IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT OF ILLINOIS SANGAMON COUNTY, SPRINGFIELD, ILLINOIS GAYLE SIMPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY, SIMPSON, Deceased, i Plaintiff, I 3 ~vs- No. 99-L-0368 MARK KUI-DJKE, MD. and DR. JAY RISEMAN, 44/29 sent; Defendant. AMENDED COMPLAINT AT LAW WITH JURY DEMAND COUNT IV - WRONGFUL DEATH Now comes the Plaintiff, GAYLE SINIPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SIMPSON, Deceased, by FRED JOHNSON of HELLER, HOLMES ASSOCIATES, P.C., her attorneys, and states as follows against the Defendant, DR. JAY RISEMAN: 1. The Plaintiff is the personal representative and independent executor of the Estate of FRANCES MAY SIMPSON, Deceased, No. 98-P-259, in the Circuit Court of Macon County, Illinois. A copy of Letters of Of?ce of Plaintiff are attached hereto and incorporated herein. 2. The Defendant, DR. JAY RISEMAN, is a physician licensed to practice medicine in the State of Illinois and at all relevant times was a general surgeon. 3. On or about July 20, 1998, FRANCES SIMPSON (patient) was admitted to St. John?s Hospital for an elective reversal of a colonoscopy which surgery was performed by Dr. Mark Kuhnke. JUN 2 2000 Cluq . 4. In conjunction with the aforesaid surgery, Dr. Mark Kuhnke, a general surgeon, inserted a subclavian venous catheter in the patient, which catheter became infected and was removed and replaced over a guide wire on or about July 31, 1998. 5. After the aforesaid surgery was performed on or about July 20, 1998, the patient manifested signs and of infection relative to the infected subclavian catheter. 6. On or about August 5, 1998, an infectious disease consultation was obtained from Dr. Donald Graham, which con?rmed the presence of methacillin-resistant Staphylococcus aureus bacterium relative to the central venous catheter. The tip of the aforesaid catheter yielded methacillin-resistant Staphylococcus aureus (MRSA) from a July 31, 1998, culture. Moreover, bacterium were found on blood and urine cultures taken on July 31, 1998. 7. On or about August 2, 1998, Dr. Mark Kuhnke left for a vacation and FRANCES SIMPSON was thereafter under the care and treatment of DR. JAY RISEMAN, a general surgeon. 8. On or about July 31, 1998, Dr. Mark Kuhnke requested cultures of the patient?s blood, urine, saliva as well as a culture from the distal end of the subclavian catheter which was removed on July 31, 1998. 9. At all relevant times it was the duty of the Defendant, DR. JAY RISEMAN, to possess and apply the knowledge and use the skill and care ordinarily used by a reasonably well quali?ed general surgeon. 10. In violation of the aforesaid duty the Defendant committed one or more of the following negligent acts or omissions: Failed to remove and relocate the subclavian catheter prior to August 5, 1998, after culture results were positive for staph aureus; 5 Failed to remove and relocate the subclavian catheter prior to August 5, 1998, at a time when the patient?s clinical condition suggested she was septic relative to an infected subclavian catheter. 11. As a direct and proximate result of one or more of the aforesaid negligent acts or omissions, the Plaintiff eventually died from septicemia and complications thereof. 12. This matter is brought pursuant to 740 ILCS 180/1 et seq. for the uses and bene?ts of the next-of?kin who are the surviving children of FRANCES SIMPSON, whose names are: Randy Simpson Timothy Simpson Gayle Simpson Bowman 13. The aforesaid children have suffered a pecuniary loss and loss of society, love and affection of FRANCES MAY SIMPSON, by reason of her death. 14. Attached hereto and incorporated herein is the Af?davit required for damages in excess of $50,000.00, together with the Affidavit of Attorney and Physician?s Report required pursuant to 755 ILCS 5/2-622. WI-IEREFORE, Plaintiff; GAYLE SMSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SIMPSON, Deceased, prays this Court award damages against the Defendant, DR. JAY RISEMAN, in a sum in excess ofFi?y Thousand Dollars together with costs of suit. COUNT - SURVIVAL ACTION Now comes the Plaintiff, GAYLE SIMPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SIMPSON, Deceased, by FRED JOHNSON of HELLER, HOLMES 6 ASSOCIATES, P.C., her attorneys, and states as follows against the Defendant, DR. JAY RISEMAN: 1.?10. Plaintiff reincorporates and realleges paragraphs 1 through 10 of Count as and for paragraphs 1 through 10 of Count of her Amended Complaint. 11. As a direct and proximate result of one or more of the aforesaid negligent acts or omissions, FRANCES SIMPSON became seriously ill, endured considerable pain, suffering, additional disability, loss of a normal life, and dis?gurement. 12. This action is brought pursuant to 755 ILCS 5/27-6. 13. Attached hereto is the Affidavit for damages in excess of $50,000.00 together with the Af?davit of attorney and Physician?s Report pursuant to 755 ILCS 5/2-622. WHEREFORE, Plaintiff, GAYLE SIMPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SIMPSON, Deceased, prays this Court award damages against the Defendant, DR. JAY RISEMAN, in a sum in excess of Fifty Thousand Dollars together with costs of suit. COUNT VI - RECOVERY OF MEDICAL BILLS AND FUNERAL EXPENSES Now comes the Plaintiff, GAYLE SIMPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SIMPSON, Deceased, by FRED JOHNSON of HELLER, HOLMES ASSOCIATES, P.C., her attorneys, and states as follows against the Defendant, DR. JAY RISEMAN: 1,-10. Plaintiff reincorporates and realleges paragraphs 1 through 10 of Count IV as 1 through 10 of Count VI of her Amended Complaint. 4 0 11. As a direct and proximate result of one or more of the aforesaid negligent acts or omissions, FRANCES SIMPSON, and now the Estate of FRANCES SMSON, has incurred additional medical bills and expenses and a ?meral bill as a result of complications ?om septicemia which infected the patient?s body and led to her death. WHEREFORE, Plaintiff, GAYLE SIMPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SIMPSON, Deceased, prays this Court award damages against the Defendant, DR. JAY RISEMAN, in a sum in excess of i?y Thousand Dollars together with costs of suit. GAYLE SIMPSON BOWMAN, Independent Executor of the Estate of FRANCES MAY SMSON, Deceased, Plaintiff, Ma?a Of el FRED JOHNSON HELLER, HOLMES 8: ASSOCIATES, P.C. 1101 Broadway Ave. P. O. Box 389 Mattoon, IL 61938-0889 Phone: 217-235-2700; Fax: 217-235-0743 ddfa'sim 12337331110063 053100