This complaint also substitutes the business “Anesthesia Consultants of Athens” for one of the John Does originally included.
6. This complaint asserts a claim of professional negligence against these Defendants for failing to respond to the Code Blue called for Kang Moua.
7. This complaint also adds a claim of ordinary negligence (that is, not professional negligence) against the existing Defendant St. Mary’s Health Care System, Inc., based on the negligence of hospital management.
Parties, Jurisdiction, Venue, and Statute of Limitations
8. Defendant “Anesthesia Consultants of Athens” (“ACA”) is a business organization that advertises itself under that name at https://www.anesthesiaconsultantsofathens.com/ and provides anesthesia services at St. Mary’s Hospital in Athens, Georgia.
9. ACA is a limited liability partnership.[2]
10. The partnership is liable for the acts of each of its partners.[3]
11. Anesthesia Consultants of Athens is a single specialty anesthesiology medical group practice providing general anesthesia, obstetrical analgesia, and pain management services.
12. The group offers comprehensive Perioperative Medical Services.
13. Anesthesia Consultants of Athens has been providing anesthesia services since 1983.
14. The group provides services primarily at St. Mary's Hospital and surgery centers located in the Athens, Georgia area.
15. ACA’s mailing address is P.O. Box 7127, Athens, Georgia 30604.
16. ACA’s office address is 1165 Cedar Shoals Dr, Athens, Georgia 30605.[4]
17. ACA’s service locations include St. Mary's Hospital, 1230 Baxter Street, Athens, Georgia 30606.
18. ACA is the primary provider of anesthesia services for St. Mary’s Hospital in Athens, Georgia.
19. ACA was the principal for the anesthesiologists or anesthetists in the hospital when the Code Blue for Kang Moua was called.
20. However, if another entiy was the principal for the anesthesiologists or anesthetists in the hospital when the Code Blue for Kang Moua was called, each such entity is hereby on notice that but for a mistake concerning the identity of the proper party, the action would have been brought against it.
21. ACA has been properly served with this Complaint.
22. ACA is subject to personal jurisdiction, subject matter jurisdiction, and venue in this Court.
23. ACA has no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
24. Defendant “John Doe anesthesia staff” consists of one or more anesthesiologists or anesthetists in the hospital when the Code Blue was called for Kang Moua.
25. Defendant “John Doe anesthesia staff” is/are subject to personal jurisdiction, subject matter jurisdiction, and venue in this Court.
26. Defendant “John Doe anesthesia staff” has/have no defense to this lawsuit based on undue delay in bringing suit — whether based on the statute of limitations, the statute of repose, laches, or any similar theory.
Facts
Note: Source citations and screenshots are intended not as part of the allegations to which Defendants respond, but as ancillary aids to make it easier for the Defendants to respond to the allegations in the numbered paragraphs.
27. The hospital’s Code Blue policy provides that “Anesthesia” is part of the Code Blue team.
· St. Mary’s 942
. . .
28. The Code Blue flowsheet for Kang Moua does not indicate that an anesthesiologist or anesthetist responded to the Code Blue.
· SMH 496
29. The Code Blue flowsheet states that the Code began at 0251 hrs, and that a hospital-wide response was activated.
· SMH 496
30. Dr. Blake Kimbrell, an ENT surgeon, testified about Dr. Norris’ verbal order to call anesthesia. In that discussion, Dr. Kimbrell indicated that anesthesia would have been “in-house.”
· Kimbrell depo, pg. 61
31. Nurse Christy Jackson also testified that she recalls that an anesthesiologist is always in the hospital at night.
· Jackson depo, pg. 66
32. Nurse Jackson testified, however, that anesthesia does not always automatically respond to a Code Blue — a conflict between the hospital’s formal policy and their actual practice.
· Jackson depo, pg. 65
33. The hospital has produced a hand-written “log” indicating the Code Blue was called at 0251 hrs — but that there was some initial difficulty with the PA system.
· St. Mary’s – 3671
34. Nurse Steven Moon testified that anesthesia did not respond to the Code Blue.
35. That is consistent with the later notes by anesthesia and by Dr. Byron Norris (the on-call ENT surgeon).
36. The later note by anesthesia stated, “Called by 5th floor secretary to code blue @ 0309.”
· SMH 320
37. Similarly, Dr. Norris’ note dictated at 0554 hrs stated that anesthesia was at the bedside at some point during his bedside evacuation of the hematoma in Kang Moua’s neck.
· SMH 215
38. Anesthesia staff was in-house when the Code Blue was called.
39. Anesthesia staff failed to respond to the Code Blue.
40. No exigencies existed that would have excused anesthesia staff from responding to the Code Blue.
41. The anesthesia staff violated the standard of care by failing to respond to the Code Blue.
42. The failure of anesthesia staff to respond to the Code Blue caused harm to Kang Moua.
43. When a hospital chooses to offer a given type of inpatient surgery (and to charge facility fees for it), the hospital management has a duty to ensure that hospital personnel are prepared to properly address the known complications of the surgery.
44. That duty is all the greater concerning known complications that can kill patients or leave them catastrophically injured.
45. The particulars of how hospital management goes about fulfilling this duty may vary from hospital to hospital, situation to situation.
46. The individuals involved in meeting this duty of a hospital may include managerial staff with or without medical or nursing licensing.
47. But by whatever means hospital management chooses, the hospital must fulfill their duty to ensure that hospital personnel are prepared to properly address the known complications of the surgery — especially complications that can cause catastrophic harm.
48. The hospital in this case has not produced policies or protocols for addressing an expanding hematoma in the neck of a patient recovering from neck surgery.
49. Nurse Steven Moon — one of the first nurses to respond when Kang Moua suffered an expanding neck hematoma that caused difficulty breathing — has testified that he received no training from the hospital on how to respond to that circumstance.
50. Even today, near the two-year anniversary of the death of Kang Moua, Nurse Moon testifies that he still has received no such training from the hospital.
51. The management of St. Mary’s Hospital failed in their duty to ensure that hospital personnel are prepared to properly address the known complications of the surgery.
52. Furthermore, that failure predictably, foreseeably led to a delayed, deficient response to the hematoma in Kang Moua’s neck, which caused her to suffer profound brain injury and death.
Count 3 – Professional Negligence by Anesthesia Staff
53. Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.
54. The standard of care required anesthesia staff to respond to the Code Blue.
55. They did not.
56. Anesthesia staff violated the standard of care.
57. That violation caused harm to Kang Moua.
58. Mrs. Moua’s estate is entitled to recover from the anesthesia staff and their principal, Anesthesia Consultants of Athens (collectively, the “Anesthesia Defendants”) for the physical, emotional, and economic injuries Mrs. Moua suffered before she died, including special damages such as funeral costs and other direct financial costs, as a proximate result of the Defendants’ negligence.
59. Pursuant to OCGA Title 51, Chapter 4, Kang Moua’s wrongful death beneficiaries are entitled to recover from the Anesthesia Defendants for the value of Mrs. Moua’s life lost as a proximate result of the Defendants’ negligence.
Count 4 – Ordinary Negligence by Hospital Management[5]
60. Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.
61. Hospital managers and administrators are not licensed by the State of Georgia.
62. The management of St. Mary’s Hospital in Athens (“hospital management”) were employees or other agents of St. Mary’s Health Care System, Inc. (“SMH”).
63. Hospital management permitted thyroidectomies to be performed at the hospital.
64. SMH collected fees for thyroidectomies performed at the hospital.
65. The duty of care required hospital management to ensure that hospital staff were prepared to respond properly to known complications of a thyroidectomy.
66. Hospital management violated that duty.
67. Hospital management’s violation caused harm to Kang Moua.
68. Mrs. Moua’s estate is entitled to recover from SMH for the physical, emotional, and economic injuries, including special damages such as funeral costs and other direct financial costs, that Mrs. Moua suffered before she died, as a proximate result of the Defendants’ negligence.
69. Pursuant to OCGA Title 51, Chapter 4, Kang Moua’s wrongful death beneficiaries are entitled to recover from SMH for the value of Mrs. Moua’s life lost as a proximate result of the Defendants’ negligence.
Damages
70. Plaintiff incorporates by reference, as if fully set forth herein, all preceding paragraphs of this Complaint.
71. As a direct and proximate result of the Defendants’ 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.
72. 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.
August 10, 2021
Respectfully submitted,
/s/ 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
dan@BellLawFirm.com
Attorneys for Plaintiff
[1] See Smith v. Vencare, 238 Ga App 621 (1999) (“When there is a substitution by amendment of a ‘John Doe’ or ‘Jane Doe’ named in the original complaint for the real defendant, OCGA § 9-11-21 does not apply, and OCGA § 9-11-15(c) is applicable; therefore, leave of court is not necessary for the substitution.”).
[2] https://www.linkedin.com/in/natalie-goodson-56405572/
https://www.sba.com/ppp-funded-companies/georgia/anesthesia-consultants-of-athens-llp-184317
[3] OCHA 14-8-13. Liability of partnership for acts of partners. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of his copartners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.
[4] https://www.sba.com/ppp-funded-companies/georgia/anesthesia-consultants-of-athens-llp-184317;
http://ppprecipients.com/view.php?did=184318
https://pppwatch.com/state/GA?naics=621399
[5] A claim of negligence against hospital managers is not a claim of professional negligence subject to OCGA 9-11-9.1 or 24-7-702(c). Rather, such a claim is for ordinary negligence subject to ordinary notice pleading.