Scribd Logo
Upload

Welcome to Scribd!

  • Smathers VGilmer&Laurel Complaint

    Uploaded by

    Mitchell Black
    5K views37 pages
    SmathersVGilmer&LaurelComplaint

    Original Title

    SmathersVGilmer&LaurelComplaint

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    SmathersVGilmer&LaurelComplaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    5K views37 pages

    Smathers VGilmer&Laurel Complaint

    Uploaded by

    Mitchell Black
    SmathersVGilmer&LaurelComplaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 37
    STATE OF NORTH CAROLINA INTHE GENERAL COURT OF JUSTICE county oF nuNcomBE FAL E De ire ase ogegs 10 STONESMATHERS, by and though Rigg 13. P Norn, Eg as Guan adits a ASHLEY SMATHERS, individually an 08.0. parent ano gurdan of tne BENCOMBE CO. Smathers, and sae ZEBULON SMATHERS, individually and as} parent and natural guardian of Stone Smathers, COMPLAINT Pint, Gury Trial Demanded) SUMMER K. GILMER, MD and LAUREL OB-GYN, P. Defendants, NOW COME Plaintifs, complaining of Defendants, who allege and say the following ‘upon good faith information and beet INTRODUCTION AND OVERVIEW 1. This case arises from egregious acts of medical and corporate negligence committed by the Defendants during the Plaintiffs labor and delivery care experience at Mission ‘Hospital in Asheville, North Carolina in March 2020 * 2, Asis explained in detail below, Ashley Smathers was admitted to the labor and delivery unit at Mission Hospital on March 19, 2020 forthe labor and delivery of her frst child, 1es “Baby Stone” or “Minor Plaintif). baby boy Stone Henson Smathers (hereinafter a 3. Zebulon (‘Zeb) Smathers, Ashley’s husband and Stone's father, was present every step ofthe way as the two were excited to begin this new phase oftheir lives together as a fail, 1 This vil action arses from the same or similar set of fats and circumstances as thos alleged inthe Complaint in Stone Smathers etal vs. ICA Healtheare, Ie. eta, Buncombe County Superior Court, lle No, 22-C¥S-3616. Page tata 4 This labor and delivery of their son was meant to be a joyous occasion. At the time Ashley first discovered she was pregnant in July of 2019, she was a healthy g2-year-old ‘with no remarkable medical history. This was her first pregnaney. She and Zeb were ecstatic withthe idea of becoming new parents 5. Ashley had experienced a normal pregnancy and prior to admission had reached +40 weeks of gestation with a healthy buby. She and Zeb arrived at Mission Hospital on March 19, 2020 for Ashley's scheduled induction of labor. Upon admission to the labor and delivery epartment at approximately 18:10 (6:10 p.m), the team at Mission noted Ashley to have no “obstetric risk factors present, and both Ashley and Baby Stone were noted to be heathy with both showing positive and reassuring signs after each were hooked up to fetal and maternal ‘monitors by Mission Hospital staff 6, As the induction process began on March 19, many hours passed, and Ashley's labor course progressed slowly. In total, Ashley labored for over twenty-four hours without Raby Stone making an adequate descent. Achley was instructed to begin pushing at approximately 21:25 (9:25 p.m.) on March 20, 2020 and pushed for nearly two hours without 7% During the several hours leading up to her pushing, and continuing throughout the nearly two-hour period of pushing, Baby Stone's fetal heart monitor showed the emergence of increasingly concerning signs of fetal distress and worsening symptoms consistent with Baby ‘Stone's brain and body not receiving adequate oxygenation during the prolonged and diffieult labor. These signs and symptoms were prevalent to the point that even more than an hour prlor to Ashley’s attempt at pushing, her attending physician explained to both she and Zeb that a delivery by c-section may need to occur in order to protect the health and safety of both Baby ‘Stone and Ashley 8, Finally, after nearly two hours of unsuccessful pushing and a documented arrest of descent by Baby Stone, Ashley's attending physician at the time, Defendant Summer K. Gilmer, MD, ordered a delivery by eseetion at 25:00 (81:00 p.m.) on March 20, 2020, Page 2037 9. Thereafter, and in a shocking violation of the accepted standards of care, Defendants and Mission Hospital caused Ashley and Baby Stone's c-section delivery to be delayed for nearly five hours 10. While Ashley laid in her hospital bed in immense pain, and while Baby Stone's Jhead remained tightly impacted deep inside the birth canal as Ashley's uterus continued to contract and foreeflly compress his body, Ashley and Baby Stone were forced to walt util 0:54. before the c-section delivery finally occured 14. Under these circumstances the accepted standards of care required Defendants and Mission Hospital to complete this c-section order as soon as possible and within tity minutes from the physician's decision to proceed * Here, due to their negligence, gross negligence, and reckless disregard for patient safety, Defendants and Mission Hospital violated ‘his standard by over four and half hours, an unheard-of delay that caused disastrous and permanent injuries and damages tothe Smathers fail. 12. Baby Stone experiensed permanent byporie brain damage and wail Ive fr the rest of his life with a diagnosis of cerebral palsy with associated delays and disabilities. Ashley experienced a massive post-partum hemorrhage dve to her unnecessarily prolonged labor. She Jost atleast ten iter of blood onthe operating table. surgical team was forced to perform an emergency hysterectomy to save her life, bu the procedure robbed her of ever being able to naturally bear another child again, Their family now faces lifetime of medial expenses and ‘herapy appointments as Ashley and Zeb continue to care for their beloved son, Stone, who is just now two and a half years old. Finally, words cannot hope to capture the degree of feat, pin, and emotional suffering the Plaintiffs have experienced, and will continue to experience, as a result of Defendants’ and Mission Hospital's negligence and corporate decisions to place profits ‘over patient safety. 2 Guidelines for Perinatal Cave joint publication by the American College of Obstetricians and {Gynecologists (ACOG) and the American Academy of Pediatricians (AAP), Fighth Edition, 20%7, tp. 266 (Chiny hospital providing am obstetric service should have the capability of responding to an obstetic ‘emergency. Historically, the consensus has been that hospitals need to have the capability of beginning & fesarean delivery within 30 minutes ofthe decision to operate"), see aso Table 2-1 CA serub nurse ot ‘surgical technician should be available in house or om call suck that an emergent birth can be ‘accomplished within 30 minutes of the decision to proceed”) Page gof97 PARTIES, JURISDICTION, AND VENUE 13, Plaintiff Stone Smathers sa resident of Haywood County, North Caroling. He is 4 minor, born on March 21,2020, and he an bring an action only through & Guardian ad ite appointed by the Court. Prior to filing this action, on March 12, 2023, Richard Nordan, Esq, a practicing atiomey in Wake County, North Carolina, was appointed Guardian ad liter for Minor Plaintif for purposes of this civil action and he brings the same on Minor Plaintiffs behalf, 14, Plaintiff Ashley Smathers is an adit citizen and resident of Haywood County, North Carolina. She is the mother and natural guardian of Plaintiff Stone Smathers, and is under no legal disability 415, Maitiff Zab Smathers is a resident of Haywood County, North Carolina. He is the father and natural guardian of Plaintiff Stone Smathers, and is under no legal disability. Zeb isan elected public official and currently serves asthe Mayor of Canton, North Carona, where hh, Aaley, and Stone reside. 16. Upon information and belief and at all times relevant to this action, Defendant Summer K. Gilmer, MD (‘Defendant Gilmer” or "Dr. Gilmer") is citizen and resident of Brunswick County, North Carolina 37, At al times relevant to this complaint, Defendant Gilmer was a licensed physician under the laws ofthe State of North Carolina and was practicing specifically in the field of obstetrics and gynecology ("Ob/Gyn") 18, Upon information and belie, and at all times relevant to this action, Defendant Gilmer was acting ina physician-patient relationship with Plaintifsand provided medical care services to Plants as healtheae provider pursuant to N.CGS. § 90-2111, 19, Upon information and belie, at all times relevant to this action, Defendant Gilmer held herself out as having the education, taining, and sil possessed by other Ob/Gyn physicians with similar training and experience, practicing in Buncombe County, North Carolina, or similar communities during the year 2020. Page gaa7 20, Defendant Laurel Ob-Gys, PA. ‘Defendant Laurel Ob-Gyn") isa professional association organized and existing under the laws of the State of North Carlin, with its principal place of business in Buncombe County, North Carolina, Defendant Laurel Ob-Gyn is registered withthe North Carolina Secretary of State as having its principal office, registered office, registered mailing, and mailing addresses in Buncombe County, North Carolin, 21, Upon information and belief, at all times relevant to this action, Defendant “Laurel Ob-Gyn was operating as an obstetrics and gynecology medical group or practice under the laws and regulations ofthe State of North Carolina and under other pertinent laws and regulations. 22, Upon information and belief, at all mes relevant to this actin, Defendant “Laurel Ob-Gyn held itself ou, both tothe general publi to Plants specially, as an Ob/Gyn practice with multiple physicians and staff with decades of Ob/Gyn experience between them, 2. Upon information and belief, at all times relevant to this action, Defendant Citmer was employed by Defendant Laurel Ob-Gyo 24, Upon information and belief, at all times relevant to this action, Defendant Gilmer was acting as the authorized and/or actual agent of Defendant Laurel Ob-Gyn. 25. Upon information and belief, at all times relevant to this action, Defendant Gilmer was acting asthe apparent agents of Defendant Laurel Ob-Gyn, all times relevant to this action, Defendant 26. Upon information and beli Gilmer was acting within the course and scope of her employment and/or agency relationship ‘with Defendant Laurel Ob-Gyn, 27. Upon information and belief, at all times relevant to this action, Defendant Gilmer held herself out to Plaintiffs as being the employee and/or agent of Defendant Laurel Ob- Gyn, 28. Upon information and belief, at all times relevant to this action, Plaintiis reasonably believed that Defendant Gilmer was acting as the employee and/or agent of Defendant Laurel Ob-Gyn, Page sof97 29. Upon information and belief, at all times relevant to this action, Defendant Laurel Ob-Gyn acted through its agents ~ including Defendant Gilmer as well as its other physicians, nurses, assistants, staff, partners owners, officer, directors, managers, and/or employees not separately named as defendants in this action ~ as a healtheare provider providing treatment to Plaintif, 30. All acts and omissions on the part of Defendant Gilmer alleged herein are {imputed to Defendant Laurel Ob-Gyn via the doctrines of imputed lability, ageney, and/or respondeat superior. gi. All acts and omission on the part of other employees or agents of Defendant ‘Laurel Ob-Gyn alleged herein, including those not named as individual defendants in this action, are imputed to Defendant Laurel Ob-Gya via the doetrnes of imputed liability, agency, respondeat superior, vicarious liability, corporate or administrative negligence, and/or other forms of imputed lability. 132, Atallslevant times to this action, physicians working for Defendant Laurel Ob- Gym, including but not limited to Defendant Gilmer, were responsible for providing on-call coverage and medical care to certain patients, which included the Plaintiffs in the labor and

    You might also like