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WASHINGTON COUNTY • CJ-2026-00073

Cherri Dawn Askrens v. Emily Marie Petersen, P.A.

Filed: Mar 3, 2026
Type: CJ

What's This Case About?

Let’s talk about the time a woman went in for a routine checkup with leg pain, got a terrifying ultrasound result showing her arteries were basically shutting down, and then—get this—no one told her. Not the doctor. Not the clinic. Not even a Post-it note taped to her file. Months passed. No call. No follow-up. Just silence. And then, because blood flow is kind of important to, oh, not losing a limb, Cherri Dawn Askrens ended up having her right leg amputated above the knee. Now she’s suing, and honestly? We’re not even surprised.

Cherri, a 58-year-old Oklahoma resident with a history of diabetes, hypertension, and peripheral artery disease (or PAD, which basically means your arteries are clogged like a neglected kitchen sink), walked into Ochelata HC – Primary Care on March 6, 2024, worried about worsening leg pain. She’d had an ultrasound years earlier that showed severe blockages, but never followed up with a vascular surgeon—probably because, like the rest of us, she’s busy and healthcare is a maze. But this time, she was proactive. She told the provider, Emily Marie Petersen, P.A., that her legs hurt when she walked, that the pain was getting worse, and that she was worried. Petersen listened, did an exam, noted diminished pulses in her feet, and wrote down: “Claudication symptoms are worsening. Repeat Arterial US of bilateral lower extremities. Will likely place new referral to vascular surgeon pending these results. Patient is agreeable.” Sounds good, right? Action plan in motion. Except… it never moved.

The ultrasound happened five days later, on March 11. The results? Not just bad—catastrophic. The report stated “severe arterial occlusive disease in the bilateral lower extremities,” meaning blood flow was critically blocked in both legs. There was even a complete blockage in the mid-left superficial femoral artery. This is not “maybe take a walk later” territory. This is “your limbs are in danger” territory. And yet—here’s the part that makes us want to scream into a pillow—there’s no record that Cherri was ever told. Not that day. Not the next week. Not the next month.

She went back to the same health center on May 6 for an eye exam—still no mention of the ultrasound. Then again on May 30—crickets. Then, on June 3, she saw Petersen again for a routine follow-up. You’d think this would be a good time to say, “Hey, Cherri, your legs are basically on life support—let’s get you to a specialist!” But no. The visit note doesn’t mention the ultrasound. Doesn’t mention the PAD. Doesn’t mention the referral. It’s like the whole thing was erased. The medical equivalent of “never happened, lol.

It wasn’t until four months later, on October 15—over seven months after the initial visit and nearly eight after the ultrasound—that Petersen finally referenced the results and sent a referral to vascular surgery marked “ASAP.” By then, the damage was done. Cherri’s condition had deteriorated. She ended up in the emergency room at Bailey Medical Center, then transferred to the Oklahoma Heart Institute, and ultimately underwent a right above-the-knee amputation. That’s not just life-altering. That’s life-rewriting. And it all happened after a cascade of silence, inaction, and what can only be described as a total breakdown in basic medical follow-up.

So why are we in court? Because Cherri isn’t just angry—she’s alleging negligence. Plain English version: her medical providers had a duty to treat her with the same level of care any reasonable professional would, and they failed. They ordered a test that showed a medical emergency, and then acted like it didn’t exist. That’s not just sloppy—it’s potentially malpractice. The lawsuit claims that Petersen and the mystery “Does 1-20” (which could be anyone from nurses to administrators to corporate owners of the clinic) failed to communicate critical results, failed to refer her in a timely manner, and failed to manage a known, high-risk condition in a patient with multiple comorbidities. And because of that failure, Cherri lost her leg.

But wait—there’s more. The suit also asks for punitive damages. And that’s the nuclear option. Actual damages (like medical bills and pain and suffering) are about compensation. Punitive damages? Those are about punishment. They’re the legal system’s way of saying, “What you did was so bad, we want to slap you hard enough that everyone else thinks twice before doing the same thing.” The filing alleges that the defendants’ conduct wasn’t just careless—it was reckless. That they ignored a known, severe risk. That they let a patient walk around for months with a ticking time bomb in her legs and did nothing. If proven, punitive damages could send a message. Or, more accurately, a bill.

Cherri is asking for $150,000 total—$75,000 in actual damages and another $75,000 in punitive. Now, is that a lot? For losing a leg? For a lifetime of prosthetics, physical therapy, emotional trauma, and reduced mobility? Honestly, it’s probably on the low end. Amputations cost hundreds of thousands over a lifetime. But this isn’t about getting rich. It’s about accountability. It’s about saying, “You had the information. You had the power to act. And you didn’t. And now I want answers—and yes, I want you to feel it a little, too.”

Here’s the wildest part: this wasn’t some rare, unpredictable tragedy. This was preventable. A patient with known vascular disease, worsening symptoms, and a confirmed severe blockage—this is Medical Malpractice 101. The system failed her at every step. The test was done. The results were clear. The next steps were obvious. And yet, no one picked up the phone. No one flagged the chart. No one said, “Hey, this woman might lose her leg if we don’t move.” It’s not like they missed a subtle sign. This was a flashing red siren, and the clinic treated it like a minor typo.

We’re not doctors. We’re entertainers, not lawyers. But even we know that when you’re told your arteries are shutting down, you don’t just file it under “meh” and move on to the next patient. And we’re not rooting for ambulance chasers or over-the-top payouts. But we are rooting for basic human decency. For systems that work. For clinics that don’t let life-or-limb test results vanish into the void. Cherri didn’t ask for this. She showed up, did her part, trusted the system. And the system ghosted her. That’s not just negligent. That’s unforgivable. And if this case does nothing else, we hope it makes every clinic in Oklahoma double-check their follow-up protocols—because no one should lose a leg just because someone forgot to hit “send” on a referral.

Case Overview

$150,000 Demand Jury Trial Petition
Jurisdiction
District Court, Oklahoma
Relief Sought
$75,000 Monetary
$75,000 Punitive
Plaintiffs
Defendants
Claims
# Cause of Action Description
1 Negligence Medical malpractice and negligence leading to amputation
2 Punitive Damages Intentional and reckless conduct by defendants

Petition Text

1,218 words
IN THE DISTRICT COURT OF WASHINGTON COUNTY STATE OF OKLAHOMA CHEDRI ASKRENS, A.K.A. CHERRI DAWN LYNN, an Individual, Plaintiff, v. EMILY MARIE PETERSEN, P.A., and DOES 1-20, Defendants. Case No.: CJ-2024-73 ATTORNEY LIEN CLAIMED PETITION COMES NOW, the Plaintiff, Cherri Dawn Askrens, a.k.a. Cherri Dawn Lynn, by and through her legal counsel of record, SMOLEN LAW, PLLC, and for her cause of action against the Defendants, Emily Marie Petersen, P.A., and Does 1-20, alleges and states as follows: 1. Plaintiff is a resident of Washington County, State of Oklahoma. 2. Defendant, Emily Marie Petersen, P.A., is a licensed Physician Assistant practicing at the Cooweescoowee Health Center and/or Ochelata HC – Primary Care, in Ochelata, Oklahoma, Washington County, State of Oklahoma. 6. That the acts and omissions complained of herein occurred in Ochelata, Oklahoma, Washington County, State of Oklahoma. 7. Does 1-10 represent agents, employees, contractors, and/or servants, and all other medical providers who provided negligent care and treatment to Ms. Askrens, and Does 11-20 represent employers, contracting agencies, locum tenens groups, organizations, and/or corporate entities that employed, contracted, and/or acted as an agency for Does 1-10 and/or Defendant Petersen, which are currently unknown and/or unconfirmed to Plaintiff. Upon information and belief that will be confirmed through discovery, each of these Defendants is in some way liable for the acts and/or omissions referred to herein and caused damage to Ms. Askrens. Plaintiff will amend this Petition and insert the correct names and capacities of those Defendants when they are discovered. 8. Upon information and belief, Defendant Petersen and/or Does 1-10 were employed and/or contracted by Defendants Does 11-20, and were held out to the public as agents and/or employees of Does 11-20. 9. This Court has jurisdiction and venue is proper in Washington County, Oklahoma. STATEMENT OF FACTS 10. Paragraphs 1-9 are incorporated herein by reference. 11. Cherri Askrens presented to Emily Marie Petersen, P.A., at the Ochelata HC – Primary Care, on March 6, 2024, for a routine visit, for evaluation, amongst other chronic conditions of hypertension and diabetes. She had a history of peripheral artery disease ("PAD"). 12. Additionally, Ms. Askrens stated that she, "Has concerns about prior PAD/ultrasound from a few years ago, her legs are still causing pain." There was a specific complaint of lower extremity pain with activity, and the noted from that visit further demonstrated that she had, "worsening pain to lower extremities. Started a few years ago. Had ultrasound that demonstrated severe PAD. Was never able to follow-up with vascular surgery due to lack of follow-up." 13. At the time of examination, Ms. Askrens was a 58-year-old female with a past medical history of peripheral vascular disease, stroke, hypertension and diabetes. 14. The physical examination from the March 6, 2024, visit revealed diminished pulses in her feet, right greater than left. Defendant Petersen noted "Claudication symptoms are worsening. Repeat Arterial US of bilateral lower extremities. Will likely place new referral to vascular surgeon pending these results. Patient is agreeable." 15. The referenced ultrasound was done March 11, 2024, at Ochelata HC – Ancillaries, and interpreted by Damon Lee Brooks, D.O. 16. The findings from the ultrasound were: 1. Findings consistent with severe arterial occlusive disease in the bilateral lower extremities with corresponding abnormal ankle-brachial indices. 2. Focal complete stenosis at the level of the mid left superficial femoral artery with reconstitution of flow in the distal superficial femoral artery. 17. There is no indication on the ultrasound report that Ms. Askrens was made aware of the results that day. 18. Ms. Askrens saw Megan Tucker, O.D., with Cooweascooowee Health Center, on May 6, 2024, with no mention of the ultrasound results. She then saw another provider with Ochelata HC on May 30, 2024, with no mention of the ultrasound results. 19. On June 3, 2024, Ms. Askrens returned to Defendant Petersen for a routine follow-up visit. There was no mention of the ultrasound results, nor of the referral, nor of the peripheral artery disease, nor of the leg complaints from the prior visit. The results of the ultrasound were not set forth in the visit note from that date either. 20. On another routine follow-up with Defendant Petersen on October 15, 2024, the results of the recent ultrasound were finally referenced, as was a referral for an “ASAP” consultation with vascular surgery, all statements missing from the prior June 3, 2024, visit. 21. Following instructions from Defendant Petersen, when the situation worsened, Ms. Askrens presented to the Bailey Medical Center Emergency Room, and was then transferred to Oklahoma Heart Institute. 22. As a result of the above negligent acts and omissions, Ms. Askrens eventually underwent a right above-the-knee amputation, with lasting disfigurement and debility and ongoing care. 23. As a result of Defendants' collective negligence, and the negligence of their agents, employees, contractors, and/or servants for which Defendants are vicariously liable, Ms. Askrens has suffered past and future medical expenses, past and future physical pain and suffering, past and future emotional pain and suffering, permanent disfigurement, and other actual damages, all in excess of $75,000.00. CAUSES OF ACTION I. NEGLIGENCE (As to All Defendants) 24. Paragraphs 1-23 are incorporated herein by reference. 25. Defendants, their agents, employees, contractors, and/or servants, owed a duty to Ms. Askrens to provide reasonable 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. 26. Defendants, their agents, employees, contractors, and/or servants, failed to exercise ordinary, reasonable and proper care in providing medical treatment and care to Ms. Askrens. 27. The injuries sustained by Ms. Askrens were a direct and proximate result of duties owed by Defendants, their employees, agents, and/or contractors. 28. Defendants Does 11-20 are vicariously liable for the negligence of their employees, agents, servants and/or contractors, including but not limited to Defendant Petersen and/or Does 1-10 pursuant to the legal doctrines of respondeat superior and/or ostensible agency. 29. As a result of Defendants' collective negligence, and the negligence of their agents, employees, contractors, and/or servants for which Defendants are vicariously liable, Ms. Askrens has suffered past and future medical expenses, past and future physical pain and suffering, past and future emotional pain and suffering, permanent disfigurement, and other actual damages, all in excess of $75,000.00. II. PUNITIVE DAMAGES (As to All Defendants) 30. Paragraphs 1-29 are incorporated herein by reference. 31. The intentional, wanton, and reckless conduct of Defendants in disregard of the health and well-being of Ms. Askrens was conducted with full knowledge, in that Defendants knew, or should have known, of the severe adverse consequences of their actions. 32. Defendants’ actions constituted reckless disregard for the health and safety of Ms. Askrens. 33. The acts and/or omissions of Defendants were wrongful, culpable, and so egregious that punitive damages in a sum that exceeds $75,000.00 should be awarded against them to set an example to others similarly situation that such inexcusable conduct will not be tolerated in our community. WHEREFORE, based on the foregoing, Plaintiff prays that this court her grant the relief sought, including but not limited to actual damages in excess of $75,000.00, punitive damages in excess of $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 611 S. Detroit Ave. Tulsa, OK 74120 P: (918) 777-4LAW (4529) F: (918) 890-4529 [email protected] [email protected] Attorneys for Plaintiff
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