IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION LOUISE N. STANLEY and LEO STANLEY, CASE NO. her husband, Plaintiff(s), 5 REA 1 108 23mm l? vs. DOCTORS OUTPATIENT SURGERY a? CENTER OF JUPITER, L.L.C. d/b/a LASER - SURGERY CENTER OF THE PALM BEACHES AND ANAZAO HEALTH CORPORATION, 33;, 53:; CI) 3,703? .22: Defendant(s). Ages:- 5; COMPLAINT TRIAL DEMANDED ?3:3 99 h-l ?nzrw' 41? 00- BE Defendants, PLAINTIFFS, Louise N. Stanley and Leo Stanley, her husband suer DOCTORS OUTPATIENT SURGERY CENTER OF JUPITER, L.L.C. LASER SURGERY CENTER OF THE PALM BEACHES (hereinafter ?Surgery Center?) and ANAZAO HEALTH CORPORATION and allege as follows: This is an action for damages in excess of FIFTEEN THOUSAND DOLLARS 1. and otherwise within the jurisdiction Of this Court. At all times material, the Defendant, DOCTORS OUTPATIENT SURGERY 2. CENTER OF JUPITER, L.L.C. d/b/a LASER SURGERY CENTER OF THE PALM BEACHES, was a Florida corporation authorized to do business in Palm Beach County, Florida. At all times material, ANAZAO HEALTH CORPORATION was a Florida 3. corporation authorized to do business throughout the State of Florida, with their principal place of business in Tampa, Hillsborough County, Florida and doing business in Palm Beach County, Florida. 4. At all times material, LOUISE STANLEY and LEO STANLEY were residents of Palm Beach County, Florida. 5. On or about September 9, 2009, LOUISE STANLEY underwent cataract surgery at LASER SURGERY CENTER OF THE PALM BEACHES. 6. As part of that surgery, the used Wydase compound. That compound was purchased by the for use by its physicians in general and Dr. David Mittleman in particular. 7. The compound was compounded by ANAZAO HEALTH CORPORATION, a manufacturer and distributor of ocular compounds. 8. On or about September 9, 2009 when LOUISE STANLEY underwent her cataract surgery, the compound was used by Dr. Mittleman during her surgery. Unknown to Dr. Mittleman, the compound was not what it was purported to be, was toxic to the and blinded LOUISE STANLEY in her left eye. 9. As a direct and proximate result of the defect in the compound, LOUISE STANLEY is permanently blind in the left eye. 9 10. As a direct and proximate result of the Defendants? negligence, LOUISE STANLEY has sustained the following damages: a. Permanent bodily injury in the past, present and future pain and suffering; b. Past, present and future aggravation of pre-existing conditions or physical defects; c. Past, present and future disability or physical impairment; d. Past, present and future dis?gurement; 6. Past, present and future mental anguish; and f. Past, present and future inconvenience; g. Past, present and future loss for the capacity for the enjoyment of life; h. Past, present and future medical expenses; I. Permanent and total disability and/ or any other damages set forth or provided pursuant to Florida law. 1 1. As a direct and proximate result of the defect in the compound, LEO STANLEY has sustained a loss of consortium. COUNT I STRICT LIABILITY AGAINST DOCTORS OUTPATIENT SURGERY CENTER OF LASER SURGERY CENTER OF THE PALM BEACHES Plaintiffs reallege all prior paragraphs and further alleges: 12. At the time that the DOCTORS OUTPATIENT SURGERY CENTER OF JUPITER, L.L.C. LASER SURGERY CENTER OF THE PALM BEACHES distributed the Wydase compound, it contained a defect which rendered the compound unreasonably dangerous to persons such as LOUISE STANLEY, the intended forseeable user. 13. The compound defect included, but is not limited to the failure to properly con?rm the compound was what it said it was. As a result of the defect in the compound, LOUISE STANLEY is permanently blind and sustained the injuries as set forth further above. 14. LEO STANLEY has sustained the injuries as set forth above. WHEREFORE, the Plaintiffs LOUISE STANLEY and LEO STANLEY demand judgment for damages against the Defendant, DOCTORS OUTPATIENT SURGERY CENTER OF JUPITER, L.L.C. LASER SURGERY CENTER OF THE PALM BEACHES and further demand trial by jury. COUNT II - STRICT LIABILITY AGAINST ANAZAO HEALTH CORPORATION Plaintiffs reallege all prior paragraphs 1-14 and further allege: 15. At the time that the compound was manufactured and placed into the stream of commerce by the Defendant, ANAZAO HEALTH CORPORATION, the compound was not what it was purported to be such that it was unreasonably dangerous to persons such as the Plaintiff LOUISE STANLEY, the intended surgical recipient. 16. As a result of the compounding defect, the defect was too caustic to the and burned LOUISE leaving her permanently blind. 17. The defect includes, but is not limited to properly compounding the compound, properly testing the compound after compounding to insure that the compound was what it was purported to be. The failure to prOperly compound this ingredient for surgery was the direct and proximate cause of LOUISE STANLEY being permanently blind in the left eye. WHEREFORE, the Plaintiffs LOUISE STANLEY and LEO STANLEY demand judgment for damages against the Defendant, ANAZAO HEALTH CORPORATION and further demand trial by jury. COUNT - NEGLIGENCE AGAINST ANAZAO HEALTH CORPORATION Plaintiffs reallege all prior paragraphs 1-17 and further allege: 18. The Defendant, ANAZAO HEALTH CORPORATION, had a duty to properly compound, manufacture and inspect its product. The Defendant breached its duty in such a negligent manner that it was likely the foreseeable end user, that is, the surgical patient, would come into contact a caustic compound likely to burn an eye. In fact, it did burn LOUISE leaving her permanently blind. WHEREFORE, the Plaintiffs LOUISE STANLEY and LEO STANLEY demand judgment for damages against the Defendant, ANAZAO HEALTH CORPORATION and further demand trial by jury and request an expedited trial pursuant to Florida Statute 415.1115 DATED this 27th day of April, 2010. MN LA VISTA, of Reiter, Clark, Fountain Williams PO Box 4056 West Palm Beach, FL 33402-4056 Telephone: 561-655-1990 Facsimile: 561-835-4652 Florida Bar No.: 0855596