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Date Filed 5/31/2024 11:45 AM
Superior Court - Middlesex
Docket Number
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
CIVIL ACTION
NO. 2UCV [YA
SHERYL RODENHISER, PERSONAL REPRESENTATIVE
OF THE ESTATE OF ROBERT RODENHISER,
Plaintiff,
V. tc
5/31/24
RISHI VOHORA, D.O.,
RECEIVED
RICHARD PATTEN, M.D.,
MARY LEE MATTEL CNP.,
BRUCE HOOK, M.D.,
JOHN/JANE DOE NO. 1,
and JOHN/JANE DOE NO. 2
Defendants.
COMPLAINT
Count I.
1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of
Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts.
The defendant, Rishi Vohora, D.O., was at all times relevantto this complaint a physician licensed
to practice his profession in the Commonwealth of Massachusetts.
This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of
his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq.
At all times relevant to this complaint, the defendant, Rishi Vohora, D.O., represented and held
himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in
particular, represented to the plaintiff's decedent that he was knowledgeable, competent, and
qualified to diagnose and treat the plaintiffs decedent's condition on or about 12/2/2020 to
6/4/2021.
On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and
treatment of the defendant, Rishi Vohora, D.O., who negligently, carelessly, and without regard
for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner
resulting in the plaintiff's decedent's death on 6/4/2021.
The death of Robert Rodenhiser and the damage to his estate, were the direct and proximate result
of the carelessness, unskillfulness, negligence and improper care and treatment by the defendant,
Rishi Vohora, D.O., including, but not limited to the following:
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Defendant's misrepresentations to the plaintiff's decedent that he was knowledgeable,
skillful, and competent to diagnose and treat the plaintiffs decedent's medical condition
on or about 12/2/2020 to 6/4/2021;
Defendant's failure to adequately and properly diagnose the plaintiff's decedent's medical
condition on or about 12/2/2020 to 6/4/2021, and his failure to prescribe proper and timely
treatment for said condition;
Defendant's failure to recognize, or have the knowledge to recognize his inability and lack
of skill to diagnose and treat the plaintiff's decedent, when the defendant knew or should
have known in the exercise of due care, the foreseeable consequences of his inability and
failure to properly and skillfully provide the plaintiff's decedent with acceptable medical
and diagnostic services;
Defendant's failure to possess or negligent failure to exercise that degree of skill, training,
and care as is possessed and exercised by average qualified members of the medical
profession practicing his specialty; and
Defendant's failure to inform and to warn of the risks involved in or associated with the
plaintiff's decedent's condition and failure to inform and to warn about the treatment of
said condition.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the
above-described wrongful death and damage to the estate, together with interest and costs.
Count Il.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count I above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the carelessness and negligence of the defendant, Rishi
Vohora, D.O., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until
his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., in
an amount to be determined by a jury, together with interest and costs.
Count Ill.
1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of
Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts.
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The defendant, Rishi Vohora, D.O., was at all times relevant to this complaint a physician licensed
to practice his profession in the Commonwealth of Massachusetts.
This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of
his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq.
At all times relevant to this complaint, the defendant, Rishi Vohora, D.O., represented and held
himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in
particular, represented to the plaintiffs decedent that he was knowledgeable, competent, and
qualified to diagnose and treat the plaintiffs decedent's condition on or about 12/2/2020 to
6/4/2021.
On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and
treatment of the defendant, Rishi Vohora, D.O., who negligently, carelessly, and without regard
for the plaintiff's decedent's health and well-being, treated the plaintiffs decedent in a manner
resulting in the plaintiff's decedent's death on 6/4/2021.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the malicious, willful, wanton
or reckless conduct of the defendant, Rishi Vohora, D.O., or by the gross negligence of the
defendant on or about 12/2/2020 to 6/4/2021.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the
above-described wrongful death and damage to the estate, together with punitive damages, interest
and costs.
Count IV.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count Ill above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the malicious, willful, wanton or reckless conduct of the
defendant, Rishi Vohora, D.O., the decedent, Robert Rodenhiser, was caused to suffer consciously
up to and until his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the
above-described wrongful death and damage to the estate, together with punitive damages, interest
and costs.
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Docket Number
Count V.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count I above, as if expressly rewritten and set forth herein.
On or about 12/2/2020 to 6/4/2021, the defendant,.Rishi Vohora, D.O., contracted with the
plaintiff's decedent to provide professional services related to the plaintiff's decedent’s medical
care and treatment.
The defendant, Rishi Vohora, D.O., expressly and impliedly warranted to the plaintiff's decedent
that he would perform and render said professional services in accordance with accepted standards
for the practice of medicine, and that he would possess and exercise that degree of skill and care
possessed and exercised by the average qualified members of the medical profession practicing
his specialty.
On or about 12/2/2020 to 6/4/2021, the defendant, Rishi Vohora, D.O., breached his express and
implied warranties by failing to perform and render professional services in accordance with
accepted standards for the practice of medicine, and by failing to possess and exercise that degree
of skill and care possessed and exercised by the average qualified members of the medical
profession practicing his specialty, which breach resulted in the death of Robert Rodenhiser.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the defendant, Rishi Vohora,
D.O.'s breach of express and implied warranties.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for
the above-described wrongful death and damage to the estate, together with interest and costs.
Count VI.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Five of Count V above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the breach of express and implied warranties by the
defendant, Rishi Vohora, D.O., the plaintiff's decedent, Robert Rodenhiser, was caused to suffer
consciously up to and until his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., in
an amount to be determined by a jury, together with interest and costs.
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Count VII.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count I above, as if expressly rewritten and set forth herein.
On or about 12/2/2020 to 6/4/2021, average qualified members of the medical profession
practicing the defendant's specialty knew or should have known of the risks, potential
consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent.
On or about 12/2/2020 to 6/4/2021, the defendant, Rishi Vohora, D.O., knew or should have
known of the risks, potential consequences and alternatives to the defendant's choice of treatment
of the plaintiff's decedent.
On or about 12/2/2020 to 6/4/2021, the defendant, Rishi Vohora, D.O., did not inform the
plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's
choice of treatment of the plaintiff's decedent.
If the defendant, Rishi Vohora, D.O., had informed the plaintiff's decedent of the alternatives to
and risks and potential consequences of the defendant's choice of treatment of the plaintiff's
decedent, neither the plaintiff's decedent nor a reasonable person in his position would have
elected the defendant's choice of treatment.
The alternatives to and the risks and potential consequences of the defendant's choice of treatment
were material to a decision by the plaintiff's decedent and a reasonable person in his position as
to whether to undergo the defendant's choice of treatment.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the defendant, Rishi Vohora,
D.O.'s failure to obtain the informed consent of the plaintiff's decedent.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for
the above-described wrongful death and damage to the estate, together with interest and costs.
Count VIII.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Seven of Count VII above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the defendant, Rishi Vohora, D.O.’s failure to inform the
plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's
treatment, the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his
time of death.
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WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., in
an amount to be determined by ajury, together with interest and costs.
Count IX.
1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of
Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts.
The defendant, Richard Patten, M.D., was at all times relevant to this complaint a physician
licensed to practice his profession in the Commonwealth of Massachusetts.
This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of
his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq.
At all times relevant to this complaint, the defendant, Richard Patten, M.D., represented and held
himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in
particular, represented to the plaintiff's decedent that he was knowledgeable, competent, and
qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to
6/4/2021.
On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and
treatment of the defendant, Richard Patten, M.D., who negligently, carelessly, and without regard
for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner
resulting in the plaintiff's decedent's death on 6/4/2021.
The death of Robert Rodenhiser and the damage to his estate, were the direct and proximate result
of the carelessness, unskillfulness, negligence and improper care and treatment by the defendant,
Richard Patten, M.D., including, but not limited to the following:
a. Defendant's misrepresentations to the plaintiff's decedent that he was knowledgeable,
skillful, and competent to diagnose and treat the plaintiffs decedent's medical condition
on or about 12/2/2020 to 6/4/2021;
Defendant's failure to adequately and properly diagnose the plaintiffs decedent's medical
condition on or about 12/2/2020 to 6/4/2021, and his failure to prescribe proper and timely
treatment for said condition;
Defendant's failure to recognize, or have the knowledge to recognize his inability and lack
of skill to diagnose and treat the plaintiff's decedent, when the defendant knew or should
have known in the exercise of due care, the foreseeable consequences of his inability and
failure to properly and skillfully provide the plaintiff's decedent with acceptable medical
and diagnostic services;
Defendant's failure to possess or negligent failure to exercise that degree of skill, training,
and care as is possessed and exercised by average qualified members of the medical
profession practicing his specialty; and
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e. Defendant's failure to inform and to warn of the risks involved in or associated with the
plaintiff's decedent's condition and failure to inform and to warn about the treatment of
said condition.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the
above-described wrongful death and damage to the estate, together with interest and costs.
Count X.
1 The plaintiff; Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count IX above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the carelessness and negligence of the defendant, Richard
Patten, M.D., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until
his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D.,
in an amount to be determined by a jury, together with interest and costs.
Count XI.
1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of
Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts.
The defendant, Richard Patten, M.D., was at all times relevant to this complaint a physician
licensed to practice his profession in the Commonwealth of Massachusetts.
This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of
his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq.
At all times relevant to this complaint, the defendant, Richard Patten, M.D., represented and held
himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in
particular, represented to the plaintiff's decedent that he was knowledgeable, competent, and
qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to
6/4/2021.
On or about 12/2/2020 to 6/4/2021, the plaintiffs decedent submitted himself to the care and
treatment of the defendant, Richard Patten, M.D., who negligently, carelessly, and without regard
for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner
resulting in the plaintiff's decedent's death on 6/4/2021.
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6. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the malicious, willful, wanton
or réckless conduct of the defendant, Richard Patten, M.D., or by the gross negligence of the
defendant on or about 12/2/2020 to 6/4/2021.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the
above-described wrongful death and damage to the estate, together with punitive damages, interest
and costs.
Count XIil.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count XI above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the malicious, willful, wanton or reckless conduct of the
defendant, Richard Patten, M.D., the decedent, Robert Rodenhiser, was caused to suffer
consciously up to and until his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the
above-described wrongful death and damage to the estate, together with punitive damages, interest
and costs.
Count XIll.
1. The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count IX above, as if expressly rewritten and set forth herein.
On or about 12/2/2020 to 6/4/2021, the defendant, Richard Patten, M.D., contracted with the
plaintiff's decedent to provide professional services related to the plaintiff's decedent’s medical
care and treatment.
The defendant, Richard Patten, M.D., expressly and impliedly warranted to the plaintiffs
decedent that he would perform and render said professional services in accordance with accepted
standards for the practice of medicine, and that he would possess and exercise that degree of skill
and care possessed and exercised by the average qualified members of the medical profession
practicing his specialty.
On or about 12/2/2020 to 6/4/2021, the defendant, Richard Patten, M.D., breached his express
and implied warranties by failing to perform and render professional services in accordance with
accepted standards for the practice of medicine, and by failing to possess and exercise that degree
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of skill and care possessed and exercised by the average qualified members of the medical
profession practicing his specialty, which breach resulted in the death of Robert Rodenhiser.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the defendant, Richard Patten,
M.D.'s breach of express and implied warranties.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for
the above-described wrongful death and damage to the estate, together with interest and costs.
Count XIV.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Five of Count XIII above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the breach of express and implied warranties by the
defendant, Richard Patten, M.D., the plaintiff’s decedent, Robert Rodenhiser, was caused to suffer
consciously up to and until his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D.,
in an amount to be determined by a jury, together with interest and costs.
Count XV.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count IX above, as if expressly rewritten and set forth herein.
On or about 12/2/2020 to 6/4/2021, average qualified members of the medical profession
practicing the defendant's specialty knew or should have known of the risks, potential
consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent.
On or about 12/2/2020 to 6/4/2021, the defendant, Richard Patten, M.D., knew or should have
known of the risks, potential consequences and alternatives to the defendant's choice of treatment
of the plaintiffs decedent.
On or about 12272020 to 6/4/2021, the defendant, Richard Patten, M.D., did not inform the
plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's
choice of treatment of the plaintiff's decedent.
If the defendant, Richard Patten, M.D., had informed the plaintiff's decedent of the alternatives
to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's
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decedent, neither the plaintiff's decedent nor a reasonable person in his position would have
elected the defendant's choice of treatment.
The alternatives to and the risks and potential consequences of the defendant's choice of treatment
were material to a decision by the plaintiff's decedent and a reasonable person in his position as
tq whether to undergo the defendant's choice of treatment.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the defendant, Richard Patten,
M.D.'s failure to obtain the informed consent of the plaintiffs decedent.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for
the above-described wrongful death and damage to the estate, together with interest and costs.
Count XVI.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Seven of Count XV above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
As the direct and proximate result of the defendant, Richard Patten, M.D.’s failure to inform the
plaintiffs decedent of the alternatives to and risks and potential consequences of the defendant's
treatment, the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his
time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D.,
in an amount to be determined by a jury, together with interest and costs.
Count XVII.
1. The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of
Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts.
The defendant, Mary Lee Mattei, C.N.P., was at all times relevant to this complaint a certified
nurse practitioner licensed to practice her profession in the Commonwealth of Massachusetts.
This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of
his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq.
At all times relevant to this complaint, the defendant, Mary Lee Mattei, C.N.P., represented and
held herself out to be a certified nurse practitioner, skilled in the treatment of various illnesses and
conditions and, in particular, represented to the plaintiff's decedent that she was knowledgeable,
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competent, and qualified to diagnose and treat the plaintiff's decedent's condition on or about
12/2/2020 to 6/4/2021.
On or about 12/2/2020 to 6/4/2021, the plaintiffs decedent submitted himself to the care and
treatment of the defendant, Mary Lee Mattei, C.N.P., who negligently, carelessly, and without
regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a
manner resulting in the plaintiff's decedent's death on 6/4/2021.
The death of Robert Rodenhiser and the damage to his estate, were the direct and proximate result
of the carelessness, unskillfulness, negligence and improper care and treatment by the defendant,
Mary Lee Mattei, C.N.P., including, but not limited to the following:
a. Defendant's misrepresentations to the plaintiff's decedent that she was knowledgeable,
skillful, and competent to diagnose and treat the plaintiff's decedent's medical condition
on or about 12/2/2020 to 6/4/2021;
Defendant's failure to adequately and properly diagnose the plaintiff's decedent's medical
condition on or about 12/2/2020 to 6/4/2021, and her failure to prescribe proper and timely
treatment for said condition;
Defendant's failure to recognize, or have the knowledge to recognize her inability and lack
of skill to diagnose and treat the plaintiff's decedent, when the defendant knew or should.
have known in the exercise of due care, the foreseeable consequences of her inability and
failure to properly and skillfully provide the plaintiff's decedent with acceptable nursing
services;
Defendant's failure to possess or negligent failure to exercise that degree of skill, training,
and care as is possessed and exercised by average qualified members of the nursing
profession practicing her specialty; and
Defendant's failure to inform and to warn of the risks involved in or associated with the
plaintiff's decedent's condition and failure to inform and to warn about the treatment of
said condition.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N_P., for
the above-described wrongful death and damage to the estate, together with interest and costs.
Count XVIII.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count XVII above, as if expressly rewritten and set forth herein.
This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
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3. As the direct and proximate result of the carelessness and negligence of the defendant, Mary Lee
Mattei, C.N.P., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until
his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei,
C.N.P., in an amount to be determined by a jury, together with interest and costs.
Count XIX.
1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of
Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts.
The defendant, Mary Lee Mattei, C.N.P., was at all times relevant to this complaint a certified
nurse practitioner licensed to practice her profession in the Commonwealth of Massachusetts.
This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of
his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq.
At all times relevant to this complaint, the defendant, Mary Lee Mattei, C.N_P., represented and
held herself out to be a nurse, skilled in the treatment of various illnesses and conditions and, in
particular, represented to the plaintiff's decedent that she was knowledgeable, competent, and
qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to
6/4/2021.
On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and
treatment of the defendant, Mary Lee Mattei, C.N.P., who negligently, carelessly, and without
regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a
manner resulting in the plaintiffs decedent's death on 6/4/2021.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the malicious, willful, wanton
or reckless conduct of the defendant, Mary Lee Mattei, C.N.P., or by the gross negligence of the
defendant on or about 12/2/2020 to 6/4/2021.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., for
the above-described wrongful death and damage to the estate, together with punitive damages, interest
and costs.
Count XX.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count XIX above, as if expressly rewritten and set forth herein.
2. This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
12
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Docket Number
3. As the direct and proximate result of the malicious, willful, wanton or reckless conduct of the
defendant, Mary Lee Mattei, C.N-P., the decedent, Robert Rodenhiser, was caused to suffer
consciously up to and until his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., for
the above-described wrongful death and damage to the estate, together with punitive damages, interest
and costs.
Count XXI.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count XVII above, as if expressly rewritten and set forth herein.
On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N.P., contracted with the
plaintiff's decedent to provide professional services related to the plaintiffs decedent’s nursing
care and treatment.
The defendant, Mary Lee Mattei, C.N.P., expressly and impliedly warranted to the plaintiff's
decedent that she would perform and render said professional services in accordance with
accepted standards for the practice of nursing, and that she would possess and exercise that degree
of skill and care possessed and exercised by the average qualified members of the nursing
profession practicing her specialty.
On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N.P., breached her express
and implied warranties by failing to perform and render professional services in accordance with
accepted standards for the practice of nursing, and by failing to possess and exercise that degree
of skill and care possessed and exercised by: the average qualified members of the nursing
profession practicing her specialty, which breach resulted in the death of Robert Rodenhiser.
The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his
funeral and burial expenses, were the direct and proximate result of the defendant, Mary Lee
Mattei, C.N.P.'s breach of express and implied warranties.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of
the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P.,
for the above-described wrongful death and damage to the estate, together with interest and costs.
Count XXIl.
1. The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Five of Count XXI above, as if expressly rewritten and set forth herein.
2. This action is brought to recover for the conscious pain and suffering of the decedent, Robert
Rodenhiser.
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Docket Number
3. As the direct and proximate result of the breach of express and implied warranties by the
defendant, Mary Lee Mattei, C.N_P., the plaintiff's decedent, Robert Rodenhiser, was caused to
suffer consciously up to and until his time of death.
WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative
of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei,
C.N.P., in an amount to be determined by a jury, together with interest and costs.
Count XxiIll.
1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of
Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through
Six of Count XVII above, as if expressly rewritten and set forth herein.
On or about 12/2/2020 to 6/4/2021, average qualified members of the nursing profession
practicing the defendant's specialty knew or should have known of the risks, potential
consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent.
On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N.P., knew or should have
known of the risks, potential consequences and alternatives to the defendant's choice of treatment
of the plaintiff's decedent.
On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N-P., did not inform the
plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's
choice of treatment of the plaintiff's decedent.
Ifthe defendant, Mary Lee Mattei, C.N.P., had informed the plaintiff's decedent of the alternatives
to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's
decedent, neither the plaintiff's decedent nor a reasona
Preview
Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT CIVIL ACTION NO. 2UCV [YA SHERYL RODENHISER, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT RODENHISER, Plaintiff, V. tc 5/31/24 RISHI VOHORA, D.O., RECEIVED RICHARD PATTEN, M.D., MARY LEE MATTEL CNP., BRUCE HOOK, M.D., JOHN/JANE DOE NO. 1, and JOHN/JANE DOE NO. 2 Defendants. COMPLAINT Count I. 1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts. The defendant, Rishi Vohora, D.O., was at all times relevantto this complaint a physician licensed to practice his profession in the Commonwealth of Massachusetts. This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq. At all times relevant to this complaint, the defendant, Rishi Vohora, D.O., represented and held himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff's decedent that he was knowledgeable, competent, and qualified to diagnose and treat the plaintiffs decedent's condition on or about 12/2/2020 to 6/4/2021. On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and treatment of the defendant, Rishi Vohora, D.O., who negligently, carelessly, and without regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner resulting in the plaintiff's decedent's death on 6/4/2021. The death of Robert Rodenhiser and the damage to his estate, were the direct and proximate result of the carelessness, unskillfulness, negligence and improper care and treatment by the defendant, Rishi Vohora, D.O., including, but not limited to the following: Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number Defendant's misrepresentations to the plaintiff's decedent that he was knowledgeable, skillful, and competent to diagnose and treat the plaintiffs decedent's medical condition on or about 12/2/2020 to 6/4/2021; Defendant's failure to adequately and properly diagnose the plaintiff's decedent's medical condition on or about 12/2/2020 to 6/4/2021, and his failure to prescribe proper and timely treatment for said condition; Defendant's failure to recognize, or have the knowledge to recognize his inability and lack of skill to diagnose and treat the plaintiff's decedent, when the defendant knew or should have known in the exercise of due care, the foreseeable consequences of his inability and failure to properly and skillfully provide the plaintiff's decedent with acceptable medical and diagnostic services; Defendant's failure to possess or negligent failure to exercise that degree of skill, training, and care as is possessed and exercised by average qualified members of the medical profession practicing his specialty; and Defendant's failure to inform and to warn of the risks involved in or associated with the plaintiff's decedent's condition and failure to inform and to warn about the treatment of said condition. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the above-described wrongful death and damage to the estate, together with interest and costs. Count Il. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count I above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the carelessness and negligence of the defendant, Rishi Vohora, D.O., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., in an amount to be determined by a jury, together with interest and costs. Count Ill. 1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts. Date Filed 5/31/2024 11:45 AM ‘Superior Court - Middlesex Docket Number The defendant, Rishi Vohora, D.O., was at all times relevant to this complaint a physician licensed to practice his profession in the Commonwealth of Massachusetts. This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq. At all times relevant to this complaint, the defendant, Rishi Vohora, D.O., represented and held himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiffs decedent that he was knowledgeable, competent, and qualified to diagnose and treat the plaintiffs decedent's condition on or about 12/2/2020 to 6/4/2021. On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and treatment of the defendant, Rishi Vohora, D.O., who negligently, carelessly, and without regard for the plaintiff's decedent's health and well-being, treated the plaintiffs decedent in a manner resulting in the plaintiff's decedent's death on 6/4/2021. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the malicious, willful, wanton or reckless conduct of the defendant, Rishi Vohora, D.O., or by the gross negligence of the defendant on or about 12/2/2020 to 6/4/2021. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the above-described wrongful death and damage to the estate, together with punitive damages, interest and costs. Count IV. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count Ill above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the malicious, willful, wanton or reckless conduct of the defendant, Rishi Vohora, D.O., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the above-described wrongful death and damage to the estate, together with punitive damages, interest and costs. Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number Count V. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count I above, as if expressly rewritten and set forth herein. On or about 12/2/2020 to 6/4/2021, the defendant,.Rishi Vohora, D.O., contracted with the plaintiff's decedent to provide professional services related to the plaintiff's decedent’s medical care and treatment. The defendant, Rishi Vohora, D.O., expressly and impliedly warranted to the plaintiff's decedent that he would perform and render said professional services in accordance with accepted standards for the practice of medicine, and that he would possess and exercise that degree of skill and care possessed and exercised by the average qualified members of the medical profession practicing his specialty. On or about 12/2/2020 to 6/4/2021, the defendant, Rishi Vohora, D.O., breached his express and implied warranties by failing to perform and render professional services in accordance with accepted standards for the practice of medicine, and by failing to possess and exercise that degree of skill and care possessed and exercised by the average qualified members of the medical profession practicing his specialty, which breach resulted in the death of Robert Rodenhiser. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the defendant, Rishi Vohora, D.O.'s breach of express and implied warranties. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the above-described wrongful death and damage to the estate, together with interest and costs. Count VI. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Five of Count V above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the breach of express and implied warranties by the defendant, Rishi Vohora, D.O., the plaintiff's decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., in an amount to be determined by a jury, together with interest and costs. Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number Count VII. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count I above, as if expressly rewritten and set forth herein. On or about 12/2/2020 to 6/4/2021, average qualified members of the medical profession practicing the defendant's specialty knew or should have known of the risks, potential consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent. On or about 12/2/2020 to 6/4/2021, the defendant, Rishi Vohora, D.O., knew or should have known of the risks, potential consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent. On or about 12/2/2020 to 6/4/2021, the defendant, Rishi Vohora, D.O., did not inform the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's decedent. If the defendant, Rishi Vohora, D.O., had informed the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's decedent, neither the plaintiff's decedent nor a reasonable person in his position would have elected the defendant's choice of treatment. The alternatives to and the risks and potential consequences of the defendant's choice of treatment were material to a decision by the plaintiff's decedent and a reasonable person in his position as to whether to undergo the defendant's choice of treatment. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the defendant, Rishi Vohora, D.O.'s failure to obtain the informed consent of the plaintiff's decedent. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., for the above-described wrongful death and damage to the estate, together with interest and costs. Count VIII. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Seven of Count VII above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the defendant, Rishi Vohora, D.O.’s failure to inform the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's treatment, the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Rishi Vohora, D.O., in an amount to be determined by ajury, together with interest and costs. Count IX. 1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts. The defendant, Richard Patten, M.D., was at all times relevant to this complaint a physician licensed to practice his profession in the Commonwealth of Massachusetts. This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq. At all times relevant to this complaint, the defendant, Richard Patten, M.D., represented and held himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff's decedent that he was knowledgeable, competent, and qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to 6/4/2021. On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and treatment of the defendant, Richard Patten, M.D., who negligently, carelessly, and without regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner resulting in the plaintiff's decedent's death on 6/4/2021. The death of Robert Rodenhiser and the damage to his estate, were the direct and proximate result of the carelessness, unskillfulness, negligence and improper care and treatment by the defendant, Richard Patten, M.D., including, but not limited to the following: a. Defendant's misrepresentations to the plaintiff's decedent that he was knowledgeable, skillful, and competent to diagnose and treat the plaintiffs decedent's medical condition on or about 12/2/2020 to 6/4/2021; Defendant's failure to adequately and properly diagnose the plaintiffs decedent's medical condition on or about 12/2/2020 to 6/4/2021, and his failure to prescribe proper and timely treatment for said condition; Defendant's failure to recognize, or have the knowledge to recognize his inability and lack of skill to diagnose and treat the plaintiff's decedent, when the defendant knew or should have known in the exercise of due care, the foreseeable consequences of his inability and failure to properly and skillfully provide the plaintiff's decedent with acceptable medical and diagnostic services; Defendant's failure to possess or negligent failure to exercise that degree of skill, training, and care as is possessed and exercised by average qualified members of the medical profession practicing his specialty; and Date Filed 5/31/2024 11:45 AM ‘Superior Court - Middlesex Docket Number e. Defendant's failure to inform and to warn of the risks involved in or associated with the plaintiff's decedent's condition and failure to inform and to warn about the treatment of said condition. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the above-described wrongful death and damage to the estate, together with interest and costs. Count X. 1 The plaintiff; Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count IX above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the carelessness and negligence of the defendant, Richard Patten, M.D., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., in an amount to be determined by a jury, together with interest and costs. Count XI. 1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts. The defendant, Richard Patten, M.D., was at all times relevant to this complaint a physician licensed to practice his profession in the Commonwealth of Massachusetts. This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq. At all times relevant to this complaint, the defendant, Richard Patten, M.D., represented and held himself out to be a physician, skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff's decedent that he was knowledgeable, competent, and qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to 6/4/2021. On or about 12/2/2020 to 6/4/2021, the plaintiffs decedent submitted himself to the care and treatment of the defendant, Richard Patten, M.D., who negligently, carelessly, and without regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner resulting in the plaintiff's decedent's death on 6/4/2021. Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number 6. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the malicious, willful, wanton or réckless conduct of the defendant, Richard Patten, M.D., or by the gross negligence of the defendant on or about 12/2/2020 to 6/4/2021. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the above-described wrongful death and damage to the estate, together with punitive damages, interest and costs. Count XIil. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count XI above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the malicious, willful, wanton or reckless conduct of the defendant, Richard Patten, M.D., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the above-described wrongful death and damage to the estate, together with punitive damages, interest and costs. Count XIll. 1. The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count IX above, as if expressly rewritten and set forth herein. On or about 12/2/2020 to 6/4/2021, the defendant, Richard Patten, M.D., contracted with the plaintiff's decedent to provide professional services related to the plaintiff's decedent’s medical care and treatment. The defendant, Richard Patten, M.D., expressly and impliedly warranted to the plaintiffs decedent that he would perform and render said professional services in accordance with accepted standards for the practice of medicine, and that he would possess and exercise that degree of skill and care possessed and exercised by the average qualified members of the medical profession practicing his specialty. On or about 12/2/2020 to 6/4/2021, the defendant, Richard Patten, M.D., breached his express and implied warranties by failing to perform and render professional services in accordance with accepted standards for the practice of medicine, and by failing to possess and exercise that degree Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number of skill and care possessed and exercised by the average qualified members of the medical profession practicing his specialty, which breach resulted in the death of Robert Rodenhiser. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the defendant, Richard Patten, M.D.'s breach of express and implied warranties. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the above-described wrongful death and damage to the estate, together with interest and costs. Count XIV. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Five of Count XIII above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the breach of express and implied warranties by the defendant, Richard Patten, M.D., the plaintiff’s decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., in an amount to be determined by a jury, together with interest and costs. Count XV. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count IX above, as if expressly rewritten and set forth herein. On or about 12/2/2020 to 6/4/2021, average qualified members of the medical profession practicing the defendant's specialty knew or should have known of the risks, potential consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent. On or about 12/2/2020 to 6/4/2021, the defendant, Richard Patten, M.D., knew or should have known of the risks, potential consequences and alternatives to the defendant's choice of treatment of the plaintiffs decedent. On or about 12272020 to 6/4/2021, the defendant, Richard Patten, M.D., did not inform the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's decedent. If the defendant, Richard Patten, M.D., had informed the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number decedent, neither the plaintiff's decedent nor a reasonable person in his position would have elected the defendant's choice of treatment. The alternatives to and the risks and potential consequences of the defendant's choice of treatment were material to a decision by the plaintiff's decedent and a reasonable person in his position as tq whether to undergo the defendant's choice of treatment. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the defendant, Richard Patten, M.D.'s failure to obtain the informed consent of the plaintiffs decedent. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., for the above-described wrongful death and damage to the estate, together with interest and costs. Count XVI. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Seven of Count XV above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. As the direct and proximate result of the defendant, Richard Patten, M.D.’s failure to inform the plaintiffs decedent of the alternatives to and risks and potential consequences of the defendant's treatment, the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Richard Patten, M.D., in an amount to be determined by a jury, together with interest and costs. Count XVII. 1. The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts. The defendant, Mary Lee Mattei, C.N.P., was at all times relevant to this complaint a certified nurse practitioner licensed to practice her profession in the Commonwealth of Massachusetts. This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq. At all times relevant to this complaint, the defendant, Mary Lee Mattei, C.N.P., represented and held herself out to be a certified nurse practitioner, skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff's decedent that she was knowledgeable, 10 Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number competent, and qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to 6/4/2021. On or about 12/2/2020 to 6/4/2021, the plaintiffs decedent submitted himself to the care and treatment of the defendant, Mary Lee Mattei, C.N.P., who negligently, carelessly, and without regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner resulting in the plaintiff's decedent's death on 6/4/2021. The death of Robert Rodenhiser and the damage to his estate, were the direct and proximate result of the carelessness, unskillfulness, negligence and improper care and treatment by the defendant, Mary Lee Mattei, C.N.P., including, but not limited to the following: a. Defendant's misrepresentations to the plaintiff's decedent that she was knowledgeable, skillful, and competent to diagnose and treat the plaintiff's decedent's medical condition on or about 12/2/2020 to 6/4/2021; Defendant's failure to adequately and properly diagnose the plaintiff's decedent's medical condition on or about 12/2/2020 to 6/4/2021, and her failure to prescribe proper and timely treatment for said condition; Defendant's failure to recognize, or have the knowledge to recognize her inability and lack of skill to diagnose and treat the plaintiff's decedent, when the defendant knew or should. have known in the exercise of due care, the foreseeable consequences of her inability and failure to properly and skillfully provide the plaintiff's decedent with acceptable nursing services; Defendant's failure to possess or negligent failure to exercise that degree of skill, training, and care as is possessed and exercised by average qualified members of the nursing profession practicing her specialty; and Defendant's failure to inform and to warn of the risks involved in or associated with the plaintiff's decedent's condition and failure to inform and to warn about the treatment of said condition. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N_P., for the above-described wrongful death and damage to the estate, together with interest and costs. Count XVIII. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count XVII above, as if expressly rewritten and set forth herein. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. ll Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number 3. As the direct and proximate result of the carelessness and negligence of the defendant, Mary Lee Mattei, C.N.P., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., in an amount to be determined by a jury, together with interest and costs. Count XIX. 1 The plaintiff, Sheryl Rodenhiser, is the duly appointed Personal Representative of the Estate of Robert Rodenhiser and is a resident of Hudson, Middlesex County, Massachusetts. The defendant, Mary Lee Mattei, C.N.P., was at all times relevant to this complaint a certified nurse practitioner licensed to practice her profession in the Commonwealth of Massachusetts. This action is brought to recover for the wrongful death of Robert Rodenhiser for the benefit of his next of kin, pursuant to M.G.L.A. c. 229 §1 et seq. At all times relevant to this complaint, the defendant, Mary Lee Mattei, C.N_P., represented and held herself out to be a nurse, skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff's decedent that she was knowledgeable, competent, and qualified to diagnose and treat the plaintiff's decedent's condition on or about 12/2/2020 to 6/4/2021. On or about 12/2/2020 to 6/4/2021, the plaintiff's decedent submitted himself to the care and treatment of the defendant, Mary Lee Mattei, C.N.P., who negligently, carelessly, and without regard for the plaintiff's decedent's health and well-being, treated the plaintiff's decedent in a manner resulting in the plaintiffs decedent's death on 6/4/2021. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the malicious, willful, wanton or reckless conduct of the defendant, Mary Lee Mattei, C.N.P., or by the gross negligence of the defendant on or about 12/2/2020 to 6/4/2021. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., for the above-described wrongful death and damage to the estate, together with punitive damages, interest and costs. Count XX. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count XIX above, as if expressly rewritten and set forth herein. 2. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. 12 Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number 3. As the direct and proximate result of the malicious, willful, wanton or reckless conduct of the defendant, Mary Lee Mattei, C.N-P., the decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., for the above-described wrongful death and damage to the estate, together with punitive damages, interest and costs. Count XXI. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count XVII above, as if expressly rewritten and set forth herein. On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N.P., contracted with the plaintiff's decedent to provide professional services related to the plaintiffs decedent’s nursing care and treatment. The defendant, Mary Lee Mattei, C.N.P., expressly and impliedly warranted to the plaintiff's decedent that she would perform and render said professional services in accordance with accepted standards for the practice of nursing, and that she would possess and exercise that degree of skill and care possessed and exercised by the average qualified members of the nursing profession practicing her specialty. On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N.P., breached her express and implied warranties by failing to perform and render professional services in accordance with accepted standards for the practice of nursing, and by failing to possess and exercise that degree of skill and care possessed and exercised by: the average qualified members of the nursing profession practicing her specialty, which breach resulted in the death of Robert Rodenhiser. The death of Robert Rodenhiser and the damage to his estate, including, but not limited to his funeral and burial expenses, were the direct and proximate result of the defendant, Mary Lee Mattei, C.N.P.'s breach of express and implied warranties. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., for the above-described wrongful death and damage to the estate, together with interest and costs. Count XXIl. 1. The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Five of Count XXI above, as if expressly rewritten and set forth herein. 2. This action is brought to recover for the conscious pain and suffering of the decedent, Robert Rodenhiser. 13 Date Filed 5/31/2024 11:45 AM Superior Court - Middlesex Docket Number 3. As the direct and proximate result of the breach of express and implied warranties by the defendant, Mary Lee Mattei, C.N_P., the plaintiff's decedent, Robert Rodenhiser, was caused to suffer consciously up to and until his time of death. WHEREFORE, the plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, prays judgment against the defendant, Mary Lee Mattei, C.N.P., in an amount to be determined by a jury, together with interest and costs. Count XxiIll. 1 The plaintiff, Sheryl Rodenhiser, as duly appointed Personal Representative of the Estate of Robert Rodenhiser, repeats and reavers all of the allegations contained in Paragraphs One through Six of Count XVII above, as if expressly rewritten and set forth herein. On or about 12/2/2020 to 6/4/2021, average qualified members of the nursing profession practicing the defendant's specialty knew or should have known of the risks, potential consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent. On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N.P., knew or should have known of the risks, potential consequences and alternatives to the defendant's choice of treatment of the plaintiff's decedent. On or about 12/2/2020 to 6/4/2021, the defendant, Mary Lee Mattei, C.N-P., did not inform the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's decedent. Ifthe defendant, Mary Lee Mattei, C.N.P., had informed the plaintiff's decedent of the alternatives to and risks and potential consequences of the defendant's choice of treatment of the plaintiff's decedent, neither the plaintiff's decedent nor a reasona