‘STATE OF SOUTH CAROLINA ) ) ‘THE COURT OF COMMON PLEAS COUNTY OF UNION ) ) Lela Glenn Kelly as Personal Representative for the) CIVIL ACTION COVERSHEET Estate of Patrick Eugene Kelly, Plaintiffis) ) ; J 2017.CP = 44-0O0BE a vs. ) 2a mh ) ef ° Hani Mohamed Sorour, Spartanburg Regional) 3 2 Health Services District, Ine. d/b/a Union Medical 3 Center, d/b/a Wallace Thomson Hospital, dib/a, a Do Spartanburg Regional Hospital d/bfa Medical Ss m Group of the Carolina and Robert J. Jones, Jr. ros Defendant(s) o 2 (Prease Print) SC Bard: 16205 ue Submitted By: Robert D. Dodson Telephone # 803-252-2600 Address: 1772 Main Street, Suite 200 Fan #: 803-771-2959 Columbia, SC 29201 Othe Femail: rdodson@rdodsonlaw. com NOTE: The cover sheet and information contained herein neither replaces noe sepphements the il and service of pleadings or oter papers asrequre bylaw. This form is required forthe use of the Clerk of Court for the purpose of docketing. must e filed out compel, Signed, and dated. A copy of this cover skeet most be served on the defendants) along withthe Summens and Complaint. DOCKETING INFORMATION (Cheek af that apply) Uf Action is Judgment/Settlement do not complete [JURY TRIAL demanded in complaint. [] NON-JURY TRIAL demanded in complain. ) This case is subject ARBITRATION pursuant to the Court Annexed Alternative Dispute Resolution Rules. w oO ‘This case is subject to MEDIATION pursuant to the Court Annexed Alternative Dispute Resolution Rute, “This case is exempt from ADR. (Proof of ADR/Exemption Attached) NATURE OF ACTION (Check One Box Below) Contras “Torts Profession Malpractie eat Proper [ Comsnaoneteny Dea acts aiay—C]Aslndetc 300) Clon Dees 0) CE necaesonsciay Lega Metpaaice 210), E]_Comersion st) I Conder 319) Employment (120) Medical Malpractice (220) LZ] Motor Vehicle Agcidenc (32) C]_Foreclonuare (420) DD Genera (1304 Previous Notive of Invent Case # Premises |ishility (330) C) Mechanie’s Lien 1430) GB menboremercii4o) 2016-44 -0000 2 I ansiot30) Th omerciso 1 Mo Fe Wesar@30) Pomona ny 2501 OF Pavesson 02 Coben) Gp Serta Fine Coe Vston one Fontes tana Petitions Indgmentetemens Adina Law Retr pests Der soo, 1 Desth Settlement (7005 D_ Reinstate Driver's License (8007 CL Arbitration como} 1D Mdamis i820) Esa dndemert 10) E) Shea Reve 0 Maven tn DI tisteoscorpn isso) Maga edge) ED Reis 829 1 Stpitccininal 1920 CO orers99) 1 MinwrSenerest(730) ED. Permaent niasion 830) Mariah Thorp men T401 EJ Fever Pt (9 Prac coun gr Ch tinPendens 720) CO etsure-Comant Ode 850) Seber 855 D Temtrorsinctnes FD peraun Woes Comp ten ‘Seatternent Payment Rights, er BI Cl Arming Board 7m Sppictn (30) fac Semise Common e179 ots Spec omples nner Frome Secs Commo CQ tnvranment tn) ED Phamaceticns 50) somone econ) Uni Tade rts 609 1 onteron Medical (620) _ Gubat State Depositions (650), D1 Othar 1499) D1 Marion to Quash Supe in a OeLokCwanty Action 60) TD Scena Pesan st03, Date: January 19,2017 SCCA / 234 (01/2010) Page 1 of 3Note: Frivolous civil proceedings may be subject to sanctions pursuant to SCRCP, Rule 1! and the South Carolina Privalous Civil Proceedings Sanctions Act. 8.C. Code Ann, §15-36-10 et. seq, SCCA / 234 (01/2010) Page 2 0f 3FOR MANDATED ADR COUNTIES ONLY Allendale, Anderson, Beaufort, Colleton, Florence, Greenville. Hampton, Horry, Jasper, Lexington, Pickens (Family Court Only), Richland, Union and York SUPREME COURT RULES REQUIRE THE SUBMISSION OF ALL CIVIL CASES TO AN ALTERNATIVE DISPUTE RESOLUTION PROCESS, UNLESS OTHERWISE EXEMPT. ‘You are required to take the following action(s): 1, The panies shall select a neutral and file @ “Proof of ADR” form on or by the 210" day of the filing of this action. If the parties have not selected a neutral within 210 days, the Clerk of Court shall then appoint a primary and secondary mediator from the current roster on a rotating basis from among those mediators agreeing to accept cases in the county in which the action has been filed. 2. The initial ADR conference must be held within 300 days after the filing of the action, 3. Pre-suil medical malpractice mediations required by S.C. Code §15-79-125 shall be held not tater than 120 days after all defendants are served with the “Notice of Intent to File Suit” or as the court directs. (Medical ‘malpractice mediation is mandatory statewide.) A. Cases are exempt from ADR only upon the following grounds: Special proceeding, or actions secking extraordinary relief such as mandamus, habeas corpus, or prohibition; bb. Requests for temporary relief, ©. Appeals d. Post Conviction relief matters; ©. Contempt of Court proceedings; £ Forfeiture proceedings brought by governmental entities: 8. Mortgage foreclosures: and fh, Cases that have been previously subjected to an ADR conference, unless otherwise required by Role 3 or by statute. 5. In-cases not subject to ADR, the Chief Judge for Administrative Purposes, upon the motion of the court or of any party, may order a case to mediation. 6. Motion of a party to be exempt from payment of rieutral fees due to indigeney should be filed with the Court within ten (10) days after the ADR conference has been concluded Please Note: You must comply with the Supreme Court Rules regarding ADR. Failure to do so may affect your case or may result in sanctions. SCCA / 234 (01/2010) Page 3 of 3STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS wuiT-Ch-A este COUNTY OF UNION Lela Glenn Kelly as Personal Representative for the Estate of Patrick Robert J. Jones, Jr. ) ) Eugene Kelly, ) ) Plaintiff, ) ) Vs. ) ce m ) SUMMONS BS Hani Mohamed Sorour, Spartanburg } nom Regional Health Services District, Inc. ) “3 dfb/a Union Medical Center, d/b/a ) ee Wallace Thomson Hospital, d/bya ) So Spartanburg Regional Hospital d/b/a ) mo Medical Group of the Carolina and } 8 é ) ) ) Defendants. YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy of which is hereby served on you, and to serve a copy of your Answer to the said Complaint upon the subscribers at 1722 Main Street, Suite 200, Columbia, South Carolina 29201, within thirty (30) days after service hereof, exclusive of the day of such service, and if you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in such Complaint. Respectfully submitted, this Dey of amuary,2017 LAW OFFICES. OF ROBERT DODSON, PA. Robert D. Dodson: 1722 Main Street, Suite 200 Columbia, SC 29201 Phone: (803) 252-2600 Fax: (803) 771-2259 Email: rdodsonlaw@irdodsonlaw.com Attorney for PlaintiffSTATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF UNION Lela Glenn Kelly as Personal Representative for the Estate of Patrick Eugene Kelly, 2017-CP- Md QU Plaintiff, 20 1T WE $2 Nor Le Vs. Regional Health Services District, Inc. d/b/a Union Medical Center, d/b/a Wallace Thomson Hospital, d/b/a , Spartanburg Regional Hospital d/b/a Medical Group of the Carolina and Robert J. Jones, Jr. QuoosY Uds Catld ) ) ) ) ) ) ) ) Hani Mohamed Sorour, Spartanburg) ) ) ) ) ) ) ) Defendants.) Comes now the Plaintiff, by and through undersigned counsel, who would show unto the Court as follows: INTRODUCTION 1, This is a medical malpractice action that arises out of Defendants’ failure to provide timely and appropriate medical care and treatment to Patrick Eugene Kelly. Defendants’ failure to provide timely and appropriate medical care and treatment to Patrick Eugene Kelly resulted in his untimely death and conscious pain and suffering before his death. PARTIES JURISD! ION AND. UE, 2. Plaintiff is a citizen and resident of South Carolina and at all times relevant to this action ‘was married to Patrick Eugene Kelly, 3. Prior to his death, Patrick Eugene Kelly was a resident of South Carolina,4. Following the untimely death of her husband, Patrick Eugene Kelly, Lela Glen Kelly ‘was appointed by the Union County Probate Court as the Personal Representative for the Estate of Patrick Eugene Kelly 5. On information and belief, Defendant, Hani Mohamed Sorour, is a medicat doctor licensed to practice in the State of South Carolina but who resides outside the State of South Carolina. 6. On information and belief, Defendant, Spartanburg Regional Health Services District, Inc. (hereinafter “corporate Defendant”), is a corporation organized and existing under the laws of the State of South Carolina with its principal place of business in South Carolina, 7. On information and belief, the corporate Defendant does business under a variety of trade names including Union Medical Center, Wallace Thomson Hospital, Spartanburg Regional Hospital and Medical Group of the Carolinas. 8. On information and belief, Defendant, Robert J. Jones, Jr., is medical doctor licensed to practice in the State of South Carolina and who resides in South Carolina. 9. Venue is properly asserted in Union County because the negligent errors and omissions giving rise to this case occurred in Union County. 10. This Court has jurisdiction over the subject matter and parties to this action, FACTUAL ALLEGATIONS 11, Plaintiff re-alleges the above paragraphs by reference as if recounted at length herein. 12, On or about March 2", 2016, Mr. Kelly presented to the Emergency Room at Union Medical Center/Wallace Thomson Hospital with a sore throat.13. He was presctibed and provided penicillin and discharged home. 14, Later that same day, Mr. Kelly returned to the Emergency Room at Union Medical Center/Wallace Thomson Hospital because he was experiencing swelling of his tongue «and throat, shortness of air and trouble swallowing and speaking, 15. On his second visit to the ER, he was seen and treated by Defendant Sorour and other ‘medical staff at Union Medical Center/Wallace Thomson Hospital. 16. Based on his clinical presentation at that time, it was clear Mr. Kelly was having an anaphylactic allegoric reaction but Defendant Sorour did not provide timely and appropriate medical care for this condition. 17. More specifically, Defendant Sorour did not provide the proper medication. 18, Thereafter, Mr. Kelly’s condition continued to worsen, 19, Defendant Sorour called Defendant Jones about transferring Mr. Kelly to Spartanburg Regional Medical Center where it has more resources to treat patients like Mr. Kelly, 20, Defendant Jones told Defendant Sorour that he should not attempt to transfer Mr. Kelly tuntil he was weaned off supplemental oxygen but this advice (which Defendant Sorour accepted) was below the standard of care because of Mr. Kelly’s condition and due to the fact that Mr. Kelly's airway was closing because of the anaphylactic allergic reaction he was havi 21. As a direct and proximate result, Mr. Kelly’s condition continued to worsen and his airway continued to close off to the point that he could not adequately breath. 22. Thereafter, Defendant Sorour attempted 0 intubate Mr. Kelly but his attempts to intubate Mr. Kelly came too late and he was unable to intubate Mr. Kelly.23. Instead of seeking assistance from other individuals of the medical tam who were more experienced in intubating patients like Mr, Kelly, Defendant Sorour went to the internet and specifically went to the website youtube.com to look up how to perform a ericothyrotomy procedure. 24. During a cricothyrotomy procedure a physician essentially cuts a patient’s neck to make an alternative airway below the tongue but Defendant Sorour did not know how to properly perform this procedure and botched the procedure that he tried to lear on youtube.com. 25, Thereafter, Mr. Kelly’s condition continued to worsen and his heart stopped. 26. Defendant Sorour directed that the medical staff only perform CPR chest compressions for a few minutes because he told the medical staff that without an open airway, chest compressions would not help. 27. He then directed the medical staff to discontinue CPR chest compressions and he pronounced Mr. Kelly dead in the early morning hours of March 3, 2016, 28. In fact, however, Defendant Sorour, was wrong because the standard of eare with regard to physicians and others who perform CPR is to continue chest compressions even. without a proper airway. 29, Defendant Sorour's directive to stop CPR chest compressions and the other substandard care he provided to Mr. Kelly were the proximate cause of Mr, Kelly’s untimely death, COMPLIANCE WITH S.C. CODE SECTION 15-79-125 and 15-36-10 30. Plaintiff previously filed a Notice of Intent to File Suit and attached to the Notice of Intent to File Suit was the Affidavit Affidavit of Brent Rody, M.D.31. As previously attested to in Dr. Rody’s Affidavit, he is a medical doctor and is board certified in Emergency Medicine by the American Board of Emergency Medi e. 32. Dr, Rody has reviewed Mr. Kelly’s medical records and has attested to multiple breaches in the standard of care by Defendants in their post-operative care and treatment of Mr. Kelly. 33. Afler filing and serving the Defendants with the Notice of Intent to File Suit, Plaintif’s Counsel has made numerous attempts to mediate this case within the 90 to 120 window provided under $.C. Code Ann. § 15-79-125(C). 34. However, Defendants have not coordinated a mediation within the 120 day time frame provided by 8.C. Code Ann. § 15-79-125(C) despite numerous and multiple attempts 10 coordinate the pre-filing mediation by Plaintiff's Counsel, 35. To the extent possible, Plaintiff has fully complied with S.C, Code Ann §§ 15-79-125, 15-36-100 and other applicable statutory laws in filing this action, FOR A FIRST CAUSE OF ACTION MEDICAL NEGLIGEN® 36, Plaintiff re-alleges the above paragraphs by reference as if recounted at length herein, 37. Defendants owed Mr. Kelly a duty of reasonable and due care and specifically had a duty to use the degree of skill and care as reasonably prudent physicians and nurses would use. 38. Defendants, individually and/or by and through their agents, employees, servants, representatives and/or medical partners, breached this duty in one or more of the following particulars: a. In failing to timely and properly treat Mr. Kelly for an anaphylactic allergicreaction; b. In failing to recognize, diagnose and treat Mr. Kelly's medical condition; c. In failing to timely and properly transfer Mr. Kelly to Spartanburg Regional Medical Center where he could be properly treated; 4. In attempting to reduce the amount of supplemental oxygen being provided to Mr. Kelly before attempting to transfer him to another medical facility: ¢. In faifing to timely and properly intubate Mr. Kelly: £. In failing to have other members of the medical team attempt to timely and properly intubate Mr. Kelly; In failing to timely and properly establish an airway; h, In attempting to perform a surgical procedure Defendant Sorour did not know how to properly perform; i, In failing to perform adequate and sustained CPR chest compressions; j. In failing to provide timely and proper medical care to Mr. Kelly; and K, In such additional particulars as may be learned through discovery and/or proven at trial, 39. As a direct and proximate result of Defendant’s negligent, grossly negligent, wanton, and/or reckless conduct as described more fully above, Mr. Kelly was injured and eventually died 40. Plaintiff hereby makes demand against Defendants (jointly and severally) for all damages allowed by law including punitive damages in an appropriate amount. FOR A SECOND CAUSE OF ACTION AGAINST ALL NAMED DEFENDANTS 6WRONGFUL DEATH 41, Plaintiff re-alleges the above paragraphs by reference as if recounted at length herein. 42. As outlined and pleaded more fully above, Defendants were negligent, grossly negligent, wanton and/or reckless in their care and treatment of Mr. Kelly. 43. As a direct and proximate result of Defendants’ negligent, grossly negligent, wanton, and/or reckless conduct as described more fully above, Mr. Kelly died prematurely. As a result of his death, the statutory beneficiaries suffered mental shock and suffering, ‘wounded feelings, grief, somow, loss of society and companionship, and lost and were deprived of the use and comfort of Mr. Kelly's experience, knowledge, and judgment. In addition, his wife suffered loss of consortium. Further, funeral expenses were incurred for the burial of Mr, Kelly. 44, As the duly appointed personal representative for the Estate of Patrick Eugene Kelly, Lela Glenn Kelly hereby makes demand against these Defendants, jointly and severally, for all damages allowed by law for the wrongful death of Mr. Kelly, plus an appropriate amount of punitive damages (as determined by a jury) to punish these Defendants for their grossly negligent, wanton, and/or reckless misconduct as described more fully above and to deter others from similar misconduct in the future. FOR A THIRD CAUSE OF ACTION AGAINST ALL NAMED DEFENDANTS SURVIVAL 45. PI iff re-alleges the above paragraphs by reference as if recounted at length herein, 46. As outlined and pleaded more fully above, Defendants were negligent, grossly negligent, wanton and/or reckless in their care and treatment of Mr. Kelly.47. As a direct and proximate result of Defendants’ negligent, grossly negligent, wanton, andjor reckless conduet as described more fully above, Mr, Kelly suffered personal injuries that resulted in conscious pain, suffering, mental distress and loss of enjoyment of life; he ineurred medical bills and expenses; and he suffered other legally recognized damages. In addition, funeral expenses were incurred. 48. As the duly appointed personal representative of the Estate of Patrick Eugene Kelly, Lela Glenn Kelly hereby makes demand against Defendants, jointly and severally, and on behalf of Mr. Kelly and/or the Estate of Patrick Bugene Kelly, for all damages suffered by Mr, Kelly as a result of Defendants’ conduct as more fully described above. Further, Plaintiff seeks an appropriate amount of punitive damages (as determined by a jury) to punish these Defendants for their grossly negligent, wanton, and/or reckless misconduct as described more fully above and to deter others from similar misconduct in the future. FOR A FOURTH CAUSE OF ACTION AGAINST THE CORPORATE DEFENDANTS z OR 49, Plaintiff re-alleges the above paragraphs by reference as if recounted at length herein. 50. On information and belief, at all times relevant to this action, the individually named Defendants were employed by and/or were otherwise acting as agents, servants, partners and/or representatives of the Corporate Defendant. 51. More specifically, at all times relevant to this action, Defendants Sorour and Jones were operating in the course and scope of their employment with the Corporate Defendant and ‘were operating within the course and scope of their employment with the Corporate Defendant,52. The acts and omissions of these individuals (as outlined, alleged and pleaded more fully above) were all committed while these individuals were operating within the course and scope of their employment, agency, and/or representative capacity. 53. Under the doctrine of respondeat superior the Corporate Defendant is liable for the negligent, grossly negligent, willful, wanton, and/or reckless conduet of Defendants Sorour and/or Jones (as outlined, alleged and pleaded more fully above), 54, As the duly appointed personal representative of the Estate of Patrick Eugene Kelly, Lela Glenn Kelly hereby makes demand against the Corporate Defendant on behalf of Mr. Kelly and/or the estate of Patrick Eugene Kelly, for all damages suffered by Mr. Kelly as a result of Defendants’ conduct as more fully described above. Further, Plaintiff seeks an appropriate amount of punitive damages (as determined by a jury) to punish these Defendants for their grossly negligent, wanton, and/or reckless misconduct as described more fully above and to deter others from similar misconduct in the future. FOR A FIFTH CAUSE OF ACTION AGAINST THE CORPORATE DEFENDANT YICARIOUS LIABILITY/NON-DELEGABLE DUTY. 55. Plaintiff re-alleges the above paragraphs by reference as if recounted at length herein. 56. In operating a hospital emergency room the Corporate Defendant had a non-delegable duty to provide emergency room care and treatment to patients in its emergency rooms even if it staffed its emergency room with physicians who were not its employees. 57. Accordingly, and in the event that the Corporate Defendant claims or alleges Defendants Sorour and/or Jones were not its employee, Plaintiff pleads the non-delegable duty doctrine as an independent basis for liability against the Corporate Defendant.58. As the duly appointed personal representative of the Estate of Patrick Eugene Kelly, Lela Glenn Kelly hereby makes demand against the Corporate Defendant on behalf of Mr. Kelly and/or the estate of Patrick Eugene Kelly, for all damages suffered by Mc. Kelly as aresult of Defendants’ conduct as more fully described above. Further, Plaintiff seeks an appropriate amount of punitive damages (as determined by a jury) to punish Defendants for its grossly negligent, wanton, and/or reckless misconduct as described more fully above and to deter others from similar misconduct in the future. WHEEFORE, Plaintiff prays that the Court find for the Plaintiff and against Defendants (jointly and severely) and that Plaintiff be awarded all damages allowed by Jaw (including punitive damages in a reasonable amount as determined by a jury), that Defendants be taxed with the cost of this action and that the Court award such additional and further relief, in law or equity, that the Court deems just and proper. In accordance with the United States Constitution and South Carolina Constitution, Plaintiff demands a trial by jury. JWR Robert D. Dodson Law Offices of Robert Dodson, P.A. 1722 Main Street, Suite 200 Columbia, S.C. 29201 Telephone: (803) 252-2600 Fax: (803) 771-2259 Email: rdodson@rdodsonlaw.com AND H. Jonathan Harling Harling and West 1722 Main Street, Suite 200 10Columbia, SC 29201 ‘Telephone: (803) 252-2050 Email: jharling@harlingandwest.com Attorneys for Plaintiff Columbia, South Carolina January 19, 2017 u