31. Defendants, _____________, directly and through its

actual and apparent agents, servants and/or employees, including, but not limited to the nurses and house officer who cared for the minor Plaintiff, violated their duty and were negligent in the following ways, among others:

A. They failed to properly assess the condition of the infant; B. They failed to recognize and appreciate the signs and

symptoms of a potentially serious illness;

C. They failed to properly investigate the cause of the infant’s

condition;

WHEREFORE, Plaintiffs, _____________ and _____________, respectfully demand that judgment be entered in favor of the Plaintiffs and against the Defendants, jointly and severally, in a sum of more than Twenty-Five Thousand Dollars ($25,000.00), together with a taxing of all court costs and litigation expenses (including attorney fees) against the defendants, jointly and severally, all with interest thereon at the maximum rate allowable by law from the earliest date possible.

JURY DEMAND

The Plaintiffs respectfully demand a trial by jury in this action.

Respectfully submitted,

rate was in the 160’s and his respiratory rate was in the 80’s. _____________’s extremities were rigid and he was grunting on respiration. Despite these findings, no physician was called to evaluate _____________ at this time, thus no medical evaluation was done and no diagnostic studies were ordered.

16. At 9:00 a.m., _____________ was noted to continue to cry inconsolably.

Defendant Dr. _____________ was updated concerning _____________’s condition but simply ordered saline drops for congestion instead of any diagnostic studies.

17. Dr. _____________ circumcised _____________ at about 9:30 a.m. Thereafter, Dr.

_____________ performed a discharge examination of _____________, determined he had a normal exam and wrote orders for _____________ to be discharged at 48 hours of age.

18. By 10:40 a.m., _____________ had not been fed for approximately 7 hours

and 40 minutes due to the circumcision. Despite this long period of time, _____________ had to be aroused from sleep in order for the nurses to try and get _____________ to latch onto his mom’s breast for feeding. _____________ exhibited no rooting or sucking response and continued to cry. _____________ kept his arms at his sides and his movements were not organized.

19. Apparently, Dr. _____________ was notified concerning these findings but

did not examine the baby. Instead, the hospital’s house officer saw _____________ but gave no orders to evaluate the etiology of _____________’s worrisome signs and symptoms.

20. By 6:00 p.m., _____________ had been crying for one hour and was

unconsolable. He was given formula but was unable to suck.

29. In their care and treatment of _____________, Defendants owed a

duty to exercise that degree of care and skill which reasonably competent similar health care providers would have exercised in the same or similar circumstances.

30. Defendants, _____________, and _____________, through the conduct of _____________, violated that duty and was negligent in the following ways, among others, in that Dr. _____________:

A. Failed to properly assess the condition of the infant B. Failed to recognize and appreciate the signs and

symptoms of a potentially serious illness;

C. Failed to properly investigate the cause of the infant’s

condition;

D. Failed to properly monitor the infant;

E. Failed to diagnose the infant’s infectious process;

F. Failed to properly treat the infant; and

G. Failed in other ways to manage Plaintiff’s condition in an appropriate manner.

IN THE COURT OF COMMON PLEAS

MIAMI COUNTY, OHIO

_____________ a minor *

by his parents and next friends

_____________ *

* COMPLAINT

and *

_____________ *

*

and *

_____________, Individually * JURY DEMAND ENDORSED

*

and *

* JUDGE

Plaintiffs *

v. *

_____________ *

*

and

*

_____________

*

and

*

_____________

*

*

Defendants *

* * * * * * * * * * * *

13. Dr. _____________ examined _____________ at about 8:45 a.m. and determined that

his examination was normal.

14. The next morning, on ____________, at about 6:00 a.m., the nurses

noted that _____________’s stomach was distended and he was having slight retractions. The charge nurse was notified of these findings.

15. Around 7:20 a.m., _____________ was placed on a monitor where his heart

D. NEGLIGENCE

(ON BEHALF OF _____________)

28. Plaintiffs incorporate herein by reference thereto the averments contained in paragraphs 1-27 as though same were fully set forth herein.

29. As a further direct and proximate cause of the negligence of the Defendants, Plaintiff, _____________, has expended and will continue to expend in the future, tremendous effort and large sums of money for the extraordinary medical and

WHEREFORE, Plaintiff, _____________, individually, sues and demands judgment against Defendants, _____________, _____________, and Obstetrics-Gynecology Associates, Inc., jointly and severally, on the above and foregoing grounds, for compensatory damages in an amount in excess of $75,000.00, exclusive of interest and costs, which will be sufficient to compensate Plaintiff for her damages as described herein, all to be determined by a jury; and Plaintiff sues for punitive damages in such amount as the jury determines to be sufficient to punish Defendants for their reckless and wanton conduct described herein, to deter them from engaging in such conduct in the future, to make examples of Defendants for such conduct and deter others from engaging in the same or similar activities, and to reward Plaintiff for public service in bringing wrongdoers to justice; and for all costs of this action, together with prejudgment interest from the date of occurrence and post judgment interest.

Respectfully submitted,

_____________, a minor, by and through her Guardian ad litem, _____________, and _____________, individually

C. NEGLIGENCE

(ON BEHALF OF _____________)

20. Plaintiffs incorporate herein by reference thereto the averments contained in paragraphs 1-19 as though same were fully set forth herein.

21. Defendant, _____________, is liable for the acts and omissions of its actual and/or apparent agents, servants, and/or employees during the care and treatment of _____________ and her fetus/baby under the doctrines of respondeat superior and/or apparent agency.

22. Defendant, _____________, is liable for the acts and omissions of Defendant, _____________, during his care and treatment of _____________ and her fetus/baby under the doctrine of respondeat superior and/or apparent agency.

23. Defendants, directly and/or through their respective actual and/or apparent agents, servants and employees, owed Plaintiffs, _____________ and _____________, the duty to exercise that degree of care and skill which like health care providers would have exercised in meeting the standards of care applicable to each under the same or similar circumstances.

a) Cerebral palsy and other severe and permanent neurologic damage including, but not limited to, impairment of her cognitive, language, social, fine motor, and gross motor skills;

b) Expressive and receptive communication disorders and delays;

c) Significant physical limitations;

d) Pain and suffering;

e) Inconvenience and discomfort;

f) Embarrassment and humiliation;

g) Diminished enjoyment and quality of life; and,

h) Loss of earnings and diminished earning capacity.

27. As a further direct and proximate result of the negligence of Defendants, _____________, a minor, has required and will continue to require medical, hospital, nursing, custodial, attendant, rehabilitative and related care, various types of therapies, pharmaceutical care, and specialized equipment, for which sums of money have been expended in the past and will continue to be expended in the future.

B. STATEMENT OF FACTS GIVING RISE

TO PLAINTIFFS’ CAUSE OF ACTION

8. Sometime during the month of September and/or October _____________ became pregnant with her first child, _____________, with an estimated delivery date of ___________________

9. Prenatally, Ms. _____________ sought and obtained prenatal care, which

was essentially unremarkable.

10. On ____________, at approximately 10:00 a.m., Ms. _____________ was admitted to _____________, with complaints of regular contractions. Thereupon, she came under the care of Defendant, _____________, and Defendant, _____________, and its actual and/or apparent agents, servants and employees. At the time, Ms. _____________ was 38 weeks pregnant.

11. At approximately 10:35 a.m., Defendant, _____________, noted the existence of a hypertonic pattern, and that an abruption was “considered.” That assessment, however, was erroneously ruled out.

12. Initially, Ms. _____________’s labor progressed, with contractions every minute. At approximately 10:15 a.m., however, the fetal heart rate began to decelerate to 80-90 beats per minute, with occasional episodes as low as 70 beats per minute.

19. Had Defendants adhered to the applicable standards of care, _____________ would have been delivered safely and without injuries, and the aforementioned injuries would have been avoided.

IN THE CIRCUIT COURT OF LEE COUNTY, MISSISSIPPI

_____________, a minor, PLAINTIFFS

by her Guardian ad litem,

_____________ and

_____________, individually

v. Cause No.:

DEFENDANTS

_____________, and

COMPLAINT

JURY TRIAL REQUESTED

Plaintiffs, _____________, a minor, by and through her Guardian ad litem, _____________, and _____________, individually, by and through their undersigned attorneys, file this Complaint against Defendants and for cause would show unto the Court the following:

A. THE PARTIES

1. Minor Plaintiff, _____________ (hereinafter “_____________”), a

citizen of the State of Mississippi, appears through her mother, natural guardian and duly appointed guardian ad litem, _____________.

2. Plaintiff, _____________, a citizen of the State of Mississippi,

appears individually and as the biological mother, natural guardian and duly appointed guardian ad litem of _____________.

7. At all relevant times, Defendant, Associates, held itself out to the public as a competent provider of obstetrical and gynecological care, and provided such services through its actual and/or apparent agents, servants and employees who, at all relevant times, acted within the scope of their agency or employment.

31. Plaintiff incorporates the allegations set forth in paragraphs one through 30 of this Complaint as though fully set forth herein, and states further that the requirements of Civil Rule 10, as amended, effective July 5, 2005, are unconstitutional and are in violation of the Ohio and Federal Constitutions on the basis of equal protection under the law and due process, and impose an undue burden on the class of plaintiffs bringing medical claims in the State of Ohio.

WHEREFORE, Plaintiff demands judgment against the Defendants, individually and/or jointly and severally and/or concurrently, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) for each cause of action alleged.

JURY DEMAND

The Plaintiffs respectfully demand a trial by jury in this action.

Respectfully submitted,

COUNT ONE - NEGLIGENCE

24. Plaintiff incorporates by reference herein all of the facts and

allegations contained in paragraphs one through 23 of the Complaint as if fully set forth herein and further allege as follows:

25. In their care and treatment of _________________________ and her fetus, the minor Plaintiff, _________________________, Defendants owed a duty to exercise that degree of care and skill,

which reasonably competent similar health care providers would have exercised in the same or similar circumstances.

26. Defendant, _________________________, violated that duty and was negligent in the following ways, among others:

A. He failed to properly assess _________________________’s blood condition in a timely manner;

B. He failed to properly treat _________________________’s Rh negative status

and take appropriate steps to prevent the development of her becoming sensitized in a timely manner;

C. He failed to recognize and appreciate the seriousness of

_________________________’s hematological condition in a timely manner;

D. He failed to properly monitor and test _________________________’s blood values during her 2000 pregnancy; and

E. He failed in other ways to manage _________________________’s condition in an appropriate manner in order to avoid preventable injury to her fetus.

27. Defendant, _________________________, through its actual and apparent agents, servants and/or employees, including _________________________, violated its duty and was negligent in the following ways, among others:

H. Diminished enjoyment and quality of life; and

I. Loss of earnings and diminished earning capacity.

29. As a further direct and proximate result of the aforesaid negligence of the Defendants, _________________________ has required and will continue to require substantial medical, nursing and related care; various types of therapies such as physical, occupational, speech, rehabilitative, and pharmaceutical; and other care including specialized devices, equipment, transportation and housing for which significant sums of money have been and will continue to be expended, in the past, present and future.

30. An Affidavit of Merit by _______________, M.D., is attached as required by Civil Rule 10, attesting to the fact that Dr. _____________ believes that the Defendants deviated from the standards of care in their management of this pregnancy that resulted in _________________________, sustaining a brain injury.

WHEREFORE, the minor Plaintiff, _________________________, by and through his mother and next friend, _________________________, respectfully demands that judgment be entered in favor of the Plaintiff and against the Defendants, jointly and severally, in a sum of more than Twenty-Five Thousand Dollars ($25,000.00), together with a taxing of all court costs and litigation expenses (including attorney fees) all with interest thereon at the maximum rate allowable by law from the earliest date possible.

8. On or about _________________________ presented to the _________________________ when she was approximately eight weeks pregnant. Blood taken for testing that visit indicated that _________________________’s blood was type O, Rh negative. The significance of this finding was that if her baby’s blood was Rh positive, she would be making antibodies to her own baby, which could be problematic for the baby and for any future pregnancies.

9. The pregnancy continued uneventfully until approximately ________________, when _________________________ had an episode of vaginal bleeding prompting her to go to the hospital for evaluation. An ultrasound was performed and everything appeared fine with the pregnancy.

10. On or about _________________, another episode of vaginal bleeding occurred when _________________________ was approximately 21 weeks pregnant. _________________________ returned to the emergency room for evaluation and once again, everything appeared fine.

11. During that ER visit, _________________________’s blood type was checked again and it revealed that not only was she O negative, but the antibody screen was negative, indicating that as of that time she had not been sensitized to Rh positive antigens.

12. As a precaution, however, _________________________ was given Rhogam due to the vaginal bleeding to prevent the sensitization from occurring and then sent home. (Rhogam is a medication given to Rh negative mothers, who potentially are carrying an Rh positive baby, so that the mother does not become sensitized and make antibodies to her own baby. If antibodies are made, that could be harmful to the baby she is carrying as well as any future pregnancies).

13. Thereafter, the pregnancy continued uneventfully. Given these circumstances, when _________________________ reached 28 weeks gestation, the standard of care dictated that she undergo further testing to check for Rh sensitization and to administer Rhogam if she was indeed sensitized. (In fact, there is a preprinted form for prenatal care that has a reminder box for the 28-week testing).

14. The medical records indicate that _________________________ was not tested at 28 weeks and that Rhogam was not administered then in violation of the applicable standard of care. (The prophylactic Rhogam administered to _________________________ at 21 weeks gestation would not be sufficient to prevent _________________________ from becoming sensitized through the end of the pregnancy. Moreover, if Rhogam was not going to be administered at 28 weeks, a repeat Rhogam injection should have been given approximately 12 weeks after the first dose in other words at 33 weeks, and that would have protected _________________________ from becoming sensitized).

15. The lack of appropriate Rhogam coverage directly led to _________________________ becoming sensitized. Consequently, all of her future pregnancies will be considered high risk, as there is a chance of damage and death to future babies born.

16. On or about April 27, 2001, _____________ delivered her baby without complications.

17. Before the customary dose of Rhogam was to be given after the delivery, _________________________ once again had an antibody screen. This time, however, she was found to be very strongly positive for the Rh antigen. In other words, _________________________ became sensitized sometime between the negative test of December 11, 2000, and the positive test of April 20, 2001. _________________________ never would have become sensitized had the Defendants adhered to the standard of care and timely given Rhogam.

18. _________________________ became pregnant again in 2001, and through careful management of the pregnancy including serial amniocentesis, (obtaining fluid samples from the amniotic sac to conduct laboratory studies to assess for fetal well- being) a healthy baby was born.

19. _________________________ became pregnant another time in 2003. Unfortunately, this pregnancy did not go so well. Due to _______________________’s Rh sensitization, serial intrauterine blood transfusions had to be performed periodically throughout the pregnancy in order to address the Rh issues to ensure fetal well-being.

20. The last transfusion was on January 13, 2004, when _____________________ was at 32 weeks gestation. During the procedure, apparently the needle hit the umbilical cord causing a severe drop in the baby’s heart rate. An emergency cesarean section ensued, but despite this, baby _________________________, sustained a severe brain injury due to lack of oxygen to the brain and prematurity.

21. The pathologist found a fresh perivascular hemorrhage when examining the placenta and umbilical cord.

22. Had _________________________ never been sensitized, none of her subsequent pregnancies would have required serial transfusions, and any complications from those transfusions would have been avoided as well.

23. In this case, had the Defendants adhered to the standard of care, more likely than not, _________________________’s brain injury would have been avoided.