IN THE DISTRICT COURT OF OKLAHOMA COURTS
STATE OF OKLAHOMA
BRADLEY VONASCHEN and
KATIE VONASCHEN, individually and as parents and next friend of LOGYN VONASCHEN, an incapacitated minor child,
Plaintiffs,
v.
OU MEDICINE, INC.,
OU HEALTH PARTNERS, INC.,
ANAND SRINIVASAN, M.D.,
CHRISTA NIED, D.O.,
MATTHEW NAUMANN, M.D.,
LANDON COULTER, R.N., and
ALEA WRIGHT, R.N.,
Defendants.
PETITION
COMES NOW, the Plaintiffs, Bradley VonAschen and Katie VonAschen, individually and as parents and next friend of Logyn VonAschen, an incapacitated minor child, by and through their counsel of record, Joel A. LaCourse and Rebecca J. David of LaCourse Law, PLLC, and hereby state their claims against the Defendants, OU Medicine, Inc., OU Health Partners, Inc., Anand Srinivasan, M.D., Christa Nied, D.O., Matthew Naumann, M.D., Landon Coulter, R.N., and Alea Wright, R.N. In support of their causes of action, Plaintiffs hereby allege and state as follows:
PARTIES
1. Plaintiffs Bradley and Katie VonAschen are the natural parents of Logyn VonAschen (hereinafter "Logyn") and currently are residents of Tulsa County, State of Oklahoma.
2. At all times relevant hereto, Defendant OU Medicine, Inc. is a domestic not-for-profit corporation that conducts business in the State of Oklahoma, including, but not limited to, Oklahoma County. OU Medical Center, Inc. and OU Health, Inc. are active tradenames for OU Medicine, Inc.
3. At all times relevant hereto, Defendant OU Health Partners, Inc. is a domestic not-for-profit corporation that conducts business in the State of Oklahoma, including, but not limited to Oklahoma County. OU Health Physicians is an active tradename for OU Health Partners, Inc.
4. At all times relevant hereto, Defendant Anand Srinivasan, M.D. (hereinafter “Dr. Srinivasan”), was a practicing physician at OU Medical Center in Oklahoma County, State of Oklahoma, who held himself out to the public and to Plaintiffs as being capable and qualified to provide, manage, and oversee pediatric hematological procedures, including bone marrow transplants. Dr. Srinivasan is a member of OU Health Physicians.
5. At all times relevant hereto, Defendant Christa Nied, D.O. (hereinafter, “Dr. Nied”), was a practicing physician at OU Medical Center in Oklahoma County, State of Oklahoma, who held herself out to the public and to Plaintiffs as being capable and qualified to provide, manage, and oversee pediatric medical procedures, including chemotherapy and preparation for bone marrow transplants.
6. At all times relevant hereto, Defendant Matthew Naumann, M.D. (hereinafter, “Dr. Naumann”), was a practicing physician at OU Medical Center in Oklahoma County, State of Oklahoma, who held himself out to the public and to Plaintiffs as being capable
and qualified to provide, manage, and oversee pediatric critical care, including evaluating patients who are suffering from traumatic brain bleeds.
7. Upon information and belief, Defendant Landon Coulter, R.N. (hereinafter, "Nurse Coulter"), was an employee and nurse at OU Medical Center in Oklahoma County, State of Oklahoma, at all times relevant hereto.
8. Upon information and belief, Defendant Alea Wright, R.N. (hereinafter, "Nurse Wright"), was an employee and nurse at OU Medical Center in Oklahoma County, State of Oklahoma, at all times relevant hereto.
JURISDICTION AND VENUE
9. This action is brought before this Court so that it may exercise subject matter jurisdiction on any basis consistent with the Constitution of the United States and the Constitution of the State of Oklahoma. See 12 O.S. §2004(F).
10. Venue is proper for the reason that one or multiple of the Defendants are situated in or reside in Oklahoma County, State of Oklahoma. 12 O.S. §§ 134, 139.
11. This action is brought before this Court against businesses and physicians that are licensed under the laws of the State of Oklahoma for damages and injuries based on torts arising out of patient care.
12. Pursuant to 12 O.S. § 2004(F), this Court has subject matter jurisdiction over the claims asserted herein.
FACTS COMMON TO ALL CAUSES OF ACTION
13. Plaintiffs herein incorporate by reference the allegations contained in the foregoing paragraphs as if fully set forth herein.
14. Logyn is a twelve (12) year-old boy who was diagnosed with thrombocytopenia and severe aplastic anemia around June of 2023.
15. To treat his aplastic anemia, Logyn was ultimately scheduled to receive a matched unrelated donor bone marrow transplant ("MUD-BMT") at the Oklahoma Children's Hospital OU Health which is located within OU Medical Center.
16. Logyn was admitted to OU Medical Center on December 12, 2023, in preparation for his MUD-BMT which was scheduled for December 19.
17. Upon admission, Logyn’s vital signs and lab work indicated he had high blood pressure and low platelet levels.
18. During chemotherapy preparation for the MUD-BMT, Logyn began experiencing transient headaches. He also continued to experience elevated blood pressure and dropping platelet counts.
19. In response to Logyn’s symptoms during chemotherapy, Dr. Nied prescribed as-needed hydralazine for when Logyn’s blood pressure exceeded 130/80. Dr. Nied also placed a standing order for platelet transfusions as needed to keep Logyn’s levels above 10,000/ul.
20. Logyn’s MUD-BMT began on December 19, 2023, overseen by Dr. Srinivasan, and initially performed by Nurse Coulter.
21. Nurse Coulter authored no nursing note or handoff note to memorialize his time performing and overseeing Logyn’s transplant.
22. Within one (1) hour of the transplant beginning, Logyn began to experience an excruciating, pounding headache. By 12:30 p.m., Logyn reported a ten (10) out of ten (10) pain for his headache.
23. In response to his pain, Nurse Coulter administered oxycodone and morphine to Logyn, and then reported Logyn’s pain was at a one (1) out of ten (10).
24. Logyn never claimed his headache was a one (1) out of ten (10) during his MUD-BMT, as the lowest pain score he reported on December 19 was a four (4) out of ten (10).
25. Logyn’s headache continued to persist throughout his MUD-BMT, warranting additional pain medication. By 7 p.m., Logyn reported a seven (7) out of ten (10) headache. At 8:54 p.m., Logyn reported a pain level of ten (10) out of ten (10).
26. Logyn’s headache was notably made worse by laying down.
27. In addition to his headache, Logyn suffered continuously high blood pressure and low platelet levels during his MUD-BMT.
28. At approximately 7:00 p.m., Nurse Wright measured Logyn’s blood pressure to be at 179/128. Nurse Wright gave Logyn hydralazine in response.
29. Nurse Wright incorrectly recorded Logyn’s blood pressure as 152/119 for this specific measurement in her nursing note.
30. Upon hearing that Logyn had elevated blood pressure, Dr. Srinivasan instructed Nurse Wright to monitor Logyn’s blood pressure closely, administer pain medication, and administer medication to lower his overall fluid levels.
31. Shortly after Nurse Wright followed Dr. Srinivasan’s orders, Logyn began exhibiting abnormal neurological behaviors. Specifically, Logyn fell asleep but would wake up every five (5) minutes gasping for air. Logyn also became combative and attempted to remove his catheter line.
32. Nurse Wright alerted Dr. Srinivasan of Logyn’s behavioral changes, and Dr. Srinivasan instructed her to sedate him.
33. At approximately 8:54 a.m., Logyn awoke to take another dose of pain medicine and the sedative. Nurse Wright recorded his blood pressure remained elevated at 152/119 and that Logyn’s pain was at a ten (10) out of ten (10).
34. By 8:54 p.m., Logyn’s MUD-BMT had been going on for nearly ten (10) hours.
35. Ordinarily, bone marrow transplants typically last only one (1) to two (2) hours.
36. Logyn received no neurological evaluation, CT scan, or other diagnostic evaluation in relation to his extreme headache, high blood pressure, low platelet counts, and behavioral changes before 10:16 p.m.
37. At approximately 10:16 p.m., Logyn began suffering seizures. A rapid response team was called and Logyn was taken for a CT scan, which revealed a large intracranial hemorrhage. Logyn was then transferred to the pediatric intensive care unit, intubated, and prepped for an emergent left hemicraniectomy.
38. During this preparation, Dr. Naumann performed a Baseline Functional Status evaluation on Logyn, and reported that his mental status, sensory functions, communication, motor function, feeding, and respiratory function were all normal – even though Logyn was unresponsive, immobile, tonic posturing, and otherwise obviously abnormal.
39. Logyn entered the operating room at 1:05 a.m., on December 20, 2023. Surgery was not able to immediately begin because Logyn’s platelet levels were permitted to drop too low. Logyn’s surgery was delayed by over one (1) hour so that several units of platelets could be administered.
40. Logyn’s hemicraniectomy began at 2:11 a.m. By the time Logyn’s skull was able to be opened, his brain had become “rock hard” and started to herniate significantly out of
his skull. Efforts were turned to stopping the bleeding from Logyn's brain, closing the craniectomy sight, and stabilizing Logyn's blood count.
41. Logyn was expected to not survive the day following his surgery. However, Logyn still lives.
42. Logyn now requires full-time palliative care from medical professionals and his own family.
43. Logyn has suffered numerous health consequences as a result of his intracranial hemorrhage. Specifically, Logyn is minimally responsive, likely blind, and unable communicate. Logyn has been diagnosed with pancytopenia, intraparenchymal hematoma of the brain, intraventricular hemorrhage, anoxic brain damage, autonomic instability, deep vein thrombosis, tachycardia, dysphagia, risk for seizures, and more.
44. High blood pressure, low platelet counts, and severe headaches are all symptoms of intracranial hemorrhage during a MUD-BMT.
45. Severe headaches that are worsened by lying down are indicative of an intracranial hemorrhage.
46. Despite the presence of these known symptoms and indicators of an intracranial hemorrhage, Logyn did not receive any diagnostic evaluation until after he began experiencing seizures, when significant damage had already been done to his brain.
47. As a result of Defendants' acts and omissions, Plaintiffs suffered major life-changing injuries.
48. The acts or omissions giving rise to this action were committed by the Defendants, the agents, servants, and/or employees of the Defendants.
CAUSES OF ACTION
FIRST CLAIM FOR RELIEF
(Negligence/Respondent Superior/Ostensible Agency/Wrongful Death against all Defendants)
49. Plaintiffs herein incorporate by reference the allegations contained in the foregoing paragraphs as if fully set forth herein.
50. Logyn suffered catastrophic injuries, and ultimately incapacitation, as a direct and proximate result of the departures from reasonable medical care and treatment by Defendants Dr. Srinivasan, Dr. Nied, Dr. Naumann, Nurse Coulter, Nurse Wright, and those who permitted or assisted in their negligence. The conduct, when viewed in its totality and compared with reasonably accepted standards, must be characterized as unacceptably deficient and factually negligent. These acts and omissions complained of herein include but are not limited to, the following:
a. Defendants embarked upon a method and course of treatment which they knew or should have known would have serious and life-threatening consequences for Logyn.
b. Defendants failed to appreciate the significance of Logyn's signs and symptoms which they knew or should have known would cause catastrophic injuries.
c. Defendants failed to take proper steps to protect the safety and well-being of their patient, Logyn, to whom they owed a duty to exercise reasonable care.
d. Defendants failed to diagnose, monitor, and treat Logyn when they knew or should have known that their method and course of treatment could lead to catastrophic injury.
e. Defendants, particularly Dr. Srinivasan, Nurse Coulter, and Nurse Wright, failed to timely respond to the known signs and symptoms of intracranial hemorrhage that were exhibited by Logyn, which permitted Logyn’s intracranial hemorrhage to worsen and caused Logyn to suffer his extreme, debilitating injuries.
f. Defendants, particularly Dr. Naumann, Nurse Coulter, and Nurse Wright, failed to keep accurate records of Logyn’s functional abilities, pain scores, and vital signs, which contributed to his lack of adequate, timely care and his catastrophic injuries.
g. Defendants failed to implement and/or follow policies, protocols, and guidelines necessary for the recognition and treatment of an intracranial hemorrhage, arising from an MUD-BMT, in accordance with a reasonably acceptable standard of care.
h. Defendants electronic medical record system is designed to create and or permit circumstances under which healthcare providers to create a record that is confusing, incomplete, and misleading which jeopardizes the health safety and well-being of its patients, including Logyn.
i. In addition to the Defendant Doctors and Nurses, the medical records reveal that other employees of Defendants acted or omitted to act, which departed from reasonable standards of care, imposing liability on Defendants pursuant to the doctrine of respondeat superior.
j. Plaintiffs had no prior relationship with the providers, nurses, or medical staff who treated Logyn at OU Medical Center and looked to Defendants to provide competent and capable medical professionals to treat his medical condition. Therefore, Defendants are liable for the negligent acts of their ostensible agents.
51. The Plaintiffs' injuries could have been prevented and were the result of the Defendants' negligent acts and omissions.
SECOND CLAIM FOR RELIEF
(Negligent Credentialing/Independent Corporate Negligence/Wrongful Death against OU Medicine, Inc. and OU Health Partners, Inc.)
52. Plaintiffs herein incorporate by reference the allegations contained in the foregoing paragraphs as if fully set forth herein.
53. Defendants OU Medicine, Inc. and OU Health Partners, Inc. breached their independent corporate responsibility owed to their patient, Logyn.
54. Oklahoma law imposes on hospitals an implied obligation through its personnel to exercise adequate, non-deficient care and attention for the patient's safety, and exercise such a degree of care and attention as is medically proportional to the physical ailments of the patient under its care.
55. The Plaintiffs did not suspect that Defendants OU Medicine, Inc. and OU Health Partners, Inc. permitted and encouraged unqualified physicians to provide medical, emergency, nursing, and radiology services within its walls. The catastrophic injuries suffered by Logyn occurred as a direct and proximate result of the negligence, gross negligence, careless disregard, and recklessness of Defendants. This conduct, when viewed in its totality and compared with reasonably accepted standards must be characterized as flagrantly deficient. The acts and omissions complained of herein, include but are not limited to the following:
a. Defendants OU Medicine, Inc. and OU Health Partners, Inc. breached their non-delegable duty to formulate, adopt, and enforce adequate rules and policies to ensure quality care for its patients.
b. Defendants OU Medicine, Inc. and OU Health Partners, Inc. breached their non-delegable duty of care to properly credential, monitor, and supervise Defendant doctors, nurses, and their staff and employees, to whom it granted active unrestricted privileges, when it knew or should have known that Defendant doctors, nurses, and its staff and employees, engage in reckless medical practice for which they lack training and experience.
c. Defendants OU Medicine, Inc. and OU Health Partners, Inc. and their agents and employees, failed to adequately train, educate, and supervise its medical and nursing staff and personnel to ensure that said persons would properly recognize, manage, and treat complications for a pediatric patient who was undergoing a bone marrow transplant and follow clinical standards and perform in a reasonably acceptable manner in the course of rendering medical and nursing care to its patients.
d. Defendants OU Medicine, Inc. and OU Health Partners, Inc. and their agents and employees, failed to adequately train, educate, and supervise its medical and nursing staff and personnel to ensure that said persons would properly recognize, manage, and treat a pediatric patient who was suffering from an intracranial hemorrhage and follow clinical standards and perform in a reasonably acceptable manner in the course of rendering medical and nursing care to its patients.
e. Defendants OU Medicine, Inc. and OU Health Partners, Inc. failed to implement and or enforce policies, guidelines, and protocols to ensure that critical patient data is communicated by and between various healthcare providers who are better qualified to render diagnosis and treatment to Logyn.
f. Defendants OU Medicine, Inc. and OU Health Partners, Inc. and their affiliated entities are responsible for the negligent acts of their agents and/or employees.
56. As a direct and proximate result of the negligence, careless disregard, and recklessness of Defendants, Logyn suffered catastrophic injuries.
PRAYER
WHEREFORE, premises considered, Plaintiffs pray that this Court grant them relief in the form of a judgment in their favor and against Defendants, for actual and compensatory damages exceeding $75,000.00, assess exemplary or punitive damages in an amount to be determined by a jury, attorney fees, costs, accruing interest, and any other ancillary relief to which Plaintiffs may be entitled, including any relief deemed by this Court to be equitable and just.
Respectfully submitted,
LaCourse Law, PLLC
Joel A. LaCourse, OBA #17082
Rebecca J. David, OBA #32762
715 S. Elgin Avenue, Suite 100
Tulsa, Oklahoma 74120
Telephone: (918) 744-7100
Facsimile: (918) 477-2299
Email:
[email protected]
[email protected]
Attorneys for Plaintiffs
