JP STATE OF MICHIGAN IN THE 3rd CIRCUIT COURT FOR THE COUNTY OF WAYNE JOSEPH JACKSON, Plaintiff, Case No. 18? Hon. HENRY FORD HEALTH SYSTEM, a Domestic Non-Profit Corporation, and JEFFREY MORGAN, M.D., 18-000971-NH FILED IN MY OFFICE WAYNE COUNTY CLERK Defendants, 1/25/2018 8:46:52 AM CATHY M. GARRETT HERTZ SCHRAM PC Steve J. Weiss (P32174) Steven P. Jenkins (P59511) Attorneys for Plaintiff 1760 South Telegraph Road, Suite 300 Bloomfield Hills, MI 48302?0183 248.335.5000 Fax: 248.335.3346 There is no other civil action between these parties arising out of the same transaction or occurrence as alleged in this complaint pending in this court, nor has any such action been previously filed and dismissed or transferred after having been assigned to a judge, nor do I know of any other civil action, between these parties, arising out of the same transaction or occurrence as alleged in this complaint that is either pending or was previously filed and dismissed, transferred, or otherwise disposed of after having been assigned to a judge in this court. COMPLAINT AND DEMAND FOR TRIAL BY JURY NOW COMES Plaintiff, JOSEPH JACKSON, by and through his attorneys, Hertz Schram PC, for his Complaint against Defendants, HENRY FORD HEALTH SYSTEM, a Domestic Non-Profit Corporation, and JEFFREY MORGAN, M.D., states: ?1052004? I JURISDICTION AND VENUE 1. This is a medical malpractice case. Pursuant to MCL 600.2912d, attached hereto as Exhibit 1 is the Affidavit of Merit signed by Michael Koumjian MD, Koumjian?) who is a licensed physician board certified in thoracic surgery. According to his Affidavit of Merit, Dr. Koumjian reviewed Mr. Jackson?s pertinent records and the Notice of Intent to File a Claim and is of the opinion that the medical malpractice claims brought by Mr. Jackson are meritorious. 2. Pursuant to MCL 600.2912b, Defendants were provided with the required Notice of Intent to File Claim. 3. Mr. Jackson is a resident of Wayne County, Michigan. 4. HENRY FORD HEALTH SYSTEM (?Henry Ford"), is a Domestic Non?Profit Corporation, licensed as a medical facility in Michigan, and doing business in Wayne County, Michigan. 5. JEFFREY MORGAN, MD Morgan") is a licensed medical doctor and during pertinent times doing business in Wayne County, Michigan. 6. The amount in controversy in this cause exceeds Twenty?Five Thousand Dollars, exclusive of interest and costs, or is otherwise within the jurisdiction of this Court. GENERAL ALLEGATIONS 7. Plaintiff re?alleges and incorporates by reference Paragraphs 1 through 6 as though more fully set forth herein. 8. At all times pertinent hereto, Henry Ford, along with their agents, employees, staff and medical personnel involved in the care of Mr. Jackson including but I: 2 not limited to Dr. Morgan held themselves out to the public and to Mr. Jackson as qualified medical treaters, possessing the requisite abilities and training to properly diagnose, treat, and safeguard Mr. Jackson. 9. Henry Ford is vicariously liable for the acts or omissions of Dr. Morgan because he is an ostensible and/or actual agent of Henry Ford. 10. On July 28, 2015, Mr. Jackson, then age 62, underwent a coronary artery bypass grafting 11. According to the Henry Ford records, Mr. Jackson underwent a CABG 4 using SVG-PDA, and the SBG to the second diagonal (D2) under the care of Dr. Morgan and PA-C Philip Oliveira. 12. Post-operatively, Mr. Jackson suffered retrosternal chest pain/discomfort with minimal activity and associated shortness of breath. 13. Mr. Jackson?s post-surgery myocardial perfusion imaging study demonstrated a significant degree of myocardial ischemia involving the posterior wall/circumflex distribution. 14. After a complete cardiac workup, the records reveal that ?Back in July, Joe did undergo a CABG which included 4 grafts, one of which was a saphenous vein graft to the circumflex marginal branch. And I suspect this is the culprit lesion.? 15. Thereafter, Mr. Jackson sought evaluation by another cardiothoracic surgeon, who stated that Mr. Jackson?s cardiac workup showed total occlusion of the grafts going to the diag and the circuflex, near total in a spot that appeared to be poorly communicating with the remainder of the LAD, and some twigs that were filled by the mammary and less than adequate ?lling of the LAD. :HO?ltl?M?l ll 3 16. According to Mr. Jackson's medical record, he was in a position that was similar to his position before the CABG. 17. A surgical re?do revascularization was recommended. Mr. Jackson and his family were also advised that the July 28 surgery was performed incorrectly and thus a revision surgery was necessary, which would be more difficult and life-threatening. 18. As a result of the failure to timely and properly treat Mr. Jackson during the July 28, 2015 CABG, Mr. Jackson suffered and continues to suffer from an improperly performed surgery resulting in total occlusion of the grafts, poorly communicating with the remainder of the LAD, shortness of breath, chest pain and discomfort, wage loss, job loss, loss of earning capacity, the need for additional difficult and life-threatening procedures, surgeries and hospitalizations, scarring, disfigurement, physical, emotional and financial hardship, diminished prognosis and life expectancy, loss of enjoyment of life, pain and suffering, embarrassment, mental anguish, fright, shock, anxiety, emotional distress, unnecessary medical expenses, and continuing fear of the known and unknown effects and consequences of the negligence and other related damages. 19. Plaintiff re?alleges and incorporates by reference the allegations set forth in paragraphs 1 through 18 as though more fully set forth herein. 20. Henry Ford holds itself out as a health care provider for the public. 21. Henry Ford undertook, through its agents and/or employees, including Dr. Morgan, to properly care for and provide medical treatment to Mr. Jackson. 22. Henry Ford stands liable for the negligent acts of its agents and employees who treated Mr. Jackson including, but not limited to, Dr. Morgan. ?10520947 1} 4 23. Henry Ford, by and through its agents and/or employees, including but not limited to Dr. Morgan, held a duty to act in accordance with the recognized standard of care applicable to the treatment rendered to Mr. Jackson. 24. While Mr. Jackson was being treated by Henry Ford and its agents and employees including but not limited to Dr. Morgan, Henry Ford breached the duties it owed to Mr. Jackson in a manner including, but not limited to, the following: a. Failed to treat Mr. Jackson in accordance with the acceptable standard of care for cardiothoracic surgeons; b. Failed to implement and utilize proper surgical technique during the performance of the CABG on July 28; c. Failed to ensure that the grafts were properly placed, and the arteries/veins were communicating properly; d. Failed to provide appropriate and timely post-surgical follow?up to determine the cause of Mr. Jackson?s ongoing complaints; e. Failed to properly perform Mr. Jackson?s CABG on July 28; and f. Failed to avoid causing or contributing to Mr. Jackson?s deteriorated medical condition. 25. The breaches of the standard of care by Henry Ford through its agents and/or employees, including, but not limited to, Dr. Morgan, involved in the care of Mr. Jackson are further set forth in the Affidavit of Dr. Koumjian, attached as Exhibit 1. 26. As a direct and proximate result of Henry Ford?s and Dr. Morgan?s deviations from the standard of care, as outlined in the Affidavit of Dr. Koumjian, Mr. Jackson suffered and continues to suffer from an improperly performed CABG surgery resulting in total occlusion of the grafts, poorly communicating with the remainder of the LAD, ongoing shortness of breath, chest pain and discomfort, the need for additional difficult and life-threatening procedures, surgeries and hospitalizations, and scarring and ?10520947 if 5 other related damages, as outlined in the Affidavit of Dr. Koumjian and attached as Exhibit 1. 27. As a further direct and proximate result of Henry Ford?s and Dr. Morgan?s deviations from the standard of care, Mr. Jackson also suffered and continues to suffer extreme embarrassment, discomfort, needless emotional, physical and financial hardship, fright, shock, scarring, anxiety, wage loss, job loss, depression, humiliation, pain, suffering, mental anguish, loss of enjoyment of life, unnecessary medical procedures, loss of earning capacity, unnecessary medical expenses, and continuing fear of the known and unknown effects and consequences of the negligence. 28. As outlined in the Affidavit of Dr. Koumjian, and attached as Exhibit 1, Mr. Jackson?s above mentioned damages would, more likely than not, have been avoided had Henry Ford and Dr. Morgan adhered to the standard of care and properly performed the CABG. But for these breaches, Mr. Jackson would have likely avoided the need for revision surgery, ongoing shortness of breath, chest pain and discomfort, wage loss, the need for additional difficult and life?threatening procedures, surgeries and hospitalizations, scarring, anxiety, wage loss, job loss, extreme embarrassment, discomfort, needless emotional, physical and financial hardship, fright, shock, depression, humiliation, pain, suffering, mental anguish, loss of enjoyment of life, unnecessary medical procedures, loss of earning capacity, unnecessary medical expenses, and continuing fear of the known and unknown effects and consequences of the negligence and other related damages. 1} 6 29. Wherefore, Plaintiff respectfully requests judgment in his favor against Defendants in an amount in excess of Twenty?Five Thousand ($25,000) Dollars, together with interest, costs, and attorney fees, and any other relief the Court finds appropriate. COUNT 30. Plaintiff re-alleges and incorporates by reference Paragraphs 1 through 29 as though more fully set forth herein. 31. Dr. Morgan had a duty to act in accordance with the recognized standard of care applicable and exercised by like physicians for the treatment he rendered to Mr. Jackson. 32. Dr. Morgan violated the duty owed to Mr. Jackson by deviating from the applicable standard of care in a manner including, but not limited to: a. Failed to treat Mr. Jackson in accordance with the acceptable standard of care for cardiothoracic surgeons; b. Failed to implement and utilize proper surgical technique during the performance of the CABG on July 28; c. Failed to ensure that the grafts were properly placed, and the arteries/veins were communicating prOperly; d. Failed to provide appropriate and timely post?surgical follow-up to determine the cause of Mr. Jackson?s ongoing complaints; and e. Failed to properly perform Mr. Jackson?s CABG on July 28; f. Failed to avoid causing or contributing to Mr. Jackson?s deteriorated medical condition. 33. Dr. Morgan?s breaches of the standard of care are further set forth in the Affidavit of Dr. Koumjian., attached as Exhibit 1. 34. As a direct and proximate result of Dr. Morgan?s deviations from the standard of care, as outlined in the Affidavit of Dr. Koumjian, Mr. Jackson suffered and I: 7 continues to suffer from an improperly performed CABG surgery resulting in total occlusion of the grafts, poorly communicating with the remainder of the LAD, ongoing shortness of breath, chest pain and discomfort, the need for additional difficult and life? threatening procedures, surgeries and hospitalizations, and scarring and other related damages, as outlined in the Affidavit of Dr. Koumjian and attached as Exhibit 1. 35. Furthermore, as a direct and proximate result of the deviations from the standard of care, Mr. Jackson suffered and continues to suffer extreme embarrassment, discomfort, needless emotional, physical and financial hardship, fright, shock, scarring, anxiety, wage loss, job loss, depression, humiliation, pain, suffering, mental anguish, loss of enjoyment of life, unnecessary medical procedures, loss of earning capacity, unnecessary medical expenses, and continuing fear of the known and unknown effects and consequences of the negligence. 36. As outlined in the Affidavit of Dr. Koumjian, and attached as Exhibit 1, Mr. Jackson?s above mentioned damages would, more likely than not, have been avoided had Dr. Morgan adhered to the standard of care and properly performed the CABG. But for these breaches, Mr. Jackson would have likely avoided the need for revision surgery, ongoing shortness of breath, chest pain and discomfort, wage loss, the need for additional difficult and life-threatening procedures, surgeries and hospitalizations, scarring, anxiety, wage loss, job loss, extreme embarrassment, discomfort, needless emotional, physical and financial hardship, fright, shock, depression, humiliation, pain, suffering, mental anguish, loss of enjoyment of life, unnecessary medical procedures, loss of earning capacity, unnecessary medical expenses, and continuing fear of the known and unknown effects and consequences of the negligence and other related damages. l} 8 37. Wherefore, Plaintiff respectfully requests judgment in his favor against Defendants in an amount in excess of Twenty?Five Thousand ($25,000) Dollars, together with interest, costs, and attorney fees, and any other relief the court finds appropriate. Dated: January 25, 2018 Respectfully submitted, HERTZ SCHRAM PC ls/Steve J. Weiss Steve J. Weiss (P32174) Steven P. Jenkins (P59511) Attorneys for Plaintiff 1760 South Telegraph Road, Suite 300 Bloomfield Hills, MI 48302?0183 248.335.5000 Fax: 248.335.3346 DEMAND FOR JURY TRIAL Plaintiff, JOSPEH JACKSON, by and through his attorneys, Hertz Schram PC, hereby demands a trial by jury. Dated: January 25, 2018 ?10520947" Respectfully submitted, HERTZ SCHRAM PC ls/Steve J. Weiss Steve J. Weiss (P32174) Steven P. Jenkins (P59511) Attorneys for Plaintiff 1760 South Telegraph Road, Suite 300 Bloomfield Hills, Ml 48302-0183 248.335.5000 Fax: 248.335.3346 EXHIBIT 1 AFFIDAVIT OF MERIT OF MICHAEL P. KOUMJIAN, M.D. STATE OF CALIFORNIA . . SS. COUNTY OF 5M- 0 law I, Michael P. Koumjian, M.D., being first duly sworn, depose and state as follows: 1. am a licensed physician, board certified in thoracic surgery. 2. have reviewed the following records and documents regarding Joe Jackson (?Mr Jackson?): a. Pertinent medical records from Henry Ford Health System; and b. Plaintiff?s Notice of Intent to File Claim. 3. The applicable Standard of Care or Practice is to generally perform as a reasonably prudent physician in the area of cardiothoracic surgery under the same or similar circumstances. 4. Based upon my review of the aforementioned documents and my knowledge, education, training and experience, I am of the opinion that Dr. Jeffrey Morgan and his agents deviated from the applicable standard of care in a manner including, but not limited to the following: a. Treat Mr. Jackson in accordance with the acceptable standard of care for cardiothoracic surgeons; b. Implement and utilize proper surgical technique during the performance of the CABG on July 28; c. Ensure that the grafts were properly placed, and the arteries/veins were communicating properly; d. Provide appropriate and timely post-surgical follow-up to determine the cause of Mr. Jackson's ongoing complaints; e. Properly perform Mr. Jackson's CABG on July 28; f. Avoid causing or contributing to Mr. Jackson?s deteriorated medical condition. 5. Moreover, based upon my review of the aforementioned records, documentation, and my knowledge, education, training and experience, it is my opinion that Dr. Jeffrey Morgan and his agents more likely than not, proximately caused Mr. Jackson to suffer deterioration of his medical status, the need for subsequent surgical intervention, hospitalizations and rehabilitation, prolonged chest pain and discomfort, shortness of breath and decreased cardiac function. Had Dr. Jeffrey Morgan and his agents adhered to the standard of care by properly performing the CABG on July 28, Mr. Jackson would have likely avoided deterioration of his medical status, the need for subsequent surgical intervention, hospitalizations and rehabilitation, prolonged chest pain and discomfort, shortness of breath and decreased cardiac function. 6. if called to testify as a witness in this case, I am competent and qualified to testify to the above statement. 7. The above attestations are based upon information contained in Mr. Jackson?s medical records which are currently possessed by the undersigned. reserve the right to modify and/or offer additional opinions in the event further records or evidence is provided to me after discovery has been initiated. declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Vila/Q's! Michael P. Koumjian, MD Dated: Hi?ll? Subscribed and sworn to before me this day of 2018 by Michael P. Koumjian. MD Personally, known to me or proved to me on the basis of Satisfactory evidence to be the person who appeared before me. -: .. Ade?e I Notary Public County, My Commission expire A notgr, publirt or owe: officer corn?uti i; this yeriiras cut; the who tier to this certificate is 3136' - 1:3: truthfulness, acmracy, or validity of {hit document. State of California Countyo.? SK 3? 0? )9 - Subscribed and i?n?fl'll to (or affirmed] before me this WE of \j A wit? 1?4va *4 a?l?v??l?Alu .I day stigma m: on the basis . l'To "yore ma. . of Euirgn? . to L'c L10 rsersw-H.