COURT OF COMMON PLEAS HAMILTON COUNTY. OHIO PIERCE -- Cincinnati, Ohio Plaintiff v. ABUBAKAR ATIQ DL RRANI, 4555 Lake Furest Drive Suite ISD Cincinnati: Ohio 45242 (Sen 0 Certified ni I) 2 II FOR ADVANCED '1 ECHNOLOGIES, INC. 4555 Lake Forest Drive Suite 150 Cincinnuli, Ohio 145242 Serve: John E. Barnes 255 East Fifth Street Suite 190" Cincinnati, Ohio 45202 (Serve Certified Mail) and CHRIST HOSPITAL ZIJ9 Auburn Avenue Cincinnati. Ohio 45219 Serve: CT Corparaliou System 1300 East Ninth Slreel Cleveland, Ohiu 44114 (so. vc Certified mm CASE Nu. A1005403 Judge: I JWAVE CLERKS 5" 1 SECUW Fag ., ., Tic DEPO8: r-so ?y 9 FILING CODE and UNKNOWN DOCTORS AND MEDICAL PROVIDERS Comes now Plaintiff, Pierce, and for her Complaint andjury demand states as follows: JURISDICTION 1. At all times relevant, Plaintiff Pierce, was a resident of and domiciled in the State of Ohio. 2. At all times relevant, Defendant Dr. Abubakar Atiq Durrani was licensed to and did in fact practice medicine in the State of Ohio. 3. At all times relevant, Center for Advanced Spine Technologies, Inc. (hereinafter was licensed to and did in fact perform medical services in the State of Ohio, and was and is a corporation authorized to transact business in the State of Ohio. 4. At all times relevant, Christ Hospital, was licensed to and did in fact perform medical services in the State of Ohio. 5. At all times relevant, the Unknown Doctors and Medical Providers treated Plaintiff Peirce, either at Christ Hospital or other service providers. 6. Plaintiff attaches an Affidavit of Merit to this Complaint. 7. The amount in controversy exceeds thejurisdictional threshold ofthis Court. 8. The subject matter of the Complaint arises out of medical treatment by the Defendants in Hamilton County, Ohio. This Court is thus the proper venue to grant the Plaintiff the relief she seeks. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. BACKGROUND Plaintiff incorporates by reference each and every allegation contained within the above paragraphs further states: Plaintiff had suffered for many years with back problems. In October 2007, Plaintiff had a surgical fusion of C6-C7. During December and January 2009, Plaintiff developed numbness and tingling in her fingers of her rights hand. She also had pain in her neck, radiating down through the back of her arm into her fingers. Plaintiff visited her previous surgeon, Dr. Cohen, who suggested non-surgical treatment. Plaintiff sought a second opinion and saw Defendant Dr. Durrani. Under information and belief, Defendant Dr. Durrani is employed by Defendant CAST. Defendant Dr. Durrani reviewed the existing MR1 and determined that Plaintiff was in grave danger of immediately becoming paralyzed unless she had surgery. Defendant Dr. Durrani explained this was an emergent case and should operate as soon as possible. On or about January 28, 2009, Defendant Dr. Durrani operated on Plaintiff at Defendant Christ Hospital. Defendant Dr. Durrani performed an anterior cervical discectomy and fusion of C5-C6. 21weather, Defendant "Dr. Durrani waited until on or about January 30, 2009 to complete the procedure with a second surgery of a C3-C7 laminoplasty. These surgeries included the use of a plate and screws. Unknown Doctors and Medical Providers participated in these surgeries. Defendant Dr. Durrani caused Plaintiff to be placed under general anesthetic twice for the procedure. Defendant Dr. Durrani did not make his notations regarding the surgery and discharge until March 2009. Plaintiff developed pain post-operatively before being discharged. Plaintiff maintained consistent and as prescribed post-operative follow up with Defendant Dr. Durrani and physical therapy. Plaintiffs pain continued. On or about June 2009, Plaintiff went to Defendant Christ Hospital emergency department for pain treatment. Unknown Doctors and Medical Providers examined Plaintiff, and ordered a CT. Unknown Doctors and Medical Providers told Plaintiff the CT showed a displaced screw at C7. Unknown Doctors and Medical Providers advised Plaintiff to take the CT to her surgeon for follow up. Plaintiff presented the CT to Defendant Dr. Durrani, who stated the Unknown Doctors and Medical Providers did not know what they were talking about and that Defendant Dr. Durrani had meant to put the screw that way. 34about July 2009, Plaintiff saw her pain specialist, Dr. Shapiro, who reviewed the CT and advised that the pain would not resolve until the hardware was removed. Plaintiff returned for follow up to Defendant Dr. Durrani. Plaintiff restated what Dr. Shapiro had said. Defendant Dr. Durrani became defensive and accusatory toward Plaintiff. Plaintiff returned to Dr. Cohen for treatment. On or about September 2009, Dr. Cohen performed a CT myelogram which revealed right--sided laminar screws causing mild dorsal rightward thecal sac compression at C3, C4, and C5 without right dorsal spinal cord impingement. On or about October 2009, Dr. Cohen operated, removing the hardware. Plaintiffs pain resolved almost immediately. COUNT I - NEGLIGENCE OF DOCTOR DURRANI Plaintiff incorporates by reference each and every allegation contained within the above paragraphs and further states: Defendant Dr. Abubakar Atiq Durrani owed his patient, Plaintiff Pierce, the duty to exercise the degree of skill, care, and diligence an ordinarily prudent health care provider would have exercised under like or similar circumstances. Defendant Dr. Durrani breached his duty by failing to exercise the requisite degree of skill, care and diligence an ordinarily prudent health care provider would have exercised under same or similar circumstances through, among other things, the negligent diagnosis, medical mismanagement and mistreatment of Plaintiff, 45. 46. 47. 48. 49. including but not limited to improper selection for surgery, improper performance ofthe surgery and installation ofhardware, improper follow up care addressing a patient's concerns and lax documentation. COUNT II - NEGLIGENCE OF CAST Plaintiff incorporates by reference each and every allegation contained within the above paragraphs and further states: Defendant CAST owed its patient, Plaintiff Pierce, the duty to exercise the degree of skill, care, and diligence an ordinarily prudent health care provider would have exercised under like or similar circumstances. Defendant CAST breached that duty by failing to exercise the requisite degree of skill, care, and diligence an ordinarily prudent health care provider would have exercised under same or similar circumstances through, among other things, its negligent medical mismanagement, negligent diagnosis and mistreatment of Plaintiff. As a direct and proximate result of the aforementioned negligence and deviation from the standard of care on the part of the Defendant, Plaintiff was caused to sustain severe and grievous injuries, prolonged pain and suffering, emotional distress, humiliation, discomfort, loss of enjoyment of life, and loss of ability to perform usual and Customary activities and incurred substantial medical expenses and treatment. COUNT - VICARIOUS LIABILITY OF CAST Plaintiff incorporates by reference each and every allegation contained within the 50. 51. 52. 53. 54. 55. 56. 57. above paragraphs and further states: At all times relevant, Defendant Dr. Durrani was a shareholder, director, officer, agent, and/or employee of CAST. Defendant Dr. Durrani was performing within the scope of his employment when dealing with the Plaintiff regarding the care of Plaintiff. Defendant CAST is responsible for harm caused by acts of its employees for conduct that was within the scope of employment under the theory of respondeat superior. Defendant CAST is vicariously liable for the negligent acts of Defendant Dr. Durrani alleged in this Complaint. As a direct and proximate result of Defendant CAST's actions, Plaintiff sustained harm. COUNT IV - NEGLIGENCE OF CHRIST HOSPITAL Plaintiffincorporates by reference each and every allegation contained within the above paragraphs and further states: Defendant Christ Hospital owed its patient, Plaintiff Pierce, the duty to exercise the degree of skill, care, and diligence an ordinarily prudent health care provider and hospital would have exercised under like or similar circumstances. Defendant Christ Hospital breached that duty by failing to exercise the requisite degree of skill, care, and diligence an ordinarily prudent health care provider would have exercised under same or similar circumstances through, among other things, its negligent medical treatment of Plaintiff, and the negligent retention and 58. supervision of Defendant Dr. Durrani. As a direct and proximate result of the aforementioned negligence and deviation from the standard of care on the part of the Defendant, Plaintiff was caused to sustain severe and grievous injuries, prolonged pain and suffering, emotional distress, humiliation, discomfort, loss of enjoyment oflife, and loss of ability to perform usual and customary activities and incurred substantial medical expenses and treatment. COUNT - NEGLIGENCE OF UNKNOWN DOCTORS AND MEDICAL PROVIDERS 59. 60. 61. 62. 63. 64. Plaintiff incorporates by reference each and every allegation contained within the above paragraphs and further states: Defendants Unknown Doctors and Medical Providers owed its patient, Plaintiff Pierce, the duty to exercise the degree of skill, care, and diligence an ordinarily prudent health care provider and hospital would have exercised under like or similar circumstances. Defendant Unknown Doctors and Medical Providers breached that duty by failing to exercise the requisite degree of skill, care, and diligence an ordinarily prudent health care provider would have exercised under same or similar circumstances through, among other things, its negligent medical treatment of Plaintiff. It is reasonable that Plaintiff could not identify who these persons were during the course of her treatment. It is reasonably believed these Unknowns can be identified through discovery. As a direct and proximate result of the aforementioned negligence and deviation from the standard of care on the part ofthe Defendant, Plaintiff was caused to sustain severe and grievous injuries, prolonged pain and suffering, emotional distress, humiliation, discomfort, loss of enjoyment oflife, and loss of ability to perform usual and customary activities and incurred substantial medical expenses and treatment. PRAYER FOR RELIEF WHEREFORE, Plaintiff demandsjudgment against Defendants on all claims. Plaintiff further request: 1. Costs associated with the disbursement of this action; Interests; Reasonable attorney's fees; All compensatory damages; Trial byjury; and All other relief this court deems fitting and proper. Respectfully submitted, Eric . ers (3 50) Er' C. De Associates 52 adison Pike Independence, KY 41051 (859) 363-1900 (859) 363-1444 (fax) Eric(cD.ericdeters.com JURY DEMAND Plaintiffs respectfully request a trial byjury. Eric . Deters (38050 CERTIFICATION OF EXPERT REVIEW Eric Deters certified he has had this matter reviewed by competent health care providers qualified to testify and they are willing to support the allegations made in the Complaint. 10 .. 4MON 10:28 AM P- 002 DAVIT I, W. Robert Hudgins, M.D., afler being duly sworn and cautioned states as follows: 1. I have reviewed all relevant medical records reasonably available to Pierce concerning the allegations of medical negligence. I am familiar with the applicable standard of care. Based upon my review of this record, my education, my traming, and experience, it is my belief, to a reasonable degree of medical probability, the care provided by the Defendants was negligent and this negligence caused injury to Pierce. 1 devote at least one~half of my professional time to the active clinical practice in my field of licensure, or to its instruction in an accredited school. My curriculum vitae is attached. FURTHER AFFIANT SAITH NAUGHT. STATE OF COUNTY OF W. Robert Hudgins, M.D. Q4 i SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me, a Notary Public, by W. Robert: Hudgins, M.D. on this the 2 day of June, 2010. Qhfieree. Cryaellbuduimt Afslavll-wed frflaa ?ifi Jim I Notary flfigdfl My Comm. Bxp.: 44.7.4 1401 10284.}! W. ROBERT MJ). 1 Nellrological Sutgecms of Dallas, PA. 7515 Gteenville Avenue, Suite 1030 Dallas, Texas 75231 "March 25, 1010 Summary of Qunlificulinns Ahmdills mm, Ten: Muliul DirbcII1r,GunnI Knife. Prubyun'-1 1>.11u, 1oos.m9 (llniul Anncine Prohmr nf Mulul sum, Aucredfiutiun by Build nflinrnlagkal 1972 Tan: Limit: it E1336 Eduulion mummy cm: and Uhlveab mum. 19ss>>19sy Internship: Ullunnlgi MJIMIOMHP Dublin. NVIHI CIrul'I.1: I964-I965 Medial smolz he saw: o/mach-c Jumn, wuu1y..1 mu-1954 Trlining: II: Uniunly q/wanna omnunu Professional Experience Commander, Median Corps, us. Navy. 1969-1971 mum.-gm lnrr-Iocpicul Ship USS 1991970 Nelrosurpon, Ch=hnNl-ml 1-1aq:iu1. Boown, Mus. 19701971 Pxivdn PIa?fio=. Judson, 197 mm sum A Whiz cum, hunk, T5xm1973A]975 19754997 Clhiul Am-. Pm. Snuzhwesnn Medial sch-mL 19822004 Prim: rum, mun Nniunlrgiul Axsncifln, In. 1991-1991 Pxivnc Pmiae. Neuno1og1m1 Suxgmm ntm11'n, 1m 1999-pmem of? P. 005 . . -- . . .. MUN _lU:29 AM P. 004 Professional Afliliations Dallas County Medical Association, Texas Medical Association, American Medical Association American Association of Neurological Surgeons, Texas Surgical Society, Leksell Gamma Knife Society Editorial Board, journal NEUROSURGERY, 1981-1989 Director of Neurosurgery Laser Workshops in Dallas, 1980-1985 Neurosurgery Editor, Dallas County Medical Journal, 1991-2000 Awards and Honors Dean's Scholmship, University of Mississippi School ofldedisine, 1960-1964 Alpha Omega Alpha scholastic honor society, University of Mississippi School of Medicine, 1964 Vietnamese Cross of Gallanny with Bronze Star. Vietnam Campaign Medal 1970 First Place Scientific Exhibit Award, Texas Medical Association, Scanner -- Revolutionary System for Investigation of Brain Disease", 1975 Annual Session Third Place Scientific Exhibit Award, Texas Medial Association" "Laser Neurosurgery", 1982 Annual Session Third pm Scientific Exhibit Award, Texas Medical Association, "The Dallas Gamma Knife, Three Years Experience", 1993 Annual Session. Selected as one of "Top Doctors in America", by the Consumer Research Council, 2004-2005 Selected as one of the "Best Doctors in America", 2005-2006 Medical Research 1968-1979: Stroke Model - developed the trans-orbital approach for experimental middle cerebral occlusion (ref 18, 19, 21). 2 1980-81: Artificial Intelligence - wrote coinputer program LOBAK for diagnosis of disc disease (ref 36,3 9). 1980455: Laserbleurosurgery - pioneered use of laser in Dallas, taught workshops here for five years (ref 5, 37). 1985: Stereotactic Surgery -- clinical trials of stereotnctic laser resection of brain tumors with "tulip" (ref 4,5) - l979~1 990: Spine Surgery - pioneered microsurgery for cervical and lumbar disc disease, wrote the two chapters on these procedures in Youn1ans' six-volume textbook NEUROLOGICAL SURGERY, Third Edition, 1990 (ref 6 -- 10, 38)- 1989: Gamma Knife Rndiosurgexy - instigated the purchase of the Gamma Knife in Dallas, treated the first patient in 1989, and the 1001" patient in September, 1998 (ref 41 51). List of Publications ARTICLES in TEXTBOOKS 1. Hudgins wn. 1971 YEAR BOOK on NEUROLOGY AND NEUROSURGERY. The Predictive Value of Mjzelography in the Diagnosis of Ruptured Lumbar Discs. Abstract. CV, W. Robert Hudgins. M.D., Page 2 of 6 . . '1 . I .. MON 10:29 AM 2 I P- 005 Hudgins WR. 1972 YEAR BOOK op NEUROLOGY AND NEUROSURGERY. The Effect afEIectrocautery, Atmospheric Exposure, and Surgical Retraction on the Permeability ofthe Blood-Brain Barrier. Abstract. 3. Wilkins RH, Gildenberg PI-I, Hudgins WR, et a1., Editors. CLINICAL NEUROSURGERY. Proceedings of the Congress afNeuroIogtcaI Surgeons. The Williams and Wilkins Co., Baltimore, 1973, 500 pages. 4. Hudgins WK LASER SURGERY SEMINAR. W. Snyder, Ed. Ch. 4. Use ofthe Laser in Neurosurgery. Truman Medical Center Pubs., Kansas City, MO, 1980. 5. Hudgins WR and Jacques AD. MICRONEUROSURGERY, RW Rand, Ed. Ch. 5. The Laser in Microneurosurgery. CV Mosby St. Louis, 3rd Ed., 1985. 6. Hudgins WR. NEUROLOGICAL SURGERY, JR Youmans, Ed. Ch. 91. Micro- aperative Treatmengfir Lumbar Disc Disease. W. B. Saunders, Phi1a., 3rd Ed., 1990, pp 2704-2714. 7. Hudgins WR. NEUROLOGICAL SURGERY, IR Youmans, Ed. Chapter 100. Posterior Mtcraoperative Treatment afCervr'caI Dive Disease. W. B. Saunders, Phi1a., 3rd Ed., 1990, pp 2918-2922. 8. Hudgins WR. MICROSURGERY FOR LUMBAR DISC DISEASE. DL - McCul1och, Ed. Ch. 5. Specie! Instrumentsfirr Micro--Discectomy. Harper Row Medical Books, Washington, 1989. -- 9. Hudgins WR. LUMBAR DISC DISEASE, RW Hardy, Ed. Ch. 12. Mimodiscectomy. Raven Press, York, 1993, pp 139-445. 10. Hudgins WR LUMBAR DISC DISEASE, RW Handy, Ed. Ch. 30. Computerized Deczkiqrz Making in Disc Direase. Raven Press, New York, 1993, pp32'1-329. - 11. WR 1995 YEARBOOK CF NEUROLOGY AND NEUTROSURGERY. About Outcomes and the Role of Gamma Knifiz Radtosurgvery in the Treatmezpt Schwannomas. Abstract, p. 340. I JOURNAL ARTICLES 12. Hudgins WR, Mcfluflie FC. 78 arid 19S antibodies and the anticomplement Coombs best. Bulletini South-Central Assn Blood 6:4-9, 1964. 13. WR, Wardlaw LL, MC-Dufic C. Relationship of the Coombs test to the classes ofimmunoglobulins. IV-ox Sang l23:410--418, 1967. 0f6 '10:29 AM I 14. Kroc DJ, Hudgins wa, Blackwell CH. Primary intrasellar leiomyoma. A case report. Neurosurg 2l:I89-190, 1968. 15. Hudgins WR. Term life insurance is the best buy for me. Hospital Physician 16. Hudgins WR. Wood MW, Desaussure The normal nryelogram and lumbar disc surgery, Memphis Mid-South Med J. 44:71-75, 1969. 17. I-Iudgins wa The predicfive value ofmyelography in the diagnosis ofruptured lumbar discs. JNeurosurg 32:152-160. 1970. 18. Hudgins WR, Garcia J1-I. Trans-orbital approach to the middle cerebral artery of the squirrel monkey: a technique for experimental cerebral infarction applicable to ultrastructural studies. Stroke 1: 107-112, 1970. 1 19. Hudgins WR, Garcia JH. The eflects of clectrocautery, atmospheric exposure and surgical retraction on the permeability of the blood-brain barrier. Stroke 1:375-380, 1970. 20. I-Iudgins WR. Penetration of the skull by teeth. A case report Military Medicine i 21. Garcia JH. Hudgins WR, Cox JV. U'ltrastrueture of the microvasculature in experimental cerebral infarction. Acta Neuropath (Berlin) 1973. I 22. WR. Compensation and the success of lumbar disc surgery. Texas Medicine 70:62-64, 1975. 23. Hudgins WR. Should degenerated discs be removed? Surgical Forum 25:442. 1974. 24. WR. Exposure oftwo interspaces for lumbar disc surgery. Neurosurg 42:59- eo, 1975. 25. WR. Lumbar disc disease. Lamineotomy versus chymopapain chemonuoleolysis. 234:703, 1975. 26. Hudgins WR. Larninectomy for treziuneat of lumbar disc disease. Texas Medicine 72: 65-69, 1976. - 27. Hudgins WR. Stroke 1977. Something can be done. Dallas Medical Journal 63:66-70, 1977. 28. WR The crossed straight-leg-raising test. (letter) New Eng Med 63 :66, 1977. 29. I-Iudgins WR. Forum - Spine 2:231, 1977. CV. W. Robert Hudgins. M.D., Page 4 of6 P. 006 1 000-07-2010 000 10:00 00 0.007 30. Hudgins WR. Diagnostic accuracy of lumbar discography. Spine 31. Hudgins WR. Ankylosing spondylitis and sciatica. I Ncuromrg 48:688,l978. 32. I-Iudgins WR. The crossed straight-leg raising test. A diagnostic sign of herniated disc. Occupational Med. 21 978. 1 33. Hudgins WK Comment: Prediction cfresults of lumbar disc surgery by preoperative testing. NEUROSURGERY 4: 28, 1979. I 34. Hudgins WR. Diagnosis of sciatica. (letter) Occupat Med 2234,1979. 35. WR, Raney LA, Saohson RA. Young SW. Failure of intrasellar muscle implants _f I - to prevent recurrent downward migation of the optic chiasm in empty sella . NEUROSURGERY - i 5 36. Hudgins WI-L A computer program to diagnose causes of lower back pain. Symposium 4 on Artificial Intelligence. Proceedings ofthe National Computer Conference, Chicago, May 3- 8, 1981, pp 31-38. Library of Congress Catalogue Card No. 81-67132. .. -- 37. Hudgns WR, Moody JA, Sanders M, Simpson CW. Microsurgical laser vaporization of inaccessible tumors of the central nervous system. Dallas Med Journal 67:245-250. 1981. 38. Hudgins WR. Current treatment of lumbar disc disease. The role of mierodiscetomy. Orthopaedic Clinics of America 14589-603, 1983. 39. Hudgins WR. Computer-aided diagnosis of lumbar disc herniation. Spine 1983. 40. Hudgins WR. Comments following review of many papers as member of the Editorial Board of NEUROSURGERY published in the years 1984-1988. 41. Hudgins WK Gamma lcuife radiosurgary. Brain surgery without an incision. Texas Medicine 89:64-68, 1993. . . 42. I-iudgins wa. Inzlracerebral heniorrham remote from a radiosurgically obliterated artcriovenous malfiormarion. In Proceedings of the First Meeting of the International Stereotactic Society, Stockholm, May, 1993. . . .. .. ..- ..- 43. Hudgins WR. Meineke. M. Decision Analysis of Vestibular Schwannoma Treatment (Abstract). Acta Neurochir, Vol 120. Foss. 1-2, p. 66, 1993. 44. WR. What is the role of gamma knife ratliosurgery in treating acoustic - neuromas? Acoustic Neuroma Assoc. of Canada, Quarterly Bulletin, November. 1993. 45. Hlidgins wr. Decision analysis ofthe treatment ofAVMs with Iadiosurgery. Stcreotactic i ov, w. Robert Hudgins. M.D., Page 5 of6 - . . 1' . mm 10:008 and Functional Neurosurgery, 51 (Suppi 1): I 1-1 9, 1993. 46. Hudgins WR, Meineke M. Patients' attitudes about outcomes and the role of gamma knife radiosurgery in the treatment of vestibular Schwannomas. NEUROSURGERY 34:1--7, 1993. 47. Hudgins WR. Gamma knife mdiosmgery: brain surgery without an incision. Texas Medicine 89: 64-68, 1993. 48. Hudgins WR. Clinical update: Neurosurgery -- gamma knife radiosurgery. Dallas Medical Journal 80:69-74, 1994. 49. Flickinger C, Kondzlollca D, Lunsford LD, Coffey RJ, Goodman ML, Show Hudgins wk. Weiner R. Harsh GR, Sneed PK, Larson DA. A multi-institutional experience with stereotaciic radiosurgery for solitary brein metastasis. Int. . Radiation Oncology Biol. Phys. 28: 797-302, 1994. 50. Hudgins WR, Kilgore BB, Simpson CW, Hood TW, Barker JL. Intracranial hemorrhage remote from a radiosm-gically obliterated srteriovenous malformation. Clinical Applied Thrombosis Hemostasis 1: 76, 1995. 51. WR, Barker JL, DE, Nichols TD. Gamma knife mum of 100 consecuitive Proceedings of the Internet. Leksell Gamma. Knife Society Meeting. Published in Steneotactio and Functional Neurosu1:gery, I996. 52. Hudgins WR, Antes KJ, Morley AH, Weiner RL, Desaloms JM, Stamos D. Barker Eeht GA, Nichols TD, and Schwarz DE. Control of growth of vestibular schwannomas with low-dose Gamma Knife surgery. Neorosurg 105: 154-160, 2006. CV, W.- Robert Hudgins, M.D., Page 6 of 6