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Filing # 16972106 Electronically Filed 08/12/2014 08:30:24 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
KHAI NGUYEN, individually, and as Personal CASE NO.: CACE-14014218
Representative of the Estate of MAI TUYET
NGUYEN, deceased, and on behalf of
KRISTEN HUYNH, KYLIE NGUYEN, KADEN
NGUYEN, the surviving children of MAI TUYET
NGUYEN, and as the natural parent of
KADEN NGUYEN, a minor,
Plaintiffs,
v.
PLANTATION GENERAL HOSPITAL, L.P. d/b/a
PLANTATION GENERAL HOSPITAL, ALEX
BIRMAN, M.D., SUNLIFE OB/GYN SERVICES
OF FT. LAUDERDALE, P.A., GEORGES
EDOUARD, M.D., GEORGES EDOUARD, M.D.,
PA, d/b/a PLANTATION PAVILION
OB/GYN, MELISSA =MACHAN, — ARNP,
ROBERTA SANTINI, M.D., DORI RATHBUN,
FLORIDA UNITED RADIOLOGY, L.C.,
Defendants.
AMENDED COMPLAINT
COMES NOW the Plaintiff, KHAl NGUYEN, individually and as Personal Representative
of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE
NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural
parent of KADEN NGUYEN, a minor, by and through the undersigned attorney and hereby sues
the Defendants, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL
HOSPITAL, ALEX BIRMAN, M.D., SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A.,
GEORGES EDOUARD, M.D., GEORGES EDOUARD, M.D., P.A., MELISSA MACHAN, ARNP,
ROBERTA SANTINI, M.D., DORI RATHBUN, and FLORIDA UNITED RADIOLOGY, L.C., and alleges:
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/12/2014 8:30:22 AM.****GENERAL ALLEGATIONS
This is a civil action for damages in excess of FIFTEEN THOUSAND DOLLARS
($15,000.00), the minimal jurisdictional requirement of this Court, exclusive of costs,
interest, and attorneys’ fees.
All statutorily required conditions precedent to the maintenance of this action have been
performed, have occurred, or have been waived. All requirements of applicable Florida
Statutes have timely been complied with prior to the filing of this action.
There has been a reasonable investigation to determine whether there are grounds for a
good faith belief that there has been negligence in the care and treatment rendered by
Defendants in this case, which gives rise to this action.
Including time allowed for tolling under section 766.106, Florida Statutes, and in
accordance with section 95.11(4)(b), Florida Statutes, this action is being brought within
two (2) years of the time in which the negligence leading to the death of MAI TUYET
NGUYEN was discovered. Therefore, this action is not barred by any statute of
limitations.
This action is being brought prior to KADEN NGUYEN’s eighth birthday and in accordance
with Florida Statute 95.11(4)(b) and is not barred by any statute of limitations.
KHAI NGUYEN only recently became aware that there was a reasonable possibility that
the injuries sustained by KADEN NGUYEN were the result of medical malpractice. In
accordance with Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993), the statute of limitations
did not begin to run until KHAl NGUYEN became aware of such reasonable possibility.
KHAI NGUYEN is the surviving spouse of MAI TUYET NGUYEN, and is currently in the
process of being appointed as Personal Representative of the Estate of MAI TUYET
NGUYEN.10.
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14,
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16.
KHAI NGUYEN and MAI TUYET NGUYEN, deceased, are the natural parents of KADEN
NGUYEN, a minor.
KRISTEN HUYNH was born on August 3, 1999, and therefore, was a minor child within the
meaning of Florida Statute 768.18 at the time of MAl TUYET NGUYEN’s death.
KYLIE NGUYEN was born on October 29, 2008, and therefore, was a minor child within
the meaning of Florida Statute 768.18 at the time of MAl TUYET NGUYEN’s death.
KADEN NGUYEN was born on July26, 2012, and therefore, was a minor child within the
meaning of Florida Statute 768.18 at the time of MAl TUYET NGUYEN’s death.
At all times material hereto, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION
GENERAL HOSPITAL (“PLANTATION GENERAL HOSPITAL”) was and is a limited
partnership with this principal place of business in Nashville, Tennessee that owns and
operates a licensed hospital providing medical care and treatment in Broward County,
Florida.
At all times material hereto,SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A.
("SUNLIFE OB/GYN")was a Florida corporation, licensed to do business within the State of
Florida, and whose principal place of business was in Broward County, Florida.
At all times material hereto, GEORGES EDOUARD, M.D., P.A. d/b/a PLANTATION
PAVILION OB/GYN (“PLANTATION PAVILION OB/GYN”) was a Florida corporation,
licensed to do business within the State of Florida, and whose principal place of business is
in Broward County, Florida.
At all times material hereto, FLORIDA UNITED RADIOLOGY, L.C. (“FLORIDA UNITED
RADIOLOGY”) was a Florida limited liability company, licensed to do business within the
State of Florida, and whose principal place of business is in Broward County, Florida.
At all times material hereto,ALEX BIRMAN, M.D. (“BIRMAN”) was a physician licensed to
practice medicine in the State of Florida.17.
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At all times material hereto, BIRMAN was an employee, agent, and/or apparent agent of
SUNLIFE OB/GYN.
At all times material hereto, GEORGES EDOUARD, M.D. (“EDOUARD”) was a physician
licensed to practice medicine in the State of Florida.
At all times material hereto, EDOUARD was an employee, agent, and/or apparent agent
of PLANTATION PAVILION OB/GYN.
At all time material hereto, ROBERTA SANTINI, M.D. (“SANTINI”) was a physician licensed
to practice medicine in the State of Florida.
At all times material hereto, SANTINI was an employee, agent, and/or apparent agent of
FLORIDA UNITED RADIOLOGY.
At all times material hereto, MELISSA MACHAN (“MACHAN”) was an advanced
registered nurse practitioner in the State of Florida.
At all times material hereto, DORI RATHBUN (“RATHBUN”) was a radiology technician in
the State of Florida.
At all times material hereto, BIRMAN, EDOQUARD, SANTINI, MACHAN, and RATHBUN were
employees, agents, and/or apparent agents of PLANTATION GENERAL HOSPITAL.
In December of 2011, MAI TUYET NGUYEN began her prenatal care with EDOUARD.
On July 25, 2012, at 9:35 P.M., MAI TUYET NGUYEN presented to Plantation General
Hospitalwith complaintsof abdominal pain, and decreased fetal movement.
A bedside ultrasoundperformed at 10:40 P.M. indicated abnormal amniotic fluid "which
may represent meconium versus hemorrhage."
RATHBUN, the radiology technician at PLANTATION GENERAL HOSPITAL, produced
images and then reviewed the results from the ultrasound.
The ultrasound was then interpreted by ROBERTA SANTINI, M.D.30.
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The ultrasound contained a dense echogenic material throughout the gestinal sac, which
was strongly suggestive of a massive hemorrhage. Both SANTINI and RATHBUN failed to
identify the hemorrhage, and/or alert the care providers of the presence of a possible
hemorrhage.
MAI TUYET NGUYEN was admitted by EDOUARD at approximately 11:35 P.M. with the
diagnosis of intrauterine pregnancy and non-reactive fetal heart rate monitor. EDOUARD
ordered MAI TUYET NGUYEN to receive 25 micrograms of vaginal Cytotec every three
(3) hours until active labor commenced.
Cytotec has not been approved by the FDA as an inducing agent for labor, and has a
black box warning which cautions that use of the drug as an inducing agent can result in
birth defects, abortion, premature birth and uterine rupture.
At all times material hereto, the Cytotec administered to MAl TUYET NGUYEN was stored,
dispensed and provided by Plantation General Hospital for use in inducing labor.
At 2:05 AM., on July 26, 2012, Pamela Nelson, RN, administered 25 mg of Cytotec
vaginally to MAI TUYET NGUYEN.
Prior to being administered the Cytotec, MAl TUYET NGUYEN was not told about the risks
associated with the use of Cytotec, or the fact that it was not approved by the FDA as a
labor inducing agent.
Fetal hearing monitoring indicated variable decelerations indicative of umbilical cord
compression.
At 5:30 A.M., another dosage of 25 mg of Cytotec was administered vaginally by
Pamela Nelson, RN.
Fetal heart monitoring at approximately 8:00 A.M. continued to be non-reassuring with
minimal variability, absent accelerations and variable decelerations indicative of fetal
compromise.39.
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4).
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At approximately 8:35 A.M., Jean Reynolds, RN, preformed a vaginal exam which
revealed vaginal bleeding. EDOUARD was notified at 8:40 A.M. of the bleeding, and
was told to come to Plantation General Hospital.
Although EDOUARD informed Jean Reynolds, RN that he was only ten (10) minutes away
from Plantation General Hospital, he did not arrive at bedside until C-Section delivery
was underway, at approximately 9:08 A.M.
At 8:46 A.M., MAI TUYET NGUYEN was administered oxygen.
At 8:55 A.M., Jean Reynolds, RN called EDOUARD and informed him the MAI TUYET
NGUYEN was completely dilated and wanting to push.
At 9:00 A.M., MAI TUYET NGUYEN became unresponsive. A Rapid Response Team was
called, however a Code Blue was not called.
Although a request for a Rapid Response Team was made at 9:00 A.M., an overhead
page for an available OB/GYN physician was not executed until 9:04 A.M.
BIRMAN arrived at MAIUYET NGUYEN’s bedside at 9:05 A.M., and attempted a forceps
delivery, which failed.
Despite MAIUYET NGUYEN being non-responsive since 9:00 A.M., a Code Blue was not
called until 9:06 A.M.
By 9:07 A.M. MAIUTYET NGUYEN had no palpable pulse, and was in asystole. MAIUYET
NGUYEN was then intubated.
At 9:10 A.M., the fetal heart rate was documented in the range of 50-59 beats per
minutes, indicative of severe fetal distress and compromise. Despite the same, a STAT C-
Section was not called until 9:13 A.M.
KADEN NGUYEN was delivered via C-Section by BIRMAN at 9:14 A.M.
MACHAN was the attending certified registered nurse anesthetist (CRNA).51.
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After KADEN NGUYEN was delivered, EDOUARD arrived at bedside and assisted with
delivery of the placenta.
The uterus was placed back into the abdomen and the abdominal incision was left open
while CPR efforts continued at MAIUTYET NGUYEN’s bedside.
Despite continued CPR and resuscitative efforts, MAIUYET NGUYEN remained
unresponsive.
MAIUTYET NGUYEN was pronounced deadat 9:41 A.M. on July 26, 2012.
Upon delivery, KADEN NGUYEN was noted to be bradycardic, blue, floppy, and not
breathing, indicative of fetal compromise and hypoxia/anoxia. Despite this presentation,
cord blood gases were not obtained or ordered.
KADEN NGUYEN's one (1) minute APGAR was a 1.
KADEN NGUYEN was intubated at three (3) minutes of life. Despite intubation and
aggressive resuscitative efforts, his AGPARs remained abnormally low with an APGAR of
3 at five (5) minutes, and an APGAR of 4 at ten (10) minutes.
KADEN NGUYEN was admitted in the Neo-Natal Intensive Care Unit (NICU) in critical
condition, and with an initial diagnosis of hypoxemia, perinatal depression, respiratory
distress and pulmonary hypertension.
In the early morning of July 28, 2012, KADEN NGUYEN suffered prolonged oxygen
desaturations, and drop in mean blood pressure. As a result, KADEN NGUYEN was
transferred to Joe DiMaggio Children's Hospital.
These injuries sustained by KADEN NGUYEN were preventable, foreseeable, and will
continue indefinitely into the future.COUNT I: NEGLIGENCE OF PLANTATION GENERAL HOSPITAL FOR BREACH OF NON-
DELEGABLE DUTY
Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as
though fully set forth herein and further alleges the following:
61. Defendant, PLANTATION GENERAL HOSPITAL, selected, retained, hired, and/or
credentialed BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN for the purpose of
providing medical care and treatment to MAI TUYET NGUYEN and/or KADEN NGUYEN.
62. At all times material hereto, the Defendant, PLANTATION GENERAL HOSPITAL, had a non-
delegable duty to provide medical and nursing care in accordance with the general
standard of care in pre-delivery, post-delivery, and neonatal care and treatment to MAI
TUYET NGUYEN and/or KADEN NGUYEN.
63. This duty is created by:
a. Under the terms of the consent agreement MAI TUYET NGUYEN signed at
PLANTATION GENERAL HOSPITAL, PLANTATION GENERAL HOSPITAL had a non-
delegable duty to provide physicians and staff to properly and safely treat MAI
TUYET NGUYEN and KADEN NUGYEN. SeePope v. Winter Park Healthcare
Group, Ltd., 939 So. 2d 185 (Fla. 5th DCA 2006); and Shands Teaching Hosp. &
Clinic, Inc. v. Juliana, 863 So. 2d 343 (Fla. 1st DCA 2003). A copy of the consent
agreement is attached hereto as Exhibit A.
b. Rule 59A-3.254, Florida Administrative Code requires that every hospital develop
policies and procedures for assessment of patients, reassessment of patients,
coordination of care to include role of the physician, patient and family education,
discharge planning and criteria, and documentation;
c. Rule 59A-3.2085(3)(a), Florida Administrative Code requires that every hospital
providing operative or other invasive procedures, such as PLANTATION GENERALHOSPITAL, be organized under written policies and procedures, and these
procedures require a determination of appropriateness based on, among other
things, diagnostic data and the risks/benefits of the procedure;
Rule 59A-3.2085(4)(a)-(b), Florida Administrative Code requires that every
hospital providing surgical or obstetrical services, shall have an anesthesia
department, directed by a physician member of the organized professional staff.
The anesthesia department of each hospital shall have written policies and
procedures that are approved by the organized medical staff, are reviewed
annually, dated at time of last review, revised, and enforced as necessary. The
responsibilities and qualifications of all anesthesia personnel, including physicians,
nurses, anesthetists, and all trainees, must be defined in a policy statement, job
description, or other appropriate document.
The physicians rendering care to MAl TUYET NGUYEN at PLANTATION GENERAL
HOSPITAL were not privately retained by MAI TUYET NGUYEN. See Shands
Teaching Hosp. and Clinic, Inc. v. Juliana, 863 So. 2d 343, 349 (Fla. 1st DCA
2003) (citing Hippocrates Mertsaris v. 73rd Corp.,105 A.D.2d 67, 482 N.Y.S.2d
792, 801( N.Y. 1984)). See Newbold-Ferguson v. AMISUB (North Ridge Hospital),
Inc., 85 So. 3d 502, 505 (Fla. 4th DCA 2012).
Under Section 766.110, Florida Statutes, PLANTATION GENERAL HOSPITAL had a
duty to assure the competence of their medical staff through careful selection and
review. See St. Anthony's Hosp., Inc. v. Lewis, 652 So. 2d 386, 387 (Fla. 2d
DCA1995); see also Palms West Hosp. Ltd. Partnership v. Burns, 83 So. 3d 785,
787 (Fla. 4th DCA 2011) (quoting St. Anthony's Hosp., Inc. v. Lewis), and describing
section 766.110, Florida Statutes (2009) as a provision creating a “duty to assure
competence of medical staff members”).64.
g. Under 42 C.F.R. § 482.12, PLANTATION GENERAL HOSPITAL had a duty to create
and maintain a governing body to:
(1) ensure that all services performed are provided in a safe and effective
manner. See 42 C.F.R. § 482.1 2(e);
(2) define, implement and maintain ongoing safety initiatives that address
priorities for improved quality of care and patient safety. See 42 CFR. §
482.21 (e);
(3
create and organize medical staff that operates under by laws and is
responsible for the quality of medical care provided to patients by the
hospital. See 42 C.F.R. § 482.22;
(4)
create guidelines for staff that "[i]nclude criteria for determining the
privileges to be granted to individual practitioners and a procedure for
applying the criteria to individuals requesting privileges. See 42 C.F.R. §
482.22(c)(6);
See Stewart v. Stamford Radiological Assocs. PC, No. FSTCV054006288S, 2008 WL
344610 (Jan. 22, 2008); See also Hinojosav. Perez, 214 F. Supp. 703, 705-06 (S.D. Tex.
2002);
This duty was breached by PLANTATION GENERAL HOSPITAL in the following ways:
a. Negligently failing to establish and implement adequate policies, protocols and
procedures for the admission, monitoring, evaluation, testing and referral to
medical specialists of patients presenting with hemorrhaging, fetal distress, and
signs and symptoms of abnormal amniotic fluid;
b. Negligently failing to establish and implement adequate policies, protocols and
procedures regarding the proper utilization of Misoprostol (Cytotec);
10Negligently failing to establish and implement adequate policies, protocols and
procedures with regards performing a timely C-Section on patients presenting with
hemorrhaging, fetal distress, and signs and symptoms of abnormal amniotic fluid;
Negligently failing to educate, train, and/or supervise nurses and physicians in the
appropriate recognition of fetal distress, and the proper responsive treatment for
fetal distress;
Negligently failing to educate, train, and/or supervise nurses and physicians in the
appropriate recognition of hemorrhaging, and the proper responsive treatment for
hemorrhaging;
Negligently failing to educate, train, and/or supervise nurses and physicians in the
appropriate recognition of abnormal amniotic fluid, and the proper responsible
treatment for abnormal amniotic fluid;
Negligently failing to educate, train, and/or supervise nurses and physicians in the
proper utilization of Misoprostol (Cytotec);
By negligently failing to have appropriately skilled and trained physicians and
other medical staff on duty in the delivery room and neonatal unit when MAI
TUYET NGUYEN presented with risk factors for hemorrhaging, fetal distress, and
abnormal amniotic fluid; and
By negligently failing to assure proper risk management by failing to establish
protocols in (a)-(h) above and by failing to investigate and determine whether the
physicians, nurses, ARNPs, technicians, residents, and staff members of
PLANTATION GENERAL HOSPITAL were appropriately trained, experienced, and
skilled to diagnose and treat mothers with hemorrhaging, fetal distress, abnormal
amniotic fluid, deliveries complicated by fetal distress, and post-delivery neonatal
care of an infant.
1165. As a direct and proximate result of these deviations from the standard of care by
Defendant, PLANTATION GENERAL HOSPITAL, MAIL TUYET NGUYEN and KADEN
NGUYEN were negligently evaluated and treated by BIRMAN, EDOUARD, SANTINI,
MACHAN, and RATHBUN, and the physicians, residents, nurses, technicians, and staff of
PLANTATION GENERAL HOSPITAL, and as a result MAI TUYET NGUYEN suffered a
wrongful death. The following damages are claimed pursuant to Section 768.21, Florida
Statutes:
a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and
services from the date of MAl TUYET NGUYEN’s injury to her death; future loss of
support and services; loss of companionship and protection; mental pain and
suffering; and any medical and funeral expenses paid by him. These losses are
permanent and continuing in nature, and KHAl NGUYEN will continue to suffer
these losses in the future;!
b. KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KRISTEN HUYNH will continue to suffer these losses in the future;?
c. KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
‘Cited from Florida Standard Civil Jury Instructions § 502.2(d)
*Cited from Florida Standard Civil Jury Instructions § 502.2(e).
1266.
67.
68.
pain and suffering. These losses are permanent and continuing in nature and KYLIE
NGUYEN will continue to suffer these losses in the future;?
d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KADEN NGUYEN will continue to suffer these losses in the future;4
e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date
of injury to the date of death, loss of net accumulations, and medical and funeral
expenses paid by the estate.>
As a direct and proximate result of the negligent conduct of PLANTATION GENERAL
HOSPITAL, KADEN NGUYENwas negligently evaluated and treated by BIRMAN,
EDOUARD, SANTINI, MACHAN, and RATHBUN, and the physicians, residents, nurses,
technicians, and staff of PLANTATION GENERAL HOSPITAL. As a result,;KADEN NGUYEN
suffered significant and permanent injuries to include a hypoxic brain injury.
These injuries were preventable, foreseeable, and will continue indefinitely into the future.
KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain
and suffering, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income,
*Cited from Florida Standard Civil Jury Instructions § 502.2(e).
‘Cited from Florida Standard Civil Jury Instructions § 502.2(e).
Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b).
13expense of hospitalization, and medical and nursing treatment in the past and in the
future.®
WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on
behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment
against Defendant, PLANTATION GENERAL HOSPITAL, for all compensable damages allowed by
law and further demands a trial by jury.
COUNT II: VICARIOUS LIABILITY OF PLANTATION GENERAL HOSPITAL FOR THE
NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS,
INCLUDING BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN
Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as
though fully set forth herein and further alleges the following:
69. Defendant, PLANTATION GENERAL HOSPITAL, by and through BIRMAN, EDOUARD,
SANTINI, MACHAN, RATHBUN, and the physicians, nurses and staff of PLANTATION
GENERAL HOSPITAL, had a duty to provide medical care and treatment within the
prevailing professional standards of care as accepted by reasonably prudent similar
health care providers.
70. Defendant, PLANTATION GENERAL HOSPITAL, by and through its physicians, nurses and
staff, to include but not limited to BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN
breached that duty as follows:
a. Failing to properly and timely recognize fetal distress;
b. Failing to properly and timely treat fetal distress;
c. Failing to recognize and detect a hemorrhage on the July 25, 2012 ultrasound;
d. Failing to report the presence of a hemorrhage on the July 25, 2012 ultrasound;
“Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c).
147).
p.
q.
Failing to recommend clinical correlation and/or further testing as a result of the
July 25, 2012 ultrasound;
Failing to perform a follow-up ultrasound;
Failing to respond to significant changes in MAl TUYET NGUYEN's condition;
Failing to timely identify and report a hemorrhage;
Failing to timely treat a hemorrhage;
Failing to provide timely and appropriate care and treatment to MAI TUYET
NGUYEN;
Negligently attempting to deliver KADEN NGUYEN vaginally;
Negligent use of forceps in attempting delivery of KADEN NGUYEN;
Failing to order a timely STAT C-Section;
Failing to perform at timely STAT C-Section;
Failing to order cord blood gases;
Failing to timely call a Code Blue; and
Failing to timely request and/or call for a Code Blue team.
PLANTATION GENERAL HOSPITALis vicariously liable for the negligent acts of BIRMAN,
EDOUARD, SANTINI, MACHAN, RATHBUN, and the nurses and staff of PLANTATION
GENERAL HOSPITAL, in their failure to properly diagnose, treat, monitor, and care for
MAI TUYET NGUYEN and KADEN NGUYEN.
a
Employment
The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN,
EDOUARD, SANTINI, MACHAN, and RATHBUN, were employees of PLANTATION
GENERAL HOSPITAL, as their actions were controlled by PLANTATION GENERAL
HOSPITAL or were subject to PLANTATION GENERAL HOSPITAL’sright of control,
1572.
73.
and because at all times hereto they were acting within the scope of their
employment;”
Actual Agency
. The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN,
EDOUARD, SANTINI, MACHAN, and RATHBUN,were actual agents of
PLANTATION GENERAL HOSPITAL as PLANTATION GENERAL HOSPITAL had
authorized them to act on their behalf, and because at the time and place of the
alleged incident, they were acting within the scope of their authority;®
Apparent Agency
The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN,
EDOUARD, SANTINI, MACHAN, and RATHBUN,were apparent agents of
PLANTATION GENERAL HOSPITAL, because PLANTATION GENERAL HOSPITAL,
through words and/or conduct, caused or allowed MAI TUYET NGUYEN and
KADEN NGUYEN to believe that the physicians, staff, nurses and ARNP’s, including
but not limited to, BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN,were
agents of, and had authority to act for PLANTATION GENERAL HOSPITAL.?
As a result of these legal relationships with BIRMAN, EDOQUARD, SANTINI, MACHAN, and
RATHBUN, and the nurses and staff of PLANTATION GENERAL HOSPITAL, PLANTATION
GENERAL HOSPITALis vicariously liable for their acts of negligence.
As a direct and proximate result of the negligent conduct of PLANTATION GENERAL
HOSPITAL’s employees, agents and/or apparent agents, including but not limited to
BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, MAI TUYET NGUYEN suffered a
"Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1).
SCited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
°Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
16wrongful death. The following damages are claimed pursuant to Section 768.21, Florida
Statutes:
a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and
services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of
support and services; loss of companionship and protection; mental pain and
suffering; and any medical and funeral expenses paid by him. These losses are
permanent and continuing in nature, and KHAl NGUYEN will continue to suffer
these losses in the future;!°
b. KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KRISTEN HUYNH will continue to suffer these losses in the future;'!
c. KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and KYLIE
NGUYEN will continue to suffer these losses in the future;'?
d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
"Cited from Florida Standard Civil Jury Instructions § 502.2(d)
“Cited from Florida Standard Civil Jury Instructions § 502.2(e).
“Cited from Florida Standard Civil Jury Instructions § 502.2(e).
1774.
75.
76.
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KADEN NGUYEN will continue to suffer these losses in the future;'3
e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date
of injury to the date of death, loss of net accumulations, and medical and funeral
expenses paid by the estate.!4
As a direct and proximate result of the negligent conduct of PLANTATION GENERAL
HOSPITAL’s employees, agents and/or apparent agents, including but not limited to
BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, KADEN NGUYEN suffered
significant and permanent injuries to include a hypoxic brain injury.
These injuries were preventable, foreseeable, and will continue indefinitely into the future.
KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain
and suffering, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income,
expense of hospitalization, and medical and nursing treatment in the past and in the
future.!5
WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on
behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment
against Defendant, PLANTATION GENERAL HOSPITAL, for all compensable damages allowed by
law and further demands a trial by jury.
Cited from Florida Standard Civil Jury Instructions § 502.2(e).
“Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b).
“Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c).
18COUNT III: VICARIOUS LIABILITY OF SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A.
FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS,
INCLUDING BIRMAN
Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as
though fully set forth herein and further alleges the following:
77.
78.
Defendant, SUNLIFE OB/GYN, by and through BIRMAN, and the physicians, nurses and
staff of SUNLIFE OB/GYN, had a duty to provide medical care and treatment within the
prevailing professional standards of care as accepted by reasonably prudent similar
health care providers.
Defendant, SUNLIFE OB/GYN, by and through its physicians, nurses and staff, to include
but not limited to BIRMAN, breached that duty as follows:
a.
b.
Failing to properly and timely recognize fetal distress;
Failing to properly and timely treat fetal distress;
Failing to respond to significant changes in MAl TUYET NGUYEN's condition;
Failing to timely identify and report a hemorrhage;
Failing to timely treat a hemorrhage;
Failing to provide timely and appropriate care and treatment to MAI TUYET
NGUYEN;
Negligently attempting to deliver KADEN NGUYEN vaginally;
Negligent use of forceps in attempting delivery of KADEN NGUYEN;
Failing to order a timely STAT C-Section;
Failing to perform at timely STAT C-Section;
Failing to order cord blood gases;
Failing to timely call a Code Blue; and
. Failing to timely request and/or call for a Code Blue team.
1979.
80.
81.
SUNLIFE OB/GYN is vicariously liable for the negligent acts of BIRMAN, and the nurses
and staff of SUNLIFE OB/GYN, in their failure to properly diagnose, treat, monitor, and
care for MAI TUYET NGUYEN and KADEN NGUYEN.
Employment
. The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN.,
were employees of SUNLIFE OB/GYN, as their actions were controlled by SUNLIFE
OB/GYN or were subject to SUNLIFE OB/GYN’s right of control, and because at
all times hereto they were acting within the scope of their employment;!
Actual Agency,
. The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, were
actual agents of SUNLIFE OB/GYN as SUNLIFE OB/GYN had authorized them to
act on their behalf, and because at the time and place of the alleged incident,
they were acting within the scope of their authority;'”
Apparent Agency
The physicians, staff, nurses and ARNP'’s, including but not limited to, BIRMAN, were
apparent agents of SUNLIFE OB/GYN, because SUNLIFE OB/GYN, through words
and/or conduct, caused or allowed MAI TUYET NGUYEN and KADEN NGUYEN to
believe that the physicians, staff, nurses and ARNP’s, including but not limited to,
BIRMAN, were agents of, and had authority to act for SUNLIFE OB/GYN.'®
As a result of these legal relationships with BIRMAN, and the nurses and staff of SUNLIFE
OB/GYN, SUNLIFE OB/GYN is vicariously liable for their acts of negligence.
As a direct and proximate result of the negligent conduct of SUNLIFE OB/GYN’s
employees, agents and/or apparent agents, including but not limited to BIRMAN, MAI
* Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1).
“Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
"Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
20TUYET NGUYEN suffered a wrongful death. The following damages are claimed pursuant
to Section 768.21, Florida Statutes:
a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and
services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of
support and services; loss of companionship and protection; mental pain and
suffering; and any medical and funeral expenses paid by him. These losses are
permanent and continuing in nature, and KHAl NGUYEN will continue to suffer
these losses in the future;!?
b. KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KRISTEN HUYNH will continue to suffer these losses in the future;2°
c. KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and KYLIE
NGUYEN will continue to suffer these losses in the future;?!
d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
‘Cited from Florida Standard Civil Jury Instructions § 502.2(d)
Cited from Florida Standard Civil Jury Instructions § 502.2(e).
"Cited from Florida Standard Civil Jury Instructions § 502.2(e).
2182.
83.
84.
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KADEN NGUYEN will continue to suffer these losses in the future;?2
e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date
of injury to the date of death, loss of net accumulations, and medical and funeral
expenses paid by the estate.?3
As a direct and proximate result of the negligent conduct of SUNLIFE OB/GYN‘s
employees, agents and/or apparent agents, including but not limited to BIRMAN, KADEN
NGUYEN suffered significant and permanent injuries to include a hypoxic brain injury.
These injuries were preventable, foreseeable, and will continue indefinitely into the future.
KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain
and suffering, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income,
expense of hospitalization, and medical and nursing treatment in the past and in the
future.24
WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on
behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment
against Defendant, SUNLIFE OB/GYN, for all compensable damages allowed by law and further
demands a trial by jury.
COUNT IV: VICARIOUS LIABILITY OF GEORGES EDOUARD, M.D., P.A. d/b/a PLANTATION
PAVILION OB/GYN FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT
AGENTS, INCLUDING EDOUARD
Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as
Cited from Florida Standard Civil Jury Instructions § 502.2(e).
Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b).
Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c).
22though fully set forth herein and further alleges the following:
85.
86.
Defendant, PLANTATION PAVILION OB/GYN, by and through EDOUARD, and the
physicians, nurses and staff of PLANTATION PAVILION OB/GYN, had a duty to provide
medical care and treatment within the prevailing professional standards of care as
accepted by reasonably prudent similar health care providers.
Defendant, PLANTATION PAVILION OB/GYN, by and through its physicians, nurses and
staff, to include but not limited to EDOUARD, breached that duty as follows:
a.
b.
Failing to provide adequate pre-natal care and treatment;
Failing to properly and timely recognize fetal distress;
Failing to properly and timely treat fetal distress;
Failing to respond to significant changes in MAI TUYET NGUYEN's condition;
Failing to timely respond to calls to come to MAI TUYET NGUYEN's bedside;
Failing to timely identify and report a hemorrhage;
Failing to timely treat a hemorrhage;
Failing to provide timely and appropriate care and treatment to MAI TUYET
NGUYEN;
Negligently attempting to deliver KADEN NGUYEN vaginally;
Negligent use of forceps in attempting delivery of KADEN NGUYEN;
Negligently ordered Cytotec;
Failing to inform and/or warn MAI TUYET NGUYEN of the risks associated with use
of Cytotec as an inducing agent;
. Failing to order cord blood gases;
Failing to order a timely STAT C-Section;
Failing to perform at timely STAT C-Section;
Failing to timely call a Code Blue; and
23q. Failing to timely request and/or call for a Code Blue team.
87. PLANTATION PAVILION OB/GYN is vicariously liable for the negligent acts of EDOUARD,
and the nurses and staff of PLANTATION PAVILION OB/GYN, in their failure to properly
diagnose, treat, monitor, and care for MAl TUYET NGUYEN and KADEN NGUYEN.
Employment
a. The physicians, staff, nurses and ARNP’s, including but not limited to, EDOUARD,
were employees of PLANTATION PAVILION OB/GYN as their actions were
controlled by PLANTATION PAVILION OB/GYN or were subject to PLANTATION
PAVILION OB/GYN’s right of control, and because at all times hereto they were
acting within the scope of their employment;5
Actual Agency,
b. The physicians, staff, nurses and ARNP’s, including but not limited to, EDOUARD,
were actual agents of PLANTATION PAVILION OB/GYN as PLANTATION
PAVILION OB/GYN had authorized them to act on their behalf, and because at
the time and place of the alleged incident, they were acting within the scope of
their authority;26
Apparent Agency
¢. The physicians, staff, nurses and ARNP’s, including but not limited to, EDOUARD,
were apparent agents of PLANTATION PAVILION OB/GYN because
PLANTATION PAVILION OB/GYN, through words and/or conduct, caused or
allowed MAI TUYET NGUYEN and KADEN NGUYEN to believe that the physicians,
Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1).
“Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
2488.
89.
staff, nurses and ARNP’s, including but not limited to, EDOUARD, were agents of,
and had authority to act for PLANTATION PAVILION OB/GYN.27
As a result of these legal relationships with EDOUARD, and the nurses and staff of
PLANTATION PAVILION OB/GYN, PLANTATION PAVILION OB/GYN is vicariously liable
for their acts of negligence.
As a direct and proximate result of the negligent conduct of PLANTATION PAVILION
OB/GYN’s employees, agents and/or apparent agents, including but not limited to
EDOUARD, MAI TUYET NGUYEN suffered a wrongful death. The following damages are
claimed pursuant to Section 768.21, Florida Statutes:
a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and
services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of
support and services; loss of companionship and protection; mental pain and
suffering; and any medical and funeral expenses paid by him. These losses are
permanent and continuing in nature, and KHAl NGUYEN will continue to suffer
these losses in the future;8
KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN's injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KRISTEN HUYNH will continue to suffer these losses in the future;?
KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
"Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
*8Cited from Florida Standard Civil Jury Instructions § 502.2(d)
Cited from Florida Standard Civil Jury Instructions § 502.2(e).
2590.
91.
92.
from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and KYLIE
NGUYEN will continue to suffer these losses in the future;3°
d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KADEN NGUYEN will continue to suffer these losses in the future;3!
e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date
of injury to the date of death, loss of net accumulations, and medical and funeral
expenses paid by the estate.32
As a direct and proximate result of the negligent conduct of PLANTATION PAVILION
OB/GYN‘s employees, agents and/or apparent agents, including but not limited to
EDOUARD, KADEN NGUYEN suffered significant and permanent injuries to include a
hypoxic brain injury.
These injuries were preventable, foreseeable, and will continue indefinitely into the future.
KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain
and suffering, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income,
Cited from Florida Standard Civil Jury Instructions § 502.2(e).
*'Cited from Florida Standard Civil Jury Instructions § 502.2(e).
*°Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b).
26expense of hospitalization, and medical and nursing treatment in the past and in the
future.2>
WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on
behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment
against Defendant, PLANTATION PAVILION OB/GYN, for all compensable damages allowed by
law and further demands a trial by jury.
COUNT V: VICARIOUS LIABILITY OF FLORIDA UNITED RADIOLOGY FOR THE NEGLIGENCE
OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS,
INCLUDING SANTINI
Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as
though fully set forth herein and further alleges the following:
93. Defendant, FLORIDA UNITED RADIOLOGY, by and through SANTINI, and the physicians,
nurses and staff of FLORIDA UNITED RADIOLOGY, had a duty to provide medical care
and treatment within the prevailing professional standards of care as accepted by
reasonably prudent similar health care providers.
94. Defendant, FLORIDA UNITED RADIOLOGY, by and through its physicians, nurses and staff,
to include but not limited to SANTINI, breached that duty as follows:
a.
b.
Failing to provide timely and appropriate pre-delivery care and treatment;
Failing to recognize and detect a hemorrhage on the July 25, 2012 ultrasound;
Failing to report the presence of a hemorrhage on the July 25, 2012 ultrasound;
Failing to recommend clinical correlation and/or further testing as a result of the
July 25, 2012 ultrasound;
Failing to perform a follow-up ultrasound;
Negligently failing to properly and timely recognize fetal distress;
Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c).
2795.
Negligently failing to respond to significant changes in the condition of MAI TUYET
NGUYEN;
Failing to timely identify and report a hemorrhage; and
Failing to timely treat a hemorrhage.
FLORIDA UNITED RADIOLOGY is vicariously liable for the negligent acts of SANTINI, and
the nurses and staff of FLORIDA UNITED RADIOLOGY, in their failure to properly
diagnose, treat, monitor, and care for MAI TUYET NGUYEN and KADEN NGUYEN.
Employment
a. The physicians, staff, nurses and ARNP’s, including but not limited to, SANTINI, were
employees of FLORIDA UNITED RADIOLOGY, as their actions were controlled by
FLORIDA UNITED RADIOLOGY or were subject to FLORIDA UNITED
RADIOLOGY'sright of control, and because at all times hereto they were acting
within the scope of their employment;34
Actual Agency,
The physicians, staff, nurses and ARNP’s, including but not limited to, SANTINI,were
actual agents of FLORIDA UNITED RADIOLOGY as FLORIDA UNITED RADIOLOGY
had authorized them to act on their behalf, and because at the time and place of
the alleged incident, they were acting within the scope of their authority;35
Apparent Agency
The physicians, staff, nurses and ARNP’s, including but not limited to, SANTINI,were
apparent agents of FLORIDA UNITED RADIOLOGY, because FLORIDA UNITED
RADIOLOGY, through words and/or conduct, caused or allowed MAI TUYET
NGUYEN and KADEN NGUYEN to believe that the physicians, staff, nurses and
“Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1).
* Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
2896.
97.
ARNP’s, including but not limited to, SANTINI,were agents of, and had authority to
act for FLORIDA UNITED RADIOLOGY.?¢
As a result of these legal relationships with SANTINI, and the nurses and staff of FLORIDA
UNITED RADIOLOGY, FLORIDA UNITED RADIOLOGYVis vicariously liable for their acts of
negligence.
As a direct and proximate result of the negligent conduct of FLORIDA UNITED
RADIOLOGY’s employees, agents and/or apparent agents, including but not limited to
SANTINI, MAL TUYET NGUYEN suffered a wrongful death. The following damages are
claimed pursuant to Section 768.21, Florida Statutes:
a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and
services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of
support and services; loss of companionship and protection; mental pain and
suffering; and any medical and funeral expenses paid by him. These losses are
permanent and continuing in nature, and KHAl NGUYEN will continue to suffer
these losses in the future;37
KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KRISTEN HUYNH will continue to suffer these losses in the future;38
KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
*Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2).
*’Cited from Florida Standard Civil Jury Instructions § 502.2(d)
Cited from Florida Standard Civil Jury Instructions § 502.2(e).
2998.
99.
100.
from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and KYLIE
NGUYEN will continue to suffer these losses in the future;??
d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI
NGUYEN, as personal representative of the estate, claims lost support and services
from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support
and services; loss of parental companionship, instruction and guidance; and mental
pain and suffering. These losses are permanent and continuing in nature and
KADEN NGUYEN will continue to suffer these losses in the future;4°
e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date
of injury to the date of death, loss of net accumulations, and medical and funeral
expenses paid by the estate.4!
As a direct and proximate result of the negligent conduct of FLORIDA UNITED
RADIOLOGY’s employees, agents and/or apparent