COURT OF THE SIXTH W'Ul"r) IN THE CIRCUIT IN AND FOR PINELLAS COUNTY. STATE OF GENERAL CIVIL DIVISION 51%. I, $7 If NIARUN HUNNEWELL JOHNSON, UCN P: or) . Case No. Division: M.D., 3 I I ORIOA DETO and ELLI EMORIAL HOSPITAL INC. Defendants. I COMPLAINT COMES NOW the Plaintiff, SHARON HUNNEW ELL JOHNSON, by her undersigned attorney. and hereby sues the Defendants, MARVIN L. SPONAUGLE. M.D.. FLORIDA DE-TOX. INC. and HELEN ELLIS MEMORIAL HOSPITAL FOUNDATION. INC. and alleges: GENERAL ALLEGATIONS 1. This is an action for damages in excess of Fifteen Thousand Dollars exclusive of costs, interest and attorney fees. 2. referred to as JOHNSON 3. At all times material hereto, Defendant, MARVIN a licensed physician, operating the Defendant, FLORIDA DETOX. corporation, with its offices located at Helen Ellis Memorial Hospital in Tarpo Plnellas County, Florida. Page 1 of 9 L. SPONAUGLE, At all times material hereto, SHARON HUNNEWELL JOHNSON (hereinafter was a resident of Lutz, Hillsborough County, Florida. MD, was a Florida Springs. ti. At all times material hereto the Defendant, HELEN FOUNDATION, INC. (hereinafter referred to as HELEN a Fliers'-rfia. owned, operated, maintained and controlled that certain ktifwfir as doing business as Helen Ellis Memorial Hospital located in Tarpon Sorirrm, Florida, which contracted or employed physicians, nurses, and staff, lurltidiotlon and control over the selection of physicians and nurses on staff at the and procedures permitted to be performed at the hospital. 5. At all times material hereto the Defendant, HELEN ELLIS, perrnilted Li SPQNAUGLE. lVi.D. to operate FLORIDA DETOX, INC. on the premises feoilitles and of Helen Ellis Memorial Hospital, created the appearance to and the general public that FLORIDA DETOX and SPONAUGLE were services and port of aridfor provided by HELEN ELLIS. HELEN ELLIS owed a duty to its patients to select and retain competent physicians who would be providing in-hospital oars through hospital staff privileges and therefore was at all times material herein in a superior position to supervise and monitor physician performance. 6. Thaton or before January 1 1,2006, the Defendant, SPONAUGLE, at HELEN ELLIS and FLORIDA DETOX, recommended to the Plaintiff, JOHNSON, to undergo at '24 hour detoxification procedure to rid herself from taking a daily dose of 1-Omg at 0x.yomt'n, 7. That on or about January 11, 2006, the Plaintiff, JOHNSON, presented at FLORIDA DETOX, INC. at HELEN ELLIS and registered for the detoxification procedure. On this same date. the Plaintiff registered and was admitted into Helen Eliis Memorial Hospital where the procedure was to be performed. Page 2 of 9 8. That from January 11 to 12, 2006, the Plaintiff JOHNSON th I 1 detoxification procedure provided by Helen Ellis Memorial Hospital through SPONAUGLE of FLORIDA DETOX, INC. at HELEN ELLIS. 9. Defendant, FLORIDA DETOX, by and through its agents, employees, personnel, nurses, physicians, and in particular, MARVIN L. SPONAUGLE, M.D., negligently failed to properly, competently and adequately within the applicable standard of care, render to JOHNSON the necessary care and treatment in the administration of anesthesia including monitoring her needs, which should have been known to them with the exercise of reasonable care. The negligent deviation from the standard of care includes, but is not limited to: recommending the detox procedure; permitting JOHNSON, while under anesthesia, to be placed in a position for a long enough period of time to result in the damage sustained; failure to routinely move JOHNSON while under anesthesia to prevent nerve damage; and creating a medical record far afterthe occurrence which is not supported by, and contradictory to, prior medical history. 10. Before bringing this action, Plaintiff complied with all conditions precedent under Chapters 766, Flonida Statutes, and provided presuit notice and procedure under Florida Statutes. All Defendants have denied the claim of the Plaintiff, but failed to provide discovery requests in presuit made by the Plaintiff. COUNT I MEDICAL NEGLIGENCE 11. Plaintiff, JOHNSON realleges and incorporates the General Allegations, Nos. 1 through 10, above. 12. That as a direct and proximate result of the deviation in the standard of care by the Defendants, Plaintiff. JOHNSON, suffered permanent nerve damage resulting in Page 3 of 9 foot drop, pain, suffering, inability to earn money, diminished earning capacity, am: has in the past and will in the future incur medical bills and other expenses attendant to her condition. WHEREFORE, Plaintiff, SHARON HUNNEWELL JOHNSON, demands judgment in her favor and against the Defendants, MARVIN L. SPONAUGLE, M.D., FLORIDA DETOX, INC. and HELEN ELLIS, together with costs, pre-judgment interest and other relief as the court may deem just in the premises and demands trial by jury. COUNT II LACK OF INFORMED CONSENT 13. Plaintiff, JOHNSON, realleges and incorporates the General Allegations in paragraph No. 1 through No. 10 above. 14. At ali times material herein, the Defendants owed a duty to JOHNSON to provide her informed consent of the risks of this detoxification procedure. 15. At all times material herein, the Defendants used one consent form for His surgery, which failed to mention that nerve damage resuiting in foot drop was a potentiai risk for this particular procedure. 16. At all times material herein, the Defendants negligently failed and deviated in their respective standard of care to provide informed consent to the Plaintiff conoeming the risk of nerve damage resulting in foot drop. 17. At all times material herein, had the Defendants provided informed consent to the Plaintiff, JOHNSON, that a risk of this procedure was nerve damage in foot drop, she would not have elected to proceed with the procedure. 18. That as a direct and proximate result of the negligence and in the standard of care by all of the Defendants, in failing to provide informed consent. the Page 4 of 9 Wet-irttifi'. JDEINSEWN. permanent nerve c-lemme. palm, 'lmsl,:Illty tr; earn morre\=. and hue In the pest and will In tails text emenees attendant to her WHEREFORE. SHARON HUNNEWELL. JOHNSON. demands ludgrnerrt. in her fever and against the Defendente. MARVIN L. SPONAUGLE, M.D., DEVOX. INCL end HELEN ELLIS. together colts. pre-judgment Internet and other as the court may deem just in the premises and demands trlal by jury. (Helen Memorial Hoepltall 13 Plaintiff, JOHNSON. reellegee and Incorporates the General Allegations In eetwmeh No. 1 through No. 10 above. ms At all times materiel hereln. HELEN ELLIS. and/er expressly ted to JOHNSON. endlor created the appearance that the phyelclene It to use is teeitties, such as MARVIN L. SPONAUGLE. M.D.. to provlde sen/Ices and pmeeduree to JOHNSON inside the hoepltal and who were treatment and conemting were the hosplters agents or employees. As a result. HELEN ELLIS In viwiouety treble forthe negligence and devletlon from the medical standard of care by Its $13, MARVIN L. SPONAUGLE, MD. and FLORIDA DETOX. INC. 21.. JOHNSON accepted treatment from MARVIN L. SPONAUGLE. M.D. and FLORIDA DETOX. INC. in the reasonable bellef that the treatment and medlcal were being rendered on behalf of the hoepltel. 22. JOHNSON relied upon the above represehtetlone by HELEN ELLIS to her Page 5 of 9 23. That as a direct and proxirnat?'r'esu'rt of the deviation in standarrl of care by the Defendants, MARVIN L. SPONAUGLE, M.D. and FLORIDA DETOX, Ptaintiff. JOHNSON, suffered permanent nerve damage, pain, suffering. inability to earn money, and has in the past and will in the future incur medical bills and other expenses attendant to her condition. WHEREFORE, Plaintiff, SHARON HUNNEWELL JOHNSON. demands judgment in her favor and against the Defendant, HELEN ELLIS . togetherwith costs, pneiudgment interest and other relief as the court may deem just in the premises and demands trial by jury. COUNT IV - ASSUIIPTION OF DUTY 24. Plaintiff, JOHNSON, realleges and incorporates the General Nlegations in paragraph No. 1 through No. 10, above. At all times material herein, HELEN ELLIS assumed the duty to act with 25. reasonable care when it admitted and accepted JOHNSON to its facilityfor necessary and appropriate medical care during the detoxification procedure. through the nursing staff and physicians it provided, L. SPONAUGLE. MD. 26. HELEN ELLIS breached its assumed duty when it negligently faited to routinely move and reposition JOHNSON's body to prevent the permanent nerve damage. 27. That as a direct and proximate result ofthis assumed duty by HELEN ELLIS, Plaintiff, JOHNSON, suffered permanent nerve damage, pain, suffering, inabitity to earn. money, and has in the past and will in the future incur medical bills and other expenses attendant to her condition. Page 6 of 9 WHEREFORE. Plaintiff, SHARON HUNNEWELL JOHNSON, demands judgment in her favor and against the Defendant. HELEN ELLIS. together with costs. pre-judgment interest and other relief as the court may deem just in the premises and demands trial by jury. v. (Pied in the Alternative to Count Ill) 28. Plaintiff, JOHNSON, re--alleges and incorporates herein the General Allegations in paragraph No. 1 through No. 10 above. 29. At all material times herein, HELEN ELLIS. as a Florida licensed hospital. had nondelegabie statutory duties, including but not limited to, those under Chapters 395 and 766, to assure comprehensive risk management and the competence of their medical staff and personnel through careful selection and review. and are iiable for a failure to exercise due care in fulfilling these duties by the provision of anesthesiology service provided bythe Defendants, MARVIN L. SPONAUGLE, M.D. and FLORIDA DETOX. That as a direct and proximate result of the breach of this nondelegabie duty 30. of HELEN ELLIS through the negligence and deviation of the standard of care by the Defendants, MARVIN L. SPONAUGLE, M.D. and FLORIDA DETOX, Plaintiff, JOHNSON. suffered permanent nerve damage, pain, suffering, inability to earn money, and has in the past and will in the future incur medical bills and other expenses attendantto her condition. WHEREFORE, Plaintiff, SHARON HUNNEWELL JOHNSON, demands judgment in her favor and against the Defendant, HELEN ELLIS. together with costs, pre-judgment interest and other relief as the court may deem just in the premises and demands trial by Jury. Page 7 of 9 COUNT vn - CORPORATE NEGLIGENCE (Pled in the Altemative to Count 31- Plaiflfiff. JOHNSON. re-alleges and incorporates herein the General Allegations in paragraphs No. through No. 10 above. 32. At all times material herein, HELEN ELLIS owed a duty to its patients, such as to select and retain competent physicians to ensure their safety and welfare while within its confines and would be providing in-hospital patient care through their hospital staff privileges, 33. After admission to HELEN ELLIS, the hospital selected and provided physicians who were granted staff privileges by the hospital, but who were negligent and deviated from the standard of care in providing care to NELSON, such as the Defendants, MARVIN L. SPONAUGLE, M.D. and FLORIDA DETOX. i 34. That as a direct and proximate result of the vicarious liability of HELEN ELLIS for its corporate negligence through the negligence and deviation of the standard of care - by the Defendants, MARVIN L. SPONAUGLE. M.D. and FLORIDA DETOX, Plaintiff, JOHNSON, suffered pemianent nerve damage, pain, suffering, inability to eam money, and has in the past and will in the future incur medical bills and other expenses attendant to her condition. WHEREFORE, Plaintiff, SHARON HUNNEWELL JOHNSON, demands judgment in her favor and against the Defendant, HELEN ELLIS, together with costs, pre-judgment interest and other relief as the court may deem just in the premises and demands trial by jury. Page 8 of 9 :41 . I Pursuant to Florida Statutes, the undersigned attorney of record does hereby certify that a reasonable investigation has been oonducted as to the matters alleged herein, and it has been determined that there are grounds for 3 good faith belief that there has been negligence in the care and treatment of the Plaintiff and that grounds exist for THOMAS J. DANDAR, ESQ. Florida Bar No. 434825 KENNAN G. DANDAR, ESQ. Florida Bar No. 289698 DANDAR DANDAR, PA. 550 North Reo Street. Suite 106 Post Office Box 2459?' Tampa, Florida 33623-4597 81 3-289-3858IFax: 81 3-287-0895 Attorneys for Plaintiff the filing of this action against the Defendants. Page HJRK 1.33! born. The civil cover sheet and the informalion contained herein neither replace nor supplement the filing one service of pleadings or the papers as required by law. This form is required for the use of the Clerk of the Court for the purpose of reporting judicial workioad data pursuant to Florida Statute {See instructions onthereverseofthe form.) 5/7 .. C113 aid CASE STYLE (Name of %d)t Plaintiff Sharon I-turmuweil Johnson Case Judge vs 2- Defendants ULTYPEOFCASE Other Civil (Place an in one box only if the case fits more than of:;ase;f? select the most definitive. 3'3: cw' Contracts Condominium Real property! Eminent domain Other Mortgage foreclosure fit. is Jury Trial Demanded In Complaint? 3; Yes No OF FOR PARTY one: May 23. 2007 ACTION THOMAS JOHN DANDAR. ESQ. Florida Bar No. 434825 -