PLAINTIFFS' ORIGINAL COMPLAINT JURISDICTION VENUEcaringforspecialneedskids.com/wp-content/uploads/Mulsow-v.-Mercy... · 17-CV-94-SPS 6:17-cv-00094-SPS Document 2 Filed in ED/OK on

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF OKLAHOMA

BRADLEY MULSOW AND ERIKA ) MULSOW, INDIVIDUALLY AND AS NEXT ) FRIENDS OF T.E.M., A MINOR, ) ) Plaintiffs, ) ) v. ) ) MERCY HOSPITAL ARDMORE, INC.; ) Case No. ___________________ MERCY HOSPITAL ARDMORE, INC. D/B/A ) MERCY HOSPITAL ARDMORE; MERCY ) HOSPITAL ARDMORE; SOUTHERN ) OKLAHOMA WOMEN’S HEALTH, P.C.; ) MARK E. MELTON, DO, LLC; AND ) MARK E. MELTON, D.O. ) ) Defendants. )

PLAINTIFFS' ORIGINAL COMPLAINT

COME NOW Plaintiffs BRADLEY MULSOW AND ERIKA MULSOW,

Individually and as Next Friends of T.E.M., a Minor, and file this Original Complaint and

would respectfully state the following:

JURISDICTION

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) as the matter in

controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is

between citizens of different states.

VENUE

2. Venue is established in the Eastern District of Oklahoma pursuant to 28 U.S.C. §

1391(b)(2), in that a substantial part of the events or omissions giving rise to Plaintiffs’

claims occurred in Carter County, in the Eastern District of Oklahoma.

17-CV-94-SPS

6:17-cv-00094-SPS Document 2 Filed in ED/OK on 03/09/17 Page 1 of 7

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PARTIES

3. Plaintiffs BRADLEY MULSOW and ERIKA MULSOW are the parents and next

friends of T.E.M., a Minor, and are domiciled in San Antonio, Bexar County, Texas.

4. Defendant MERCY HOSPITAL ARDMORE, INC. is an Oklahoma corporation

headquartered in Oklahoma, which may be served through its registered service agent:

The Corporation Trust Company 1833 South Morgan Road, Oklahoma City, Oklahoma

73128.

5. Defendant MERCY HOSPITAL ARDMORE, INC. d/b/a MERCY HOSPITAL ARDMORE

is an Oklahoma corporation headquartered in Oklahoma, which may be served through its

registered service agent: The Corporation Trust Company 1833 South Morgan Road,

Oklahoma City, Oklahoma 73128.

6. Defendant MERCY HOSPITAL ARDMORE is an Oklahoma corporation headquartered

in Oklahoma, which may be served through its registered service agent: The

Corporation Trust Company 1833 South Morgan Road, Oklahoma City, Oklahoma

73128.

7. Defendant SOUTHERN OKLAHOMA WOMEN'S HEALTH, P.C. is an Oklahoma

corporation headquartered in Oklahoma, which may be served through its registered

service agent: Ken Hamilton, D.O., 2007 North Commerce Avenue, Suite 201, Ardmore,

Oklahoma 73401.

8. Defendant MARK E. MELTON, DO, LLC is an Oklahoma limited liability company

headquartered in Oklahoma, which may be served through its registered service agent:

Mark E. Melton, 108 Woods Lane, Ardmore, Oklahoma 73401.


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9. Defendant MARK MELTON, D.O. is a physician licensed in Oklahoma and domiciled in

Oklahoma, and may be served at his place of business: Southern Oklahoma W omen's

Health, 731 12th Avenue NW, Suite 201, Ardmore, Oklahoma 73401.

CAUSES OF ACTION

10. This case is brought pursuant to the common law of Oklahoma.

11. This case is not brought pursuant to the Affordable Access to Health Care Act.

12. The Affordable Access to Health Care Act does not create a cause of action, nor does it

abolish the common law.

13. On or about August 27, 2015, ERIKA MULSOW, then pregnant, submitted herself to the

care and treatment by Defendants MERCY HOSPITAL ARDMORE, INC., MERCY

HOSPITAL ARDMORE, INC. d/b/a MERCY HOSPITAL ARDMORE, MERCY

HOSPITAL ARDMORE, SOUTHERN OKLAHOMA WOMEN'S HEALTH, P.C. and

MARK E. MELTON, DO, LLC, and their agents, ostensible agents, agents by estoppel

and/or employees; and Defendant MARK MELTON, D.O., a medical doctor.

14. During the course of such care and treatment, Defendants engaged in several acts and

omissions constituting negligence, and such acts and omissions, among others, are as

follows:

a. In failing to properly diagnose the conditions of ERIKA MULSOW and T.E.M., A Minor;

b. In failing to properly treat the conditions of ERIKA MULSOW and T.E.M., A

Minor; c. In failing to properly monitor ERIKA MULSOW and T.E.M., A Minor;

d. In failing to provide the medical and nursing care reasonably required in view of

the conditions of ERIKA MULSOW and T.E.M., A Minor; and


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e. In failing to properly recognize maternal and fetal conditions in sufficient time to avoid the injuries sustained by T.E.M., A Minor.

15. Said failures constitute negligence for which the Defendants are legally responsible.

16. Defendants MERCY HOSPITAL ARDMORE, INC., MERCY HOSPITAL ARDMORE,

INC. d/b/a MERCY HOSPITAL ARDMORE, MERCY HOSPITAL ARDMORE,

SOUTHERN OKLAHOMA WOMEN'S HEALTH, P.C. and MARK E. MELTON, DO,

LLC are responsible for the actions of their employees, agents, including its nurses and

technicians.

17. Defendants MERCY HOSPITAL ARDMORE, INC., MERCY HOSPITAL ARDMORE,

INC. d/b/a MERCY HOSPITAL ARDMORE, MERCY HOSPITAL ARDMORE,

SOUTHERN OKLAHOMA WOMEN'S HEALTH, P.C., MARK E. MELTON, DO,

LLC and MARK E. MELTON, D.O. are liable for the injuries resulting from the

negligent care provided to ERIKA MULSOW and T.E.M., A Minor.

18. Defendants acted recklessly with regard to the treatment provided to ERIKA MULSOW

and T.E.M., A Minor.

19. Defendants acted intentionally and with malice, or in the alternative, with reckless

disregard for the rights of others, including ERIKA MULSOW and T.E.M., A Minor, and

with gross negligence.

20. As a result of the Defendants' negligence, T.E.M., A Minor, suffered permanent brain

damage, great pain of mind and body, and related expenses.

21. Plaintiff ERIKA MULSOW was at the time of the occurrence in question and is now the

mother of T.E.M., A Minor, and, as a result of said injuries and harm, has and will lose the

services, society, comfort, companionship, and consortium of her son, and has incurred

and will continue to incur medical expenses related to his significant and permanent


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injuries.

22. Plaintiff BRADLEY MULSOW, was at the time of the occurrence in question and is now

the father of T.E.M., A Minor, and, as a result of said injuries and harm, has and will lose

the services, society, comfort, companionship, and consortium of his son, and has

incurred and will continue to incur medical expenses related to his significant and

permanent injuries.

23. Plaintiffs' injuries caused by Defendants' negligence include, but are not limited to:

a. Physical injuries;

b. Mental anguish;

c. Fright;

d. Grief;

e. Shock;

f. Pain and suffering;

g. Emotional distress;

h. Impairment of earning capacity;

i. Lost wages;

j. Disfigurement;

k. Medical, hospital, rehabilitative and nursing expenses, both past and future;

l. Prejudgment and post-judgment interest;

m. Costs of litigation; and

n. Exemplary damages.


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PRAYER FOR RELIEF

24. WHEREFORE, Plaintiffs pray as follows:

a. That process should issue and that Defendants should be served as provided by law;

b. That Plaintiffs should have a trial by jury; c. That Plaintiffs should have judgment in excess of the jurisdictional limits of this

Court against Defendants, in an amount to be determined upon the evidence, for the injuries and other damages determined upon the evidence by the enlightened conscience of the jury;

d. That interest and all costs of this action be cast against Defendants; and, e. That Plaintiffs have such other and further relief as this Court deems just and

proper. ATTORNEYS LIEN CLAIMED JURY TRIAL DEMANDED Respectfully submitted, NORMAN & EDEM, PLLC By: /s/ L. Mark Bonner John W. Norman, OBA # 6699 [email protected] Emmanuel E. Edem, OBA #2614 [email protected] L. Mark Bonner, OBA #14541 [email protected] Bradley E. Norman OBA #18975 Renaissance Centre East 127 N.W. 10th Street Oklahoma City, Oklahoma 73103-4927 Telephone: (405) 272-0200 Facsimile: (405) 272-1055


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OF COUNSEL: Richard Warren Mithoff Federal Bar No. 2012 [email protected] Joseph R. Alexander, Jr. Federal Bar No. 1368 [email protected] MITHOFF LAW FIRM 500 Dallas Street, Suite 3450 Houston, Texas 77002 Telephone: (713) 654-1122 Facsimile: (713) 739-8085 ATTORNEYS FOR PLAINTIFFS


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