Preview
FILED
7/26/2023 9:43 AM
FELICIA PITRE
3 CITS E-SERVE DISTRICT CLERK
DALLAS CO., TEXAS
Kryshawna Charleston DEPUTY
CAUSE NO. DC-22-15251
NAM VAN NGUYEN, HOA THI IN THE DISTRICT COURT
VU, individually and as
representatives of the Estate of
THANH TUYET NGUYEN,
deceased, and THANH DUY
PHAM, as next friend of TUP,
00>OODWDWDOODWDWDOODWDWDmmmmmmmmmmmmmmmmmm
TQP, and TPP, minors,
Plaintiffs,
V.
THANH-TRUC NGOC LE, DDS,
individually and D/B/A
TRUCARE DENTAL, P.A., DALLAS COUNTY, TEXAS
SHAHRAM SANI, M.D.,
individually and d/b/a DALLAS
PRIMARY CARE, SRIKANT
NANNAPANEI, M.D.,
individually and d/b/a 02
PULMONARY & SLEEP
CLINIC AT GRAPEVINE, and
HARSHIT S. RAO, M.D.,
individually and d/b/a 02
PULMONARY & SLEEP
CLINIC AT GRAPEVINE.
Defendants. 68th JUDICIAL DISTRICT
PLAINTIFFS’ SECOND AMENDED ORIGINAL PETITION
COMES NOW, NAM VAN NGUYEN, HOA THI VU, individually and as
representatives of the Estate of THANH TUYET NGUYEN, deceased, and
THANH DUY PHAM, as next friend of TUP, TQP, and TPP, minors, Plaintiffs,
PLAINTIFFS’ SECOND AMENDED PETITION — Page 1 of 14 Nguyen—petition 1n Amended—
fl07102309
and file this their Second Amended Original Petition, complaining of, THANH-
TRUC NGOC LE, DDS, individually and D/B/A TRUCARE DENTAL,
SHAHRAM SANI, M.D., DALLAS PRIMARY CARE, SRIKANI
NANNAPANENI, M.D., individually and d/b/ a 02 PULMONARY & SLEEP
CLINIC AT GRAPEVINE, and HARSHIT S. RAO, M.D., individually and d/b/a
02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, and would show this
Court the following:
DISCOVERY CONTROL PLAN
Plaintiffs intend to conduct discovery under Level III of Rule 190.4 of
TEXAS RULE OF CIVIL PROCEDURE 190.4 because they seek monetary relief
aggregating more than $50,000, and request that the Court enter a Discovery
Control Plan to place this case under Level III.
II.
PARTIES
1. Plaintiffs NAM VAN NGUYEN and HOA THI VU, are citizens and
residents of Haltom City, Tarrant County, Texas and are the surviving natural
parents of Thanh Tuyet Nguyen.
2. Plaintiff THANH DUY PHAM, as next friend of TUP, TQP, and
PLAINTIFFS’ SECOND AMENDED PETITION — Page 2 of l4 Nguyen—Pefiu'on 1n Amended—
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TPP, minors, is a citizen and a resident of Haltom City, Tarrant County, Texas and
brings this suit on behalf of TUP, TQP, and TPP, minor daughters of Thanh Tuyet
Nguyen, deceased.
2. Defendant THANH—TRUC NGOC LE, D.D.S. has been served and an
answer filed herein.
4. Defendant TRUCARE DENTAL, P.A. has been served and an answer
filed herein.
5. Defendant SHAHRAM SANI, M.D., individually and d/b/a Dallas
Primary Care, is a licensed physician practicing in Dallas County, Texas. Service of
process may be had upon Defendant by serving him at 1082 Goldwood Ln., Frisco,
TX 75036, or wherever he may be found.
6. Defendant SRIKANI NANNAPANENI, M.D., individually and d/b/a
02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, is a licensed physicians
practicing in Dallas County, Texas. Service of process may be had upon said
Defendant by serving Defendant at 705 Stacy Dr., Southlake, TX 7 6092, or wherever
he may be found.
8. Defendant HARSHIT S. RAO, M.D, individually and d/b/a 02
PULMONARY & SLEEP CLINIC AT GRAPEVINE, is a licensed physicians
practicing in Dallas County, Texas. Service of process may be had upon said
PLAINTIFFS’ SECOND AMENDED PETITION — Page 3 of l4 Nguyen—refiner! 1n Amended—
{107102309
Defendant by serving Defendant at 917 LaSalle Lane, Southlake, TX 7 6092, or
wherever he may be found.
III.
STATUTORY NOTICE
Defendants received notice of this health care liability claim pursuant to
TEX. CIV. PRAC. REM. CODE § 74.051 and all conditions precedent to the filing of
this lawsuit have been performed. Further, Plaintiffs believe Defendants had actual
knowledge of the existence of these claims more than sixty days prior to the filing
of this action.
1V.
VENUE AND JURISDICTION
Venue is proper in this Court by Virtue of sections 15.001 et seq. of the
Texas Civil Practice & Remedies Code because one or more Defendants’ principal
offices are in Dallas County, and because the events giving rise to this suit
occurred in Dallas County.
This Court has jurisdiction because Plaintiffs’ damages are Within the
jurisdictional limits of this Court.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 4 of l4 Nguyen-Petition 1n Amended—
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V.
CLAIM FOR RELIEF
Plaintiffs seek relief in accordance With TEX. R. CIV. P. 47(c)(4).
VI.
FACTS
1. Thanh Tuyet Nguyen sought dental care from Than-True Le, DDS at
TruCare Dental, P.A. A patient-dentist relationship existed between Ms. Nguyen
and Dr. Le.
2. On May 20th, 2021, Ms. Nguyen was seen at TruCare Dental when
Thanh-Truc Le, DDS, noted that the patient was eating crawfish when a claw
scratched the lower right anterior of the mouth which swelled up with pus. Dr. Le
confirmed a finding of pus on this Visit. Dr. Le performed an incision and drainage
of lower right where there was pus and an abscess between teeth 26 and 27. Ms.
Nguyen was prescribed Clindamycin, which is an antibiotic that does not provide
sufficient bacterial coverage for microorganisms that can predictably originate
from shellfish.
3. On May 24th Ms. Nguyen returned complaining of “swollen and
hurting on the bottom right.” Dr. Le noted that Ms. Nguyen's condition had
worsened. She now exhibited swelling of the lower right starting from the midline
to angle of the mandible and had developed a buccal sinus tract at teeth 26 and 27.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 5 of 14 Nguyen—remain 1n Amended—
507102309
Purulence and fluctuance was noted on clinical evaluation, as well as pain to
palpation in the mandible and submandibular region. Trismus was noted and
limited the ability of Ms. Nguyen to open her mouth to no more than 15mm wide.
Dr. Le then incised the buccal sinus tract between teeth 26 and 27. Again, a
significant amount of purulence was noted and drained. The antibiotic prescribed
by Dr. Le did not effectively cover for microbes that could be reasonable
anticipated following an injury that originated from shellfish.
4. On May 25, 2021 , Ms. Nguyen did not appear well when she arrived
for a 24-hour follow up. The infection had progressed and Ms. Nguyen could
hardly open her mouth. Dr. Le again incised at buccal sinus for teeth 26 and 27 as
well as at teeth 19 and 20. Purulence and blood was repeatedly identified.
5. Ms. Nguyen was instructed to remain at TruCare Dental in order to
consult with Dr. McNeill that afternoon. Ms. Nguyen's condition continued to
deteriorate and necessitated a 911 call. When EMS arrived to take her to the
hospital, Ms Nguyen was noted be tachycardic and hypoxemic. EMS administered
supplemental oxygen and transported Ms. Nguyen to City Hospital at White Rock.
6. Defendants Sani, Nannapanei and Rao, provided critical care medical
treatment to Ms. Nguyen at City Hospital at White Rock. The care provided by
each failed to meet the standard of care for critical care medicine, and was
negligent.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 6 of 14 Nguyen-Petition 1n Amended—
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7. Unfortunately, interventions to save her were unsuccessful. She died
of septic shock.
8. Defendants’ negligent acts and/or omissions contributed to
cause Ms. Nguyen’s damages and ultimate death, more fully described below.
VII.
CAUSES 0F ACTION AGAINST THANH-TRUC LE, DDS and
TRUCARE DENTAL P.A.
1. Defendant Le practiced dentistry and treated Thanh Tuyet Nguyen,
through TruCare Dental, P.A. At all times while she was treating Thanh Tuyet
Nguyen, Defendant Le was an employee, owner, representative or agent of
TruCare Dental, P.A., making TruCare legally responsible for Defendant Le’s
negligent acts and/or omissions.
2. Defendants’ negligent acts and omissions include the following:
a. Failing to obtain a comprehensive medical history and
recording same;
b. Failing to properly treat, properly advise, and/or refer or consult
on the care of Ms. Nguyen;
c. Failing to prescribe appropriate antibiotics;
d. Failing to refer Ms. Nguyen to a specialist;
e. Proceeding with treatment of Ms. Nguyen with a pus producing
infection that was enlarging and spreading.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 7 of l4 Nguyen—Petition 1n Amended—
{107102309
3. Defendant Thanh-True Le’s negligent acts and omissions singularly
and/or in combination were a proximate cause of Thanh Tuyet Nguyen’s injuries
and ultimate described more fully below.
VIII.
CAUSES OF ACTION AGAINST SHAHRAM SANI, M.D.,
individually and d/b/a DALLAS PRIMARY CARE
1. Defendant Sani practiced medicine and treated Thanh Tuyet
Nguyen, through Dallas Primary Care at City Hospital at White Rock. At all times
while treating Thanh Tuyet Nguyen, Defendant Sani was an employee, owner,
representative or agent of Dallas Primary Care, making Dallas Primary Care
legally responsible for Defendant Sani’s negligent acts and/or omissions.
2. Defendants’ negligent acts and omissions include the following:
a. Failing to obtain a comprehensive medical history and recording
same;
b. Failing to properly treat, properly advise, and/or refer or consult on
the care of Ms. Nguyen;
c. Failing to prescribe appropriate antibiotics;
d. Failing to refer Ms. Nguyen to a specialist;
3. Defendant Sani’s negligent acts and omissions singularly and/or in
combination were a proximate cause of Thanh Tuyet Nguyen’s injuries and
ultimate described more fully below.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 8 of l4 Nguyen—refiner! 1n Amended—
{107102309
IX.
CAUSES OF ACTION AGAINST SRIKANT NANNAPANEI, M.D.,
individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT
GRAPEVINE
1. Defendant Nannapanei practiced medicine and treated Thanh
Tuyet Nguyen, through 02 Pulmonary & Sleep Clinic at Grapevine at City
Hospital at White Rock. At all times while treating Thanh Tuyet Nguyen,
Defendant Nannapanei was an employee, owner, representative or agent of 02
Pulmonary & Sleep Clinic at Grapevine, making 02 Pulmonary & Sleep Clinic at
Grapevine legally responsible for Defendant Nannapanei’s negligent acts and/or
omissions.
2. Defendants’ negligent acts and omissions include the following:
a. Failing to properly treat, properly advise, and/or refer or consult
on the care of Ms. Nguyen;
b. Failing to prescribe appropriate antibiotics;
c. Failing to refer Ms. Nguyen to a specialist;
3. Defendant Nannapanei’s negligent acts and omissions singularly
and/or in combination were a proximate cause of Thanh Tuyet Nguyen’s injuries
and ultimate described more fully below.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 9 of l4 Nguyen—reason 1n Amended—
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X.
CAUSES OF ACTION AGAINST HARSHIT S. RAO, M.D., individually and
d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE
1. Defendant Rao practiced medicine and treated Thanh Tuyet Nguyen,
Through 02 Pulmonary & Sleep Clinic at Grapevine at City Hospital at White
Rock. At all times while treating Thanh Tuyet Nguyen, Defendant Rao was an
employee, owner, representative or agent of 02 Pulmonary & Sleep Clinic at
Grapevine, making 02 Pulmonary & Sleep Clinic at Grapevine legally responsible
for Defendant Rao’s negligent acts and/or omissions.
2. Defendants’ negligent acts and omissions include the following:
a. Failing to properly treat, properly advise, and/or refer or consult on
the care of Ms. Nguyen;
b. Failing to prescribe appropriate antibiotics;
c. Failing to refer Ms. Nguyen to a specialist;
3. Defendant Rao’s negligent acts and omissions singularly and/or in
combination were a proximate cause of Thanh Tuyet Nguyen’s injuries
and ultimate described more fully below.
XI
DAMAGES FOR PLAINTIFFS
1. Plaintiffs have experienced mental anguish and emotional distress in
the past and in all reasonable probability such mental anguish and emotional distress
PLAINTIFFS’ SECOND AMENDED PETITION — Page 10 of 14 Nguyen—Pefiuon 1n Amended—
{107102309
will continue in the future as a result of the premature and wrongful death of their
daughter and mother, Thanh Tuyet Nguyen.
2. As a result of the death of Thanh Tuyet Nguyen, Plaintiffs suffered loss
of the companionship, society, affection, consortium, emotional support,
companionship, familial relationship, comfort, love, and care Which Plaintiffs would
have enjoyed between themselves and their daughter and mother, Thanh Tuyet
Nguyen.
3. Plaintiffs have sustained past and future economic loss as a result of the
premature and wrongful death of their daughter and mother, Thanh Tuyet Nguyen.
4. Plaintiffs have sustained past and future loss of services as a result of
the premature and wrongful death of their daughter and mother, Thanh Tuyet
Nguyen.
XI.
DAMAGES FOR THE ESTATE OF THANH TUYET NGUYEN
1. Prior to her death Thanh Tuyet Nguyen in reasonable probability
experienced physical pain and mental anguish as a result of her treatment for which
his estate is entitled to recover damages.
2. Thanh Tuyet Nguyen’s estate incurred reasonable and necessary funeral
PLAINTIFFS’ SECOND AMENDED PETITION — Page 11 of 14 Nguyen—Pefiuon 1n Amended—
{107102309
expenses appropriate for his station in life as a result of her death for which her
estate is entitled to recover.
3. Thanh Tuyet Nguyen’s estate is entitled to recover the reasonable and
necessary medical expenses incurred as result of her injuries.
XII.
CLAIM FOR PRE-JUDGMENT AND POST-JUDGMENT INTEREST
Plaintiffs assert a claim for pre-judgment and post-judgment interest in
accordance with Texas law.
XIII.
JURY DEMAND
Pursuant to Rules 216 and 217 of the Texas Rules of Civil Procedure,
Plaintiffs request a jury trial of this matter. Accordingly, Plaintiffs tendered the
proper jury fee with the filing of Plaintiffs’ Original Petition.
XIV.
REQUEST FOR PRESERVATION
The Defendants are hereby given notice that any document or other material,
including electronically stored information, that may be evidence or relevant to any
issue in this case is to be preserved in its present form until this litigation is
concluded.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 12 of 14 Nguyen-Petition 1n Amended—
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XV.
NOTICE PURSUANT TO T.R.C.P. 193.7
Plaintiffs provide notice to Defendants pursuant to Rule 193.7 of the Texas
Rules of Civil Procedure that Plaintiffs may utilize as evidence during the trial of
this lawsuit all documents exchanged by the parties in written discovery in this
case.
WHEREFORE, Plaintiffs pray that Defendants be cited to appear and
answer and, upon final trial, Plaintiffs have judgment against Defendants for the
damages described herein, for the cost of this lawsuit, pre—judgment and post—
judgment interest, and for such other relief to which Plaintiffs may be justly
entitled.
PLAINTIFFS’ SECOND AMENDED PETITION — Page 13 of 14 Nguyen—remain 1n Amended—
{107102309
Respectfully submitted,
TURLEY LAW FIRM
/s/ Linda Turley
Linda Turley
State Bar No. 20303800
6440 North Central Expressway
1000 Turley Law Center
Dallas, Texas 75206
Telephone No. 214/691-4025
Telecopier N0. 214/361-5802
Email: lindat@wturley.com,
janeyk@wtur1ey.com,
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
This is to certify that on this 26tj day of July, 2023, a true and correct copy
of the foregoing document was forwarded to all counsel of record as follows:
William D. Wiles _ Hand Delivery
Mayer, LLP _ Certified Mail, Return Receipt Requested:
750 N. St. Paul St, Ste 700 _ Receipted Commercial Delivery
Dallas, TX 75201 _ Regular U.S. Mail
Fax: 2 14-3 7 9—6939 _ Email
_ Facsimile
Tex File E-service
/s/ LindaTurley
Linda Turley
PLAINTIFFS’ SECOND AMENDED PETITION — Page 14 of 14 Nguyen—petition 1n Amended—
fl07102309
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Janey Kirby on behalf of Linda Turley
Bar No. 20303800
janeyk@wturley.com
Envelope ID: 77889177
Filing Code Description: Amended Petition
Filing Description: 2ND & REQUEST FOR CITATIONS (3) - SANI,
NANNAPANEI, & RAO - NAM VAN NGUYEN
Status as of 7/26/2023 8:03 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William DixonWiles dwiles@mayerllp.com 7/26/2023 9:43:18 AM SENT
Angela Herrington aherrington@mayerllp.com 7/26/2023 9:43:18 AM SENT
Linda Turley lindat@wturley.com 7/26/2023 9:43:18 AM SENT
Janey Kirby janeyk@wturley.com 7/26/2023 9:43:18 AM SENT
Kelsey Apsey kapsey@mayerllp.com 7/26/2023 9:43:18 AM SENT
Preview
FILED 7/26/2023 9:43 AM FELICIA PITRE 3 CITS E-SERVE DISTRICT CLERK DALLAS CO., TEXAS Kryshawna Charleston DEPUTY CAUSE NO. DC-22-15251 NAM VAN NGUYEN, HOA THI IN THE DISTRICT COURT VU, individually and as representatives of the Estate of THANH TUYET NGUYEN, deceased, and THANH DUY PHAM, as next friend of TUP, 00>OODWDWDOODWDWDOODWDWDmmmmmmmmmmmmmmmmmm TQP, and TPP, minors, Plaintiffs, V. THANH-TRUC NGOC LE, DDS, individually and D/B/A TRUCARE DENTAL, P.A., DALLAS COUNTY, TEXAS SHAHRAM SANI, M.D., individually and d/b/a DALLAS PRIMARY CARE, SRIKANT NANNAPANEI, M.D., individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, and HARSHIT S. RAO, M.D., individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE. Defendants. 68th JUDICIAL DISTRICT PLAINTIFFS’ SECOND AMENDED ORIGINAL PETITION COMES NOW, NAM VAN NGUYEN, HOA THI VU, individually and as representatives of the Estate of THANH TUYET NGUYEN, deceased, and THANH DUY PHAM, as next friend of TUP, TQP, and TPP, minors, Plaintiffs, PLAINTIFFS’ SECOND AMENDED PETITION — Page 1 of 14 Nguyen—petition 1n Amended— fl07102309 and file this their Second Amended Original Petition, complaining of, THANH- TRUC NGOC LE, DDS, individually and D/B/A TRUCARE DENTAL, SHAHRAM SANI, M.D., DALLAS PRIMARY CARE, SRIKANI NANNAPANENI, M.D., individually and d/b/ a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, and HARSHIT S. RAO, M.D., individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, and would show this Court the following: DISCOVERY CONTROL PLAN Plaintiffs intend to conduct discovery under Level III of Rule 190.4 of TEXAS RULE OF CIVIL PROCEDURE 190.4 because they seek monetary relief aggregating more than $50,000, and request that the Court enter a Discovery Control Plan to place this case under Level III. II. PARTIES 1. Plaintiffs NAM VAN NGUYEN and HOA THI VU, are citizens and residents of Haltom City, Tarrant County, Texas and are the surviving natural parents of Thanh Tuyet Nguyen. 2. Plaintiff THANH DUY PHAM, as next friend of TUP, TQP, and PLAINTIFFS’ SECOND AMENDED PETITION — Page 2 of l4 Nguyen—Pefiu'on 1n Amended— {107102309 TPP, minors, is a citizen and a resident of Haltom City, Tarrant County, Texas and brings this suit on behalf of TUP, TQP, and TPP, minor daughters of Thanh Tuyet Nguyen, deceased. 2. Defendant THANH—TRUC NGOC LE, D.D.S. has been served and an answer filed herein. 4. Defendant TRUCARE DENTAL, P.A. has been served and an answer filed herein. 5. Defendant SHAHRAM SANI, M.D., individually and d/b/a Dallas Primary Care, is a licensed physician practicing in Dallas County, Texas. Service of process may be had upon Defendant by serving him at 1082 Goldwood Ln., Frisco, TX 75036, or wherever he may be found. 6. Defendant SRIKANI NANNAPANENI, M.D., individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, is a licensed physicians practicing in Dallas County, Texas. Service of process may be had upon said Defendant by serving Defendant at 705 Stacy Dr., Southlake, TX 7 6092, or wherever he may be found. 8. Defendant HARSHIT S. RAO, M.D, individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE, is a licensed physicians practicing in Dallas County, Texas. Service of process may be had upon said PLAINTIFFS’ SECOND AMENDED PETITION — Page 3 of l4 Nguyen—refiner! 1n Amended— {107102309 Defendant by serving Defendant at 917 LaSalle Lane, Southlake, TX 7 6092, or wherever he may be found. III. STATUTORY NOTICE Defendants received notice of this health care liability claim pursuant to TEX. CIV. PRAC. REM. CODE § 74.051 and all conditions precedent to the filing of this lawsuit have been performed. Further, Plaintiffs believe Defendants had actual knowledge of the existence of these claims more than sixty days prior to the filing of this action. 1V. VENUE AND JURISDICTION Venue is proper in this Court by Virtue of sections 15.001 et seq. of the Texas Civil Practice & Remedies Code because one or more Defendants’ principal offices are in Dallas County, and because the events giving rise to this suit occurred in Dallas County. This Court has jurisdiction because Plaintiffs’ damages are Within the jurisdictional limits of this Court. PLAINTIFFS’ SECOND AMENDED PETITION — Page 4 of l4 Nguyen-Petition 1n Amended— {107102309 V. CLAIM FOR RELIEF Plaintiffs seek relief in accordance With TEX. R. CIV. P. 47(c)(4). VI. FACTS 1. Thanh Tuyet Nguyen sought dental care from Than-True Le, DDS at TruCare Dental, P.A. A patient-dentist relationship existed between Ms. Nguyen and Dr. Le. 2. On May 20th, 2021, Ms. Nguyen was seen at TruCare Dental when Thanh-Truc Le, DDS, noted that the patient was eating crawfish when a claw scratched the lower right anterior of the mouth which swelled up with pus. Dr. Le confirmed a finding of pus on this Visit. Dr. Le performed an incision and drainage of lower right where there was pus and an abscess between teeth 26 and 27. Ms. Nguyen was prescribed Clindamycin, which is an antibiotic that does not provide sufficient bacterial coverage for microorganisms that can predictably originate from shellfish. 3. On May 24th Ms. Nguyen returned complaining of “swollen and hurting on the bottom right.” Dr. Le noted that Ms. Nguyen's condition had worsened. She now exhibited swelling of the lower right starting from the midline to angle of the mandible and had developed a buccal sinus tract at teeth 26 and 27. PLAINTIFFS’ SECOND AMENDED PETITION — Page 5 of 14 Nguyen—remain 1n Amended— 507102309 Purulence and fluctuance was noted on clinical evaluation, as well as pain to palpation in the mandible and submandibular region. Trismus was noted and limited the ability of Ms. Nguyen to open her mouth to no more than 15mm wide. Dr. Le then incised the buccal sinus tract between teeth 26 and 27. Again, a significant amount of purulence was noted and drained. The antibiotic prescribed by Dr. Le did not effectively cover for microbes that could be reasonable anticipated following an injury that originated from shellfish. 4. On May 25, 2021 , Ms. Nguyen did not appear well when she arrived for a 24-hour follow up. The infection had progressed and Ms. Nguyen could hardly open her mouth. Dr. Le again incised at buccal sinus for teeth 26 and 27 as well as at teeth 19 and 20. Purulence and blood was repeatedly identified. 5. Ms. Nguyen was instructed to remain at TruCare Dental in order to consult with Dr. McNeill that afternoon. Ms. Nguyen's condition continued to deteriorate and necessitated a 911 call. When EMS arrived to take her to the hospital, Ms Nguyen was noted be tachycardic and hypoxemic. EMS administered supplemental oxygen and transported Ms. Nguyen to City Hospital at White Rock. 6. Defendants Sani, Nannapanei and Rao, provided critical care medical treatment to Ms. Nguyen at City Hospital at White Rock. The care provided by each failed to meet the standard of care for critical care medicine, and was negligent. PLAINTIFFS’ SECOND AMENDED PETITION — Page 6 of 14 Nguyen-Petition 1n Amended— {107102309 7. Unfortunately, interventions to save her were unsuccessful. She died of septic shock. 8. Defendants’ negligent acts and/or omissions contributed to cause Ms. Nguyen’s damages and ultimate death, more fully described below. VII. CAUSES 0F ACTION AGAINST THANH-TRUC LE, DDS and TRUCARE DENTAL P.A. 1. Defendant Le practiced dentistry and treated Thanh Tuyet Nguyen, through TruCare Dental, P.A. At all times while she was treating Thanh Tuyet Nguyen, Defendant Le was an employee, owner, representative or agent of TruCare Dental, P.A., making TruCare legally responsible for Defendant Le’s negligent acts and/or omissions. 2. Defendants’ negligent acts and omissions include the following: a. Failing to obtain a comprehensive medical history and recording same; b. Failing to properly treat, properly advise, and/or refer or consult on the care of Ms. Nguyen; c. Failing to prescribe appropriate antibiotics; d. Failing to refer Ms. Nguyen to a specialist; e. Proceeding with treatment of Ms. Nguyen with a pus producing infection that was enlarging and spreading. PLAINTIFFS’ SECOND AMENDED PETITION — Page 7 of l4 Nguyen—Petition 1n Amended— {107102309 3. Defendant Thanh-True Le’s negligent acts and omissions singularly and/or in combination were a proximate cause of Thanh Tuyet Nguyen’s injuries and ultimate described more fully below. VIII. CAUSES OF ACTION AGAINST SHAHRAM SANI, M.D., individually and d/b/a DALLAS PRIMARY CARE 1. Defendant Sani practiced medicine and treated Thanh Tuyet Nguyen, through Dallas Primary Care at City Hospital at White Rock. At all times while treating Thanh Tuyet Nguyen, Defendant Sani was an employee, owner, representative or agent of Dallas Primary Care, making Dallas Primary Care legally responsible for Defendant Sani’s negligent acts and/or omissions. 2. Defendants’ negligent acts and omissions include the following: a. Failing to obtain a comprehensive medical history and recording same; b. Failing to properly treat, properly advise, and/or refer or consult on the care of Ms. Nguyen; c. Failing to prescribe appropriate antibiotics; d. Failing to refer Ms. Nguyen to a specialist; 3. Defendant Sani’s negligent acts and omissions singularly and/or in combination were a proximate cause of Thanh Tuyet Nguyen’s injuries and ultimate described more fully below. PLAINTIFFS’ SECOND AMENDED PETITION — Page 8 of l4 Nguyen—refiner! 1n Amended— {107102309 IX. CAUSES OF ACTION AGAINST SRIKANT NANNAPANEI, M.D., individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE 1. Defendant Nannapanei practiced medicine and treated Thanh Tuyet Nguyen, through 02 Pulmonary & Sleep Clinic at Grapevine at City Hospital at White Rock. At all times while treating Thanh Tuyet Nguyen, Defendant Nannapanei was an employee, owner, representative or agent of 02 Pulmonary & Sleep Clinic at Grapevine, making 02 Pulmonary & Sleep Clinic at Grapevine legally responsible for Defendant Nannapanei’s negligent acts and/or omissions. 2. Defendants’ negligent acts and omissions include the following: a. Failing to properly treat, properly advise, and/or refer or consult on the care of Ms. Nguyen; b. Failing to prescribe appropriate antibiotics; c. Failing to refer Ms. Nguyen to a specialist; 3. Defendant Nannapanei’s negligent acts and omissions singularly and/or in combination were a proximate cause of Thanh Tuyet Nguyen’s injuries and ultimate described more fully below. PLAINTIFFS’ SECOND AMENDED PETITION — Page 9 of l4 Nguyen—reason 1n Amended— {107102309 X. CAUSES OF ACTION AGAINST HARSHIT S. RAO, M.D., individually and d/b/a 02 PULMONARY & SLEEP CLINIC AT GRAPEVINE 1. Defendant Rao practiced medicine and treated Thanh Tuyet Nguyen, Through 02 Pulmonary & Sleep Clinic at Grapevine at City Hospital at White Rock. At all times while treating Thanh Tuyet Nguyen, Defendant Rao was an employee, owner, representative or agent of 02 Pulmonary & Sleep Clinic at Grapevine, making 02 Pulmonary & Sleep Clinic at Grapevine legally responsible for Defendant Rao’s negligent acts and/or omissions. 2. Defendants’ negligent acts and omissions include the following: a. Failing to properly treat, properly advise, and/or refer or consult on the care of Ms. Nguyen; b. Failing to prescribe appropriate antibiotics; c. Failing to refer Ms. Nguyen to a specialist; 3. Defendant Rao’s negligent acts and omissions singularly and/or in combination were a proximate cause of Thanh Tuyet Nguyen’s injuries and ultimate described more fully below. XI DAMAGES FOR PLAINTIFFS 1. Plaintiffs have experienced mental anguish and emotional distress in the past and in all reasonable probability such mental anguish and emotional distress PLAINTIFFS’ SECOND AMENDED PETITION — Page 10 of 14 Nguyen—Pefiuon 1n Amended— {107102309 will continue in the future as a result of the premature and wrongful death of their daughter and mother, Thanh Tuyet Nguyen. 2. As a result of the death of Thanh Tuyet Nguyen, Plaintiffs suffered loss of the companionship, society, affection, consortium, emotional support, companionship, familial relationship, comfort, love, and care Which Plaintiffs would have enjoyed between themselves and their daughter and mother, Thanh Tuyet Nguyen. 3. Plaintiffs have sustained past and future economic loss as a result of the premature and wrongful death of their daughter and mother, Thanh Tuyet Nguyen. 4. Plaintiffs have sustained past and future loss of services as a result of the premature and wrongful death of their daughter and mother, Thanh Tuyet Nguyen. XI. DAMAGES FOR THE ESTATE OF THANH TUYET NGUYEN 1. Prior to her death Thanh Tuyet Nguyen in reasonable probability experienced physical pain and mental anguish as a result of her treatment for which his estate is entitled to recover damages. 2. Thanh Tuyet Nguyen’s estate incurred reasonable and necessary funeral PLAINTIFFS’ SECOND AMENDED PETITION — Page 11 of 14 Nguyen—Pefiuon 1n Amended— {107102309 expenses appropriate for his station in life as a result of her death for which her estate is entitled to recover. 3. Thanh Tuyet Nguyen’s estate is entitled to recover the reasonable and necessary medical expenses incurred as result of her injuries. XII. CLAIM FOR PRE-JUDGMENT AND POST-JUDGMENT INTEREST Plaintiffs assert a claim for pre-judgment and post-judgment interest in accordance with Texas law. XIII. JURY DEMAND Pursuant to Rules 216 and 217 of the Texas Rules of Civil Procedure, Plaintiffs request a jury trial of this matter. Accordingly, Plaintiffs tendered the proper jury fee with the filing of Plaintiffs’ Original Petition. XIV. REQUEST FOR PRESERVATION The Defendants are hereby given notice that any document or other material, including electronically stored information, that may be evidence or relevant to any issue in this case is to be preserved in its present form until this litigation is concluded. PLAINTIFFS’ SECOND AMENDED PETITION — Page 12 of 14 Nguyen-Petition 1n Amended— {107102309 XV. NOTICE PURSUANT TO T.R.C.P. 193.7 Plaintiffs provide notice to Defendants pursuant to Rule 193.7 of the Texas Rules of Civil Procedure that Plaintiffs may utilize as evidence during the trial of this lawsuit all documents exchanged by the parties in written discovery in this case. WHEREFORE, Plaintiffs pray that Defendants be cited to appear and answer and, upon final trial, Plaintiffs have judgment against Defendants for the damages described herein, for the cost of this lawsuit, pre—judgment and post— judgment interest, and for such other relief to which Plaintiffs may be justly entitled. PLAINTIFFS’ SECOND AMENDED PETITION — Page 13 of 14 Nguyen—remain 1n Amended— {107102309 Respectfully submitted, TURLEY LAW FIRM /s/ Linda Turley Linda Turley State Bar No. 20303800 6440 North Central Expressway 1000 Turley Law Center Dallas, Texas 75206 Telephone No. 214/691-4025 Telecopier N0. 214/361-5802 Email: lindat@wturley.com, janeyk@wtur1ey.com, ATTORNEY FOR PLAINTIFFS CERTIFICATE OF SERVICE This is to certify that on this 26tj day of July, 2023, a true and correct copy of the foregoing document was forwarded to all counsel of record as follows: William D. Wiles _ Hand Delivery Mayer, LLP _ Certified Mail, Return Receipt Requested: 750 N. St. Paul St, Ste 700 _ Receipted Commercial Delivery Dallas, TX 75201 _ Regular U.S. Mail Fax: 2 14-3 7 9—6939 _ Email _ Facsimile Tex File E-service /s/ LindaTurley Linda Turley PLAINTIFFS’ SECOND AMENDED PETITION — Page 14 of 14 Nguyen—petition 1n Amended— fl07102309 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Janey Kirby on behalf of Linda Turley Bar No. 20303800 janeyk@wturley.com Envelope ID: 77889177 Filing Code Description: Amended Petition Filing Description: 2ND & REQUEST FOR CITATIONS (3) - SANI, NANNAPANEI, & RAO - NAM VAN NGUYEN Status as of 7/26/2023 8:03 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status William DixonWiles dwiles@mayerllp.com 7/26/2023 9:43:18 AM SENT Angela Herrington aherrington@mayerllp.com 7/26/2023 9:43:18 AM SENT Linda Turley lindat@wturley.com 7/26/2023 9:43:18 AM SENT Janey Kirby janeyk@wturley.com 7/26/2023 9:43:18 AM SENT Kelsey Apsey kapsey@mayerllp.com 7/26/2023 9:43:18 AM SENT