Tyler Walker v. SSM Health Care of Oklahoma, Inc. d/b/a St. Anthony Hospital

IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY STATE OF OKLAHOMA TYLER WALKER, an Individual, Plaintiff, v. SSM HEALTH CARE OF OKLAHOMA, INC. d/b/a ST. ANTHONY HOSPITAL, a Domestic Not-for-Profit Corporation; and SELECT SPECIALTY HOSPITAL - OKLAHOMA CITY, INC., an Oklahoma Corporation, Defendants. Case No.: CJ-2026-1262 FILED IN DISTRICT COURT OKLAHOMA COUNTY FEB 18 2026 RICK WARREN COURT CLERK 50 ATTORNEY LIEN CLAIMED PETITION COMES NOW the Plaintiff, Tyler Walker, by and through his attorneys of record, SMOLEN | LAW, PLLC, and for his causes of action against the Defendants, alleges and states the following: PARTIES, JURISDICTION AND VENUE 1. Plaintiff, Tyler Walker, is a citizen of Oklahoma and resides in Oklahoma County, Oklahoma. 2. Defendant SSM Health Care of Oklahoma, Inc. d/b/a St. Anthony Hospital ("St. Anthony") is an Oklahoma healthcare company incorporated under the laws of the State of Oklahoma. 3. Select Specialty Hospital – Oklahoma City, LLC ("SSH-OKC") is a Domestic Limited Liability Corporation, with its principal place of business located in Oklahoma County, Oklahoma. 4. The events and actions giving rise to this cause of action occurred within Oklahoma County, Oklahoma. 5. This Court has jurisdiction, and the venue is proper in Oklahoma County, Oklahoma. STATEMENT OF FACTS 6. Paragraphs 1-5 are incorporated herein by reference. 7. On or about March 3, 2024, Mr. Walker was evaluated by agents, employees, contractors, and/or servants of Defendant St. Anthony for acute respiratory failure and was subsequently admitted to inpatient care. 8. On admission to Defendant St. Anthony, Mr. Walker did not have any pressure wounds and/or traumatic wounds. 9. During his admission between March 3, 2024, and March 29, 2024, agents, employees, contractors, and/or servants of St. Anthony failed to provide adequate care and treatment for Mr. Walker and as a result, Mr. Walker developed multiple pressure wounds and/or direct trauma, including but not limited to the sacrum, heels, back, forehead, and penis, while under Defendant’s care. 10. Mr. Walker was transferred to Defendant SSH-OKC on or about March 29, 2024, for long-term acute care. 11. On admission to Defendant SSH-OKC, multiple pressure wounds were noted on Mr. Walker, including but not limited to the sacrum, gluteal region, left forehead, back, and penis. 12. During his admission to Defendant SSH-OKC between March 29, 2024, and April 20, 2024, agents, employees, contractors, and/or servants of SSH-OKC failed to provide adequate care and treatment for Mr. Walker, and, as a result, Mr. Walker’s pressure wounds worsened while under Defendant’s care. 13. Defendants collectively, by and through their agents/employees, failed to properly care for Mr. Walker during his residency, including, but not limited to, failing to properly recognize, diagnose, and evaluate his need for medical attention and provide him with necessary, timely, and appropriate medical treatment and care. 14. Upon information and belief that will be confirmed through discovery, between March 3, 2024, and April 20, 2024, Defendants left Mr. Walker unattended and without appropriate care in maintaining his needs, despite the fact that he would be at risk and susceptible to pressure wounds. 15. As a result, Mr. Walker, in fact, did suffer serious injuries, including multiple pressure wounds on, or direct trauma to, his sacrum, right gluteal region, left gluteal region, posterior thorax (back), forehead, and genital region.  16. Defendants, by and through the employees and/or agents, allowed Mr. Walker’s pressure wound to progress and failed to render necessary, timely, and appropriate medical treatment or transport him to a healthcare provider capable of treating his injuries. 17. Upon information and belief that will be confirmed in discovery, the employees and/or agents of both Defendants failed to perform any debridement procedure for any of Mr. Walker’s pressure wounds. 18. As a result of combined negligence of all Defendants, Mr. Walker’s pressure wounds became infected with bacteria. 19. As a result of combined negligence of all Defendants, Mr. Walker’s pressure wounds became infected with fungus/mold. 20. As a result of combined negligence of all Defendants, Mr. Walker developed osteomyelitis – deep bone infection. 21. Defendants deviated from the standard of care in many ways, including, but not limited to, failing to properly assess, monitor, and tend to Mr. Walker and failing to turn Mr. Walker in bed on a frequent and acceptable basis. 22. Furthermore, agents, employees, contractors, and/or servants of SSH-OKC allowed and/or failed to recognize that Mr. Walker’s feeding tube (PEG tube), was dislodged. 23. Agents, employees, contractors, and/or servants of SSH-OKC failed to recognize, timely treat, and/or transfer Mr. Walker for higher level of care relating to his dislodged feeding tube (PEG tube) and continued to instill feeds through this dislodged PEG tube. 24. As a result, Mr. Walker developed serious infection, sepsis, peritonitis, intra-abdominal abscess and required open abdominal surgery (exploratory laparotomy with abdominal washout) at Integris Baptist Hospital in Oklahoma City on or about April 21, 2024. 25. The sacral pressure ulcer Mr. Walker developed while under Defendants’ care progressed to Stage IV while the thoracic (back) pressure wound progressed to Stage III – both requiring surgery on April 26, 2024 – also performed at Integris Baptist Hospital in Oklahoma City. 26. As a result of his illness and the injuries he sustained while in Defendants’ care, and Defendants’ failure to render timely and appropriate care, Mr. Walker remained debilitated and required long-term care and required ongoing wound care. 27. As a result of Defendants’ negligence and the negligence of employees and/or agents, Mr. Walker suffered actual damages, including but not limited to personal injury, medical expenses, mental and physical pain and suffering, and other actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00). CAUSES OF ACTION I. NEGLIGENCE 28. Paragraphs 1 through 27 are incorporated herein by reference. 29. Defendants, as well as Defendants’ employees, agents, and/or contractors, owed a duty to Mr. Walker to provide reasonable medical and nursing care and treatment, including a duty to use their best judgment and apply, with ordinary care and diligence, the knowledge, and skill possessed by other similarly situated individuals in the industry. 30. Defendants and their employees/agents failed to exercise ordinary, reasonable, and proper care in providing care and treatment to Mr. Walker. 31. Defendants failed to turn Mr. Walker in bed on a frequent and acceptable basis. 32. Defendants failed to follow established medical and nursing protocols and their own guidelines for safe patient care. 33. Defendants failed to carry out basic procedures that must be followed for patient care. 34. Defendants’ agents and staff failed to provide adequate wound care, prevention, and treatment for Mr. Walker, and, as a result, Mr. Walker developed multiple severe pressure injuries while under Defendants’ care. 35. Defendants’ agents and staff failed to provide adequate care and treatment for such wounds, and, as a result, the pressure wounds became worse. 36. Defendants failed to timely act in diagnosing and treating Mr. Walker when they knew or reasonably should have known that their acts or omissions had exposed him to severe injury and continued pain and suffering as a direct result of the course and method of treatment they provided. 37. Defendants failed to timely act to refer Mr. Walker to the appropriate consultants who could render medical and nursing care and treatment for his symptoms. 38. The acts and omissions of Defendants represent clear violations of accepted standards of practice regarding identification, care, and prevention of pressure wounds. 39. As an actual and proximate cause of the negligence of Defendants, their agents, and staff, Mr. Walker endured physical and mental pain and suffering. 40. The breach of this duty by Defendants and their employees/agents is the actual and proximate cause of Mr. Walker’s injuries. 41. Defendants are vicariously liable for the negligence of their employees and agents pursuant to the legal doctrines of respondeat superior and/or ostensible agency. 42. Defendants’ breach was the actual and proximate cause of Mr. Walker’s injuries. 43. As a result of Defendants’ combined negligence, Mr. Walker has suffered personal injury, including, but not limited to, medical expenses, mental and physical pain and suffering, and other actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00). II. NEGLIGENT HIRING, SUPERVISION, TRAINING, AND RETENTION 44. Paragraphs 1-43 are incorporated herein by reference. 45. Defendants owed a direct duty to Mr. Walker to hire, train, and supervise employees and or agents so that their employees and/or agents would not cause injury or harm to Mr. Walker or any other persons in the community. 46. By failing to hire, train, and supervise, employees and/or agents who would not cause injury or harm to Mr. Walker or any other persons in the community, Defendants breached the duty owed to Mr. Walker. 47. These breaches were the actual and proximate cause of Mr. Walker’s injuries. 48. As a proximate result of the afore-mentioned acts and/or omissions, Mr. Walker has suffered actual damages including, but not limited to, personal injury, medical expenses, mental and physical pain and suffering, and other actual damages in excess of seventy-five thousand dollars ($75,000.00). III. PUNITIVE DAMAGES 49. Paragraphs 1-48 above are incorporated herein by reference. 50. The intentional, wanton, and reckless conduct of the Defendants in disregard of Mr. Walker and others similarly situated was conducted with full knowledge in that Defendants knew, or should have known, of the severe adverse consequences of their actions. 51. The Defendants’ actions constituted reckless disregard for the health and safety of Mr. Walker. 52. The acts and omissions of Defendant were wrongful, culpable, and so egregious that punitive damages in a sum that exceeds $75,000.00 should be awarded against Defendants to set an example to others similarly situated that such inexcusable conduct will not be tolerated in our community. WHEREFORE, based on the foregoing, Plaintiff prays that this Court grant him the relief sought, including but not limited to actual damages in excess of Seventy-Five Thousand Dollars ($75,000.00), punitive damages in excess of Seventy-Five Thousand Dollars ($75,000.00), costs, attorney fees and such other relief as the Court deems just and equitable. Respectfully submitted, SMOLEN | LAW, PLLC Donald E. Smolen, II, OBA #19944 Lance Freije, OBA #18559 Alan N. Barker, OBA #31935 611 S. Detroit Ave. Tulsa, OK 74120 P: (918) 777-4LAW (4529) F: (918) 890-4529 [email protected] [email protected] [email protected] Attorneys for Plaintiff