Carl W. Merton, Jr. v. Montereau, Inc. d/b/a The Chateau SNF/LTC

IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA CARL W. MERTON, JR., AS ) ADMINISTRATOR OF THE ) ESTATE OF CARL WAYNE MERTON, ) DECEASED, ) Plaintiff, ) v. ) (1) MONTEREAU, INC., d/b/a ) THE CHATEAU SNF/LTC, ) (2) SAINT FRANCIS HOSPITAL, INC., ) (3) JOSEPH M. MOORE, M.D., ) (4) ERIC M. CANADAY, D.O., ) (5) ALISHA J. JONES, M.D., ) (6) ARJUN CHANDRA, M.D., ) (7) SATISH BHADRIRAJU, M.D., ) (8) JOHN DOE, ) Defendants. PETITION Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, for his claims against Defendants Montereau, Inc. d/b/a The Chateau SNF/LTC, Saint Francis Hospital, Inc., Joseph M. Moore, M.D., Eric M. Canaday, D.O., Alisha J. Jones, M.D., Arjun Chandra, M.D., Satish Bhadriraju,M.D., and John Doe states and avers as follows: PARTIES, JURISDICTION AND VENUE 1. This is an action for medical and corporate negligence and wrongful death brought as result of the death of Carl Wayne Merton ("Mr. Merton"). 2. Mr. Merton was a resident of Tulsa, Creek County, State of Oklahoma. 3. Plaintiff Carl W. Merton, Jr., is a resident of Beggs, Okmulgee County, State of Oklahoma and appointed Administrator In the Matter of the Estate of Carl Wayne Merton, Deceased, in the District Court of Creek County. 4. Defendant Montereau, Inc. d/b/a The Chateau SNF/LTC (“Montereau”) is an Oklahoma domestic not for profit corporation. 5. Montereau holds itself out as a Life Plan Community while offering full continuum of care including assisted living, memory care, and skilled nursing in the City of Tulsa and Tulsa County. 6. Based upon information and belief, Montereau operates a skilled nursing practice and long-term care within Montereau known as The Chateau SNF/LTC. 7. Defendant Saint Francis Hospital, Inc. ("Saint Francis") is an Oklahoma domestic not for profit corporation. 8. Defendant Saint Francis provides healthcare services to the residents of the City of Tulsa, Tulsa County, and surrounding Oklahoma counties. 9. Based upon information and belief, Defendant Joseph M. Moore, M.D. ("Dr. Moore") was, at all times pertinent hereto, practicing medicine in Tulsa County. 10. Based upon information and belief, Defendant Eric M. Canaday, D.O. ("Dr. Canaday") was, at all times pertinent hereto, practicing medicine in Tulsa County. 11. Based upon information and belief, Defendant Alisha J. Jones, M.D. ("Dr. Jones") was, at all times pertinent hereto, practicing medicine in Tulsa County. 12. Based upon information and belief, Defendant Arjun Chandra, M.D. ("Dr. Chandra") was, at all times pertinent hereto, practicing medicine in Tulsa County. 13. Based upon information and belief, Defendant Satish Bhadriraju, M.D. ("Dr. Bhadriraju") was, at all times pertinent hereto, practicing medicine in Tulsa County. 14. Based upon information and belief, Defendant John Doe was, at all times pertinent hereto, a health care provider in Tulsa County and employed by Montereau. 15. All acts and omissions complained of herein occurred in the City of Tulsa, Tulsa County, State of Oklahoma. Therefore, this Court has personal and subject matter jurisdiction over the Parties and issues in this action; and venue is proper in Tulsa County. FACTUAL ALLEGATIONS 16. Paragraphs 1-15 above are repeated and incorporated as if fully set out herein. 17. Mr. Merton was admitted to Saint Francis on March 5, 2024, following a fall and left hip fracture. 18. Prior to his injury, Mr. Merton was eating on his own, mobile, with an assistance of his walker, talking and joking, and was clearly thinking. 19. Prior to Mr. Merton’s operation to repair his fractured hip, Saint Francis performed routine laboratory testing: Complete Blood Count ("CBC"), Basic Metabolic Panel ("BMP"), Comprehensive Metabolic Panel ("CMP"), ABO/RH Antibody Screening, Internal Normalized Ratio ("INR"), and Urine (clean catch, mid-stream) for urinalysis and reflex culture. 20. The CBC performed on March 5, 2024 and March 6, 2024 did not show any specific or relevant abnormalities; specifically, the White Blood Count was not elevated. Similarly, the BMP and CMP on March 5, 2024 and March 6, 2024 did not show any relevant or significant abnormalities. The INR was 1.20 and indicated by the laboratory as elevated. 21. The Urinalysis and Urine Culture, obtained on March 5, 2024, showed: • The Urinalysis ("UA") was positive for Nitrite, white blood cells ("WBC"), red blood cells ("RBC"), and trace bacteria. • The Urine Culture was positive for growth of: ○ Coagulase negative Staphylococcus (CoNS): > 100,000 CFU /ml. ○ Enterococcus faecalis: 20,000 CFU/ml. 22. At Saint Francis, appropriate antimicrobial susceptibility testing was performed on both bacterial organisms and showed those to be susceptible to the commonly and routinely tested antimicrobial agents, i.e., antibiotics. No antimicrobial resistance was detected. 23. On March 6, 2024, Mr. Merton underwent an Open/Operative Reduction and Internal Fixation (ORIF) operation at Saint Francis. 24. Mr. Merton’s surgery and immediate postoperative period, at Saint Francis, was without significant and/or noticeable complications. 25. While Mr. Merton was at Saint Francis, his medical team thought it would be best for him to conduct Physical Therapy and Occupational Therapy, as an inpatient at Montereau, and relayed this to Mr. Merton and his family. Mr. Merton and his family agreed with his medical team’s recommendation. 26. Following surgery, Mr. Merton was discharged to Montereau on March 8, 2024, for rehabilitation and continued care. Dr. Moore was the overseeing physician for Mr. Merton at Montereau. 27. At the time of discharge to Montereau, Mr. Merton was conversant and in no apparent distress. Mr. Merton was alert, and oriented to person, place, and time, with intact judgment and insight and normal affect. 28. Mr. Merton denied gastrointestinal distress. He had no dysuria with normal frequency and no urgency regarding genitourinary functions, i.e., Mr. Merton was experiencing normal, healthy urination without any signs of bladder irritation. 29. Prior to the Saint Francis admission, Mr. Merton took various maintenance medication, including, but not limited to Fluoxetine; however, that medication was changed upon his discharge to Montereau. The following new medications were added: • Melatonin • Enoxaparin • Morphine Sulfate, 15 mg, (take 0.5 tablets, i.e., 7.5 mg, by mouth every 6 hours, AS NEEDED) 30. Despite a prior positive urine culture for Enterococcus faecalis upon admission, Dr. Moore failed to adequately monitor and or note Mr. Merton for the development of a possible Urinary Tract Infection ("UTI"). 31. A few days after Mr. Merton’s admission to The Chateau SNF/LTC, Mr. Merton’s family members noticed he was no longer speaking or when he did, it did not make sense, able to walk and his tongue had changed colors and was swollen. The Merton family relayed all of Mr. Merton’s decline to Dr. Moore and The Chateau SNF/LTC’s personnel. 32. The Chateau SNF/LTC’s March 8, 2024 medication orders, for Morphine Sulfate, were entered, “oral tablet 15 mg. Give 0.5 tablet by mouth every 6 hours as needed for pain.” Within the medical record system, a warning noted for possible drug interactions: Morphine Sulfate Oral tablet 15 mg may enhance the serotonergic effect off FLUoxetine HVL Oral Tablet 60 mg. This could result in serotonin syndrome. 33. On March 9, 2024, The Chateau SNF/LTC’s record notes Mr. Merton had urinary incontinence. 34. The March 10, 2024 record, however, shows Mr. Merton did not have fecal or urinary incontinence contrary to the March 9, 2024 record. 35. On March 11, 2024, Mr. Merton was: [C]alling out for help. A nurse and aide found resident kneeling on L knee holding on to bed rail. The Nurse and aide put resident back in bed changed him and put clothes on resident then transferred to wheelchair. Resident alert and oriented to his baseline. 36. On March 12, 2024, records indicate Mr. Merton was not in pain, but records show Mr. Merton was “confused” oriented to person. The confusion was noted as being “unknown.” However, at this point, Mr. Merton’s “speech is clear.” 37. Also on March 12, 2024, Dr. Moore notes, regarding Mr. Merton’s medical records, “Extensive labs reviewed from the hospital setting.” 38. On March 13, 2024, records show Mr. Merton as: Alert and oriented x3, communicated verbally, speech is clear, is able to understand be understood when speaking. Mood is pleasant, no unwarranted behaviors witnessed. Resident’s psycho-spiritual needs are met. Resident sleeps through the night. Records show there were no significant abnormalities and the physical exam was within normal limits. 39. On March 14, 2024, The Chateau SNF/LTC’s record shows an ordering, collection and resulting of laboratory testing, specifically the CBC and the CMP. Records further show a fall occurred at 9:35 p.m. with the following: CMA found resident sitting on the floor beside his bed after he was calling out ‘hello, hey’ and she responded to check on him. He was sitting on his buttocks . . . He did state that his L knee hurts . . . After exam, he was assisted back into bed. Bed was placed against the wall on one side and bolsters . . . were placed underneath fitted sheet on the side that is not against the wall . . . 40. Dr. Moore’s March 14, 2024 records state the contributing factor to the fall was Mr. Merton was not using a cane/walker as instructed and he was not, “wearing oxygen as prescribed at time of fall.” 41. Dr. Moore goes on to say, also on the March 14, 2024, Mr. Merton was wearing incontinence supplies at time of fall. 42. The March 14, 2024 record notes two skin issues: redness and location around the buttocks and the second is where the surgical wound is, needs reviewing. 43. On March 14, 2024, Mr. Merton’s mental status was noted as being confused and disoriented and requiring cues. This record now states, “Resident continent of bladder. Urine clear and yellow. Denies urinary complaints.” 44. On March 15, 2024, Mr. Merton was noted as being alert, communicated verbally with clear speech; he was found to be able to understand, be understood when speaking. 45. On March 16, 2024, records show, “Resident is disorientated. Resident is confused. Resident requires cues.” Mr. Merton’s genitourinary system was noted as, “Resident is incontinent of urine. Resident uses adult briefs.” 46. As it currently appears, Montereau shows no record for Mr. Merton on March 17, 2024. However, prior produced documents (“Prior Documents”) show the contrary.1 1 Plaintiff respectfully states there is a records discrepancy from when Mr. Carl Merton, Jr. requested and received his father’s medical records and when the undersigned requested and received records. The obvious is counsel’s records are rather voluminous compared to when Mr. Merton, Jr. received his set. Again, as it appears, the March 17, 2024, The Chateau SNF/LTC, records do not have the Lab Results Report, ordered by Dr. Moore, sent and analyzed by the Saint Francis Laboratory, a non-named party, but is affiliated with Saint Francis Hospital. 47. On March 18, 2024, Mr. Merton was found to be disoriented, confused, and inattentive. The medical records say: Nurse observed resident’s skin significantly thin and fragile, resident has multiple bruises bilaterally on upper extremities in multiple different stages of healing. Left upper posterior shoulder had a small abrasion, and resident’s sacrum is red r/t frequent loose bowel movements . . . Spoke with Nettie. Informed her about allegation of abuse. 48. On March 18, 2024, Dr. Moore ordered a urinalysis and urine culture. However, Dr. Moore entered an incorrect date of birth for Mr. Merton on the requisition, causing an unnecessary delay in processing the urine sample. The date of birth entered was August 16, 1938 instead of August 17, 1938, Mr. Merton’s correct date of birth. 49. On March 19, 2024, for some unknown reason, the clinical notes change the morphine schedule from every six hours to every eight hours. 50. On March 20, 2024, at 05:38, Mr. Merton’s record was authored by LPN Adisa Mitchell saying, “Sent lab results to Dr. Moore’s assistant. Waiting for response.” 51. On March 20, 2024, at 12:01, LPN Cole Stephenson, recorded, “Sent UA results to physician new order for Bactrim ds giving initial dose from stat safe. Family notified.” 52. On March 20, 2024, at 12:31, LPN Stephenson noted, “sending resident to hospital due to resident unable to swallow medication and presents overall functional decline” and Mrs. Merton was notified of the clinical situation. 53. Personnel at The Chateau SNF/LTC falsely claimed the urine sample was “lost by the laboratory,” when in fact the delay was due to the entering of an incorrect date of birth. 54. The processed urinalysis showed marked pyuria, and the urine culture confirmed Enterococcus faecalis at greater than 100,000 CFU/mL, consistent with a UTI. 55. Due to Mr. Merton's alleged inability to swallow the medication and overall functional decline, issues he did not have prior to entering Montereau, he was transferred via ambulance ("EMS") to the Saint Francis Emergency Room on March 20, 2024. 56. Upon arrival at Saint Francis, Mr. Merton presented with a significantly altered mental status. 57. Blood cultures were obtained, but there was a substantial delay in implementing appropriate antimicrobial therapy. The initial antibiotic administered was Ceftriaxone, which is inappropriate for treating infections due to enterococci. 58. The first set of blood cultures turned positive within 11 hours and a rapid identification test confirmed Enterococcus faecalis. Despite this, the change to Ampicillin/Sulbactam did not occur until approximately 8 hours later. 59. Ampicillin/Sulbactam is less effective in severe enterococcal sepsis than more appropriate alternatives like Vancomycin, Linezolid, or Daptomycin. 60. Despite having an infection disease team, a consult was not made and the Saint Francis clinical team continued treating Mr. Merton below the standard of care that was needed. 61. Mr. Merton's health continued to deteriorate, progressing to severe sepsis/septic shock with multi-organ failure, including acute renal failure, encephalopathy, and gastrointestinal hemorrhage. 62. Mr. Merton died on March 26, 2024. CAUSES OF ACTION FIRST CLAIM FOR RELIEF Negligence/Gross Negligence/Wrongful Death: Dr. Moore 63. Paragraphs 1-62 above are repeated and incorporated as if fully set out herein. 64. Dr. Moore had a duty to properly evaluate, diagnose, and treat Mr. Merton upon Mr. Merton’s admission to The Chateau SNF/LTC. 65. On March 8, 2024, Mr. Merton’s admission to The Chateau SNF/LTC, Dr. Moore failed to recognize and delayed recognizing/monitoring the possibility of a UTI in Mr. Merton, despite Mr. Merton having a prior positive urine culture for Enterococcus faecalis. 66. The Prior Documents show: A. Urine for Urinalysis and Urine Culture was collected on March 17, 2024 at 15:23 hours. B. Urine was collected via straight catheter. The specimen was received by the laboratory on March 19, 2024 at 16:19 hours. C. Results were finalized and reported on March 22, 2024 at 12:19 hours. D. The Prior Documents reflect two “Ordering Dates entered by Dr. Moore; the order ‘Reflex to urinalysis w/Culture’ was ordered on March 18, 2024 at 13:12 hours and then again on March 19, 2024 at 17:33 hours. E. The Urinalysis was significant for White Blood Cells (>100/hpf; reference range: <5/hpf) and Leukocyte Esterase (3+; reference range: negative). F. The Urine Culture was positive for Enterococcus faecalis (>100,000 CFU/ml) and Coagulase-negative Staphylococcus (>100,000 CFU/ml). G. Antimicrobial susceptibility testing was performed and the Enterococcus faecalis was found to be susceptible to Ampicillin, Ciprofloxacin, Levofloxacin, and Nitrofurantoin. 67. On March 17, 2024, the Saint Francis Laboratory contacted Dr. Moore regarding Mr. Merton’s urine specimen. The Laboratory alerted Dr. Moore’s office that the date-of-birth entered was incorrect. 68. Dr. Moore delayed ordering diagnostic testing, as a urinalysis and urine culture were not ordered until March 18, 2024, by which time Mr. Merton was already more disoriented, confused, and was physically abused by John Doe. These signs and symptoms, combined with earlier positive urine culture results, should have prompted an earlier concern for a UTI. 69. During Mr. Merton’s stay at The Chateau SNF/LTC, Morphine Sulfate was administered almost daily to Mr. Merton despite its order of “as needed.” 70. It is unknown whether or not Mr. Merton was in pain and in fact needed Morphine Sulfate as the documented records have oddities. No pain assessment was performed on March 8th, 9th, 12th, 14th, 16, and 19th. 71. Morphine Sulfate commonly impairs urinary bladder function and increases the risk for urinary retention and UTIs. 72. On March 19, 2024, Mr. Merton was found to be lethargic and appeared to be reaching for things that were not there. 73. On March 19, 2024, at 10:23, the medical records notes, “UA that was collected on the 17 and sent out was lost at the lab. Recollected this morning and picked up @ 0930.” 74. On March 20, 2024, at 05:38, notes state, “Sent lab results to Dr. Moore’s assistant. Waiting for response.” 75. On March 20, 2024, at 12:01, notes state, “Sent UA results to physician new order for Bactrim ds giving initial dose from stat safe. Family notified.” 76. On March 20, 2024, Dr. Moore prescribed an inappropriate antibiotic, Bactrim (Trimethoprim/Sulfamethoxazole), for the treatment of Mr. Merton’s enterococcal UTI. 77. Bactrim is not an appropriate antibiotic for infections due to enterococci, specifically Enterococcus faecalis. 78. On March 20, 2024, at 12:31, Cole Stephenson, a Licensed Practical Nurse, noted, “sending resident out to hospital due to resident unable to swallow medication and presents overall functional decline” 79. As a result of Dr. Moore’s delay in diagnosis and lack of timely and appropriate treatment of the UTI, Mr. Merton developed uro-sepsis. 80. Had Mr. Merton's UTI been timely diagnosed and treated with an appropriate antimicrobial agent, Mr. Merton would not have progressed to developing sepsis. 81. Dr. Moore’s medical treatment of Mr. Merton was below the acceptable standard of care for a treating physician and constituted professional negligence and gross negligence. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Dr. Moore; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. SECOND CLAIM FOR RELIEF Negligence/Gross Negligence/Wrongful Death: Drs. Canaday, Jones, Chandra, and Bhadriraju 82. Paragraphs 1-81 above are repeated and incorporated as if fully set out herein. 83. On March 20, 2024, Mr. Merton was transferred, via EMS, from The Chateau SNF/LTC and readmitted to Saint Francis’ Emergency Room, at 13:05 hours. 84. Upon readmission to Saint Francis’ Emergency Room, Mr. Merton presented with altered mental status and met clinical criteria for suspected sepsis. 85. Based upon information and belief, on March 20, 2024, Dr. Canaday authored entries at various times covering Mr. Merton’s history, assessment, and clinical plan. 86. Dr. Canaday notes, “Per report, he is usually oriented x4, but has become less responsive over the past 48 hours and is now oriented to person only.” 87. Dr. Canaday affirms Mr. Merton’s history was provided by review of medical records and EMS; the attending physician was Dr. Bhadriraju. 88. Per Dr. Canaday’s notes, “Case discussed with urology team along with Dr. Bhadriraju.” 89. On March 20, 2024 at 16:05 hours, Neal R. French, R.N., entered, “Suspected Sepsis Alert.” 90. The clinical diagnoses listed in the medical records entered by Dr. Canaday does not list sepsis or suspicion of sepsis. 91. On March 20, 2024, at 16:07:09, Drs. Chandra and Bhadriraju are assigned as consulting physicians. 92. On March 20, 2024, various laboratory tests were ordered including a CBC, CMP, and Coagulation Tests. Two sets of blood cultures were ordered and collected on or about 16:22 hours. In addition, urine was collected for urinalysis and urine culture. The CBC and CMP results were found to be consistent with acute renal failure (BUN of 108 and creatinine of 6.7). 93. On March 20, 2024, Mr. Merton’s CO₂ was 20 and the potassium was 6; Mr. Merton was started on hyperkalemia protocol with calcium gluconate infusion, Lokelma (sodium zirconium cyclosilicate), insulin, and furosemide. 94. On March 20, 2024 at 16:18 hours, a medical record entry, entered by Neal R. French, R.N. listed a new medical bag. This medical record entry indicated the administration of Ceftriaxone (Rocephin), dose 1,000 mg in sodium chloride (NS) 50 ml; Rate: 100 mL; Route: Intravenous; scheduled for 15:51 hours. 95. On March 20, 2024 at 16:22 hours, blood cultures, specimen ID: 24M080MB0116 and specimen ID: 24M080MB0117, were collected. 96. On March 20, 2024, at 16:50 hours, another medical entry shows, “Medication Stopped” for Ceftriaxone (Rocephin) 1,000 mg in sodium chloride (NS) 50 ml; this was scheduled for 16:50 hours. 97. Dr. Canaday’s March 20, 2024, note states, “I have started him on IV Rocephin for his UTI. Cultures were obtained first. He is not hypotensive or requiring vasopressors. 98. On March 20, 2024, a Foley (urinary) catheter was inserted at 16:58 hours because of urinary retention and possible obstruction.” 99. On March 20, 2024, a renal ultrasound found bilateral hydronephrosis (moderate on left and mild on right kidney), echogenic bilateral kidneys compatible with renal disease, layering debris in the urinary bladder suspicious for cystitis, a markedly distended urinary bladder despite the presence of a Foley catheter. 100. The Uranalysis was positive for WBCs (>100/hpf) and leukocytes (3+). 101. Saint Francis’ Emergency Room Department’s note states based on a presumed Urinary Tract Infection (“UTI”), antibiotic therapy was started on March 21, 2024 at 00:58 with Ceftriaxone (Rocephin), 1,000 mg in sodium chloride (NS) 50 mL IV. 102. On March 21, 2024, Mr. Merton was described as lethargic and listless. He was oriented to person, but not to place, time, or situation. 103. On March 21, 2024, the blood cultures were positive for Gram-positive cocci in chains on Gram-stain. 104. The first set specimen ID: 24M080MB0116 turned positive after 11 hours of incubation and the second set, specimen ID: 24M080MB0117 turned positive after 13 hours of incubation. 105. Both specimens, the Gram-stain results were called to the respective providers with "read back" confirmation; these calls were made on March 21, 2024 at 05:19 hours and on March 21, 2024 at 07:21 hours. 106. Antimicrobial susceptibility was performed for the Enterococcus faecalis isolate that grew in the blood culture labeled 24M080MB0116. A rapid blood culture organism identification panel (BCID) was then used to further assess the blood culture. This test results were on March 21, 2024 at 06:33 hours as being positive for Enterococcus faecalis. 107. On March 21, 2024 at 14:38 hours, an order was placed and signed for antibiotic therapy to be switched from Ceftriaxone to Ampicillin-Sulbactam (UNASYN), 3,000 mg in sodium chloride (NS) 100 ml IV. An additional dose of Ampicillin-Sulbactam was ordered/given on March 22, 2024 at 08:33 hours. 108. Mr. Merton was also evaluated by the Urology and Nephrology department on March 21, 2024. The evaluations noted urinary retention, bilateral hydronephrosis, complicated UTI, benign prostate hyperplasia (BPH), acute kidney injury and chronic kidney disease, and bilateral parapelvic renal cysts. 109. On March 21, 2024, at 15:01, Dr. Bhadriraju provided a medical progress note: assessment/plan including, but not limited to an Enterococcus UTI. 110. On March 21, 2024, Mr. Merton’s management plan was amended with continuation of medical/antibiotic managing per admitting service; continuation of the Foley catheter; start of treatment with Tamsulosin; start of treatment with Finasteride; re-evaluation of the renal ultrasound in 3-5 days, and a voiding trial in 1-2 weeks. 111. On March 21, 2024, the medical records further show, “Toxic metabolic encephalopathy: suspect underlying UTI, monitor cultures.” 112. On March 22, 2024 at 11:03 hours, the urine culture obtained on March 20, 2024, was finalized and updated. Enterococcus faecalis was isolated and antimicrobial (antibiotic) susceptibility test results were posted. The following antibiotics were tested and the organism was considered to be susceptible to all of these four antibiotics: Ampicillin, Ciprofloxacin, Levofloxacin, and Nitrofurantoin. 113. On March 23, 2024, at 15:03, Dr. Bhadriraju ordered various labs and at approximately 15:03 ordered a Urinalysis with culture if indicated. 114. On March 23, 2024, at 18:44 hours, Mr. Merton’s stool was collected for occult blood test; this test resulted as positive at 19:16 hours. 115. On March 24, 2024, at 10:04 hours, based upon information and belief, Registered Nurse “EW” conducted a “Sepsis Screen.” 116. On March 25, 2024, Dr. Jones ordered and authorized transfusion of RBCs without explicit documentation of direct patient assessment, monitoring, or follow-up after the order. 117. On March 25, 2024, Dr. Bhadriraju, at 1:40 p.m. lists various diagnoses and assessment plan: *Metabolic encephalopathy due to Enterococcus UTI; present on admission, on Unasyn *Acute kidney injury, discussed with Dr. Fu *Bilateral hydronephrosis fluid; urology consulted; trial of voiding *Urinary retention *Secondary hypercoagulable state secondary to acute hospitalization and immobility. "We'll treat with prophylactic dose Lovenox to prevent DVTs. Encourage early ambulation." Dr. Jones was the primary, responsible, physician for overseeing Mr. Merton care on this date. 124. On March 25, 2024 at 19:04 hours, a rapid response was called for Mr. Merton because of a significant bleed while Mr. Merton was conscious during the massive blood-loss. 125. On March 25, 2024, at 20:27, Dr. Jones noted "Sepsis Exemption" with comment of "hemorrhagic shock." 126. On March 25, 2024, at approximately 11:00 p.m., Mr. Merton became unresponsive and was emergently transferred to "5 specialty ICU and pulmonary critical care was consulted." 127. On March 25, 2024, at 11:55 p.m., the assessment/plan for Mr. Merton shows, "severe sepsis with septic shock; aspiration pneumonia." 128. Despite Nurse French entering a "Suspected Sepsis Alert," none of the attending physicians, including, but not limited to Drs. Canaday, Jones, Chandra, and Bhadriraju documented sepsis as a possible diagnosis. 129. There was a substantial delay, roughly eight hours, in implementing appropriate antimicrobial therapy. The initial antibiotic administered was Ceftriaxone, which is inappropriate for treating infections due to enterococci. 130. The change to Ampicillin/Sulbactam, did not occur until 14:38 hours on March 21, 2024 and is less effective in severe enterococcal sepsis than more appropriate alternatives like Vancomycin, Linezolid, or Daptomycin. 131. Drs. Canaday, Jones, Chandra, and Bhadriraju’s medical treatment of Mr. Merton was below the acceptable standard of care for treating physicians and constituted professional negligence and gross negligence. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Drs. Canaday, Jones, Chandra, and Bhadriraju; each, for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. THIRD CLAIM FOR RELIEF Battery: John Doe 132. Paragraphs 1-131 above are repeated and incorporated as if fully set out herein. 133. At all times relevant hereto, Montereau owed Mr. Merton a duty to exercise reasonable care in providing health care services, including but not limited to providing adequate staffing, proper supervision, and a safe environment free from abuse and neglect. 134. On or about March 18, 2024, John Doe, an employee of Montereau, severely and physically abused Mr. Merton. 135. As a direct and proximate result of the severe physical abuse, multiple scabs, tears, and bruising were found upon Mr. Merton’s upper extremities. 136. After examination, it appeared that there were fresh wounds; however, the scabbing and tears showed previous abuse occurred. 137. Montereau knew or should have known of the propensity for such abuse or neglect due to insufficient training, poor supervision, and prior complaints. 138. John Doe acted intentionally to cause physical harm upon Mr. Merton. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against John Doe; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. FOURTH CLAIM FOR RELIEF Respondeat Superior: Montereau 139. Paragraphs 1-138 above are repeated and incorporated as if fully set out herein. 140. Dr. Moore was an employee and/or agent of Montereau and was acting within the scope of his employment and/or agency of Montereau, at all times relevant to the negligent and grossly acts, and omissions to act, herein. 141. Defendant John Doe was an employee and/or agent of Montereau and was acting within the scope of his employment and/or agency of Montereau, at all times relevant to the negligent and grossly acts, and omissions to act, herein. 142. Defendant Montereau is therefore liable for Dr. Moore and John Doe’s negligent and grossly negligent acts, and omissions to act, under the doctrine of Respondeat Superior. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Montereau; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. FIFTH CLAIM FOR RELIEF Respondeat Superior: Saint Francis 143. Paragraphs 1-142 above are repeated and incorporated as if fully set out herein. 144. Drs. Canaday, Jones, Chandra, and Bhadriraju were employees and/or agents of Saint Francis and were acting within the scope of their employment and/or agency of Saint Francis, at all times relevant to the negligent and grossly acts, and omissions to act, herein. 145. Saint Francis is therefore liable for Drs. Canaday, Jones, Chandra, and Bhadriraju’s negligent and grossly negligent acts, and omissions to act, under the doctrine of Respondeat Superior. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Saint Francis; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. SIXTH CLAIM FOR RELIEF Negligent Supervision/Retention: Montereau 146. Paragraphs 1-145 above are repeated and incorporated as if fully set out herein. 147. Montereau owed a duty to Mr. Merton to properly qualify, supervise, train and/or terminate unqualified personal. 148. Montereau breached this duty by failing to adequately supervise and train its employees and agents, allowing the negligent, grossly negligent acts, omissions, and battery described herein to occur. 149. Based upon information and belief, Dr. Moore and John Doe were not qualified to render treatment to patients in the setting designated by Montereau. 150. As a direct and proximate result of this Montereau’s negligent supervision and retention, Mr. Merton suffered severe and irreversible injuries, leading to his death. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Montereau; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. SEVENTH CLAIM FOR RELIEF Negligent Supervision/Retention: Saint Francis 151. Paragraphs 1-150 above are repeated and incorporated as if fully set out herein. 152. Saint Francis owed a duty to Mr. Merton to properly qualify, supervise, train and/or terminate unqualified personal. 153. Saint Francis breached this duty by failing to adequately supervise and train its employees and agents, allowing the negligent and grossly negligent acts and omissions described herein to occur. 154. Based upon information and belief, Drs. Canaday, Jones, Chandra, and Bhadriraju were not qualified to render treatment to patients in the setting designated by Saint Francis. 155. As a direct and proximate result of Saint Francis’ negligent supervision and retention, Mr. Merton suffered severe and irreversible injuries, leading to his death. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Saint Francis; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. EIGHTH CLAIM FOR RELIEF Corporate Negligence/Negligent Credentialing: Montereau 156. Paragraphs 1-155 above are repeated and incorporated as if fully set out herein. 157. Montereau owed a direct, non-delegable duty to Mr. Merton ensuring only competent and qualified staff were credentialed and protecting patients from known patterns of incompetence. 158. On information and belief, Montereau breached this duty by failing to exercise reasonable care in credentialing, retaining, and overseeing the medical professionals, including, but not limited to Dr. Moore, John Doe, and staff who provided care to Mr. Merton, and by failing to implement and enforce policies and procedures to ensure patient safety. 159. As a direct and proximate result of Montereau’s corporate negligence and negligent credentialing, Mr. Merton suffered severe and irreversible injuries, leading to his death. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Montereau; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. NINTH CLAIM FOR RELIEF Corporate Negligence/Negligent Credentialing: Saint Francis 160. Paragraphs 1-159 above are repeated and incorporated as if fully set out herein. 161. Saint Francis owed a direct, non-delegable duty to Mr. Merton ensuring only competent and qualified staff were credentialed and protecting patients from known patterns of incompetence. 162. On information and belief, Saint Francis breached this duty by failing to exercise reasonable care in credentialing, retaining, and overseeing the medical professionals, including, but not limited to Drs. Canaday, Jones, Chandra, and Bhadriraju, and staff who provided care to Mr. Merton, and by failing to implement and enforce policies and procedures to ensure patient safety. 163. As a direct and proximate result of Saint Francis’ corporate negligence and negligent credentialing, Mr. Merton suffered severe and irreversible injuries, leading to his death. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Saint Francis; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. TENTH CLAIM FOR RELIEF Ostensible Agency: Montereau 164. Paragraphs 1-163 above are repeated and incorporated as if fully set out herein. 165. Montereau held out Dr. Moore, John Doe and staff involved in Mr. Merton's care as their agents, leading Mr. Merton and his family to reasonably rely on their authority and the quality of care provided. 166. Mr. Merton, at the time of admittance, looked to Montereau, Dr. Moore, John Doe, and staff for treatment and did not believe that Dr. Moore, John Doe, and staff were acting on their own behalf. 167. Mr. Merton had no prior relationship to Dr. Moore and John Doe's treatment of him. 168. Dr. Moore and John Doe were Montereau's ostensible agents, and Montereau is liable for their negligent, and grossly negligent, acts and omissions to act set forth supra. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Montereau; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys' fees; and for all such relief the Court deems fair and equitable. ELLEVENTH CLAIM FOR RELIEF Ostensible Agency: Saint Francis 169. Paragraphs 1-168 above are repeated and incorporated as if fully set out herein. 170. Saint Francis held out Drs. Canaday, Jones, Chandra, and Bhadriraju and staff involved in Mr. Merton's care as their agents, leading Mr. Merton and his family to reasonably rely on their authority and the quality of care provided. 171. Mr. Merton, at the time of admittance, looked to Saint Francis for treatment and did not believe that Drs. Canaday, Jones, Chandra, and Bhadriraju were acting on their own behalf. 172. Mr. Merton had no prior relationship to Drs. Canaday, Jones, Chandra, and Bhadriraju’s treatment of him. 173. Drs. Canaday, Jones, Chandra, and Bhadriraju were Saint Francis’ ostensible agent, and Saint Francis is liable for their negligent, and grossly negligent, acts and omissions to act set forth supra. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Saint Francis; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. TWELTH CLAIM FOR RELIEF Loss of Consortium: All Defendants 174. Paragraphs 1-173 above are repeated and incorporated as if fully set out herein. 175. As a direct and proximate result of the Defendants' negligent and gross negligent acts, and omissions to act, the surviving family members of Mr. Merton have suffered and will continue to suffer a loss of consortium, including loss of society, companionship, comfort, guidance, support, and services. WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against all Defendants; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys’ fees; and for all such relief the Court deems fair and equitable. Prayer for Relief WHEREFORE, Plaintiff, Carl W. Merton, Jr., as Administrator of the Estate of Carl Wayne Merton, Deceased, prays for judgment against Defendants; for an award of damages in an amount in excess of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), together with interest, costs, attorneys' fees; and for all such relief the Court deems fair and equitable, prays for judgment against the Defendants, and each of them, for: A. Pain and suffering of Carl Wayne Merton, Sr. B. Actual damages for the wrongful death of Carl Wayne Merton, Sr., including medical expenses, and funeral expenses. C. Damages for loss of consortium suffered by the surviving family members. D. Punitive damages in an amount sufficient to punish the Defendants and deter similar conduct in the future, as allowed by Oklahoma law. E. Pre-judgment and post-judgment interest as allowed by law. F. Costs of this action, including reasonable attorney's fees. G. Such other and further relief as this Court deems just and proper. Respectfully submitted, Kamran K. Momeni, P.C. By: Kamran K. Momeni, OBA #19179 9175 South Yale Avenue, Ste. 300 Tulsa, OK 74137-4044 Telephone: 918.935.3999 Facsimile: 888.274.6096 [email protected] Attorney for Plaintiff