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FILED
2/29/2024 2:46 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-01657
HUNTER BRIAN and SHELBY SCOTT, IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§
individually and as next friends of L.F.B., a
Minor,
Plaintiffs,
vs. 134th JUDICIAL DISTRICT
COLLOM & CARNEY CLINIC
ASSOCIATION; CHRISTUS HEALTH ARK-
LA-TEX d/b/a CHRISTUS ST. MICHAEL
HEALTH SYSTEM; and PEDIATRIX
MEDICAL SERVICES, INC. d/b/a
PEDIATRIX MEDICAL GROUP OF TEXAS,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION
Come now Hunter Brian and Shelby Scott, individually and as next friends and parents of
L.F.B., a Minor, Plaintiffs, complaining of Collom & Carney Clinic Association; CHRISTUS
Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health System; and Pediatrix Medical Services,
Inc. d/b/a Pediatrix Medical Group of Texas, Defendants, and for cause of action would
respectfully show this Court as follows:
I. REQUEST FOR LEVEL 3 DISCOVERY CONTROL PLAN
1.01 Pursuant to Tex. R. Civ. P. 190.1, Plaintiffs requested in their Original Petition that
discovery be conducted under Level 3 of the Texas Rules of Civil Procedure, Tex. R. Civ. P. 190.4.
II. PARTIES
2.01 Plaintiff Hunter Brian is an individual residing in Texarkana, Arkansas. He is the
next friend and natural father of L.F.B., a minor. In compliance with Tex. Civ. Prac. & Rem. Code
§ 30.014, the last three digits of his Social Security number are 122, and he does not have a Texas
driver license number.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 1
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2.02 Plaintiff Shelby Scott is an individual residing in Texarkana, Arkansas. She is the
next fiiend and natural mother of L.F.B., a minor. In compliance with Tex. CiV. Prac. & Rem.
Code § 30.014, the last three digits of her Social Security number are 534, and she does not have
a Texas driver license number.
2.03 Defendant Collom & Carney Clinic Association is a professional association
licensed under the laws of the State of Texas and doing business in the State of Texas. It has already
been served, answered, and appeared in this cause.
2.04 Defendant CHRISTUS Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health
System, a CHRISTUS subsidiary, is a domestic nonprofit corporation licensed under the laws of
the State of Texas and doing business in the State of Texas. It has already been served, answered,
and appeared in this cause.
2.05 Defendant Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas
is a domestic nonprofit corporation licensed under the laws of the State of Texas and doing
business in the State of Texas. It has already been served, answered, and appeared in this cause.
III. JURISDICTION AND VENUE
3.01 Venue is proper in Dallas County, Texas because it is the county in which
agreements between Plaintiffs and Defendants are to be performed. Tex. Civ. Prac. & Rem. Code
§ 15.002(a)(2).
3.02 Jurisdiction is proper because the damages sought are within the jurisdictional
limits of this Court. Tex. R. Civ. P. 47.
IV. STATUTORY NOTICES OF CLAIM
4.01 On or before September 9, 2022, pursuant to Tex. Civ. Prac. & Rem. Code
§ 74.051, Plaintiffs timely provided notice to Defendant Collom & Carney Clinic Association,
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 2
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Defendant CHRISTUS Health Ark-La—Tex d/b/a CHRISTUS St. Michael Health System, and
Defendant Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas that Plaintiffs
intended to assert a health care liability claim arising out of the medical care rendered to Shelby
Scott and to L.F.B., a minor. Plaintiffs also provided the medical authorizations required by Tex.
CiV. Prac. & Rem. Code § 74.052.
5.01 At all times material hereto, Defendant Collum & Carney Clinic Association
(“Collum & Carney”) was a professional association of physicians operating under the laws of the
State of Texas and represented to Plaintiffs and to the public at large that it would provide
competent medical services to the public at large by and through its members, associates,
employees, representatives, agents, and/or ostensible agents, including D’Andra D. Bingham,
M.D. (“Dr. Bingham”).
5.02 At all pertinent times, a health care provider-patient relationship existed between
Defendant Collum & Carney and Plaintiff Scott, and between Defendant Collum & Carney and
L.F.B., a minor.
5.03 At all times material hereto, Defendant CHRISTUS Health Ark-La-Tex d/b/a
CHRISTUS St. Michael Health System (“CHRISTUS St. Michael”) was a domestic nonprofit
corporation operating a hospital under the laws of the State of Texas and represented to Plaintiffs
and to the public at large that it would provide competent medical services to the public at large
by and through its members, associates, employees, representatives, agents, and/or ostensible
agents.
5.04 At all pertinent times, a health care provider-patient relationship existed between
Defendant CHRISTUS St. Michael and Plaintiff Scott, and between Defendant CHRISTUS St.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 3
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Michael and L.F.B., a minor.
5.05 At all times material hereto, Defendant Pediatrix Medical Services, Inc. d/b/a
Pediatrix Medical Group of Texas (“Pediatrix”) was a professional association of physicians
operating under the laws of the State of Texas and represented to Plaintiffs and to the public at
large that it would provide competent medical services to the public at large by and through its
members, associates, employees, representatives, agents, and/or ostensible agents, including Susan
Elizabeth Keeney, M.D. (“Dr. Keeney”).
5.06 At all pertinent times, a health care provider-patient relationship existed between
Defendant Pediatrix and L.F.B., a minor.
VI. STATEMENT 0F FACTS
6.01 Plaintiff Shelby Scott (“Shelby”) was a 23-year-old GlPO patient with an estimated
due date of January 31, 2021. She received routine prenatal care from Dr. Bingham and Defendant
Collum & Carney.
6.02 Shelby presented to Defendant CHRISTUS St. Michael in Texarkana, Texas on
February 4, 2021 for induction of labor. On admission, the fetal heart rate tracings were Category
I, indicating that L.F.B. was neurologically intact and healthy. Sterile vaginal exam (SVE)
performed at 1831 showed Shelby’s cervix was 0.5 centimeters dilated and 0% effaced, and L.F.B.
was at -3 station. Shelby was given Cytotec, a cervical ripening agent, at 1830 to begin induction
of labor.
6.03 At 0300 on February 5, 2021, Cassie A. Miller, RN (“Nurse Miller”) began
administering Pitocin intravenously to Shelby, initially at 2 mu/min., Nurse Miller increased the
Pitocin to 4 mu/min at 0315, 6mu/min at 0330, 8mu/min at 0345, and 10 mu/min at 0400.
6.04 At 0635, Nurse Miller charted verbatim, “patient has some bloody show noted and
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 4
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small quarter sized clot after return from voiding urine. sve reveals pt is 1, thick, posterior. peri
care performed. dr bingham notified of new bloody show, reviewed strip, pitocin turned off. dr
bingham to evaluate patient at bedside.” At 0651, Nurse Miller noted a pattern of tachysystole,
more than 5 contractions in 10 minutes.
6.05 At 0710, Tammy Doxey, RN (“Nurse Doxey”) restarted the Pitocin at 2 mu/min.
At 0715 and 0730, Nurse Doxey noted a contraction frequency of 1-2 minutes. At 0755, Nurse
Doxey increased the Pitocin to 4 mu/min.
6.06 At 0831, Dr. Bingham was bedside and reviewed the fetal heart rate strip. Dr.
Bingham performed an SVE at 0834 that showed that Shelby’s cervix was 1 cm dilated and 75%
effaced, and L.F.B. was at -2 station. Dr. Bingham performed artificial rupture of membranes at
that time. Nurse Doxey noted amniotic fluid color “light meconium.” Dr. Bingham inserted an
intrauterine pressure catheter (IUPC).
6.07 At 0845 and 0900, Nurse Doxey noted a uterine resting tone of 25 mmHg and a
contraction frequency of 1-2 minutes. At 0904, Nurse Doxey increased the Pitocin to 6 mu/min.
At 0915 and 0930, Nurse Doxey noted a uterine resting tone of 25 mmHg and a contraction
frequency of 1.5-2 minutes. At 1010, Nurse Doxey performed an SVE and noted that Shelby’s
cervix was 2 cm dilated and 75 % effaced, and L.F.B. was at -2 station.
6.08 Nurse Doxey increased the Pitocin to 8 mu/min at 1050, to 10 mu/min at 1134, and
to 12 mu/min at 1144. At 1145, Dr. Bingham performed an SVE and noted that Shelby’s cervix
was 2 cm dilated and 75% effaced, and L.F.B. was at -2 station. Nurse Doxey increased the Pitocin
to 14 mu/min at 1200, 16 mu/min at 1215, and 18 mu/min at 1230. At 1230 she noted a uterine
resting tone of 25 mmHg and a contraction frequency of 1-2 minutes, and at 1245 she noted a
uterine resting tone of 35 mmHg and a contraction frequency of 1-2 minutes. She increased the
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 5
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Pitocin to 20 mu/min at 1245 and decreased it to 14 mu/min at 1300.
6.09 Nurse Doxey performed an SVE at 1301 that showed Shelby’s cervix was 4
centimeters dilated and 90% effaced, and L.F.B. was still at -2 station. Nurse Doxey decreased the
Pitocin to 10 mu/min at 1341. She also performed another SVE at that time that showed Shelby’s
cervix was 5 cm dilated and still 90% effaced, and L.F.B. was at -1 station. At 1345, Nurse Doxey
noted variable decelerations, uterine tone of 25 mmHg and contraction frequency of 1-2 minutes.
At 1430 she noted variable decelerations and uterine resting tone of 30 mmHg. At 1446, she noted
early and variable decelerations, at 1500 she noted uterine resting tone of 30 mmHg, at 1515 she
noted variable decelerations and uterine resting tone of 30 mmHg, and at 1530 she noted prolonged
decelerations and a uterine resting tone of 30 mmHg. Nurse Doxey performed an SVE at 1533 and
noted that Shelby’s cervix was 10 cm dilated and 100% effaced, and L.F.B. was at O station.
6.10 At 1539 Dr. Bingham was at the bedside. Nurse Doxey noted variable decelerations
and a uterine resting tone of 30 mmHg at 1540, 1549, and 1600. L.F.B. progressed to +2 station
and Shelby pushed for a few contractions, but the fetal heart rate had variable decelerations into
the 80s. Dr. Bingham decided to proceed with a vacuum-assisted operative vaginal delivery.
Neither Dr. Bingham nor Nurse Doxey notified the neonatal resuscitation team to be present at the
delivery. Dr. Bigham applied a Kiwi vacuum to L.F.B.’s head and pulled three times alongside
Shelby pushing, with two times the vacuum seal popped off of L.F.B., to effect vacuum-assisted
vaginal delivery.
6.11 L.F.B. was delivered at 1619 on February 5, 2021. Infant complications at birth
were noted to be “Meconium, Multiple Variable Decels.” L.F.B.’s Apgar scores were 1 at one
minute, 3 at five minutes, and 4 at ten minutes (also charted as 5), but with no breakdown in how
L.F.B. was scored in each of the five categories that comprise the Apgar. The initial cord arterial
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 6
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blood gas had a pH of 7.064 and a base excess of -10.6.
6.12 Dr. Keeney did not arrive until four minutes of life and found L.F.B. blue with no
respiratory effort or tone, with a heart rate below 80. Prior to Dr. Keeney’s arrival, L.F.B. had
meconium suctioned from her nose and mouth and PPV had been initiated. Dr. Keeney began
mechanical ventilation with facemask bagging, but L.F.B. could not maintain adequate respiratory
effort when bagging was stopped. Dr. Keeney intubated L.F.B. at “10-12 minutes of age.” L.F.B.
required 100% oxygen with bagging. Her tone remained extremely poor. After intubation, a small
amount of meconium was suctioned from the ET tube. The first arterial blood gas showed a pH of
6.94 and base excess of -20.7. Therapeutic hypothermia was initiated within one and a half hours
of birth.
6.13 L.F.B. remained inpatient at Defendant CHRISTUS St. Michael until March 2,
2021, when she was transferred to Arkansas Children’s Hospital in Little Rock, Arkansas. She was
diagnosed with hypoxic-ischemic encephalopathy, meconium aspiration syndrome, and persistent
pulmonary hypertension in newborn.
VII. CLAIMS FOR RELIEF
A. Collum & Carney Clinic Association
7.01 Defendant Collum & Carney is independently liable for its own acts and/or
omissions which constitute negligence, as that term is defined by law, including but not limited to
the following:
(a) Failing to formulate, implement, provide training and education, and/or enforce
appropriate policies and procedures;
(b) Failing to properly train its agents, employees, or borrowed servants, including but
not limited to Dr. Bingham;
(c) Failing to properly supervise its employees, members, associates, representatives,
borrowed servants, agents, and/or ostensible agents, including but not limited to Dr.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 7
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Bingham; and
(d) Other acts/omissions anticipated to be discovered.
7.02 Each and all of the foregoing acts and omissions of Defendant Collum & Carney,
among others, were singularly and/or cumulatively a proximate cause of the injuries and damages
incurred by the Plaintiffs herein.
B. CHRISTUS Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health System
7.03 Defendant CHRISTUS St. Michael, by and through its agents, employees, or
borrowed servants, specifically Nurse Doxey, failed to use ordinary care in providing treatment to
Plaintiff Scott and to L.F.B., a minor, that a reasonable hospital of the same or similar level of
certification would have employed under the same or similar circumstances, and as such,
committed acts and/or omissions which constitute negligence, as that term is defined by law,
including, but not limited to:
(a) Failing to properly titrate Pitocin;
(b) Failing to discontinue Plaintiff Scott’s Pitocin when the fetal heart rate was
Category II with observable recurrent decelerations;
(c) Failing to discontinue Plaintiff Scott’s Pitocin in the face of uterine hypertonus;
(d) Failing to discontinue Plaintiff Scott’s Pitocin in the face of tachysystole;
(e) Failing to properly interpret and respond to the fetal heart rate pattern;
(f) Failing to advocate to Dr. Bingham, or another physician, that the Pitocin order was
too high and too aggressive despite tachysystole, uterine hypertonus, and abnormal
fetal heart monitoring strip;
(g) Failing to initiate the chain of command when Dr. Bingham did not change the plan
of care from aggressive administration of Pitocin;
(h) Failing to notify the neonatal resuscitation team to be present at the delivery of
L.F.B.; and
(i) Other acts/omissions anticipated to be discovered.
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 8
1378046
7.04 Defendant CHRISTUS St. Michael, by and through its agents, employees, or
borrowed servants, specifically the neonatal resuscitation team, failed to use ordinary care in
providing treatment to L.F.B., a minor, that a reasonable hospital of the same or similar level of
certification would have employed under the same or similar circumstances, and as such,
committed acts and/or omissions which constitute negligence, as that term is defined by law,
including, but not limited to:
(a) Failing to follow Neonatal Resuscitation Program guidelines;
(b) Failing to keep a code record of condition, interventions, responses, and appropriate
steps;
(c) Failing to timely and appropriately intubate L.F.B. once initial stimulation and bag-
mask efforts were unsuccessful;
(d) Failing to appropriately monitor and respond to the heart rate of L.F.B.;
(e) Failing to appropriately monitor and respond to the oxygen saturation of L.F.B.;
and
(f) Other acts/omissions anticipated to be discovered.
7.05 Defendant CHRISTUS St. Michael is vicariously liable for the acts and omissions
of its doctors, nurses, and other health care providers under the provisions of vicarious liability,
borrowed servants, respondeat superior, ostensible agency, apparent agency, actual agency, and/or
other agency principles, as well as through the theories of joint enterprise and/or joint venture.
7.06 Defendant CHRISTUS St. Michael, additionally and/or in the alternative, is
independently liable for its own acts and/or omissions which constitute negligence, as that term is
defined by law, including but not limited to the following:
(a) Failing to formulate, implement, provide training and education, and/or enforce
appropriate policies and procedures;
(b) Failing to properly train its agents, employees, or borrowed servants;
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 9
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(c) Failing to properly supervise its employees, members, associates, representatives,
borrowed servants, agents, and/or ostensible agents; and
(d) Other acts/omissions anticipated to be discovered.
7.07 Each and all of the foregoing acts and omissions of Defendant CHRISTUS St.
Michael, among others, were singularly and/or cumulatively a proximate cause of the injuries and
damages incurred by Plaintiffs herein.
C. Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas
7.08 Defendant Pediatrix is independently liable for its own acts and/or omissions which
constitute negligence, as that term is defined by law, including but not limited to the following:
(a) Failing to formulate, implement, provide training and education, and/or enforce
appropriate policies and procedures;
(b) Failing to properly train its agents, employees, or borrowed servants, including but
not limited to Dr. Keeney;
(c) Failing to properly supervise its employees, members, associates, representatives,
borrowed servants, agents, and/or ostensible agents, including but not limited to Dr.
Keeney; and
(d) Other acts/omissions anticipated to be discovered.
7.09 Each and all of the foregoing acts and omissions of Defendant Pediatrix, among
others, were singularly and/or cumulatively a proximate cause of the injuries and damages incurred
by the Plaintiffs herein.
VII. DAMAGES
8.01 In accordance with Tex. R. CiV. P. 47, Plaintiffs state that they seek monetary relief
over $1,000,000 and a demand for judgment for all the other relief to which the Plaintiffs may
deem themselves entitled.
8.02 As a direct and proximate result of the negligent acts and/or omissions of
Defendants as set out above, L.F.B., a minor, has been made to suffer great physical pain and
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 10
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suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life in the
past, presently, and into the foreseeable future. Further, Plaintiffs would show that L.F.B., a minor,
will suffer permanent loss of earning capacity for the remainder of her natural lifetime, and has
and will suffer the loss of society and companionship of her family. In addition to the medical
expenses in the past and in the future, L.F.B., a minor, will require substantial medical care and
supervision after she reaches the age of majority and for the rest of her natural life.
8.03 As a direct and proximate result of the negligent acts and/or omissions of
Defendants as set out above, Plaintiff Hunter Brian has suffered damages consisting of medical
expenses for treatment of the injuries of L.F.B., a minor, both past and future. Plaintiff Hunter
Brian will also suffer the loss of services of his daughter, L.F.B., a minor.
8.04 As a direct and proximate result of the negligent acts and/or omissions of
Defendants as set out above, Plaintiff Shelby Scott has suffered damages consisting of medical
expenses for treatment of the injuries of L.F.B., a minor, both past and future. Plaintiff Shelby
Scott will also suffer the loss of services of her daughter, L.F.B., a minor.
8.05 All of the above have resulted in damages which are within the jurisdictional limits
of this Court, for which Plaintiffs now plead against Defendants.
IX. REQUEST FOR JURY TRIAL
9.01 Plaintiffs respectfully requested in their Original Petition that the trial of this cause
be by jury. Plaintiffs have already tendered the requisite jury fee.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited
to appear and answer herein, and that upon final determination of these causes of action, Plaintiffs
receive a judgment against the Defendants, awarding the Plaintiffs as follows:
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 11
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(a) Actual damages alleged herein, in an amount in excess of the minimal limits of the
Court against the named Defendants;
(b) Costs of courts;
(C) Prejudgment interest at the highest rate allowed by law from the earliest time
allowed by law;
(d) Interest on the judgment at the highest legal rate from the date of judgment until
collected; and
(e) All such other and further relief at law and in equity to which Plaintiffs may show
themselves to be justly entitled.
Respectfully Submitted,
MILLER WEISBROD OLESKY, L.L.P.
/s/ Les Weisbrod
LES WEISBROD
State Bar No. 21 104900
lweisbrod@millerweisbrod.com
CLAY MILLER
State Bar No. 00791266
cmiller@millerweisbrod.com
CARRIE LYNN VINE
State Bar No. 24128671
cvine@millerweisbrod.com
MATTHEW ADAIR
State Bar No. 24084471
madair@millerweisbrod.com
Forest Central II
11551 Forest Central Drive, Suite 300
Dallas, Texas 75243
(214) 987-0005 (Telephone)
(214) 987-2545 (Facsimile)
ATTORNEYS FOR PLAIN TIFFS
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 12
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CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the foregoing was served upon the
following attorneys of record, on this, the 29th day of February, 2024:
Kevin W. Yankowsky HAND DELIVERY
kevin.yankowsky@nortonrosefulbright.com CERTIFIED MAIL
Betty Feng FACSIMILE
bettv.feng@nortonrosefulbright.corn FIRST CLASS MAIL
Norton Rose Fulbright US, LLP ELECTRONIC
Fulbright Tower
1301 McKinney, Suite 5 100
Houston, Texas 77101-3095
A ITORNE YS FOR DEFENDANT
COLL 0M & CARNEY CLINIC ASSOCIATION
Jon W. Stephenson HAND DELIVERY
ionstephenson@steedlawfirm.com CERTIFIED MAIL
Casey Cashion FACSIMILE
caseycashion@steedlawfirm.com FIRST CLASS MAIL
Steed Dunnill Reynolds Bailey Stephenson, LLP ELECTRONIC
1717 Main Street, Suite 2950
Dallas, Texas 75201
A ITORNEYS FOR DEFENDANT
CHRISTUS HEALTH ARK-LA-TEX/b/a CHRISTUS ST. MICHAEL
HEALTH SYSTEM
Cory Sutker HAND DELIVERY
corysutker@cooperscullycom CERTIFIED MAIL
Cooper Scully LLP FACSIMILE
900 Jackson Street, Suite 100 FIRST CLASS MAIL
Dallas, Texas 75202 ELECTRONIC
A TTORNE YS FOR DEFENDANT
PEDIA TRIXMEDICAL SERVICES, INC. d/b/a PEDIA TRIXMEDICAL
GROUP 0F TEXAS
/s/ Matt Adair
MATTHEW ADAIR
PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 13
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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.
Bianca Trejo on behalf of Les Weisbrod
Bar No. 21104900
btrejo@millenNeisbrod.com
Envelope ID: 85059174
Filing Code Description: Amended Petition
Filing Description: 1ST
Status as of 3/1/2024 8:44 AM CST
Associated Case Party: HUNTER BRIAN
Name BarNumber Email TimestampSubmitted Status
LES WEISBROD lweisbrod@millen~eisbrod.com 2/29/2024 2:46:12 PM SENT
Lori Slywka lorislywka@steedlawfirm.com 2/29/2024 2:46:12 PM SENT
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Kathy Dorsey kathydorsey@steedlawfirm.com 2/29/2024 2:46:12 PM SENT
Associated Case Party: COLLOM & CARNEY CLINIC ASSOCIATION
Name BarNumber Email TimestampSubmitted Status
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Kevin W.Yankowsky kevin.yankowsky@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT
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Case Contacts
Name BarNumber Email TimestampSubmitted Status
Carlos Mattioli cmattioli@smfadlaw.com 2/29/2024 2:46:12 PM SENT
Sherry EKeIIy skelly@smfadlaw.com 2/29/2024 2:46:12 PM SENT
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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.
Bianca Trejo on behalf of Les Weisbrod
Bar No. 21104900
btrejo@millenNeisbrod.com
Envelope ID: 85059174
Filing Code Description: Amended Petition
Filing Description: 1ST
Status as of 3/1/2024 8:44 AM CST
Case Contacts
Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 2/29/2024 2:46:12 PM SENT
Matthew Adair 24084471 madair@millerweisbrod.com 2/29/2024 2:46:12 PM SENT
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Associated Case Party: PEDIATRIX MEDICAL SERVICES, INC.
Name BarNumber Email TimestampSubmitted Status
Cory Sutker cory.sutker@cooperscully.com 2/29/2024 2:46:12 PM SENT
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Name BarNumber Email TimestampSubmitted Status
Lisa Blue 2510500 LBlue@baronandblue.com 2/29/2024 2:46:12 PM SENT
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FILED 2/29/2024 2:46 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-01657 HUNTER BRIAN and SHELBY SCOTT, IN THE DISTRICT COURT §§§§§§§§§§§§§§§§ individually and as next friends of L.F.B., a Minor, Plaintiffs, vs. 134th JUDICIAL DISTRICT COLLOM & CARNEY CLINIC ASSOCIATION; CHRISTUS HEALTH ARK- LA-TEX d/b/a CHRISTUS ST. MICHAEL HEALTH SYSTEM; and PEDIATRIX MEDICAL SERVICES, INC. d/b/a PEDIATRIX MEDICAL GROUP OF TEXAS, Defendants. DALLAS COUNTY, TEXAS PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION Come now Hunter Brian and Shelby Scott, individually and as next friends and parents of L.F.B., a Minor, Plaintiffs, complaining of Collom & Carney Clinic Association; CHRISTUS Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health System; and Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas, Defendants, and for cause of action would respectfully show this Court as follows: I. REQUEST FOR LEVEL 3 DISCOVERY CONTROL PLAN 1.01 Pursuant to Tex. R. Civ. P. 190.1, Plaintiffs requested in their Original Petition that discovery be conducted under Level 3 of the Texas Rules of Civil Procedure, Tex. R. Civ. P. 190.4. II. PARTIES 2.01 Plaintiff Hunter Brian is an individual residing in Texarkana, Arkansas. He is the next friend and natural father of L.F.B., a minor. In compliance with Tex. Civ. Prac. & Rem. Code § 30.014, the last three digits of his Social Security number are 122, and he does not have a Texas driver license number. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 1 I 3 7804 6 2.02 Plaintiff Shelby Scott is an individual residing in Texarkana, Arkansas. She is the next fiiend and natural mother of L.F.B., a minor. In compliance with Tex. CiV. Prac. & Rem. Code § 30.014, the last three digits of her Social Security number are 534, and she does not have a Texas driver license number. 2.03 Defendant Collom & Carney Clinic Association is a professional association licensed under the laws of the State of Texas and doing business in the State of Texas. It has already been served, answered, and appeared in this cause. 2.04 Defendant CHRISTUS Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health System, a CHRISTUS subsidiary, is a domestic nonprofit corporation licensed under the laws of the State of Texas and doing business in the State of Texas. It has already been served, answered, and appeared in this cause. 2.05 Defendant Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas is a domestic nonprofit corporation licensed under the laws of the State of Texas and doing business in the State of Texas. It has already been served, answered, and appeared in this cause. III. JURISDICTION AND VENUE 3.01 Venue is proper in Dallas County, Texas because it is the county in which agreements between Plaintiffs and Defendants are to be performed. Tex. Civ. Prac. & Rem. Code § 15.002(a)(2). 3.02 Jurisdiction is proper because the damages sought are within the jurisdictional limits of this Court. Tex. R. Civ. P. 47. IV. STATUTORY NOTICES OF CLAIM 4.01 On or before September 9, 2022, pursuant to Tex. Civ. Prac. & Rem. Code § 74.051, Plaintiffs timely provided notice to Defendant Collom & Carney Clinic Association, PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 2 I 3 7804 6 Defendant CHRISTUS Health Ark-La—Tex d/b/a CHRISTUS St. Michael Health System, and Defendant Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas that Plaintiffs intended to assert a health care liability claim arising out of the medical care rendered to Shelby Scott and to L.F.B., a minor. Plaintiffs also provided the medical authorizations required by Tex. CiV. Prac. & Rem. Code § 74.052. 5.01 At all times material hereto, Defendant Collum & Carney Clinic Association (“Collum & Carney”) was a professional association of physicians operating under the laws of the State of Texas and represented to Plaintiffs and to the public at large that it would provide competent medical services to the public at large by and through its members, associates, employees, representatives, agents, and/or ostensible agents, including D’Andra D. Bingham, M.D. (“Dr. Bingham”). 5.02 At all pertinent times, a health care provider-patient relationship existed between Defendant Collum & Carney and Plaintiff Scott, and between Defendant Collum & Carney and L.F.B., a minor. 5.03 At all times material hereto, Defendant CHRISTUS Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health System (“CHRISTUS St. Michael”) was a domestic nonprofit corporation operating a hospital under the laws of the State of Texas and represented to Plaintiffs and to the public at large that it would provide competent medical services to the public at large by and through its members, associates, employees, representatives, agents, and/or ostensible agents. 5.04 At all pertinent times, a health care provider-patient relationship existed between Defendant CHRISTUS St. Michael and Plaintiff Scott, and between Defendant CHRISTUS St. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 3 I 3 7804 6 Michael and L.F.B., a minor. 5.05 At all times material hereto, Defendant Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas (“Pediatrix”) was a professional association of physicians operating under the laws of the State of Texas and represented to Plaintiffs and to the public at large that it would provide competent medical services to the public at large by and through its members, associates, employees, representatives, agents, and/or ostensible agents, including Susan Elizabeth Keeney, M.D. (“Dr. Keeney”). 5.06 At all pertinent times, a health care provider-patient relationship existed between Defendant Pediatrix and L.F.B., a minor. VI. STATEMENT 0F FACTS 6.01 Plaintiff Shelby Scott (“Shelby”) was a 23-year-old GlPO patient with an estimated due date of January 31, 2021. She received routine prenatal care from Dr. Bingham and Defendant Collum & Carney. 6.02 Shelby presented to Defendant CHRISTUS St. Michael in Texarkana, Texas on February 4, 2021 for induction of labor. On admission, the fetal heart rate tracings were Category I, indicating that L.F.B. was neurologically intact and healthy. Sterile vaginal exam (SVE) performed at 1831 showed Shelby’s cervix was 0.5 centimeters dilated and 0% effaced, and L.F.B. was at -3 station. Shelby was given Cytotec, a cervical ripening agent, at 1830 to begin induction of labor. 6.03 At 0300 on February 5, 2021, Cassie A. Miller, RN (“Nurse Miller”) began administering Pitocin intravenously to Shelby, initially at 2 mu/min., Nurse Miller increased the Pitocin to 4 mu/min at 0315, 6mu/min at 0330, 8mu/min at 0345, and 10 mu/min at 0400. 6.04 At 0635, Nurse Miller charted verbatim, “patient has some bloody show noted and PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 4 I 3 7804 6 small quarter sized clot after return from voiding urine. sve reveals pt is 1, thick, posterior. peri care performed. dr bingham notified of new bloody show, reviewed strip, pitocin turned off. dr bingham to evaluate patient at bedside.” At 0651, Nurse Miller noted a pattern of tachysystole, more than 5 contractions in 10 minutes. 6.05 At 0710, Tammy Doxey, RN (“Nurse Doxey”) restarted the Pitocin at 2 mu/min. At 0715 and 0730, Nurse Doxey noted a contraction frequency of 1-2 minutes. At 0755, Nurse Doxey increased the Pitocin to 4 mu/min. 6.06 At 0831, Dr. Bingham was bedside and reviewed the fetal heart rate strip. Dr. Bingham performed an SVE at 0834 that showed that Shelby’s cervix was 1 cm dilated and 75% effaced, and L.F.B. was at -2 station. Dr. Bingham performed artificial rupture of membranes at that time. Nurse Doxey noted amniotic fluid color “light meconium.” Dr. Bingham inserted an intrauterine pressure catheter (IUPC). 6.07 At 0845 and 0900, Nurse Doxey noted a uterine resting tone of 25 mmHg and a contraction frequency of 1-2 minutes. At 0904, Nurse Doxey increased the Pitocin to 6 mu/min. At 0915 and 0930, Nurse Doxey noted a uterine resting tone of 25 mmHg and a contraction frequency of 1.5-2 minutes. At 1010, Nurse Doxey performed an SVE and noted that Shelby’s cervix was 2 cm dilated and 75 % effaced, and L.F.B. was at -2 station. 6.08 Nurse Doxey increased the Pitocin to 8 mu/min at 1050, to 10 mu/min at 1134, and to 12 mu/min at 1144. At 1145, Dr. Bingham performed an SVE and noted that Shelby’s cervix was 2 cm dilated and 75% effaced, and L.F.B. was at -2 station. Nurse Doxey increased the Pitocin to 14 mu/min at 1200, 16 mu/min at 1215, and 18 mu/min at 1230. At 1230 she noted a uterine resting tone of 25 mmHg and a contraction frequency of 1-2 minutes, and at 1245 she noted a uterine resting tone of 35 mmHg and a contraction frequency of 1-2 minutes. She increased the PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 5 I 3 7804 6 Pitocin to 20 mu/min at 1245 and decreased it to 14 mu/min at 1300. 6.09 Nurse Doxey performed an SVE at 1301 that showed Shelby’s cervix was 4 centimeters dilated and 90% effaced, and L.F.B. was still at -2 station. Nurse Doxey decreased the Pitocin to 10 mu/min at 1341. She also performed another SVE at that time that showed Shelby’s cervix was 5 cm dilated and still 90% effaced, and L.F.B. was at -1 station. At 1345, Nurse Doxey noted variable decelerations, uterine tone of 25 mmHg and contraction frequency of 1-2 minutes. At 1430 she noted variable decelerations and uterine resting tone of 30 mmHg. At 1446, she noted early and variable decelerations, at 1500 she noted uterine resting tone of 30 mmHg, at 1515 she noted variable decelerations and uterine resting tone of 30 mmHg, and at 1530 she noted prolonged decelerations and a uterine resting tone of 30 mmHg. Nurse Doxey performed an SVE at 1533 and noted that Shelby’s cervix was 10 cm dilated and 100% effaced, and L.F.B. was at O station. 6.10 At 1539 Dr. Bingham was at the bedside. Nurse Doxey noted variable decelerations and a uterine resting tone of 30 mmHg at 1540, 1549, and 1600. L.F.B. progressed to +2 station and Shelby pushed for a few contractions, but the fetal heart rate had variable decelerations into the 80s. Dr. Bingham decided to proceed with a vacuum-assisted operative vaginal delivery. Neither Dr. Bingham nor Nurse Doxey notified the neonatal resuscitation team to be present at the delivery. Dr. Bigham applied a Kiwi vacuum to L.F.B.’s head and pulled three times alongside Shelby pushing, with two times the vacuum seal popped off of L.F.B., to effect vacuum-assisted vaginal delivery. 6.11 L.F.B. was delivered at 1619 on February 5, 2021. Infant complications at birth were noted to be “Meconium, Multiple Variable Decels.” L.F.B.’s Apgar scores were 1 at one minute, 3 at five minutes, and 4 at ten minutes (also charted as 5), but with no breakdown in how L.F.B. was scored in each of the five categories that comprise the Apgar. The initial cord arterial PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 6 I 3 7804 6 blood gas had a pH of 7.064 and a base excess of -10.6. 6.12 Dr. Keeney did not arrive until four minutes of life and found L.F.B. blue with no respiratory effort or tone, with a heart rate below 80. Prior to Dr. Keeney’s arrival, L.F.B. had meconium suctioned from her nose and mouth and PPV had been initiated. Dr. Keeney began mechanical ventilation with facemask bagging, but L.F.B. could not maintain adequate respiratory effort when bagging was stopped. Dr. Keeney intubated L.F.B. at “10-12 minutes of age.” L.F.B. required 100% oxygen with bagging. Her tone remained extremely poor. After intubation, a small amount of meconium was suctioned from the ET tube. The first arterial blood gas showed a pH of 6.94 and base excess of -20.7. Therapeutic hypothermia was initiated within one and a half hours of birth. 6.13 L.F.B. remained inpatient at Defendant CHRISTUS St. Michael until March 2, 2021, when she was transferred to Arkansas Children’s Hospital in Little Rock, Arkansas. She was diagnosed with hypoxic-ischemic encephalopathy, meconium aspiration syndrome, and persistent pulmonary hypertension in newborn. VII. CLAIMS FOR RELIEF A. Collum & Carney Clinic Association 7.01 Defendant Collum & Carney is independently liable for its own acts and/or omissions which constitute negligence, as that term is defined by law, including but not limited to the following: (a) Failing to formulate, implement, provide training and education, and/or enforce appropriate policies and procedures; (b) Failing to properly train its agents, employees, or borrowed servants, including but not limited to Dr. Bingham; (c) Failing to properly supervise its employees, members, associates, representatives, borrowed servants, agents, and/or ostensible agents, including but not limited to Dr. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 7 I 3 7804 6 Bingham; and (d) Other acts/omissions anticipated to be discovered. 7.02 Each and all of the foregoing acts and omissions of Defendant Collum & Carney, among others, were singularly and/or cumulatively a proximate cause of the injuries and damages incurred by the Plaintiffs herein. B. CHRISTUS Health Ark-La-Tex d/b/a CHRISTUS St. Michael Health System 7.03 Defendant CHRISTUS St. Michael, by and through its agents, employees, or borrowed servants, specifically Nurse Doxey, failed to use ordinary care in providing treatment to Plaintiff Scott and to L.F.B., a minor, that a reasonable hospital of the same or similar level of certification would have employed under the same or similar circumstances, and as such, committed acts and/or omissions which constitute negligence, as that term is defined by law, including, but not limited to: (a) Failing to properly titrate Pitocin; (b) Failing to discontinue Plaintiff Scott’s Pitocin when the fetal heart rate was Category II with observable recurrent decelerations; (c) Failing to discontinue Plaintiff Scott’s Pitocin in the face of uterine hypertonus; (d) Failing to discontinue Plaintiff Scott’s Pitocin in the face of tachysystole; (e) Failing to properly interpret and respond to the fetal heart rate pattern; (f) Failing to advocate to Dr. Bingham, or another physician, that the Pitocin order was too high and too aggressive despite tachysystole, uterine hypertonus, and abnormal fetal heart monitoring strip; (g) Failing to initiate the chain of command when Dr. Bingham did not change the plan of care from aggressive administration of Pitocin; (h) Failing to notify the neonatal resuscitation team to be present at the delivery of L.F.B.; and (i) Other acts/omissions anticipated to be discovered. PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 8 1378046 7.04 Defendant CHRISTUS St. Michael, by and through its agents, employees, or borrowed servants, specifically the neonatal resuscitation team, failed to use ordinary care in providing treatment to L.F.B., a minor, that a reasonable hospital of the same or similar level of certification would have employed under the same or similar circumstances, and as such, committed acts and/or omissions which constitute negligence, as that term is defined by law, including, but not limited to: (a) Failing to follow Neonatal Resuscitation Program guidelines; (b) Failing to keep a code record of condition, interventions, responses, and appropriate steps; (c) Failing to timely and appropriately intubate L.F.B. once initial stimulation and bag- mask efforts were unsuccessful; (d) Failing to appropriately monitor and respond to the heart rate of L.F.B.; (e) Failing to appropriately monitor and respond to the oxygen saturation of L.F.B.; and (f) Other acts/omissions anticipated to be discovered. 7.05 Defendant CHRISTUS St. Michael is vicariously liable for the acts and omissions of its doctors, nurses, and other health care providers under the provisions of vicarious liability, borrowed servants, respondeat superior, ostensible agency, apparent agency, actual agency, and/or other agency principles, as well as through the theories of joint enterprise and/or joint venture. 7.06 Defendant CHRISTUS St. Michael, additionally and/or in the alternative, is independently liable for its own acts and/or omissions which constitute negligence, as that term is defined by law, including but not limited to the following: (a) Failing to formulate, implement, provide training and education, and/or enforce appropriate policies and procedures; (b) Failing to properly train its agents, employees, or borrowed servants; PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 9 I 3 7804 6 (c) Failing to properly supervise its employees, members, associates, representatives, borrowed servants, agents, and/or ostensible agents; and (d) Other acts/omissions anticipated to be discovered. 7.07 Each and all of the foregoing acts and omissions of Defendant CHRISTUS St. Michael, among others, were singularly and/or cumulatively a proximate cause of the injuries and damages incurred by Plaintiffs herein. C. Pediatrix Medical Services, Inc. d/b/a Pediatrix Medical Group of Texas 7.08 Defendant Pediatrix is independently liable for its own acts and/or omissions which constitute negligence, as that term is defined by law, including but not limited to the following: (a) Failing to formulate, implement, provide training and education, and/or enforce appropriate policies and procedures; (b) Failing to properly train its agents, employees, or borrowed servants, including but not limited to Dr. Keeney; (c) Failing to properly supervise its employees, members, associates, representatives, borrowed servants, agents, and/or ostensible agents, including but not limited to Dr. Keeney; and (d) Other acts/omissions anticipated to be discovered. 7.09 Each and all of the foregoing acts and omissions of Defendant Pediatrix, among others, were singularly and/or cumulatively a proximate cause of the injuries and damages incurred by the Plaintiffs herein. VII. DAMAGES 8.01 In accordance with Tex. R. CiV. P. 47, Plaintiffs state that they seek monetary relief over $1,000,000 and a demand for judgment for all the other relief to which the Plaintiffs may deem themselves entitled. 8.02 As a direct and proximate result of the negligent acts and/or omissions of Defendants as set out above, L.F.B., a minor, has been made to suffer great physical pain and PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 10 I 3 7804 6 suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life in the past, presently, and into the foreseeable future. Further, Plaintiffs would show that L.F.B., a minor, will suffer permanent loss of earning capacity for the remainder of her natural lifetime, and has and will suffer the loss of society and companionship of her family. In addition to the medical expenses in the past and in the future, L.F.B., a minor, will require substantial medical care and supervision after she reaches the age of majority and for the rest of her natural life. 8.03 As a direct and proximate result of the negligent acts and/or omissions of Defendants as set out above, Plaintiff Hunter Brian has suffered damages consisting of medical expenses for treatment of the injuries of L.F.B., a minor, both past and future. Plaintiff Hunter Brian will also suffer the loss of services of his daughter, L.F.B., a minor. 8.04 As a direct and proximate result of the negligent acts and/or omissions of Defendants as set out above, Plaintiff Shelby Scott has suffered damages consisting of medical expenses for treatment of the injuries of L.F.B., a minor, both past and future. Plaintiff Shelby Scott will also suffer the loss of services of her daughter, L.F.B., a minor. 8.05 All of the above have resulted in damages which are within the jurisdictional limits of this Court, for which Plaintiffs now plead against Defendants. IX. REQUEST FOR JURY TRIAL 9.01 Plaintiffs respectfully requested in their Original Petition that the trial of this cause be by jury. Plaintiffs have already tendered the requisite jury fee. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited to appear and answer herein, and that upon final determination of these causes of action, Plaintiffs receive a judgment against the Defendants, awarding the Plaintiffs as follows: PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 11 I 3 7804 6 (a) Actual damages alleged herein, in an amount in excess of the minimal limits of the Court against the named Defendants; (b) Costs of courts; (C) Prejudgment interest at the highest rate allowed by law from the earliest time allowed by law; (d) Interest on the judgment at the highest legal rate from the date of judgment until collected; and (e) All such other and further relief at law and in equity to which Plaintiffs may show themselves to be justly entitled. Respectfully Submitted, MILLER WEISBROD OLESKY, L.L.P. /s/ Les Weisbrod LES WEISBROD State Bar No. 21 104900 lweisbrod@millerweisbrod.com CLAY MILLER State Bar No. 00791266 cmiller@millerweisbrod.com CARRIE LYNN VINE State Bar No. 24128671 cvine@millerweisbrod.com MATTHEW ADAIR State Bar No. 24084471 madair@millerweisbrod.com Forest Central II 11551 Forest Central Drive, Suite 300 Dallas, Texas 75243 (214) 987-0005 (Telephone) (214) 987-2545 (Facsimile) ATTORNEYS FOR PLAIN TIFFS PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 12 1378046 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing was served upon the following attorneys of record, on this, the 29th day of February, 2024: Kevin W. Yankowsky HAND DELIVERY kevin.yankowsky@nortonrosefulbright.com CERTIFIED MAIL Betty Feng FACSIMILE bettv.feng@nortonrosefulbright.corn FIRST CLASS MAIL Norton Rose Fulbright US, LLP ELECTRONIC Fulbright Tower 1301 McKinney, Suite 5 100 Houston, Texas 77101-3095 A ITORNE YS FOR DEFENDANT COLL 0M & CARNEY CLINIC ASSOCIATION Jon W. Stephenson HAND DELIVERY ionstephenson@steedlawfirm.com CERTIFIED MAIL Casey Cashion FACSIMILE caseycashion@steedlawfirm.com FIRST CLASS MAIL Steed Dunnill Reynolds Bailey Stephenson, LLP ELECTRONIC 1717 Main Street, Suite 2950 Dallas, Texas 75201 A ITORNEYS FOR DEFENDANT CHRISTUS HEALTH ARK-LA-TEX/b/a CHRISTUS ST. MICHAEL HEALTH SYSTEM Cory Sutker HAND DELIVERY corysutker@cooperscullycom CERTIFIED MAIL Cooper Scully LLP FACSIMILE 900 Jackson Street, Suite 100 FIRST CLASS MAIL Dallas, Texas 75202 ELECTRONIC A TTORNE YS FOR DEFENDANT PEDIA TRIXMEDICAL SERVICES, INC. d/b/a PEDIA TRIXMEDICAL GROUP 0F TEXAS /s/ Matt Adair MATTHEW ADAIR PLAINTIFFS’ FIRST AMENDED ORIGINAL PETITION PAGE 13 I 3 78046 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. Bianca Trejo on behalf of Les Weisbrod Bar No. 21104900 btrejo@millenNeisbrod.com Envelope ID: 85059174 Filing Code Description: Amended Petition Filing Description: 1ST Status as of 3/1/2024 8:44 AM CST Associated Case Party: HUNTER BRIAN Name BarNumber Email TimestampSubmitted Status LES WEISBROD lweisbrod@millen~eisbrod.com 2/29/2024 2:46:12 PM SENT Lori Slywka lorislywka@steedlawfirm.com 2/29/2024 2:46:12 PM SENT C. Holloway Yvetteholloway@steedlawfirm.com 2/29/2024 2:46:12 PM SENT Kathy Dorsey kathydorsey@steedlawfirm.com 2/29/2024 2:46:12 PM SENT Associated Case Party: COLLOM & CARNEY CLINIC ASSOCIATION Name BarNumber Email TimestampSubmitted Status Liane Hunt Iiane.hunt@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Kevin W.Yankowsky kevin.yankowsky@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Evelyn Ivy evelyn.ivy@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Kim Marcum kim.marcum@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Will Martin will.martin@nortonrosefu|bright.com 2/29/2024 2:46:12 PM SENT Kristina Williams 24078303 kristina.wi||iams@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Bertina York bertina.york@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Kristina Williams kristina.williams@nortonrosefulbright.com 2/29/2024 2:46:12 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Carlos Mattioli cmattioli@smfadlaw.com 2/29/2024 2:46:12 PM SENT Sherry EKeIIy skelly@smfadlaw.com 2/29/2024 2:46:12 PM SENT Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 2/29/2024 2:46:12 PM SENT 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. Bianca Trejo on behalf of Les Weisbrod Bar No. 21104900 btrejo@millenNeisbrod.com Envelope ID: 85059174 Filing Code Description: Amended Petition Filing Description: 1ST Status as of 3/1/2024 8:44 AM CST Case Contacts Jon Wayne Stephenson 24041973 jonstephenson@steedlawfirm.com 2/29/2024 2:46:12 PM SENT Matthew Adair 24084471 madair@millerweisbrod.com 2/29/2024 2:46:12 PM SENT Charles Clayton Miller 791266 cmiller@millerweisbrod.com 2/29/2024 2:46:12 PM SENT Casey Miller 24103775 caseycashion@steedlawfirm.com 2/29/2024 2:46:12 PM SENT Elizabeth D. (Lisa)Alvarado lalvarado@smfadlaw.com 2/29/2024 2:46:12 PM SENT Debra Boyd dboyd@smfadlaw.com 2/29/2024 2:46:12 PM SENT Ashley Fulks afulks@mil|erweisbrod.com 2/29/2024 2:46:12 PM SENT Francine Ly fly@dallascourts.org 2/29/2024 2:46:12 PM SENT Carrie Lynn Vine 24128671 cvine@millerweisbrod.com 2/29/2024 2:46:12 PM SENT Bianca Trejo btrejo@millen~eisbrod.com 2/29/2024 2:46:12 PM SENT Betty Goodlow betty.good|ow@cooperscully.com 2/29/2024 2:46:12 PM SENT Associated Case Party: PEDIATRIX MEDICAL SERVICES, INC. Name BarNumber Email TimestampSubmitted Status Cory Sutker cory.sutker@cooperscully.com 2/29/2024 2:46:12 PM SENT Associated Case Party: LISA BLUE Name BarNumber Email TimestampSubmitted Status Lisa Blue 2510500 LBlue@baronandblue.com 2/29/2024 2:46:12 PM SENT