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Fox v. Renal Treatment Centers-Illinois, Inc.

United States District Court, E.D. Missouri, Eastern Division

October 1, 2019

EULANDA FOX, TERRI LOVETT, DENNIS LOVETT, and NICOLE LOVETT, Plaintiffs,
v.
RENAL TREATMENT CENTERS-ILLINOIS, INC., d/b/a St. Louis Dialysis Center, Defendant.

          MEMORANDUM AND ORDER

          JEAN C. HAMILTON, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant's Motion for Summary Judgment, filed July 24, 2019. (ECF No. 11). The motion is fully briefed and ready for disposition.

         BACKGROUND

         Plaintiffs allege that on or about October 7, 2016, Plaintiffs' Decedent[1], Barbara A. Brown, received a dialysis treatment at Defendant's facility. (Petition for Wrongful Death and Survival Action, ECF No. 5 (“Complaint” or “Compl.”), ¶¶ 5, 9). According to Plaintiffs, Defendant failed to carry out post-hemodialysis site care, which led to prolonged bleeding of the left AV fistula, and failed to apply additional treatments to achieve hemostasis. (Id., ¶¶ 9, 10). Plaintiffs claim that due to the prolonged bleeding, after returning home Decedent went into hypovolemic shock and subsequent cardiac arrest. (Id., ¶¶ 11, 12). Plaintiffs maintain Decedent “went into PEA[2] arrest multiple times”, and “went through massive blood transfusions and pressor supports in which she maxed out.” (Id., ¶¶ 13, 14). Plaintiffs allege Decedent died as a result of hemorrhagic shock, cardiogenic shock, STEMI, acute liver failure and cardiac arrest, and that said death was a direct result of Defendant's negligence. (Id., ¶ 16). Specifically, Plaintiffs maintain Defendant: a) failed to use proper procedure for inserting the dialysis port; b) failed properly to monitor the fistula site after dialysis; c) failed to stop the bleeding at the fistula site; and d) failed properly to train and supervise the agents, employees, and servants of the corporate Defendant[] who were responsible for the treatment and care of Decedent. (Id., ¶ 18).

         On July 20, 2018, Plaintiffs filed a wrongful death and survival action against Defendant Renal Treatment Centers-Illinois, Inc. in the Circuit Court for the City of St. Louis, Missouri. Plaintiffs attached to their Complaint a Health Care Affidavit pursuant to Missouri Revised Statutes Section 538.225, in which Plaintiffs' attorney, Herman L. Jimerson, attests as follows:

2. That I have consulted with a qualified health care provider regarding the care given to the Plaintiffs' Decedent by the Defendant in this cause.
3. That the health care provider is a licensed registered nurse providing dialysis care to patients and/or disabled persons within the state of Missouri.
4. That the licensed health care provider is substantially in the same business as the Defendant and well qualified to give opinions regarding the rendering of Health Care to the population of people stated herein.
5. That the Health Care provider has given me her written opinion regarding the care given to Plaintiffs' decedent; and that that care is below what a reasonably prudent and careful health care provider would have done under the circumstances; and 6. That the failure to use such reasonable care directly caused or indirectly contributed to cause the damages claimed in the petition.
7. That the name of the Health Care provider is:
a) Ms. Kim Campbell, R.N.
b) 4319 Lindell Unit J, St. Louis MO 63108 8. That Ms. Campbell has been a licensed professional in excess of twenty-seven years and practiced in a substantially similar area as defendant for twelve (12) years.
9. That Ms. Campbell, R.N. reviewed the dialysis records, medical charts, and hospital records in excess of sixteen hours to arrive ...

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