Filing 40180139 E?Filed 04/12/2016 05:06:57 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR HERNANDO COUNTY, FLORIDA MAUREEN NICHOLSON, CASE NO.: 16-CA-190 Plaintiff, vs. DR. ALFRED ETAPU ALINGU and ARECHO MEDICAL CLINIC, LLC, a Florida Limited Liability Company, Defendants. AMENDED COMPLAINT Plaintiff, MAUREEN NICHOLSON, by and through her undersigned counsel, brings this Amended Complaint against Defendants, DR. ALFRED ETAPU ALINGU and ARECHO MEDICAL CLINIC, LLC, a Florida Limited Liability Company (hereinafter and states as follows: INTRODUCTION 1. This is an action arising from the uninvited sexual touching of MAUREEN NICHOLSON (hereinafter by her physician DR. ALFRED ALINGU (hereinafter on December 10, 2015 while she was at her medical appointment with DR. ALINGU at the office of Defendant, ARECHO MEDICAL. In this lawsuit, NICHOLSON alleges that DR. ALINGU is a repeat offender of sexual misconduct upon his female patients. Further, it is alleged that the medical practice, ARECHO MEDICAL, was aware of DR. history and risk of sexual misconduct before he initiated uninvited sexual contact with MAUREEN NICHOLSON. Electronically Filed Hernando Case 04/12/2016 05:06:57 PM JURISDICTION AND PARTIES 2. Plaintiff MAUREEN NICHOLSON is an adult female who is a citizen and resident of the State of Florida. 3. Defendant DR. ALINGU is a physician licensed and practicing medicine in Florida as an internist. He is a citizen and resident of the State of Florida. 4. At all materials times, DR. ALINGU was an agent and one of the employees of ARECHO MEDICAL. 5. Defendant ARECHO MEDICAL is a Florida Limited Liability Company organized and existing under the laws of the State of Florida, and doing business providing medical services in Hernando County at a principal address of 10045 Cortez Boulevard, Brooksville, Florida. 6. At all relevant times, ARECHO MEDICAL employed various personnel including a physician, medical assistants, nurses, an of?ce manager, and front desk staff. 7. At all relevant times, ARECHO MEDICAL operated a medical practice and had DR. ALINGU as one of its employees working as a medical doctor under its control and supervision in Hernando County. 8. Defendants engage in substantial and not isolated activity in the State of Florida and Hernando County through their medical office in Hernando County. 9. This Court has jurisdiction in that the Plaintiff in this lawsuit seeks monetary damages far exceeding the jurisdictional minimum of this Court of $15,000.00, exclusive of interest, costs, and attorney?s fees. 10. Venue properly lies in this judicial circuit in that the sexual misconduct and other tortious acts that are the subject of this lawsuit were committed at the of?ce of ARECHO MEDICAL, located in Hernando County, Florida. 11. The tortious conduct alleged herein did not arise out of any medical diagnosis, treatment or care of Plaintiff or even the guise of medical treatment or care. FACTUAL ALLEGATIONS 12. ARECHO MEDICAL is a primary care medical practice specializing in Internal Medicine and Family Practice. To that end, it employs medical doctors and other healthcare practitioners whom it contends provide the ?highest quality of health care? to its patients. 13. At all relevant times, NICHOLSON was a patient of ARECHO MEDICAL and her primary care physician was DR. ALINGU. NICHOLSON treated with DR. ALINGU for her fibromyalgia, depression, anxiety, and other 14. On or about December 10, 2015, NICHOLSON went to her primary care physician, DR. ALINGU for a routine maintenance appointment. DR. ALINGU was alone with NICHOLSON during the medical appointment and stroked hair, groped her vaginal area, and in reference to her vagina, he said ?If I weren?t your doctor, you let me in here?? 15. NICHOLSON did not invite, induce, ratify, implicitly consent, or comply with this sexual contact. To the contrary, NICHOLSON was morti?ed and in shock at DR actions. NICHOLSON felt paralyzed and in disbelief at this Violation by her doctor. 16. DR. ALINGU also made lewd sexual comments to NICHOLSON about her physical appearance and expressed lewd opinions about her sex life. 17. Prior to the uninvited sexual contact he initiated with NICHOLSON, DR. ALINGU committed similar acts of sexual misconduct upon multiple other female patients of ARECHO MEDICAL. 18. DR. prior acts of sexual misconduct were known to ARECHO MEDICAL before his sexual misconduct with NICHOLSON. 19. Despite such notice of his history of sexual misconduct and DR. risk of harm to female patients, ARECHO MEDICAL and its management rati?ed DR. sexual misconduct. 20. Despite such notice of his history of sexual misconduct and DR. risk of harm to female patients, ARECHO MEDICAL elected to retain DR. ALINGU as a physician with no restrictions or heightened supervision, and did nothing to minimize the risk of harm to patients such as NICHOLSON. 21. The tortious conduct alleged herein did not arise out of any diagnosis, treatment or care of Plaintiff or even the guise of medical care. 22. A medical practice which employs physicians to render medical treatment to patients must enforce safety rules to prevent harm to the patients in its care. 23. A safety rule that must be enforced by the medical practice is that persons who have a history of sexual misconduct with women should not be hired, retained, and/ or given unsupervised access to female patients. 24. A foreseeable harm of a medical practice hiring, retaining, and/or failing to adequately supervise or discipline a doctor with a history of sexual misconduct with females is that the doctor will sexually assault a female patient. BATTERY (AGAINST DEFENDANT DR. ALFRED ALINGU) Plaintiff repeats and re-alleges the allegations in Paragraphs 1 through 24 above. 25. DR. ALINGU committed a battery upon MAUREEN NICHOLSON consisting of intentional, harmful, unwanted and offensive sexual contact upon her vaginal area. 26. As a direct and proximate cause of the foregoing, MAUREEN NICHOLSON has suffered emotional, and physical injuries, emotional distress, mental anguish, pain and suffering and the loss of enjoyment of life. WHEREFORE, Plaintiff, MAUREEN NICHOLSON, demands judgment against Defendant DR. ALFRED ALINGU for compensatory damages, costs and such other and further relief as this Court deems proper. RESPONDEAT SUPERIOR VICARIOUS LIABILITY (AGAINST DEFENDANT ARECHO MEDICAL CLINIC. LLC) Plaintiff repeats and re-alleges Paragraphs 1 through 24 above. 27. As a physician of ARECHO MEDICAL, DR. ALINGU was at all material times a paid employee and agent of ARECHO MEDICAL. 28. ARECHO MEDICAL authorized DR. ALNGU to be alone with MAUREEN NICHOLSON and other female patients, and to have unfettered and unsupervised control, access to and physical contact with NICHOLSON while NICHOLSON at its of?ce for medical appointments. 29. DR. acts of battery and offensive touching upon NICHOLSON were initiated and took place within the course, time, and scope of DR. performance of those duties. The acts occurred in an ARECHO MEDICAL patient room where DR. ALINGU was required to perform his employment duties. 30. DR. actions occurred during normal working hours while he was there to examine a patient at ARECHO MEDICAL on behalf of ARECHO MEDICAL. 31. DR. contact and relationship with NICHOLSON was at all times in furtherance of ARECHO business interests. 32. DR. ALINGU was authorized to make bodily contact with Plaintiff. DR. actions were committed in the actual or apparent course and scope of his employment and his sexual misconduct was ratified by ARECHO MEDICAL 33. DR. wrongful acts were committed while DR. ALINGU was doing what his employment or agency contemplated. DR. ALINGU extended and converted his authorized medical touching of Plaintiff? body into the sexual contact with Plaintiff. 34. DR. ALINGU was aided in accomplishing the tort upon Plaintiff by the existence of his agency relationship with ARECHO MEDICAL. Speci?cally, DR. ALINGU used the professional authority actually delegated to him by ARECHO MEDICAL to make physical contact with Plaintiff while she was alone with him seeking professional treatment. She was in this vulnerable position with DR. ALINGU precisely because of DR. agency relationship with ARECHO MEDICAL. 35. Under the doctrine of respondeat superior, ARECHO MEDICAL is responsible for the actions of its servant and agent, DR. ALINGU, committed in the actual or apparent scope of his duties. 36. As a direct and proximate cause of the foregoing, MAUREEN NICHOLSON has suffered emotional, and physical injuries, emotional distress, mental anguish, pain and suffering and the loss of enjoyment of life. WHEREFORE, Plaintiff, MAUREEN NICHOLSON, demands judgment against Defendant, ARECHO MEDICAL CLINIC, LLC, for compensatory damages, costs and such other and further relief as this Court deems just and proper. NEGLIGENT SUPERVISION (AGAINST DEFENDANT ARECHO MEDICAL, LLC) Plaintiff repeats and re-alleges Paragraphs 1 through 24 above. 37. At all material times, ARECHO MEDICAL owed a duty to NICHOLSON to use reasonable care to ensure her safety, care and well-being while she was at its office and while obtaining medical services from its physician. 38. These duties encompassed exercising reasonable supervision with respect to its employment of DR. ALINGU as medical doctor who was in a position of trust and authority. 39. At all relevant times during the period of time he was a medical doctor at ARECHO MEDICAL, Defendant knew or in the exercise of reasonable care should have known that DR. ALINGU was un?t, dangerous, and a threat to the safety and welfare of women entrusted to him for medical services. 40. ARECHO MEDICAL breached its duty of care to NICHOLSON by failing to adequately supervise DR. ALINGU and thereby failing to protect NICHOLSON from sexual misconduct, battery and lewd and lascivious acts committed by its employee and agent, DR. ALINGU. 41. The office manager at ARCEHO MEDICAL and other employees responsible for patient safety also knew since no later than 2011 that DR. ALINGU was subject of complaints of sexual misconduct (including but not limited to a publicly available police report from 2011 and a civil lawsuit ?led in February 2015) involving female patients before the date of his uninvited sexual contact with NICHOLSON. 42. Despite such notice concerning DR. ALINGU, Defendant failed to adequately supervise DR. ALINGU, assess the risk of future sexual misconduct and implement appropriate protections, (0) protect its female clients, properly train employees, place limitations on his employment or otherwise reduce the risk of sexual misconduct, and/or ensure he was properly fit for the duties assigned. In short, Defendant took no meaningful action protect any of its female clients from the risk of harm. 43. As a direct and proximate cause of the foregoing, NICHOLSON has suffered emotional, and physical injuries, emotional distress, mental anguish, pain and suffering and the loss of enjoyment of life. WHEREFORE, Plaintiff, MAUREEN NICHOLSON, demands judgment against Defendant, ARECHO MEDICAL CLINIC, LLC, for compensatory damages, costs and such other and further relief as this Court deems just and proper. COUNT IV NEGLIGENT RETENTION (AGAINST DEFENDANT ARECHO MEDICAL, LLC) Plaintiff repeats and re-alleges Paragraphs 1 through 24 above. 44. At all material times, ARECHO MEDICAL owed a duty to NICHOLSON to use reasonable care to ensure her safety, care and well-being while she was at its of?ce and while obtaining medical services from its physician. 45. These duties encompassed using reasonable employment decisions with respect to retaining DR. ALINGU as a medical doctor. 46. ARECHO MEDICAL breached its duty of care to MAUREEN NICHOLSON by retaining DR. ALINGU despite notice of his risk of sexual misconduct. As a consequence, ARECHO MEDICAL failed to reasonably protect NICHOLSON from sexual misconduct, battery and lewd and lascivious acts committed by its employee and agent, DR. ALINGU. 47. At all relevant times, ARECHO MEDICAL knew or in the exercise of reasonable care should have known that DR. ALINGU was un?t, dangerous, and a threat to the safety and welfare of women entrusted to him for medical services. Indeed, the of?ce manager at ARCEHO MEDICAL and other employees responsible for patient safety also knew since no later than 2011 that DR. ALINGU was subject of complaints of sexual misconduct (including but not limited to a publicly available police report from 2011 and a civil lawsuit filed in February 2015) involving female patients before the date of his uninvited sexual contact with NICHOLSON. 48. Despite such notice, ARECHO MEDICAL retained DR. ALINGU as a physician with no changes in his duties or employment and continued to provide DR. ALINGU with unfettered access to female patients without any meaningful effort to reduce the risk he would engage in sexual misconduct. 49. As a direct and proximate cause of the foregoing, NICHOLSON has suffered emotional, and physical injuries, emotional distress, mental anguish, pain and suffering and the loss of enjoyment of life. WHEREFORE, Plaintiff, MAUREEN NICHOLSON, demands judgment against Defendant, ARECHO MEDICAL CLINIC, LLC, for compensatory damages, costs and such other and further relief as this Court deems just and proper. COUNT DIRECT CORPORATE LIABILITY (AGAINST DEFENDANT ARECHO MEDICAL, LLC) Plaintiff repeats and re-alleges Paragraphs 1 through 24 above. 50. At all relevant times, DR. ALINGU was a managing agent and officer of ARECHO MEDICAL with responsibility for the conduct and operations of the medical practice. 51. By virtue of DR. position as a managing agent who de?ned his own role within ARECHO MEDICAL, the acts of DR. ALINGU are indistinguishable from the acts of ARECHO MEDICAL. 52. By virtue of DR. position as a managing agent, DR. ALINGU was able to commit acts of battery upon NICHOLSON. 53. ARECHO MEDICAL is directly liable for the intentional torts committed by its managing agent, DR. ALINGU, by virtue of his position. 54. As a direct and proximate cause of the sexual misconduct committed by DR. ALINGU by virtue of his status as managing agent, NICHOLSON has suffered emotional, and physical injuries, emotional distress, mental anguish, pain and suffering and the loss of enjoyment of life. WHEREFORE, Plaintiff, MAUREEN NICHOLSON, demands judgment against Defendant, ARECHO MEDICAL CLINIC, LLC, for compensatory damages, costs and such other and further relief as this Court deems just and proper. NEGLIGENT BUSINESS OPERATIONS (AGAINST DEFENDANT ARECHO MEDICAL, LLC) Plaintiff repeats and re-alleges Paragraphs 1 through 24 above. 10 55. At all material times, Plaintiff was an invitee and/or authorized visitor and paying client of the Defendant. 56. At all material times, ARECHO MEDICAL owed a duty to Plaintiff to use reasonable care to ensure her safety, care and well-being while she was at its medical office. 57. Defendant had a duty to implement reasonable policies and procedures to protect avoid the risk of harm to its patients, particularly with respect to a person employed at Defendant?s office who was placed in a position of control over vulnerable patients and would have an opportunity to be alone with the patient. 58. Defendant did not have reasonable policies and procedures in place to protect its female guests from a sexual misconduct by DR. ALINGU who posed a risk of foreseeable harm to female patients. 59. ARECHO MEDICAL breached its duty of care by failing to act as a reasonable and prudent medical practice would have under the same or similar circumstances. Speci?cally, Defendant committed negligence in the following areas: a. Failing to enforce adequate policies to investigate employees who are reported to have committed sexual misconduct, which only served to embolden perpetrators who would not fear harsh punishment; b. Failing to create, implement, and establish policies and procedures to properly train employees to ensure the proper and safe conduct; c. Failing to create, implement, and establish protocols to train employees on policies and procedures to ensure proper supervision of employees who were entrusted with the care and treatment of clients; (1. Failing to create, implement, and properly train employees on policies and 11 procedures to prevent sexual misconduct, abuse or harm to patients; identifying individuals who posed a risk of harm to patients; how to respond to situations that posed a risk of harm to patients; how to handle reports involving inappropriate situations or relationships involving patients; and how to report inappropriate situations involving patients to law enforcement and other agencies with oversight over the medical practice; and e. Failing to create, implement, and properly train employees on their duties as a professional in whom a client places his or her trust; and f. Failing to survey its patients in a reasonable manner, which had it been done in the case of DR. ALINGU, would have revealed other incidents of sexual misconduct and professional ethics violations with female clients prior to DR. sexual contact with Plaintiff. 66. As a direct and proximate cause of the foregoing, Plaintiff has suffered injuries, mental anguish and the loss of enjoyment of life. WHEREFORE, Plaintiff, MAUREEN NICHOLSON, demands judgment against Defendant, ARECHO MEDICAL CLINIC, LLC, for compensatory damages, costs and such other and further relief as this Court deems just and proper. JURY TRIAL DEMAND Plaintiff demands a trial by jury and all issues so triable as a matter of right. CERTIFICATE RE: E-FILING AND E-SERVICE I HEREBY CERTIFY that this Amended Complaint was filed electronically in compliance with Florida Rules of Judicial Administration 2.515 and 12 I HEREBY FURTHER CERTIFY, that a true and correct copy of the foregoing was served on this 12th day of April, 2016. I FURTHER CERTIFY for purposes of service of any documents after initial process that is primary, adam?pathtoiustice.com and amvC??pathtoiustice,corn are secondary. FARMER, AFFE, WEISSING, EDWARDS, FISTOS LEHRMAN, P.L. Attorneys for Plaintiff 425 North Andrews Avenue, Suite 2 FORT LAUDERDALE, FL 33301 (954)524-2820 TELEPHONE (954)524-2822 Fax BY: Adam D. Horowitz ADAM D. HOROWITZ Florida Bar No.: 376980 COUNSEL FOR DEFENDANTS Dr. Alfred Etapu Alingu and Arecho Medical Richards H. Ford, Esquire Florida Bar No. 288391 Kirsten L. Holz, Esquire Florida Bar No. 85975 WICKER SMITH MCCOY FORD, P.A. Medical Clinic, LLC 390 N. Orange Ave., Suite 1000 Orlando, FL 32801 Phone: (407) 843-3939 Fax: (407) 649-8118 Primary: l3