FILED MCLENNAN COUNTY 1/12/2022 7:04 PM JON R. GIMBLE 2022-116-4 DISTRICT CLERK CAUSE NO. Nichelle Maddison ELIZABETH J. WALLER, AS IN THE DISTRICT COURT OF REPRESENTATIVE OF THE ESTATE OF STETSON D. HOSKINS, DECEASED, Plaintiff, vs. PROVIDENCE HEALTH CENTER AT WACO AND DEPAUL CENTER, JOSHUA J. WARREN, M.D., AND JENNIFER L. LOPEZ, M.D., Defendants. MCLENNAN COUNTY, TEXAS 170TH jUDICIAL DISTRICT PLAT IF ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: Elizabeth J, Waller, As Representative of The Estate of Stetson D, Hoskins, Deceased (“Plaintiff”), files this her Original Petition complaining of and about Defendants Providence Health Center at Waco and DePaul Center, Joshua J. Warren, M.D... and Jennifer L. Lopez, M.D., and for cause of action would respectfully show as follows: I. DISCOVERY-CONTROL PLAN 1. Plaintiff intends to conduct discovery in this case under Level 3 of Rule 190.4 of the Texas Rules of Civil Procedure and affirmatively pleads that this case is not governed by the expedited-actions process of Rule 169 of the Texas Rules of Civil Procedure. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff seeks monetary relief over $1,000,000.00. I PARTIES 2. Plaintiff Elizabeth J, Waller is the mother of Stetson Hoskins, Deceased, the representative of the Estate of Stetson Hoskins, Deceased, and an individual resident of the state of Texas, specifically Smith County, Texas. Pursuant to Section § 30.014 of the Texas Civil Practice and Remedies Code, the last three digits of Plaintiff's Texas Driver's license number are 390, and the last three digits of Plaintiff's social security number are 250. 3. Defendant Providence Health Services Waco and DePaul Center d/b/a Providence Health Center (“Providence”) is a domestic for-profit corporation. It may be served with citation PLAINTIFF'S ORIGINAL PETITION 1 Elizabeth J. Waller, As Rep. of the Estate of Stetson D, Hoskins, Deceased, vs. Providence Health Center of Waco, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D.process its registered agent, Corporation Service Company d/b/a CSC-Lawyers Incosporating Service Company, 211 B., 7tgh Street, Suite 620, Austin, Texas 78701, or wherever it may be found. a Defendant Joshua J. Warren, M.D. (“Warren”), is an individual resident of the state of Texas and a licensed medical physician in the state of Texas. Defendant Warren may be served with process at his place of employment, Providence Health Center Waco, located at 301 Londonderry, Waco, Texas 76712, or wherever he may be found. 5. Defendant Jennifer L. Lopez, M.D. (“Lopez”), is an individual resident of the state of Texas and a licensed medical physician in the state of Texas. Defendant Lopez may be served with process at her place of employment, Providence Health Center Waco, located at 6901 Medical Parkway, Waco, Texas 76712, or wherever she may be found, Il, JURISDICTION AND VENUE 6. Venue is proper in McLennan County, Texas, under Section 15.001 of the Texas Civil Practice and Remedies Code because the Defendants conducted business in MeLennan County at the time of the occurrence and the events giving rise to this lawsuit occurred in MeLennan County, Texas. 7. Jurisdiction is proper in this Court because Plaintiff seks damages within the jurisdictional limits of this Court, IV, STATUTORY NOTICE 8. On January 10, 2022, pursuant to Section 74.051 of the Texas Civil Practice & Remedies Code Section, Plaintiff served a written notice of health care liability claim, with \dants Providence accompanying statutory authorization for release of medical records, on Def Health Services Waco d/b/a Providence Health Center, Joshua J. Warren, M.D., and Jennifer L Lopez, M.D. Vv. DUTIES 9, Atall times relevant hereto, Defendants Providence Health Services Waco d/b/a Providence Health Center, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D., held themselve ‘out to Stetson Hoskins and to the public at large as qualified to provide hospital and medical care within the applicable standards of care, and in this capacity offered services to him. PLAINTIFF'S ORIGINAL PETITION 2 Elizabeth J. Waller, As Rep. of the Estate of Stetson D, Hoskins, Deceased, vs. Providence Health Center of Waco, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D.10. Atal times material hereto, there were the corresponding health care provider- patient relationships between Providence Health Services Waco d/b/a Providence Health Center, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D. and Plaintiff. VI. STATEMENT OF FACTS 11, As early as August 7, 2018, Stetson Hoskins began complaining of “having something in his head” and reported such ue had been plaguing him for the six months prior to that date. Hoskins undoubtedly suffered from mental disease, specifically bipolar disorder and paranoid schizophrenia or affects like that of paranoid schizophrenia. Over the next two and one- half years, Hoskins became a regular at Defendant Providence DePaul Center's mental health unit. His primary caretaker at that unit was Dr. Joshua Warren. 12. Stetson Hoskins has a long, documented family history of mental health issues. At least four other relatives within one degree of consanguinity have had mental health issues, most suffering from paranoid schizophrenia. Even more, some of Stetson’s relatives were also known to the Waco Police Department. Annexed hereto and incorporated by reference as Exhibit 1 is a true and correct copy of the investigation report into Hoskins’ death by suicide authored by Officer Kristina Guerrera, Page two of Officer Guerrera’s report references that Hoskins’ aunt, Angie Rogers, also suffered from mental illness and was required to be hospitalized because Ms. Rogers was heating voices, Further, when Ms, Rogers was approached by Waco PD, she was found erying and told the officers on the call that her voices were not mean to her or mean in general and did not try to get her to hurt people the voices were just painfull and confusing. Ia. 13, On January 9, 2020, Hoskins was detained under an emergency detainment order pursuant to Chapter 573 of the Texas Health & Safety Code as Hoskins was hearing voices and discussing suicidal ideations. While executing the detainment order, Officer Simmonette of the Waco Police Department was told by Hoskins (presumably on the ride to Providence) that if Providence discharged him without Hoskins having been able to obtain the care he was seeking, Hoskins would kill his \self by jumping in front of an 18-wheeler. 14, Further, medical record notations indicate that nurse Ashley Wheeler made the following comments in Hoskins’ medical chart: “When patient informed that he was going to be discharged and given a ticket for the assault (on a security guard at Providence), patient did state PLAINTIFF'S ORIGINAL PETITION 3 Elizabeth J. Waller, As Rep. of the Estate of Stetson D, Hoskins, Deceased, vs. Providence Health Center of Waco, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D.that he would run in front of 18-wheeler” when he was required to leave Providence prematurely. 15. On January 10, 2020, medical records reflect that Drs. Warren and Lopez note that Hoskins had stabilized, and that the security guard Hoskins had previously assaulted would not be pressing charges on Hoskins. Unfortunately for Hoskins, on January 10, 2020, Drs. Warren and Lopez discharged Hoskins from the Providence facility and requested he immediately leave the premises. Unfortuately for all parties involved, Hoskins did keep his promise that he would kill himself if he were to be discharged prematurely from Providence. 16. On January 10, 2020, Hoskins kept his word regarding what he told the Waco Police Department and at least one attending nurse at Providence, ultimately killing himself when he stepped out in front of an 18-wheeler and his body was decimated by the impact. Hoskins died at the scene of the accident, VI. CLAIMS FOR RELIEF A, NEGLIGENCE AND NEGLIGENCE PER SE a. Defendant Joshua J, Warren, M.D. 17, Defendant Warren, while rendering medical care and treatment to Stetson Hoskins, ‘on or about January 10, 2020, committed the following acts or omissions that constitute negligence and negligence per se as those terms are defined by law, including: a Failing to document, review, of take into consideration Hoskins’ familial history of mental health treatment when prematurely discharging Hoskins from Providence. b. Failing to take into consideration obtained and relayed to Providence Hospital staff from Officer Simonette regarding Hoskins” intention if he were discharged from Providence. ©. Failing to analyze Hoskins’ urinalysis results which reflect negative levels of methamphetamine, and which negates the reasoning offered in Hoskins’ medical chart why Hoskins was at Providence in the first place. 4. For prematurely discharging Hoskins despite Hoskins’ being subject to a 48-hour ‘emergency detainment order which resulted in Hoskins having the opportunity to act out on his suicidal ideations, 18. The above-mentioned acts or omissions of this Defendant were a proximate cause of the occurrence in question and the damages alleged by the Plaintiff herein. PLAINTIFF'S ORIGINAL PETITION 4 Elizabeth J. Waller, As Rep. of the Estate of Stetson D, Hoskins, Deceased, vs. Providence Health Center of Waco, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D.b. Defendant Jennifer L. Lopez, M. 19, Defendant Lopez, while rendering medical care and treatment to Stetson Hoskins, ‘on or about January 10, 2020, committed the following acts or omissions that constitute negligence and negligence per se as those terms are defined by law, including: a Failing to document, review, or take into consideration Hoskins’ familial history of mental health treatment when prematurely discharging Hoskins from Providence. b. Failing to take into consideration obtained and relayed to Providence Hospital staff from Officer Simonette regarding Hoskins’ intention if he were discharged from Providence. F ing to analyze Hoskins’ urinalysis results which reflect negative levels of methamphetamine, and which negates the reasoning offered in Hoskins’ medical chart why Hoskins was at Providence in the first plac 4 For prematurely discharging Hoskins despite Hoskins’ being subject to a 48-hour ‘emergency detainment order which resulted in Hoskins having the opportunity to act out on his suicidal ideations, 20, The above-mentioned acts or omissions of this Defendant were a proximate cause of the occurrence in question and the damages alleged by the Plaintiff herein c. Defendant Providence Health Center 21, Defendant Providence Health Center, individually or by and through its agents servants, representatives, or employees, while rendering mental health services and health care to Stetson Hoskins, committed acts that constitute negligence and negligence per se as those terms are defined by law, including: Failing to implement adequate procedures and protocols when discharging a patient ‘demonstrating suicidal ideations or serious harm to themselves or the public at large. b. _Disregarding patient safety by allowing ongoing and overzealous discharging of patients, presumably solely for pecuniary gain in reducing overall overhead operating costs. 22. This Defendant s liable under the doctrine of respondeat superior, and other incy principles for its employees, vice principals, representatives, or agents. 23. This Defendant additionally or in the alternative, at all material times, had the right to control the mean and details of its employees, vice principals, representatives, agents, ostensible PLAINTIFF'S ORIGINAL PETITION 5 Elizabeth J. Waller, As Rep. of the Estate of Stetson D, Hoskins, Deceased, vs. Providence Health Center of Waco, Joshua J. Warren, M.D., and Jennifer L. Lopez, M.D.agents or borrowed servants, and also had the duty to supervise its employees and agents 24, — The above-mentioned acts or omissions of this Defendant were a proximate cause of the occurrence in question and the damages alleged by the Plaintiff herein. VIL DAMAGES 25, Plaintiff has been greatly injured and damaged in an amount that is within the jurisdictional limits of this Court for which she now pleads, 26. Plaintiff would show that, as a direct and proximate result of the negligent acts or omissions of Defendants as set out above, Plaintiff has suffered the following damages: Past and future physical pain and mental anguish; b. Past and future medical expenses; ¢. Damages for wrongful death; d. Damages for loss of consortium; and, e. Past and future earning capacity; f Exemplary and Punitive damages that are within the jurisdictional limits of this ‘Court; and, Any other relief, either in law or in equity, to which Plaintiff may be justly entitled Dated: January 10, 2022, Respectfully Submitted, Nicholas L. Everett Texas Bar No. 24087005 514 Hampton Hill Dr. Tyler, Texas 75703 Phone: (903) 530-1115 Email: nick@etxtaxlaw.com ATTORNEY FOR PLAINTIFF ELIZABETH J. WALLER, AS REPRESENTATIVE OF THE ESTATE OF STETSON D, HOSKINS, DECEASED PLAINTIFF'S ORIGINAL PETITION 6 Elizabeth J. Waller, As Rep. of the Estate of Stetson D, Hoskins, Deceased, vs. Providence Health Center of Waco, Joshua J, Warren, M.D., and Jennifer L. Lopez, M.D.DARE eee WALLET W/ CONTENT!ae boro pas 2 un rs an hed pickedthal Deding the: overbaes, taking 1h roasvey Wel bute ToeAutomated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Nicholas Everett on behalf of Nicholas Everett Bar No. 24087005 nick@etxtaxlaw.com Envelope ID: 60774111 Status as of 1/13/2022 8:49 AM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status NICHOLAS LEVERETT Tick@etxtaxlaw.com | 1/12/2022 7:04:13 PM | SENT