Case: 1:19-cv-02330 Doc #: 1 Filed: 10/07/19 1 of 19. PageID #: 1

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DAVID FRUNZA,
c/o Malik Law
8437 Mayfield Road, Suite #101
Chesterland, OH 45202

Plaintiff,
v.
CUYAHOGA COUNTY
1219 Ontario Street
Cleveland, OH 44113,
and

KENNETH V. MILLS
CUYAHOGA COUNTY SHERIFF
1215 W 3rd Street
Cleveland, Ohio 44113
Individually and in his official capacity as
Cuyahoga County Director, Regional
Corrections,

and

THE METROHEALTH SYSTEM
2500 MetroHealth Medical Center
Cleveland, Ohio 44109
and
MARY HANCOCK, MD
DEBORAH GORDON, APRN-CNP
ISOLDE STIPEK, RN
CHANDA ZITIELLO, RN
AMANDA SYMONS, LPN
AISHA PARNELL, RN

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TRACY LYNN SCHAEFER, RN
THE METROHEALTH SYSTEM
2500 Metrohealth Medical Center
Cleveland, Ohio 44109
Individually and in their official capacities
as Medical Staff in the Cuyahoga County
Correction Center,
Defendants.

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I. INTRODUCTION
1.

This civil rights case challenges Cuyahoga County’s, Kenneth Mills’s, and The
MetroHealth System’s official policies regarding inmates suffering from the serious
medical conditions suffered by Plaintiff David Frunza. These official policies and
lack thereof were the moving force behind the constitutional violations experienced
by David Frunza. There is also a custom, pattern, and practice in the Cuyahoga
County Correction Center (“CCCC”) of having unqualified employees, inadequate
training and inadequate supervision of the CCCC’s medical staff regarding inmates
suffering from the serious medical conditions suffered by David Frunza. Additionally,
when an inmate, such as Mr. Frunza, suffers injuries, Defendants Cuyahoga County,
Kenneth Mills, and The MetorHealth System ratify the unconstitutional acts of the
medical staff.

2.

Furthermore, Defendants Cuyahoga County, Kenneth Mills, and The MetroHealth
System failed to provide constitutionally adequate medical care and medical care
consistent with community standards of care to David Frunza.

3.

Furthermore, Defendants Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde
Stipek, Nurse Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and
Nurse Tracy Lynn Schaefer all failed to provide constitutionally adequate medical
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care and medical care consistent with community standards of care to David Frunza.
4.

This case also challenges Defendants Cuyahoga County, Kenneth Mills, The
MetroHealth System, Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde
Stipek, Nurse Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and
Nurse Tracy Lynn Schaefer’s deliberate indifference to Mr. Frunza’s serious medical
condition. Defendants knew that Mr. Frunza suffered from a serious life-threatening
medical condition while in the CCCC, and deliberately disregarded the lifethreatening risks to him. In addition, the seriousness of Mr. Frunza’s condition and
his need for immediate medical care was obvious even to a lay person. These
Defendants’ deliberate indifference to Mr. Frunza’s serious medical needs and their
negligence in providing medical care to Mr. Frunza proximately caused him to suffer
from a serious, life-threatening, and dangerous spinal abscess. As a direct and
proximate cause of the deliberate indifference and negligence, Mr. Frunza suffered
severe and debilitating pain and suffering as well as severe and permanent injuries
which required surgery and will require future medical treatment.

5.

Mr. Frunza was finally sent to the hospital where he underwent surgery to treat the
serious, life-threatening, and dangerous spinal abscess. Instead of receiving proper
medical attention at the CCCC, Mr. Frunza’s constant pleas for help were consciously
disregarded despite severe and obvious signs and symptoms that he was in grave
danger.
II. JURISDICTION

6.

Jurisdiction over claims brought under the Civil Rights Act of 1871 is conferred on
this Court by 28 U.S.C. §§ 1331, 1343 (3) and (4). Jurisdiction over the state law

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claims is conferred by 28 U.S.C. §1367. Venue is proper in this Division.
III. PARTIES
7.

David Frunza was a resident of Parma Heights, Ohio and Cuyahoga County, Ohio at
all times relevant to this lawsuit. He brings this action on his own behalf for damages
resulting from the violation of rights secured by the United States Constitution.

8.

Defendant Cuyahoga County is a unit of local government organized under laws of
the State of Ohio. Defendant Cuyahoga County is also a “person” under 42 U.S.C.
§1983 and at all times relevant to this case acted under color of law.

9.

Defendant Kenneth Mills was at all times herein the Director, Regional Corrections
Cuyahoga County Sheriff’s Department. Defendant Mills was at all times responsible
for reviewing all Use of Force incidents to ensure compliance with the facility’s
policies. He is sued in his official and individual capacities. Mills is a “person” under
42 USC 1983 and at all times relevant to this case acted under color of law. Mills is a
final policymaker.

10.

Defendant The MetroHealth System is and was all times relevant to this action the
contracted party providing through its medical professionals, necessary, regular, and
routine medical services, examinations, and treatment to the inmates of the CCCC.
Defendant is a “person” under 42 U.S.C. § 1983 and at all times relevant to this case
acted under color of law.

11.

Defendant Mary E. Hancock, is and was at all times relevant to this action a doctor
employed by The MetroHealth System in the CCCC. Defendant is a “person” under
42 U.S.C. § 1983 and at all times relevant to this case acted under color of law. She
is sued in her individual and official capacity.

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12.

Defendant Deborah Gordon, APRN-CNP, is and was at all times relevant to this
action a nurse in the CCCC. Defendant is a “person” under 42 U.S.C. § 1983 and at
all times relevant to this case acted under color of law. She is sued in her individual
and official capacity.

13.

Defendant Isolde Stipek, RN, is and was at all times relevant to this action a nurse
employed in the CCCC. Defendant is a “person” under 42 U.S.C. § 1983 and at all
times relevant to this case acted under color of law. She is sued in her individual and
official capacity.

14.

Defendant Chanda Zitiello, RN, is and was at all times relevant to this action a nurse
employed in the CCCC. Defendant is a “person” under 42 U.S.C. § 1983 and at all
times relevant to this case acted under color of law. She is sued in her individual and
official capacity.

15.

Defendant Amanda Symons, LPN, is and was at all times relevant to this action a
nurse employed in the CCCC. Defendant is a “person” under 42 U.S.C. § 1983 and at
all times relevant to this case acted under color of law. She is sued in her individual
and official capacity.

16.

Defendant Aisha Parnell, RN, is and was at all times relevant to this action a nurse
employed in the CCCC. Defendant is a “person” under 42 U.S.C. § 1983 and at all
times relevant to this case acted under color of law. She is sued in her individual and
official capacity.

17.

Defendant Tracy Lynn Schaefer, is and was at all times relevant to this action a nurse
employed in the CCCC. Defendant is a “person” under 42 U.S.C. § 1983 and at all
times relevant to this case acted under color of law. She is sued in her individual and

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official capacity.
IV. FACT
A. Plaintiff David Frunza went to MetroHealth in August 2018 where medical
staff determined that he had an epidural abscess.
18.

In August 2018, Plaintiff David Frunza went to MetroHealth Emergency Department
where he complained of worsening mid back pain that had persisted for longer than 1
week.

19.

In the Emergency Department, an MRI was performed which demonstrated an
epidural abscess and discities at T9/T10.

20.

Mr. Frunza was given an IV of vancomycin and admitted.

21.

Orthopedics was consulted who recommended medical management and no surgical
intervention unless Mr. Frunza’s exam changed.

22.

Infectious Disease was also consulted and they recommended keeping Frunza on IV
Vancomycin and Ceftazidime. Infectious Disease also recommended a Peripherally
Inserted Central Catheter (“PICC”) line and prolonged IV antibiotics for medical
management of epidural abscess. 1

23.

All of this information was entered into Mr. Frunza’s MetroHealth medical records
which are accessible to medical staff in the CCCC.

24.

Mr. Frunza chose to take prescription antibiotics instead of the PICC line as he
wanted to be with his family and did not like the idea of being at a nursing facility.

25.

Mr. Frunza’s case was discussed with Infectious Disease and he was discharged on
Oral Bactrim and Oral Ciprofloxacin.

1

A PICC line is a thin, soft, long catheter (tube) that is inserted into a vein in your child's arm, leg or neck.
The tip of the catheter is positioned in a large vein that carries blood into the heart. The PICC line is used
for long-term intravenous (IV) antibiotics, nutrition or medications, and for blood draws.

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26.

During the August 2018 stay at MetroHealth, critical care time was provided by
Marissa Koning, MD for 30 minutes. “Critical care was necessary because of an
illness or injury that acutely impaired one or more vital organs systems such that there
was a high probability of imminent or life threatening deterioration in the patient’s
condition. The critical illness/injury acutely impaired the following organ systems:
Central Nervous and Musculoskeletal.”

27.

The risks of untreated spinal infection include paralysis, paraplegia, sepsis, and death.
B. From October 11, 2018 to November 22, 2018 Plaintiff David Frunza suffered
from a serious, painful, dangerous and potentially deadly condition and nothing
was done by the Medical Defendants.

28.

On October 11, 2018, Mr. Frunza was booked into the CCCC.

29.

On October 11, 2018 at 5:29 pm, CCC Prisoner Health Appraisal was completed on
Plaintiff David Frunza by Defendant Isolde Stipek, RN.

30.

Mr. Frunza reported that in August 2018, he was diagnosed at MetroHealth with a
spinal abscess.

31.

The August 2018 MetroHealth records were easily accessible to Defendant Stipek to
confirm Mr. Frunza’s report.

32.

On October 11, 2018 at 5:30 pm, “Inmate will be seen I medical for abscess on back
with drainage, heroin and Xanax abuse. Spoke with charge nurse.” Isolde Stipek, RN

33.

It is well-known in the medical community that the risks of untreated spinal infection
include paralysis, paraplegia, sepsis, and death.

34.

On October 11, 2018 at 6:03 pm, Defendant Chanda Zitiello, RN, saw Mr. Frunza for
his complaints of severe pain due to a spinal abscess. Defendant Zitiello noted that
there were no open back wounds and Mr. Frunza explained to her that his abscess was

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internal.
35.

Defendant Zitiello accessed Mr. Frunza’s MetroHealth records and confirmed that he
was currently treated at MetroHealth for an epidural abscess.

36.

Defendant Zitiello gave Mr. Frunza Tylenol and told him he was scheduled to see a
provider.

37.

On October 12, 2018 at 8:05 am, Mr. Frunza was again complaining of the
excruciating pain he was experiencing due to the epidural abscess.

38.

On this day, he was placed on sick call list for draining abscess on back and seen by
Defendant Deborah Gordon, APRN-CNP. Mr. Frunza again explained that his
abscess was internal.

39.

Defendant Gordon ignored Mr. Frunza’s pleas for help and noted that Mr. Frunza was
“[e]xamined by nurse yesterday, no back wound or abscess was noted.” She then
acknowledged that Mr. Frunza MetroHealth chart demonstrated that he had been
admitted to Metro on 8/3/2018 for a thoracic epidural abscess.

40.

However, Defendant Gordon’s and Zitiello’s disregard for Mr. Frunza’s serious
medical concerns are further demonstrated by the October 11, 2018 note which reads:
“Per nurse Zitello, he was upset because he didn’t want to lay on a mat on the floor.”

41.

On October 13, 2018 at 4:04 pm a medical emergency was called for Mr. Frunza.
When Defendant Amanda Symons arrived, Mr. Frunza was laying on the floor and
told Defendant Symons that he fell due to abscess on his spine. Mr. Frunza begged to
be sent to the hospital due to the seriousness risks of an untreated spinal abscess.

42.

Defendant Symons completely disregarded the serious and potentially deadly health
risks to Mr. Frunza and advised him that he needs to follow up upon release.

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43.

By this time, Mr. Frunza is not able to steadily walk on his own so he “then began to
beg for a wheelchair.” Defendant Symons told Mr. Frunza that a wheelchair is not
indicated at this time and she cleared him to return to pod.

44.

Mr. Frunza had been placed on the sick call list due to his spinal abscess on or about
October 11, 2018.

45.

On October 16, 2018, Defendant Mary E. Hancock added Progress Notes to Mr.
Frunza’s medical records: “Inmate on sick call list for ‘spinal abscess.’ Records
reviewed. See previous notes. Cart nurse to evaluate. No further treatment indicated.”

46.

Despite Mr. Frunza’s history from August 2018 and his very serious signs and
symptoms, Defendant Hancock completely disregarded the serious medical risks to
Mr. Frunza including but not limited to paralysis, paraplegia, sepsis, and death.

47.

On October 16, 2018 at approximately 4:53 pm, another medical emergency was
called for Mr. Frunza. Mr. Frunza, unable to walk steadily and denied a wheelchair
had fallen again.

48.

Defendant Zitiello arrived and again ignored Mr. Frunza’s desperate pleas to go to the
hospital for his spinal abscess.

49.

Defendant Zitiello’s conscious disregard for Mr. Frunza’s serious medical needs are
further demonstrated by her charting that “Inmate upset that he is laying on the floor.
Demanding to be sent to hospital for his back abscess. When asked why he did not
address this issue prior to jail, inmate stated he was going to go the day he was
arrested. Advised to f/u upon release.”

50.

During this time, Mr. Frunza’s mother began to become seriously concerned that her
son was suffering from a life-threatening infection in his spine and was being ignored.

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After contacting the CCCC to get her son proper medical care, she desperately
reached out to Mr. Frunza’s criminal defense attorney, John Spellacy, to see if he was
able to help her son.
51.

On October 29, 2018, Attorney Spellacy’s office called the CCCC expressing concern
for Mr. Frunza and his spinal infection not being treated.

52.

Defendant Aisha Parnell, RN, reviewed Mr. Frunza’s chart which clearly showed that
Mr. Frunza’s serious medical needs were being completely ignored, yet returned the
call to Spellacy’s Office and “advised that all of inmates’ medical needs have been
addressed at this time.”

53.

On November 10, 2018 at approximately 2:30, a medical emergency was called for
Mr. Frunza. Defendant Tracy Lynn Schaefer arrived and found Mr. Frunza laying on
bunk crying. Mr. Frunza told Defendant Schaefer that he had an abscess on his back.
At this point, the pain was so extreme and his condition was worsening so
progressively that Mr. Frunza believed he was going to die.

54.

Defendant Schaefer witnessed Mr. Frunza’s need to be assisted into a wheel chair
before he was taken to the dispensary.

55.

Mr. Frunza again explained he had a spinal abscess and that he needed to go to the
hospital. Mr. Frunza was in severe pain, his condition was worsening, and he was
obviously in need of emergent medical care. Despite this, Defendant Schaefer gave
Mr. Frunza a heat pack and noted that Mr. Frunza was kept in the infirmary for
observation. However, there is nothing in the records that Mr. Frunza was further
observed in the infirmary.
C. Plaintiff David Frunza was finally sent to the hospital.

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56.

On November 22, 2018, Nurse Raymond Jontony, RN, arrived on the housing unit
and found Mr. Frunza unable to move due to severe back pain. Mr. Frunza told
Jontony that he had a history of a spinal abscess.

57.

Nurse Jontony recognized the severity of Mr. Frunza’s condition and that Mr. Frunza
was unable to walk so he instructed Mr. Frunza be transferred to dispensary via stair
chair and placed on gurney.

58.

Mr. Frunza begged to go to the hospital for his spinal abscess. He knew the risks of
an untreated spinal infection were paralysis, paraplegia, sepsis, and even death.

59.

Nurse Jontony reviewed Mr. Frunza’s chart which clearly showed as it did to all of
the medical defendants, that Mr. Frunza had a history of thoracid epidural abscess and
was treated at MetroHealth in August 2018.

60.

Nurse Jontony notified Dr. Tallman who ordered Mr. Frunza be sent out via EMS for
acute/severe back pain to rule out epidural abscess/treatment/imaging.

61.

EMS arrived in the dispensary at approximately at 8:18 pm to take Mr. Frunza to the
hospital.

62.

That night, on November 22, 2018, Mr. Frunza was admitted to MetroHealth with a
diagnosis of an epidural abscess.

63.

On November 22, 2018, MetroHealth records indicated “significant interval
worsening of discitis/osteomyelitis. There is now diffuse signal abnormality with
enhancements of the T9 and T10 vertebral bodies and posterior elements suggestive
of progression of infection. New signal abnormality enhancement extending
anteriorly to the vertebral bodies lifting the anterior longitudinal ligament.”

64.

MetroHealth records further indicated: “Interval worsening of epidural signal

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abnormality enhancement along the anterior and posterior epidural space. The
phlegmon exerts local mass effect with indentation and minimal compression of the
spinal cord.”
65.

Mr. Frunza was kept on IV fluids, and he was seen by Neurosurgery, where they
determined that a thoraco-lumbar decompression/fusion with tissue cultures, with
Pedical screws was necessary.

66.

On November 23, 2018, Mr. Frunza’s surgery was performed where he had to be
closely monitored for worsening sepsis.

67.

On November 30, 2018, Mr. Frunza was admitted to The Elisabeth Severance
Prentiss Center for Skilled Nursing Care with a primary diagnosis of epidural abscess.

68.

Mr. Frunza suffered excruciating pain and severe emotional distress and mental
anguish while he was left untreated in the CCCC for 42 days.
D. Policies, Practices, and Culpable Conduct

69.

It is well known in medicine and nursing that an untreated spinal infection can lead to
paralysis, paraplegia, sepsis, and death.

70.

A patient with a history of epidural abscess who is complaining of severe back pain
should be taken seriously.

71.

It is well known in medicine and nursing that an MRI is the best and most accurate
way to detect an epidural abscess.

72.

It is well known in medicine and nursing that a visual observation of the exterior of a
patient’s spine is not an accurate way to detect an epidural abscess and/or spinal
infection.

73.

It is well known in medicine and nursing that a spinal infection can be a serious and

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life-threatening condition.
74.

It is well known by all Defendants that the CCCC is not equipped to detect, diagnose,
or treat an epidural abscess and/or spinal infection.

75.

CCCC records exist that clearly establish that it was obvious that Mr. Frunza was
suffering from a serious and dangerous medical condition while in custody from
October 11, 2018 to November 22, 2018.

76.

The severity of Mr. Frunza’s condition was so obvious that medically untrained
corrections staff and inmates recognized Mr. Frunza’s need for urgent medical care
from October 11, 2018 to November 22, 2018.

77.

Defendants , Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde Stipek, Nurse
Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and Nurse Tracy Lynn
Schaefer all had access to Mr. Frunza’s prior medical records which demonstrated
that he was telling the truth about his stay at MetroHealth in August 2018 for an
epidural abscess.

78.

Defendants , Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde Stipek, Nurse
Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and Nurse Tracy Lynn
Schaefer were all subjectively and objectively aware of Mr. Frunza’s serious medical
condition and need for medical attention, yet they failed to provide and seek proper
medical attention for Mr. Frunza.

79.

Defendants Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde Stipek, Nurse
Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and Nurse Tracy Lynn
Schaefer all knew that Mr. Frunza was reporting very serious and concerning signs
and symptoms of a spinal infection.

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80.

These Defendants ignored Mr. Frunza’s obvious need for medical care and
disregarded his pleas for help. Instead Defendants determined that Mr. Frunza was
mad that he was on a cot on the floor, that he was lying, and that his serious medical
condition was a result of his own actions and/or inactions.

81.

Despite a duty to provide Mr. Frunza with constitutionally adequate care and care
consistent with community standards, Defendants repeatedly told Mr. Frunza to seek
treatment upon his release from the CCCC while they withheld proper treatment.

82.

Defendants , Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde Stipek, Nurse
Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and Nurse Tracy Lynn
Schaefer knew that Mr. Frunza the signs and symptoms reported and displayed by
Mr. Frunza are a serious medical problem with a substantial risk of severe and lifethreatening complications including death.

83.

Defendants , Dr. Mary Hancock, Nurse Deborah Gordon, Nurse Isolde Stipek, Nurse
Chanda Zitiello, Nurse Amanda Symons, Nurse Aisha Parnell, and Nurse Tracy Lynn
Schaefer were deliberately indifferent to the serious medical conditions and the
substantial risk of harm to Mr. Frunza, and consciously disregarded the risk of severe
and permanent harm to Mr. Frunza.

84.

Defendants Cuyahoga County, Kenneth V. Mills, and The MetroHealth System failed
to have adequate policies, procedures, customs, protocols, and usages regarding the
provision of medical care, identification, referral, and treatment for inmates with the
serious signs and symptoms displayed by Mr. Frunza. These inadequate policies,
procedures, customs, protocols, and usages were the moving force behind the
constitutional violations and harms suffered by Mr. Frunza.

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85.

Defendants Cuyahoga County, Kenneth V. Mills, and The MetroHealth System were
deliberately indifferent to the serious medical needs of Mr. Frunza by failing to train
and supervise staff to implement adequate medical policies, procedures, customs,
protocols, and usages that would properly address the obvious and known health and
safety risks experienced by Mr. Frunza.

86.

All Defendants acted negligently, maliciously, recklessly, willfully, wantonly,
intentionally, and with deliberate indifference to the serious medical needs of Mr.
Frunza.

87.

The conduct of all Defendants shocks the conscience, violates the standards of
decency in an evolving society, and betrays the trust that the public places in medical
staff to provide proper medical are to those in custody.

88.

Defendants Cuyahoga County, Kenneth V. Mills, and The MetroHealth System ratify
the unconstitutional acts of its medical staff when severe harm happens to inmates
such as Mr. Frunza.

89.

As a direct and proximate result of all Defendants’ conduct, Mr. Frunza suffered pain,
suffering, and severe and permanent damages.

90.

As a further direct and proximate result of Mr. Frunza’s epidural abscess and spinal
infection being left untreated, he suffered severe pain, severe and permanent physical
damage, severe and permanent emotional distress, loss of income, loss of future
earnings. He has incurred medical bills and treatment and will incur additional
medical bills and treatment in the future.
V. CAUSES OF ACTION
FIRST CAUSE OF ACTION – 42 U.S.C. §1983

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91.

Plaintiff realleges and restates each of the above paragraphs as if fully rewritten
herein.

92.

Defendants have, under color Defendants have, under color of state law, deprived Mr.
David Frunza of rights, privileges and immunities secured by the Eighth and
Fourteenth Amendments to the U.S. Constitution, including, but not limited to the
right to be free from cruel and unusual punishment and the right to receive adequate
medical care as an individual in the custody of a correctional institution.

93.

Defendants were each deliberately indifferent to Mr. Frunza’s serious medical
condition.

94.

Defendants knew and/or witnessed Mr. Frunza experience and suffer from severe,
serious, dangerous, and life-threatening symptoms when he begged for help and
warned Defendants he had a spinal abscess and needed to go to the hospital.

95.

Defendants knew that inmates who, like Mr. Frunza, display the signs and symptoms
of Mr. Frunza have serious medical needs that require adequate and emergency
medical care.

96.

Despite knowledge, Defendants failed to provide Mr. Frunza with constitutionally
adequate care.
SECOND CAUSE OF ACTION– MONELL CLAIM
(Defendants Cuyahoga County, Kenneth V. Mills, and The MetroHealth System)

97.

Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.

98.

Defendants Cuyahoga County’s, Mills’s and The MetroHealth System’s policies,
practices, customs, protocols, and usages regarding the care and treatments of

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individuals in the CCCC’s custody were and are a moving force behind the
constitutional violations suffered by Mr. Frunza.
99.

Defendants Cuyahoga County, Mills, and The MetroHealth System failed to train and
supervise medical staff.

100.

Defendants Cuyahoga County, Mills, and The MetroHealth System failed to enforce
policies, procedures, customs, usages, practices and protocols regarding proper care
and treatment of individuals in institutional custody.

101.

Defendants Cuyahoga County, Mills, and The MetroHealth System have not
disciplined Defendants Hancock, Gordon, Stipek, Zitiello, Symons, Parnell, and
Schaefer for their failure to properly treat Mr. Frunza.

102.

An investigation into the events involving the Plaintiff David Frunza, were so
incomplete and inadequate as to constitute a ratification by the Defendants Cuyahoga
County, Mills, and The MetroHealth System of these Defendants’ conduct.

103.

The training and supervision provided by Defendants Cuyahoga County, Mills, and
The MetroHealth System to Defendants Hancock, Gordon, Stipek, Zitiello, Symons,
Parnell, and Schaefer was deliberately indifferent to the safety of the citizens,
including citizens such as Mr. Frunza.
THIRD CAUSE OF ACTION– NEGLIGENCE/MALPRACTICE BY NURSES
(Defendants Gordon, Stipek, Zitiello, Symons, Parnell, and Schaefer)

104.

Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.

105.

Defendants Gordon, Stipek, Zitiello, Symons, Parnell, and Schaefer owed a duty of
reasonable care to Mr. Frunza.

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106.

Defendants Gordon, Stipek, Zitiello, Symons, Parnell, and Schaefer breached their
duty to provide to Mr. Frunza reasonable nursing care consistent with standard
medical practices in violation of Ohio law. (Affidavit of Merit Pursuant to Ohio Rule
10(D)(2).)

107.

The conduct of Defendants Gordon, Stipek, Zitiello, Symons, Parnell, and Schaefer
was negligent, malicious, willful, wanton, and reckless.

108.

The conduct of Defendants Gordon, Stipek, Zitiello, Symons, Parnell, and Schaefer
proximately caused Mr. Frunza’s severe physical and psychological pain and
suffering.
FOURTH CAUSE OF ACTION– NEGLIGENCE/MALPRACTICE BY
PHYSICIAN
(Defendant Mary Hancock, MD)

109.

Plaintiff incorporates and restates each of the above paragraphs as if fully rewritten
herein.

110.

Defendant Hancock owed a duty of reasonable care to Mr. Frunza.

111.

Defendant Hancock failed to use reasonable care in diagnosing and treating the
symptoms experienced by Mr. Frunza.

112.

Defendant Hancock breached her duty to provide to Mr. Frunza reasonable medical
and dental care consistent with standard medical practices in violation of Ohio law.
(Affidavit of Merit Pursuant to Ohio Rule 10(D)(2).)

113.

The conduct of Defendant Hancock was negligent, malicious, willful, wanton, and
reckless.

114.

The conduct of Defendant Hancock deviated from the standard medical practices, all
in violation of Ohio Law.

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 Case: 1:19-cv-02330 Doc #: 1 Filed: 10/07/19 19 of 19. PageID #: 19

115.

Defendant Hancock’s conduct proximately caused Mr. Frunza’s severe and physical
and psychological pain and suffering.
VI. JURY DEMAND

116.

Plaintiff hereby demands a trial by jury of all issues triable by jury.

VII. PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court:
A.

Award Plaintiff compensatory damages in an amount to be shown at trial;

B.

Award Plaintiff punitive damages in an amount to be shown at trial (except as against the

County);
C.

Award Plaintiff reasonable attorney’s fees, costs and disbursements;

D.

Award Plaintiff pre and post judgment interest;

E.

Grant Plaintiff such additional relief as the Court deems just and proper.

/s/ Sara Gedeon
Malik Law
David B. Malik (0023763)
Sara Gedeon (0085759)
8437 Mayfield Road, Suite #101
Chesterland, Ohio 44026
440-729-8260
440-490-1177
Dbm50@sbcglobal.net
sgedeon1021@gmail.com
JOHN J. SPELLACY (0065700)
323 W. Lakeside, Suite 300
Cleveland, Ohio 44113
Ph. (216) 241-0520
Fax: (216) 241-6961
jspellacy@spellacylaw.com
Attorneys for Plaintiff

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