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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed: COMPLAINT
December 20,2023 12:24
By: DUSTIN B. HERMAN 0093163
Confirmation Nbr. 3044771
RAYMOND KAY, ADM. OF ESTATE OF MARY KAY, CV 23 990355
DECD.
vs.
Judge: NANCY A. FUERST
EMERGENCY PROFESSIONALS OF OHIO, INC., ET
AL.
Pages Filed: 7
Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
RAYMOND KAY, ADMINISTRATOR OF ) CASE NO.
THE ESTATE OF MARY KAY, )
DECEASED ) JUDGE
c/o Spangenberg Shibley & Liber LLP )
1001 Lakeside Ave. East, Ste. 1700 )
Cleveland, OH 44114 )
)
Plaintiff )
)
vs. )
) COMPLAINT
EMERGENCY PROFESSIONALS OF )
OHIO, INC. ) [Trial By Jury Demanded]
c/o Corporation Service Company )
3366 Riverside Drive, Suite 103 ) [Affidavit of Merit Attached]
Upper Arlington, OH 43221 )
)
EMERGENCY PROFESSIONAL )
SERVICES, INC. )
c/o Corporation Service Company )
3366 Riverside Drive, Suite 103 )
Upper Arlington, OH 43221 )
)
TEAM HEALTH HOLDINGS, INC. )
c/o Corporation Service Company )
2908 Poston Ave., )
Nashville, TN 37203 )
)
TEAM FINANCE, LLC )
c/o Corporation Service Company )
251 Little Falls Drive )
Wilmington, DE 19808 )
)
Defendants. )
)
Now comes Plaintiff, Raymond Kay, Administrator of the Estate of Mary Kay,
Deceased, by and through undersigned counsel, and files this Complaint against the
above-named Defendants, and states and avers as follows:
Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Raymond Kay is the widower and appointed Administrator of the
Estate of Mary Kay, Deceased, and brings this action on behalf of himself and all next of
kin of Mary Kay, Deceased.
2. This case is related to Kay v. Southwest General Health Center, et al.,
Cuyahoga County, Case No. CV-23-976698. This case is being filed against four
additional defendants within the two-year statute of limitations for wrongful death. Plaintiff
will move to have the two cases consolidated.
3. Team Health, LLC, (“Team Health”) is a defendant in Kay v. Southwest
General Health Center.
4. Jamil Alarafi, M.D. is a Team Health physician licensed to practice medicine
in Ohio.
5. Dr. Alarafi and other providers at the Southwest General Health Center
negligently treated and discharged Mary Kay from the Southwest General Hospital
emergency department on December 17, 2021, and as a result, Mary Kay died on
December 20, 2021.
6. This related case is being filed against four entities which are alter egos of
Team Health.
7. Team Health and its related alter ego entities provide physician medical
services to patients in Ohio, including May Kay.
8. Defendant Emergency Professionals of Ohio, Inc. (“EPO”) is an Ohio
medical corporation, with its principal place of business in Knoxville, Tennessee.
9. EPO is an alter ego of Team Health and provides physician medical
services to patients in Ohio, including May Kay.
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10. Defendant Emergency Professional Services, Inc. (“EPS”) is an Ohio
medical corporation, with its principal place of business in Knoxville, Tennessee.
11. EPS is an alter ego of Team Health and provides physician medical services
to patients in Ohio, including May Kay.
12. Defendant Team Health Holdings, Inc. is a Delaware corporation, with its
principal place of business in Knoxville, Tennessee.
13. Team Health Holdings, Inc. is an alter ego of Team Health and provides
physician medical services to patients in Ohio, including May Kay.
14. Defendant Team Finance, LLC is a Delaware corporation, with its principal
place of business in Knoxville, Tennessee.
15. Team Finance, LLC is an alter ego of Team Health and provides physician
medical services to patients in Ohio.
16. Team Health Holdings, Inc. is vicariously liable for the conduct of Dr. Jamil
Alarafi, EPS, EPO, and Team Finance, LLC.
17. Team Finance, LLC is vicariously liable for the conduct of Dr. Jamil Alarafi,
EPS, and EPO.
18. EPS is vicariously liable for the conduct of Dr. Jamil Alarafi and EPO.
19. EPO is vicariously liable for the conduct of Dr. Jamil Alarafi.
20. Upon information and belief, at all times relevant, Dr. Alarafi was acting
within the course and scope of his employment and/or agency and/or apparent agency
with Team Health (as the alter ego of Team Health Holdings, Inc., Team Finance, LLC,
EPO, and EPS) and Southwest General Health Center.
21. The Court has personal jurisdiction over Defendants as their tortious
conduct caused injury and death to Mary Kay in Ohio.
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22. Venue is appropriate in Cuyahoga County, Ohio pursuant to Ohio Civil
Rule 3 because, among other reasons Defendants conducted activity giving rise to this
claim for relief in Cuyahoga County, Ohio.
23. An Affidavit of Merit is attached hereto.
FIRST CAUSE OF ACTION – WRONGFUL DEATH
24. Plaintiff incorporates all the allegations above as if fully restated herein.
25. On December 17, 2021, Mary Kay, a 57-year-old woman, went to the
Emergency Room at Southwest General Hospital for vertigo-like symptoms. Mary Kay
had an elevated respiration rate and a low oxygen level. Mary Kay had been diagnosed
with COVID ten days prior.
26. On the afternoon of December 17, 2021, Mary Kay was treated by
Defendant Jamil Alarafi, D.O.
27. In his medical notes, Dr. Alarafi claimed that he ordered a chest x-ray and
that the x-ray showed no abnormalities. No such chest x-ray ever occurred or was
ordered.
28. Mary Kay was discharged home.
29. Three days later, on December 20, 2021, Mary Kay returned to Southwest
via an ambulance with hypoxia, COVID, and slurred speech. She was in severe
respiratory distress.
30. Upon treatment, it was quickly discovered that Mary Kay had severe
pneumonia and was in septic shock. She became unresponsive and was intubated.
31. Mary Kay did not regain consciousness and passed away on the afternoon
of December 20, 2021.
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32. Defendants and their agents and employees acting within the course and
scope of their agency or employment owed Mary Kay a duty of reasonable care and
breached that duty as described herein.
33. Defendants and their agents and employees acting within the course and
scope of their agency or employment negligently treated and discharged Decedent Mary
Kay and, more specifically, failed to obtain a chest x-ray or otherwise fully assess the
issues with her breathing and oxygenation when she presented to the Emergency Room
on December 17, 2021.
34. As a direct and proximate result of the above-described breaches of the
standards of care, Plaintiff’s Decedent, Mary Kay, was caused to suffer her untimely and
wrongful death on December 20, 2021.
35. As a direct and proximate result of the above-described breaches of the
standards of care, Plaintiff’s Decedent’s next of kin, including, but not limited to, her
husband, suffered damages as set forth in R.C. 2125.02, Ohio’s Wrongful Death Statute.
WHEREFORE, Plaintiff demands judgment in amount in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00) that will fully and fairly compensate the next of kin
for all damages available, including, but not limited to, compensatory damages, costs,
interest, and all other relief this Court finds just, equitable, and appropriate.
JURY DEMAND
Pursuant to Rule 38(B) of the Ohio Rules of Civil Procedure, a trial by jury is
demanded on all the issues presented herein.
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/s/ Dustin B. Herman
STUART E. SCOTT (0064834)
DUSTIN B. HERMAN (0093163)
SPANGENBERG SHIBLEY & LIBER LLP
1001 Lakeside Avenue East | Suite 1700
Cleveland, OH 44114
(216) 696-3232
(216) 696-3924 (FAX)
sscott@spanglaw.com
dherman@spanglaw.com
Counsel for Plaintiff
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COMMONWEALTH OF PENNSYLVANIA )
) AFFIDAVIT OF MERIT
COUNTY OF ALLEGHENY )
Now comes affiant, AMESH ADAUA, MD being first duly sworn according to law, states
and avers as follows:
1. I have personal knowledge of the matters contained within this affidavit.
2. I am a Medical Doctor licensed to practice in Pennsylvania and New York.
3. I am board certified in emergency medicine, infectious disease, and critical care
medicine. More than 50% of my professional time is spent in the clinical practice of
medicine and teaching.
4. I have reviewed medical records reasonably available to the Plaintiff relating to the
care and treatment that was provided to Mary Kay.
5. Based on my review of the available medical records, it is my professional opinion,
to a reasonable degree of medical certainty, Dr. Jamil Alarafi, DO, FACOEP and the
healthcare providers at UH Southwest General Health Center breached the standard
of care that was a proximate cause of Ms. Kay's injuries and death.
FURTHER AFFIANT SAYETH NAUGHT.
SUBSCRIBED and SWORN TO before me this . day of 2023.
_________
NOTARY PUBLIC
Commonwealth of Pennsylvania ■ Notary Seal
Sara M. Neidermeyer, Notary Public
Allegheny County
My commission expires August 8,2026
Commission number 1422015
Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. ; 3044771 / CLDLJ of Notaries
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NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT December 20,2023 12:24 By: DUSTIN B. HERMAN 0093163 Confirmation Nbr. 3044771 RAYMOND KAY, ADM. OF ESTATE OF MARY KAY, CV 23 990355 DECD. vs. Judge: NANCY A. FUERST EMERGENCY PROFESSIONALS OF OHIO, INC., ET AL. Pages Filed: 7 Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RAYMOND KAY, ADMINISTRATOR OF ) CASE NO. THE ESTATE OF MARY KAY, ) DECEASED ) JUDGE c/o Spangenberg Shibley & Liber LLP ) 1001 Lakeside Ave. East, Ste. 1700 ) Cleveland, OH 44114 ) ) Plaintiff ) ) vs. ) ) COMPLAINT EMERGENCY PROFESSIONALS OF ) OHIO, INC. ) [Trial By Jury Demanded] c/o Corporation Service Company ) 3366 Riverside Drive, Suite 103 ) [Affidavit of Merit Attached] Upper Arlington, OH 43221 ) ) EMERGENCY PROFESSIONAL ) SERVICES, INC. ) c/o Corporation Service Company ) 3366 Riverside Drive, Suite 103 ) Upper Arlington, OH 43221 ) ) TEAM HEALTH HOLDINGS, INC. ) c/o Corporation Service Company ) 2908 Poston Ave., ) Nashville, TN 37203 ) ) TEAM FINANCE, LLC ) c/o Corporation Service Company ) 251 Little Falls Drive ) Wilmington, DE 19808 ) ) Defendants. ) ) Now comes Plaintiff, Raymond Kay, Administrator of the Estate of Mary Kay, Deceased, by and through undersigned counsel, and files this Complaint against the above-named Defendants, and states and avers as follows: Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Raymond Kay is the widower and appointed Administrator of the Estate of Mary Kay, Deceased, and brings this action on behalf of himself and all next of kin of Mary Kay, Deceased. 2. This case is related to Kay v. Southwest General Health Center, et al., Cuyahoga County, Case No. CV-23-976698. This case is being filed against four additional defendants within the two-year statute of limitations for wrongful death. Plaintiff will move to have the two cases consolidated. 3. Team Health, LLC, (“Team Health”) is a defendant in Kay v. Southwest General Health Center. 4. Jamil Alarafi, M.D. is a Team Health physician licensed to practice medicine in Ohio. 5. Dr. Alarafi and other providers at the Southwest General Health Center negligently treated and discharged Mary Kay from the Southwest General Hospital emergency department on December 17, 2021, and as a result, Mary Kay died on December 20, 2021. 6. This related case is being filed against four entities which are alter egos of Team Health. 7. Team Health and its related alter ego entities provide physician medical services to patients in Ohio, including May Kay. 8. Defendant Emergency Professionals of Ohio, Inc. (“EPO”) is an Ohio medical corporation, with its principal place of business in Knoxville, Tennessee. 9. EPO is an alter ego of Team Health and provides physician medical services to patients in Ohio, including May Kay. Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ 2 10. Defendant Emergency Professional Services, Inc. (“EPS”) is an Ohio medical corporation, with its principal place of business in Knoxville, Tennessee. 11. EPS is an alter ego of Team Health and provides physician medical services to patients in Ohio, including May Kay. 12. Defendant Team Health Holdings, Inc. is a Delaware corporation, with its principal place of business in Knoxville, Tennessee. 13. Team Health Holdings, Inc. is an alter ego of Team Health and provides physician medical services to patients in Ohio, including May Kay. 14. Defendant Team Finance, LLC is a Delaware corporation, with its principal place of business in Knoxville, Tennessee. 15. Team Finance, LLC is an alter ego of Team Health and provides physician medical services to patients in Ohio. 16. Team Health Holdings, Inc. is vicariously liable for the conduct of Dr. Jamil Alarafi, EPS, EPO, and Team Finance, LLC. 17. Team Finance, LLC is vicariously liable for the conduct of Dr. Jamil Alarafi, EPS, and EPO. 18. EPS is vicariously liable for the conduct of Dr. Jamil Alarafi and EPO. 19. EPO is vicariously liable for the conduct of Dr. Jamil Alarafi. 20. Upon information and belief, at all times relevant, Dr. Alarafi was acting within the course and scope of his employment and/or agency and/or apparent agency with Team Health (as the alter ego of Team Health Holdings, Inc., Team Finance, LLC, EPO, and EPS) and Southwest General Health Center. 21. The Court has personal jurisdiction over Defendants as their tortious conduct caused injury and death to Mary Kay in Ohio. Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ 3 22. Venue is appropriate in Cuyahoga County, Ohio pursuant to Ohio Civil Rule 3 because, among other reasons Defendants conducted activity giving rise to this claim for relief in Cuyahoga County, Ohio. 23. An Affidavit of Merit is attached hereto. FIRST CAUSE OF ACTION – WRONGFUL DEATH 24. Plaintiff incorporates all the allegations above as if fully restated herein. 25. On December 17, 2021, Mary Kay, a 57-year-old woman, went to the Emergency Room at Southwest General Hospital for vertigo-like symptoms. Mary Kay had an elevated respiration rate and a low oxygen level. Mary Kay had been diagnosed with COVID ten days prior. 26. On the afternoon of December 17, 2021, Mary Kay was treated by Defendant Jamil Alarafi, D.O. 27. In his medical notes, Dr. Alarafi claimed that he ordered a chest x-ray and that the x-ray showed no abnormalities. No such chest x-ray ever occurred or was ordered. 28. Mary Kay was discharged home. 29. Three days later, on December 20, 2021, Mary Kay returned to Southwest via an ambulance with hypoxia, COVID, and slurred speech. She was in severe respiratory distress. 30. Upon treatment, it was quickly discovered that Mary Kay had severe pneumonia and was in septic shock. She became unresponsive and was intubated. 31. Mary Kay did not regain consciousness and passed away on the afternoon of December 20, 2021. Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ 4 32. Defendants and their agents and employees acting within the course and scope of their agency or employment owed Mary Kay a duty of reasonable care and breached that duty as described herein. 33. Defendants and their agents and employees acting within the course and scope of their agency or employment negligently treated and discharged Decedent Mary Kay and, more specifically, failed to obtain a chest x-ray or otherwise fully assess the issues with her breathing and oxygenation when she presented to the Emergency Room on December 17, 2021. 34. As a direct and proximate result of the above-described breaches of the standards of care, Plaintiff’s Decedent, Mary Kay, was caused to suffer her untimely and wrongful death on December 20, 2021. 35. As a direct and proximate result of the above-described breaches of the standards of care, Plaintiff’s Decedent’s next of kin, including, but not limited to, her husband, suffered damages as set forth in R.C. 2125.02, Ohio’s Wrongful Death Statute. WHEREFORE, Plaintiff demands judgment in amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) that will fully and fairly compensate the next of kin for all damages available, including, but not limited to, compensatory damages, costs, interest, and all other relief this Court finds just, equitable, and appropriate. JURY DEMAND Pursuant to Rule 38(B) of the Ohio Rules of Civil Procedure, a trial by jury is demanded on all the issues presented herein. Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ 5 /s/ Dustin B. Herman STUART E. SCOTT (0064834) DUSTIN B. HERMAN (0093163) SPANGENBERG SHIBLEY & LIBER LLP 1001 Lakeside Avenue East | Suite 1700 Cleveland, OH 44114 (216) 696-3232 (216) 696-3924 (FAX) sscott@spanglaw.com dherman@spanglaw.com Counsel for Plaintiff Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. 3044771 / CLDLJ 6 COMMONWEALTH OF PENNSYLVANIA ) ) AFFIDAVIT OF MERIT COUNTY OF ALLEGHENY ) Now comes affiant, AMESH ADAUA, MD being first duly sworn according to law, states and avers as follows: 1. I have personal knowledge of the matters contained within this affidavit. 2. I am a Medical Doctor licensed to practice in Pennsylvania and New York. 3. I am board certified in emergency medicine, infectious disease, and critical care medicine. More than 50% of my professional time is spent in the clinical practice of medicine and teaching. 4. I have reviewed medical records reasonably available to the Plaintiff relating to the care and treatment that was provided to Mary Kay. 5. Based on my review of the available medical records, it is my professional opinion, to a reasonable degree of medical certainty, Dr. Jamil Alarafi, DO, FACOEP and the healthcare providers at UH Southwest General Health Center breached the standard of care that was a proximate cause of Ms. Kay's injuries and death. FURTHER AFFIANT SAYETH NAUGHT. SUBSCRIBED and SWORN TO before me this . day of 2023. _________ NOTARY PUBLIC Commonwealth of Pennsylvania ■ Notary Seal Sara M. Neidermeyer, Notary Public Allegheny County My commission expires August 8,2026 Commission number 1422015 Electronically Filed 12/20/2023 12:24 / / CV 23 990355 / Confirmation Nbr. ; 3044771 / CLDLJ of Notaries