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Case: 4:12-cv-03012 Doc
1 Filed: 12/10/12 1 of 10.
PagelD
1
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
ADDA M. PAXSON
1439 Buckeye Circle
Salem OH 44460
CASE NO
JUDGE:
GAYLE PAXSON
1439 Buckeye Circle
Salem OH 44460
Plaintiffs,
COMPLAINT:
VS.
NEGLIGENCE/MALPRACTICE;
LOQUITOR; PUNITIVE
RENAL CARE GROUP EASTERN OHIO, LLC
D/B/A Fresenius Medical Care Salem South
2345 East Pershing St. Salem, Ohio 44460
RES IPSA
DAMAGES
Defendant.
Statutory Agent:
CT CORPORATION
1300 East 9th Street
Cleveland, Ohio 44114
Now
referred
to as
come
Plaintiffs, Adda
"Plaintiff" Or "Plaintiffs",
Complaint against Defendant,
by
Renal Care
M. Paxson and
and
through
Group
Care Salem South hereinafter, sometimes referred
the
Eastern
to as
Gayle
Paxson
hereinafter,
undersigned counsel,
Ohio,
sometimes
and. for their
LLC d/b/a Fresenius Medical
"Defendant"
or
"FMC",
states as
follows:
Case: 4:12-cv-03012 Doc
1 Filed: 12/10/12 2 of 10.
JURISDICTION, VENUE AND
Plaintiff, Adda
1.
was a
patient
at
M.
Paxson,
at
INTRODUCTION
all times relevant
Fresenius Medical Care Salem South
2
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to
receiving dialysis
the time of the injury
several times
treatment
weeldy at 2345 East Pershing St. Salem, Ohio 44460.
Plaintiff, Adda
2.
for more than
a
year
M. Paxson. had. been
prior to her January 17,
2012
treatin.g in Defendant's dialysis facility
injury.
3.
Plaintiff, Gayle Paxson is the husband of Adda
4.
The facts giving rise
to
M. Paxson.
Plaintiffs' claims for relief
arose
in the
City of
Salem, County of Columbian.a and. State of Ohio.
At all relevant times, FMC is
5.
organization listed
to
foreign
limited
liability
company
business in the State of Ohio, County of Columbiana, and with its
conducting
believed
a
as
Delaware and its
principle
corporate
state
of
headquarters (nerve center)
be in the State of Massachusetts.
6.
Cleveland, Ohio
At all relevant times, CT
44114 is listed
on
agent authorized by appointment
7.
Prior
to
the Ohio
or
Corporation System,
1300 East
Secretary of State's official website
as
9th
Street
the statutory
by law to receive service of process for the Defendant.
January 17, 2012, Ad.&
M. Paxson resided in
an.
assisted
living
nursing home known as Salem Care.
S.
incapable
At the time of her
injury
of transfer from her wheelchair
to
At all times relevant
to
on
January 17, 2012, Adda
M. Paxson
Defendant's
dialysis
her
was
chair without Defendant's
assistance.
9.
was
known
by
Defendant
to
be
dialysis chair without assistance.
incapable
injury
on
of transfer from her wheelchair
to
M. Paxson
Defendant's
Case: 4:12-cv-03012 Doc
10.
to
1 Filed: 12/10/12 3 of 10.
to
Plaintiff's
patient's requiring assistance from wheelchairs
assist
11.
to
her
injury
PagelD
3
injury, Defendant provided employees
to
its
on
dialysis chairs.
M. Paxson
assistance with all tran.sfers from her wheelchair to Defendant's
required Defendant's
dialysis
chair.
12.
aware
Adda M. Paxson
Defendant's
required
her
to
injury
on
January 17, 2012, Defendant
was
assistance with all transfers from her wheelchair to
dialysis chair.
13.
was/were assisting Plaintiff in
her injury, Defendant's
employee
or
employees
transferring from her wheelchair to the dialysis chair.
Prior to the
14.
to
January 17,
2012
injury, Defendant had assessed Adda
M.
Paxson's risk for falls.
At the time of Plaintiff's
15.
that Adda M. Paxson was
2012
assessment
injury, Defendant
was aware
fall risk.
At the time of Plaintiff's January 17, 2012
16.
falls risk
a
January 17,
of Adda M. Paxson determined that she
injury, Defendant's
was
in the
most recent
category of "most risk"
for falls.
17.
falls risk
assessment
for being unsteady
on
18.
falls risk
for poor
assessment
eyesight.
of Adda M. Paxson. determined that she
injury, Defendant's most recent.
was
in the "most risk"
category
feet.
of Adda M. Paxson determined. that she
injury, Defendant's most recent
was
in the "most risk" category
Case: 4:12-cv-03012 Doc
19.
falls risk
1 Filed: 12/10/12 4 of 10.
assessment
of Adda M. Paxson. determined, that she
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4
injury, Defendant's most
was
in. the
recent
for physical disabilities.
20.
falls risk
for
assessment
of Adda M. Paxson determined, that she
was
in the
recent
multiple diagnoses.
At the time of Plaintiff's january 17, 2012
21.
falls risk
assessment
was
in the
recent
for multiple medications.
22.
falls risk
assessment
injury, Defendant's most recent
was
in the category of "most risk"
for previous fall.
23.
recent
2012
injury, the Defendant's
most
January 17,
2012
most
ambulatory assessment of Adda M. Paxson recorded that she had previously fallen.
25.
recent
January 17,
ambulatory assessment of Adda M. Paxson determined that she had chronic dizziness.
24.
recent
ambulatory
assessment
January 17,
2012
most
of Add.a M. Paxson recorded that she had chronic increased
weakness.
26.
recent
ambulatory
assessment
January 17,
2012
of Adda M. Paxson recorded her
ambulatory
most
status
as
wheelchair.
27.
high risk for falls.
On the
day
of the
injury, Defendant considered Adda
M. Paxson
to
be
a
1 Filed: 12/10/12 5 of 10.
Case: 4:12-cv-03012 Doc
28.
fallen
to
be
Defendant had
a
policy
which considered
5
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patients that had previously
automatically categorized as a high risk for falls.
follow its
29.
Defendant failed
30.
to
policy for timely
assessment
of Plaintiff's
risk for falls.
follow FMS
procedures
for
injury, Defendant's employee had failed
transferring patients
assessed
as
in the "most risk"
to
category for
falls.
31.
Paxson fell while
chair
at
being
morning of January 17,
transferred by
a
single
2012 at
FMC
approximately
employee from
a
11:15 AM Adda M.
wheelchair
to a
dialysis
FMC.
32.
a
On the
At the emergency room,
an
Ival revealed Adda M. Paxson had sustained
right frontal subdural hematoma.
33.
emergency
Adda M. Paxson
was
lifeflighted
to
St. Elizabeth
where
Hospital,
an
craniotomy was performed.
34.
Adda M. Paxson remained unconscious until
35.
Adda M. Paxson has and will continue
36.
Adda M. Paxson has remained in
to
May of 2012.
require the
use
of
a
feeding
tube.
a
skilled
care
facility
for
treatment.
of
her injuries since january 17, 2012.
37.
care
Adda M. Paxson will, with reasonable medical certainty,
require skilled
for the balance of her life.
COUNT ONE
Negligence/Malpractice
38.
as
Plaintiffs
reallege
and reaffirm
though fully restated and. incorporated herein.
paragraphs 1 through
37 of this
Complaint
1 Filed: 12/10/12 6 of 10.
Case: 4:12-cv-03012 Doc
Defendant, by and through its employees and/or agents, was under a duty
39.
to exercise
6
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the standard of care
required of a medical facility necessary to safely transfer patients
with ambulatory limitations.
its
employees,
duties, Defendant's negligent conduct, by and through
In breach of those
40.
caused. Adda M. Paxson
to
suffer
a severe
closed head injury and. permanent brain
damage.
As
41.
treatment, Adda M.
a
direct and
Paxson has suffered and. will
emotional distress and anxiety,
a
continue to suffer
loss of enjoyment of life,
increased, risk of harm, and permanent
care
proximate result of Defendant's negligent
care
and.
pain and. discomfort,
inability to perform usual activities,
an
injuries, and has incurred medical, hospital, acute/skilled
nursing home costs for the treatment of the injuries.
Dr. Abbas
42.
Sadeghian's Affidavit of Merit is attached as Exhibit 1.
COUNT TWO
Negligence/
Plaintiffs
43.
as
Violation of Reasonable Care
reallege
and reaffirm paragraphs 1
through 43
of this
Complaint
though fully restated and incorporated herein.
Defendant is
44.
transfers regularly
than
a
dialysis
clinic where
patients that require
assistance with
treat.
45.
more
a
year prior
Plaintiff Adda M. Paxson had been
to
a
regular patient of the Defendant for
her injury.
46.
Plaintiff Adda M. Paxson
47.
was
in the
care
of the Defendant
at
the time of
the injury.
Defendant's
was
unable
d.ialysis chair without Defendant's assistance.
to
transfer from her wheelchair
to
1 Filed: 12/10/12 7 of 10.
Case: 4:12-cv-03012 Doc
48.
Defendant was
with transfers from her wheelch.air
49.
Defendant
to
that the Plaintiff Adda M. Paxson needed assistance
aware
the
7
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dialysis chair at the time of the injury.
was aware
that Plaintiff Adda M. Paxson
was
in
category of
a
50.
Defendant failed
M. Paxson from her wheelchair to its
to
take reasonable
care to
safely
transfer Plaintiff Adda
dialysis chair.
As the result of Defendant's failure
to
exercise reasonable
transfer of Plaintiff Adda M. Paxson from her wheelchair
to
the
51.
dialysis
chair
care
on.
in the
January 17,
2012, Plaintiff Adda NI. Paxson sustained serious and permanent injury.
COUNT THREE
Negligence/
Violation of Defendant's
considered
52.
as
Plaintiffs
reallege
standard of care for
own
as
and reaffirm
paragraphs 1 through 51
of this
Complaint
53.
Defendant had.
an
established standard for
that were
categorized as high risk for falls.
54.
Defendant failed
55.
As the result of Defendant's failure
to
transfer of Plaintiff Adda M. Paxson. from. her wheelchair.
to
to
follow its standard for
transferrin.g high risk patients.
exercise reasonable
.the
dialysis
chair
on
care
in the
january 17,
2012, Plaintiff Adda M. Paxson sustained serious and permanent injury.
COUNT FOUR
Res
56.
as
Plaintiffs
reallege
Ipsa Loquitor
and reaffirm
paragraphs 1 through 55
of this
Complaint
though fully restated and. incorporated. herein.
57.
renal dialysis
at
At all times material
Defendant's clinic.
hereto, Ad.da
M. Paxson
was a
patient undergoing
1 Filed: 12/10/12 8 of 10.
Case: 4:12-cv-03012 Doc
58.
a
wheelchair
to a
hereto, Adda
M. Paxson
8
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was
unable
to
transfer from
dialysis chair without the assistance of Defendant.
59.
and/or method of safely
60.
hereto, Defendant had exclusive control of the
means
transferring Adda lvi. Paxson. from a wheelchair to a dialysis chair.
hereto, without Defendant's failure
Plaintiff Adda NI. Paxson from her wheelchair
to
the
dialysis chair,
to
safely
transfer
would not have fallen and suffered. injury.
61.
On
January 17, 2012,
transferred from her wheelchair
62.
As
a
to a
Adda M. Paxson fell
to
the floor while
being
dialysis chair by Defendant's employee.
direct and
proximate result of Defendant's negligence, Plaintiff Adda
M. Paxson sustained serious and permanent
injury.
COUNT FIVE
Punitive
63.
as
Damages
Plaintiffs reallege and reaffirm paragraphs 1
through 62 of this Complaint
64.
Defendant had a
policy that "automatically" considered patients with a
previous history of falls to be at high risk for falls.
history of falls.
65.
Plaintiff Adda M. Paxson had a previous
66.
Defendant was
aware
that Plaintiff Adda NI. Paxson had a
67.
Defendant was
aware
that Plaintiff Adda M. Paxson had a multifactor risk
prior history of
falls.
for falls,
including
medical diagnoses,
chronic dizziness,
inability
to
stand
steadily, multiple physical disabilities,
multiple medications and past history of falls.
1 Filed: 12/10/12 9 of 10.
Case: 4:12-cv-03012 Doc
Defendant
68.
was aware
risk category for falls, and that its failure
to
PagelD
that Plaintiff Adda M. Paxson
exercise reasonable
care
was
9
in the
in transfers would
highest
probably
result in injury.
Defendant's action and/or inaction
69.
was
in total
disregard
of its
duty
to
safely transfer its handicapped. patient from her wheelchair to the dialysis chair.
Defendant's conduct,
70.
and/or malicious,
counts
entitling
Plaintiffs
to an
as set
forth above,
award of
was
reckless, will ful,
wanton,
punitive damages and attorney fees
on.
all
alleged above.
COUNT SIX
Loss of consortium and services
Plaintiffs
71.
as
reallege and reaffirm paragraphs 1 through 70 of this Complaint
72.
hereto, Plaintiff Gayle
Paxson is/was the husband
As the result of the
injuries negligently caused
of Adda M. Paxson.
73.
Paxson, Plaintiff
Gayle
to
his wife Adda M.
Paxson has suffered and will continue to suffer the loss of his wife's
consortium and services.
WHEREFORE,
as
to
Counts One
through
against Defendant for compensatory and punitive damages
(S2, 000, 000.00), plus interest,
appropriate.
Four Plaintiffs pray for
in
an amoun.t
judgment
of Two Million Dollars
costs, attorneys fees and any other relief that this Court deems
Case: 4:12-cv-03012 Doc
1 Filed: 12/10/12 10 of 10.
PagelD
10
Respectfully submitted,
RICHARD P. GIBBS
(0002767)
Attorney for Plaintiffs
Richard P. Gibbs & Associates, LLC
1001 South Main Street
North Canton OH 44720
Phone:
330-497-0979
Facsimile: 330-497-2699
Email:
[email protected]
JURY DEMAND
Plaintiffs hereby demand
a
trial by jury on all issues
so
triable in
ibis matter.
RICHARD P. GIBBS (0002767)
Attorney for Plaintiff
1-1 Filed: 12/10/12 1 of 2.
Case: 4:12-cv-03012 Doc
JS 44
11
PagelD
CIVIL COVER SHEET
(Rev. 10/4/11)
The JS 44 civil coversheet and the inforrmtion contained herein neither replace nor supplenent the filing and service of pleadngs or other papers as inquired by law, except as puvided
by local mles of court. This form, approved by the Judicial Conference of the United States inSeptember 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INS:m[1(777MS ON NEXT PAGE OF MIS FORM)
I.
DEFENDANTS
Renal Care Group Eastern Ohio, LLC, dba
(a) PLAINTIFFS
Adda M. Paxson
Gayle Paxson
Plaintiff
(b) County of Residence of First Listed
(EXCEPT IN U.S.
County
adumbiana
of Residence of First Listed Defendant
(IN U.S.
PLAINTHT CASES)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
NOTE:
Attorneys (IfKnown)
(c) Attorneys (Firm Name, Address, and Telephone Number)
1001 S. Main Street, North Canton, Ohio 44720
(330) 497-0979 S.Ct. No. 0002767
II. BASIS OF JURISDICTION
(Place
an
"X" in One Box
Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an
0 3
U.S. Government
Federal
Plaintiff
0 2
(U.S.
X4
U.S. Government
Defendant
Question
PTF
Government Not a Party)
Diversity
(Indicate Citizenship of Parties in Beni III)
X
Citizen of Another State
0 2
0
2
Incorporated and Principal
0
5
X
or Subject of a
Foreian Country
0 3
0
3
Foreign
0
6
0 6
O 153
O
O
O
O
(Excl. Veterans)
Recovery of Overpayment
Airplane
Airplane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Marine
0 345 Marine Product
X 362 Personal Injury
Malpractice
Med.
Voting
Employment
Housing/
0 441
0 442
0 443
Habeas
Accommodations
0 445 Amer. yr/Disabilities
Employment
0 446 Amer. w/Disabilities
Other
0 448 Education
V. ORIGIN
EX 1 Original
(Place
0
2
Proceeding
an
0 1
Place
of Business In Another State
Nation
"A— i» One Box
Removed from
State Court
0 690 Other
1
0 530
0 535
0 540
0 550
0 555
0 560
General
Death Penalty
Mandamus & Other
Civil Rights
Prison Condition
Civil Detainee
Conditions or
Confinement
710 Fair Labor Standards
Act
720 Labor/Mgmt. Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc.
Security Act
3
Remanded from
Diversity 28 U.S.C. Sec. 1332
VI. CAUSE OF ACTION.....
of cause:
Brief
are
0 470 Racketeer Influenced and
Corrupt Organizations
0
SOCIAL SECURITY
861 I4IA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
0
865 RS1 (405(g))
0
0
0
0 480 Consumer Credit
0 490 Cable/Sat TV
0 850 Securities/Commodities/
Exchange
0 890 Other Statutory Actions
0 891 Agricultural Acts
0 893 Environmental Matters
0 895 Freedom of Information
Act
0 896 Arbitration
0 899 Administrative Procedure
Act/Review or Appeal of
FEDERAL TAX SUITS
0 870 Taxes (U.S. Plaintiff
or
Defendant)
0 950
Agency Decision
Constitutionality
of
State Statutes
IMMIGRATION
0 462 Naturalization Application
0 463 Habeas Corpus
Alien Detainee
(Prisoner Petition)
0 465 Other Immigration
Actions
0 4 Reinstated
Appellate Court
0 430 Banks and Banking
0 450 Commerce
0 460 Deportation
PROPERTY RIGHTS
0 871 IRS—Third Party
26 USC 7609
Only)
0
0 375 False Claims Act
0 400 State Reapportionment
0 410 Antitrust
0 820 Copyrights
0 830 Patent
0 840 Trademark
Corpus:
Cite the U.S. Civil Statute under which you
or
0
5
Transferred from
another district
0 6
Multidistrict
Litigation
Reopened
(specifi,
filing (Do not rite jurisdictional statutes unless diversity):
description
VH.
REQUESTED
IN
COMPLAINT:
VIII. RELATED
IF ANY
brain dmg. from fall c/b viol, of standard of care during
DEMAND
L7 CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
2, 000, 000.00
CASE(S)
(See instructions):
patient transfer from
wheelchair to
CHECK YES
only
dialysis chair.
if demanded in
JURY DEMAND:
DOCKET NUMBER
JUDGE
SIDNATU:RE OF A170i NEY OF RECORD
DATE
12/05/2012
FOR OFFICE USE ONLY
RECEIPT
AMOUNT
5
OTHER STATUTES
BANKRUPTCY
0 422 Appeal 28 USC 158
0 423 Withdrawal
28 USC 157
Drug Related Seizure
a Property 21 USC 881
LABOR.
PRISONER PETITIONS
0 510 Motions to Vacate
Sentence
CIVIL RIGHTS
0 440 Other Civil Rights
0 210 Land Condemnation
0 220 Foreclosure
0 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property
0 365 Personal Injury
Product Liability
0 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
0 625
PERSONAL PROPERTY 0
0 370 Other Fraud
0 371 Truth in Lending
0
0
0 380 Other Personal
0
Property Damage
0 385 Property Damage
Product Liability
0
0
Injury
REAL PROPERTY
PERSONAL INJURY
Liability
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
of Veteran's Benefits
160 Stockhoklers' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
1
ORFEITURE/PENALTY
TORTS
PERSONAL INJURY
0 310
0 315
I
"X" in One Box Only)
CONTRACT
O 110 Insurance
O 120 Marine
O 130 Miller Act
O 140 Negotiable Instmment
O 150 Recovery of Overpayment
& Enforcement ofJudgment
O 151 Medicare Act
O 152 Recovery of Defaulted
Student Loans
DEP
Citizen of This State
Citizen
IV. NATURE OF SUIT (Place an
"X" in One Box fbr Plaintifl)
and One Box for Defendant)
PTE
DEE
0 4
0 4
Incorporated or Principal Place
of Business In This State
(For Diversity Cases Only)
O I
Columbiana
PLONTIFF CASES ONLY)
APPLYING IFP
JUDGE
MAG. JUDGE
V Yes
complaint:
0 No
1-1 Filed: 12/10/12 2 of 2.
Case: 4:12-cv-03012 Doc
12
PagelD
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
I.
Civil
1.
Categories: (Please
1
one
category only).
General Civil
Administrative Review/Social
2.
3.
check
Ell
*If under Title 28,
Habeas
§2255,
name
Corpus
Death
Security
Penalty
the SENTENCING JUDGE:
CASE NUMBER:
provides in pertinent part: "If an action is filed or removed to this Court
assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
RELATED OR REFILED CASES. See LR 3.1 which
and
This action is
If
RELATED to another PENDING civil
applicable, please indicate on page
VIII, the
1 in section
case.
name
J
This action is
of the
Judge
and
case
REFILED
pursuant
to LR 3.1.
number.
involving counties in the Eastern Division shall be filed at any of the
counties in the Western Division shall be filed at the Toledo office. For the
the proper division, and for statistical reasons, the following information is requested.
In accordance with Local Civil Rule 3.8, actions
divisional offices therein. Actions
purpose of
determining
involving
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
Resident defendant. If the defendant resides in
(1)
a
county within this district, please
set forth the
name
of such
county
COUNTY:
Corporation For the purpose of answering the above,
it has its
principal place
(2)
Non-Resident defendant. If
wherein the cause of action
COUNTY: Columbiana
Other Cases. If
(3)
a
corporation
is deemed to be
a
resident of that
county in which
of business in that district.
no
no
defendant is
arose or
defendant is
a
a
the event
resident of
complained
resident of this district,
or
a
county in this district, please set forth the county
of occurred.
if the defendant is
place of business within the district, and the cause of action arose
this district, please set forth the county of the plaintiff's residence.
or
a
corporation not having a principle
complained of occurred outside
the event
COUNTY:
IV.
The Counties in the Northern District of Ohio
determined in Section III,
please
check the
are
divided into divisions
as
shown below. After the
county is
appropriate division.
EASTERN DIVISION
ElAKRON
I-
1
CLEVELAND
YOUNGSTOWN
(Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne)
(Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake,
Lorain, Medina and Richland)
(Counties: Columbiana, Mahoning and Trumbull)
WESTERN DIVISION
LITOLEDO
(Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry,
Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca
VanWert, Williams, Wood and Wyandot)
Case: 4:12-cv-03012 Doc
1-2 Filed: 12/10/12 1 of 1.
PagelD
13
AFFIDAVIT OF ABBAS SADETHIAN, PH.D.
I, ABBAS SADEGHIAN, PH. D., after first
law,
state on
my
being duly sworn and deposed according
personal knowledge and belief as follows:
1.
I
am a
resident of the State of Ohio and. I and more than 18 years old.
2.
I
am a
licensed
I
currently
Psychologist in the State of Ohio.
devote
clinical practice
accredited school.
4.
to
least three-fourths of my professional time to the active
of clinical neuropsychology, or to its instruction, in. an
at
I have reviewed all of the medical records
reasonably available to Adda
allegations of negligence/malpractice against Fresenius
Paxson
concerning the
Medical
Center.
5.
Based on my education, training and experience, I am familiar with the
standard of care for transfer of elderly patients in medical facilities and am
familiar with the treatment Mrs. Paxson received following her January 17,
2012
injury.
opinion that
6.
Fresenius Medical Center breached the standards of
the transfer of Adda Paxson on January 17, 2102.
7.
opinion that Fresenius Medical Center's breach of the standards
of care proximately caused injury to Adda Paxson necessitating medical
It is my
care
in.
It is my further
physical care as set forth in the attached Exhibit A.
Further Affiant Sayeth Naught.
treatment
Date:
and
acute
S—
ABBAS SADEGHIAN, PH. D.
t
STATE OHIO
SS:
COUNTY OF STARK
BEFORE ME, a Notary Public in and for said county and state, personally appeared
ABBAS SADEGHIAN, PH.D., who acknowledged that he did sign the foregoing instrument,
that the same is his free act and deed, and that the statements contained therein are true,
and. that he has personal knowledge of the same.
I N TESTIMONY
Ohio Stark
County
WHEREOF, I have hereunto
this
5th day of December,
rjurn.4 at EA*
T;
14
0; uhio
Cv
set
my hand and official seal
2012.
Nowy
EXHIBIT
:5
.0
Pu lic
at
Canton,
Case: 4:12-cv-03012 Doc #: 1-3 Filed: 12/10/12 1 of 2. PageID #: 14
AO 440 (Rev. 12/09) Summons in a Civil Action
for the
Northern
District
Ohio
__________
District
ofof
__________
Adda M. Paxson
Gayle Paxson
Plaintiff
v.
Defendant
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Renal Care Group Eastern Ohio, LLC, dba
2345 East Pershing Street
Salem Ohio 44460
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Richard P. Gibbs
North Canton, Ohio 44720
Ph: 330-497-0979
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
.
’ I personally served the summons on the individual at (place)
on (date)
; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
’ I returned the summons unexecuted because
; or
’ Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Richard P. Gibbs, Attorney for Plaintiff
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
.
AO 440 (Rev. 12/09) Summons in a Civil Action
for the
Northern
District
Ohio
__________
District
ofof
__________
Adda M. Paxson
Gayle Paxson
Plaintiff
v.
Defendant
)
)
)
)
)
)
)
Civil Action No.
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Statutory Agent
CT Corporation
1300 East 9th Street
Cleveland, Ohio 44114
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Richard P. Gibbs
Ph: 330-497-0979
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
.
’ I personally served the summons on the individual at (place)
on (date)
; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
’ I returned the summons unexecuted because
; or
’ Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Richard P. Gibbs, Attorney for Plaintiff
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
0.00
.

complaint - AboutLawsuits.com

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