Complaint,Petition: Claudia Campos, Daniel Rivera v. Munster Medicl Research Foundation, Inc., Martin Kelly, MD , Ansul Asad, MD et al

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                                45D10-2406-CT-000776                                       Filed: 6/18/2024 6:58 PM
                                                                                                                   Clerk
                                   Lake Superior Court, Civil Division 6                           Lake County, Indiana




STATE OF INDIANA                               LAKE COUNTY CIRCUIT/SUPERIOR COURTS
                : SS
COUNTY OF LAKE


Claudia Campos and Daniel Rivera,
Parents of Elijah Mateo Rivera (Deceased),
       Plaintiffs,

                             vs.

Anonymous Foundation, Inc., d/b/a Anonymous Hospital;
Anonymous MD-1; Anonymous MD-2; Anonymous MD-3;
Anonymous PA; and Anonymous NP,
      Defendants.

                               Complaint for Medical Negligence

   1. The plaintiffs are Claudia Campos and Daniel Rivera, Parents of Elijah Mateo Rivera

       (Deceased)(“Elijah”). Claudia Campos and Daniel Rivera claim the following:

   2. Elijah was a patient of Anonymous Foundation, Inc., d/b/a Anonymous Hospital; Anonymous

       MD-1; Anonymous MD-2; Anonymous MD-3; Anonymous PA; and Anonymous NP, from his

       birth on 05/21/2022 until his death on 06/19/2022.

   3. Anonymous Foundation, Inc., d/b/a Anonymous Hospital; Anonymous MD-1; Anonymous MD-

       2; Anonymous MD-3; Anonymous PA; and Anonymous NP, apparently are qualified

       healthcare providers as defined at I.C. §34-18-2-24.5 et.seq.

   4. Anonymous Foundation, Inc., d/b/a Anonymous Hospital; Anonymous MD-1; Anonymous MD-

       2; Anonymous MD-3; Anonymous PA; and Anonymous NP, owed Elijah a duty to provide

       neonatal intensive care services that would be reasonably careful, skillful, and prudently

       provided by medical providers under the same or similar circumstances regarding a pre-

       mature infant boy.

   5. Anonymous Foundation, Inc., d/b/a Anonymous Hospital; is respondeat superior for the

       negligent acts and omissions of the staff it employs including but not limited to its


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       nursing staff, physician staff, physician assistant staff, and the facility’s apparent agents.

   6. Anonymous Foundation, Inc., d/b/a Anonymous Hospital; Anonymous MD-1; Anonymous MD-

       2; Anonymous MD-3; Anonymous PA; and Anonymous NP, breached the duties they owed to

       Elijah when they failed to use the care and skill that reasonably careful, skillful, and

       prudent hospital neonatal intensive care staff, treating physicians, and physician’s

       assistants would use when attending to a patient such as Elijah.

   7. Elijah died because the Defendants breached the duties they owed Elijah, including but

       not limited to the failure to properly monitor and attend to him including but not limited

       to incubator operation and control of bodily systems to prevent sepsis.



       Wherefore, Claudia Campos and Daniel Rivera, Parents of Elijah Mateo Rivera

       (Deceased) requests a JURY be convened in TRIAL to determine if the Defendants

       failed Elijah, are responsible for his death, and applicable damages.


Respectfully submitted,

/s/Theodore L. Stacy
Theodore L. Stacy, 17776-64
Attorney for Claudia Campos and Daniel Rivera,
Parents of Elijah Mateo Rivera (Deceased)
258 W US Highway 6
Valparaiso, IN 46385
219.764.7064/attorneyted@mac.com




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