United States District Court, E.D. Missouri, Eastern Division
EULANDA FOX, TERRI LOVETT, DENNIS LOVETT, and NICOLE LOVETT, Plaintiffs,
RENAL TREATMENT CENTERS-ILLINOIS, INC., d/b/a St. Louis Dialysis Center, Defendant.
MEMORANDUM AND ORDER
C. HAMILTON, UNITED STATES DISTRICT JUDGE
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.
allege that on or about October 7, 2016, Plaintiffs'
Decedent, 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
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).
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 ...