Preview
4 Mo
Donna Beaver AKA Donna Gable
1111 Railroad Avenue #69 E= ea ot gations t
Yuba City, CA 95991
(530) 519-8090
Leaveittwobeaver@yahoo.com MAR U5 2018 E
In Pro Per c
jeput:
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
10 DONNA BEAVER AKA DONNA GABLE, ) Case No: 18CV00438
11 an individual. )
12
Plaintiff )
) FIRST AMENDED COMPLAINT
13 VS.
14 FOR MEDICAL MALPRACTICE
STEPHEN D. FORNER, M.D.
15
MEDICAL CORPORATION;
16 DR. STEPHEN D. FORNER, an individual
17 and DOES 1 THROUGH 25, Inclusive DEMAND FOR JURY TRIAL
Defendants.
18
19
20
1 Defendant Dr. Stephen D. Forner, M.D. is a board certified Neurologist and is
21
licensed to practice in California. Defendant is currently practicing in Truckee, California and
22 is affiliated with Enloe Medical Center, Tahoe Forest Hospital District, and Incline Village
23 Community Hospital. At the time of the alleged malpractice, Dr. Stephen Forner was
practicing in Chico, California and Plaintiff was living in Chico, California. Plaintiff currentl
24
lives in Yuba City, California.
25
26 CLAIM FOR RELIEF
27
2. Plaintiff alleges and incorporates herein by reference all of the allegations contained
28 in paragraphs 1 through 23 as though fully set forth
-1-
First Amended Complaint
Donna Beaver AKA Donna Gable
1111 Railroad Avenue #69
Yuba City, CA 95991
(530) 519-8090
Leaveittwobeaver@yahoo.com
In Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF BUTTE
10 DONNA BEAVER AKA DONNA GABLE, ) Case No: 18CV00438
11 an individual, )
12
Plaintiff )
) FIRST AMENDED COMPLAINT
13 VS.
14 FOR MEDICAL MALPRACTICE
STEPHEN D. FORNER, M.D.,
15
MEDICAL CORPORATION;
16 DR. STEPHEN D. FORNER, an individual
17 and DOES 1 THROUGH 25, Inclusive DEMAND FOR JURY TRIAL
Defendants.
18
19
20
1 Defendant Dr. Stephen D. Forner, M.D. is a board certified Neurologist and is
21
licensed to practice in California. Defendant is currently practicing in Truckee, California and
22 is affiliated with Enloe Medical Center, Tahoe Forest Hospital District, and Incline Village
23 Community Hospital. At the time of the alleged malpractice, Dr. Stephen Forner was
practicing in Chico, California and Plaintiff was living in Chico, California. Plaintiff current
24
lives in Yuba City, California.
25
26 CLAIM FOR RELIEF
27
2.Plaintiff alleges and incorporates herein by reference all of the allegations contained
28 in paragraphs 1 through 23 as though fully set forth.
-l-
First Amended Complaint
1 3. On or about November, 2000, Plaintiff, Donna Beaver AKA Donna Gable presented
to Defendant, Dr. Stephen D. Forner at his office in Chico, CA with symptoms of double
vision (diplopia) and paralysis on one side of her face. Plaintiff consulted with Defendant for
the purpose of obtaining diagnosis, care, treatment, prescribe for, administering various drugs
and medications and performing certain diagnostic tests, and said Defendant did examine,
treat, prescribe and care for her by means of various procedures, including but not limited to
physical examinations, and the administration of certain drugs and medications, all for
compensation.
4. Defendant ordered blood tests, MRI, and CT scan. Defendant did not inform Plaintiff
of the test results, so she presumed they were unremarkable.
5 A few days later, Defendant ordered a Tensilon Test and Plaintiff was admitted as an
outpatient of Enloe Hospital. Plaintiff was dressed in the hospital gown and administered the
10 fluid for the test intravenously. The test took approximately five minutes. From Defendant's
11 subjective observation he noted, "Marked improvement in diplopia and EOM's" and therefore,
diagnosed Plaintiff with Myasthenia Gravis and prescribed Mestinon. (Exhibit A)
12
6 Plaintiff had numerous follow-up appointments with Defendant where he adjusted
13
the medication dosage and checked her symptoms. Plaintiff took Mestinon as prescribed
14 all the while complaining it was causing severe muscle cramping and she couldn't sleep at
night. Defendant told her it was necessary for her to stay on it for myasthenia gravis. After
15
approximately two years, Plaintiff went off the medication. Defendant was clearly angry with
16 her decision, but offered no other medication alternative.
17 7. Plaintiff regularly told Defendant she had pain in her legs and groin area. Defendant
told Plaintiff, "If you have pain it's not myasthenia gravis and you need to see a doctor."
18
Plaintiff replied, "But you are a doctor." Defendant responded, "You need to see your primary
19 care doctor."
20 8. Therefore, Plaintiff went to her primary care doctor who did a complete workup of her
symptoms by means of leg lifts, squats, checked her spine, etc. He told Plaintiff there was
21
nothing he could do for her because her symptoms were neurological and that she needed to
22 go back to her Neurologist, which is what she did.
23 9. In June, 2005, nearly five years after Defendant diagnosed Plaintiff with myasthenia
gravis and prescribed Mestinon, Defendant ordered blood tests and did an EMG test. Plaintiff
24
did not know what the tests were for and no follow-up appointment was scheduled, which is
25 standard procedure for physicians. Defendant offered no new remedies or medication to
26 address the pain in Plaintiff's legs and groin area therefore, Plaintiff continued trying to
manage with Defendant's diagnosis of myasthenia gravis.
27
10. In or around 2017, Plaintiff began having symptoms of dizziness, balance issues,
28 staggering, shooting pain in her limbs, tingling in her left fingers, bladder leakage. Plaintiff
-2-
First Amended Complaint
started feeling more exhausted and was no longer able to work her 40 hour schedule
cashiering at Walmart.
li. In July, 2017, Plaintiff phoned Defendant Dr. Stephen Forner's office in Chico only
to find out he relocated to Truckee. Plaintiff phoned his office in Truckee to schedule an
appointment and was told that even though she is a patient of his from Chico, he is only
seeing patients in the Truckee area. Plaintiff was concerned as to why a physician that had
a practice in Chico for many years refused to see his patient from Chico. After all, he was
advertising on line that he was accepting new patients and Plaintiff was willing to drive to
Truckee to continue seeing her established Neurologist. Therefore, in July, 2017, Plaintiff
made an appointment with a new primary care physician and was referred to a Neurologist
in her current town of Yuba City, CA.
12. In August, 2017 Plaintiff had her first appointment with the Neurologist and during
10
the intake Plaintiff informed him that back in 2000 she was diagnosed with myasthenia
11 gravis. He asked her if she had the medical records, which Plaintiff informed him she did not.
12
The Neurologist placed an order for Plaintiff to have blood tests.
13. The following week the Neurologist phoned Plaintiff and informed her the blood
13
tests that he ordered to confirm her diagnosis of myasthenia gravis were negative. He told
14 Plaintiff she did not have myasthenia gravis and that further testing was necessary. He then
15
told Plaintiff he was going to ordered a MRI of her brain and spine, along with a lumbar
puncture (spinal tap), and more blood tests.
16 14, Plaintiff followed through with all the diagnostic testing her new Neurologist
17 ordered. During Plaintiff's follow-up appointment, the Neurologist showed her the MRI of
her spine, which had an 8mm lesion on it. He printed the results of the spinal tap, which
18
showed 12 Oligoclonal Bands (4 or more is a positive result for multiple sclerosis). The brain
19
MRI showed no lesions and the blood tests ruled out all other diseases. He explained to
20 Plaintiff that the lesion on her spine and spinal tap confirmed multiple sclerosis. (Exhibit B)
21
He shook his head and stated, "I'm appalled at your diagnosis of myasthenia gravis."
15, On or around October, 2017, Plaintiff contacted Enloe Medical Records to get
22
copies of her test results from Defendant's diagnosis of myasthenia gravis. Unbeknownst to
23 her, the exact same blood test that her new Neurologist ordered was also ordered by
Defendant back in 2005, five years after he already made his diagnosis of myasthenia gravis
24
and prescribed Mestinon. The blood test is called an Acetylcholine Receptor Antibody Panel
25
(AChR). This test is ordered specifically to diagnose myasthenia gravis. The AChR test that
26 both Neurologist ordered had negative results for Myasthenia Gravis. (Exhibit C)
16. Plaintiff contacted Athena Lab to receive a copy of the MuSK Antibody blood test
27
which Defendant also ordered. This test is considered to be a "second opinion" blood test.
28 The same test was ordered by Plaintiff's new Neurologist. The MuSK Antibody test, ordered
-3-
First Amended Complaint
by both Neurologist, came back negative for myasthenia gravis. (Exhibit C)
17. Once these blood tests came back negative, Plaintiff's new Neurologist informed her
of such and pursued further diagnostic testing, such as a MRI of the brain and spine, a lumbar
puncture, and more blood tests. Even though the AChR and MuSK Antibody test Defendant
ordered in June, 2005 were negative for myasthenia gravis, along with Plaintiff complaining
of leg and groin pain, Defendant never informed Plaintiff of the negative test results or pursue
further diagnostic tests, such as a spinal tap.
18. This was a critical point in Plaintiff's treatment. A reasonable doctor would have
gone to all means necessary to contact the patient and continue further testing. Defendant's
intentional concealment of negative test results denied Plaintiff treatment of which could
have been tailored to treat the disease and slow the progression. Plaintiff was left believing
she had myasthenia gravis when in fact multiple sclerosis was progressing for seventeen years
10 without treatment.
11 19, As a direct and proximate result of Defendant intentionally concealing negative test
results and abandoning Plaintiff, Plaintiff has suffered loss of gainful employment, wage loss
12
past and future, medical expenses past and future, pain and suffering and limited physical
13 activity.
14 20. Defendant negligently failed to order a lumbar puncture as part of his differential
diagnostic testing that other physicians in his field would have ordered. If Defendant's
15
diagnosis was based on factual tests and not subjective observation, then an accurate and
16
timely diagnosis would have been made. As a direct and proximate result of Defendant failing
17 to exercise the degree of care or medical skill that another physician in the same specialty
would have used in an equal situation, Plaintiff has suffered loss of gainful employment, wage
18
loss past and future, medical expenses past and future, pain and suffering, and limited physical
19 activity.
20 21, Plaintiff was under Defendant's care for nearly five years and yet he failed
to act on signs and symptoms of a disease he is suppose to be an expert at. Defendant
21
remained resolute with his diagnosis of myasthenia gravis. A critical window of time has
22 closed for treatment and since this disease has a focal point on the spine, the prognosis could
23 be dire, of which is paralysis or becoming a quadriplegic. Plaintiff's new Neurologist stated,
“We must put you on medication immediately. We don't have much time."
24
22. As a direct and proximate result of Defendant negligently wrongly diagnosing
25 Plaintiff, Plaintiff has gone untreated for seventeen years with progressive multiple sclerosis
26 and has suffered loss of gainful employment, wage loss past and future, medical expenses past
and future, pain and suffering, and limited physical activity.
27
23. Defendant negligently failed to adhere to the standards of his profession by wrongly
28 diagnosing Plaintiff, prescribing wrong medication, failure to order proper tests, failure to act
-4.
First Amended Complaint
‘
i
on signs and symptoms, intentional concealment of negative test results, and abandoning
Plaintiff. Defendant's breach of that duty of care has directly resulted in Plaintiff suffering
loss of gainful employment, loss wages past and future, medical expenses past and future,
pain and suffering, and limited physical activity.
WHEREFORE, Plaintiff prays for judgment against Defendant as herein set forth:
For Compensatory Damages against Defendant in an amount to be proven at trial.
For General Damages against Defendant in an amount no less than $250,000.
For Special Damages against Defendant to be proven at trial.
For reasonable fees incurred for this lawsuit to the extent available by law.
For such other and further relief as the Court may deem just and proper.
10
11 DEMAND FOR A JURY TRIAL
12
Plaintiff hereby demands trial by jury on all issues triable by jury.
1
14
15 DATED: March 5, 2018 wt rence. Late
Donna Beaver AKA Donna Gable
16
17
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20
21
22
23
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25
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-5-
First Amended Complaint
ADMISSION / REGISTRATION RECORE
{A ENLOE
WAY
ACCOUNT # "ADMISSION DATE / TIME AC SEX | MS] RACE] SERVICE Pr Fe BIRTHOATE REE "ADVANCE DRECINE ‘UNIT NUMBER
00318-0026311/15/00 0628 F|D 1| MED EOS | CO| 05/08/60 40Y NO 396276
NAME AND ADDRESS ‘SOCIAL SECURITY NUMBER ‘PREVIOUS ADMIT NAME DATE
GABLE, DONNA L 571-35-8090 GABLE, DONNA 05/07/00
1661 FOREST AVE APT 56 ‘ADMITTING PHYSICIAN ‘ATTENDING PHYSICIAN
ie CHICO CA 95928
(530) 894-0646 FORNER, STEPHEN D FORNER, STEPHEN D
frady EMPLOVER NAME & ADDRESS PRACTITIONER [ADM SOURCE ‘CLERK
XW UNITED HEALTH CARE 1 WPW
Ra 2080 E 20TH STREET PRIMARY GARE PHYSICIAN REFERRING PHYSICIAN
CHICO CA 95928
LTAMS , RANDALL
‘OCCUPATION "ADMIT TYPE ‘DENOM LOCATION ROOM & BED
ELECTIVE NO GI -
DATA. ENTRY
NAME AND ADDRESS EMPLOYER NAME AND ADDRESS
he GABLE, DONNA L UNITED HEALTH CARE
1661 FOREST AVE APT 56 (530) 894-0646] 2080 E 20TH STREET (530) 879-8031
CHTCO CA 95928 CHICO CA_ 95928
INSURANCE 1 & 2 INSURANCE 3 & 4
UNITED HEALTHCARE (16905 1
PO BOX 740800
ATLANTA GA 30374-0800
GABLE, DONNA L
168504 57135809001
i NOT REQ
RELATIVE T DIAGNOSIS 7 COMPLAINT
GABLE , LARRY (530) 892-1051 368.2-DIPLOPIA
FRIEND
‘ACCIDENT WORK DATE TIME DETANLS
APC, ais
NO (368,25
PRIMARY DIAGNOSIS (cove
358,0
JOTHER DIAGNOSIS: S68.a
Gr)
| COMPLICATIONS
PRIMARY SURGICAL PROCEDURE COE
43,0)
JOTHER SURGICAL PROCEDURE
INON-OPERATIIVE PROCEDURE qamacreeny
(95897)
FASMB | PRO. CODER FINAL
CONSULTANTS LOWES We
UNIT RUMBER
DISCHARGE DATE
396276 GABLE, DONNA L FORNER, STEPHEN D
/ /-/%ABT.
Physician's Signature O UPDATED Initiots
88532400 3/98
IMU TIAN ENL
a atesns NURSING ADMISSIC ASSESSMENT
\
Arrival Time Name Phone # Ride’ Home fires ONc
Primary / Referring Physician R.woillianws VEL. Le Considerations
NPO Since mv Allergies (food / drugs)
Discharge Planning/Social Services/Nutritional Assess Referral Needed __9 No Q Yes Action Taken
DOs nS G" wit Og TPR. BP.
1d
Date PAT TPR. BP. Sp0,
Chief Complaint/Symptoms Maen ut Lost Take
Surgical Hx
Medical Hx
Glaucoma
Abdomen Soft/flat Y i - {LBM
Anesthesia Self
Probelms Family Non Tender TPIS
Bowel Sounds present |( Y_}..N?
Lungs Clear
Resp Untabored Y, Liver Disease
Change in bowel habits
Cough
Smoker Nutrition risk factors YIN
Comments Comments
Diabetes: a
Skin Warm. Pink« Dry. {-Y
Hypertension
Bleeding Tendencie:
Angina Comments,
Edema
Skin intact
Pulses (if applicable) Abnormal Void
Comments UTI Symptoms
Alert Y Kidney Problems
Oriented Y Comments LMI ~t
7 Injury / Fx
Moves ali extremities |{ Y
Sensation intact Assistive Devices
Speech-Clear Y Comments
Neuro Checks (it apaiicotte) Calm
Comments Support Systems Y
Pain Comments
Location Intensity lqig)- 10 Geverey
anes
s
th
a 60 ny
bi
Signatu ite
a
Signature Date
ENLOE
SHORT FORM HISTORY & PHYSICAL
CHIEF COMPLAINT / HISTORY OF PRESENT ILLNESS: Dralop. ok
PAST MEDICAL HISTORY:
'@ QHeart Disease QLung Disease ODiohetes O Hypertension a Stroke O Bleeding Tendencies Q Vatvular Heort Olssase
Other
AS
OR OPERATION:
ione O.CABG or Valvular Heart Surgery Q Pulmonary Resection QPacemaker G Prosthetic Joint @ Cranlotomy
ther
JEDICATIONS: -
lone. OAs} Ww a” Q Warfarin (Coumadin) Q Dipyridamole (Persantine) NSAID Q Cortisone
her
ALLERGIES: KA
SOCIAL HISTORY: © Smoker Byven Smoker QOrug Use Q Alcohol Use
Q Other
VITAL SIGNS: Blood Pressure / P R T
Heart: mal Q Abnormal
lungs: Normat @ Abnormat
Abdomen: Normal © Abnormal
DIAGNOSIS: Deglopa
‘OR NO ~ANE! E OGIS TI N ASA PHYSICAL STATUS CLASSIFICATIONS
Please check the appropriate asa classification
PLANNED mone ID ANDICATIONS:. For amergency operations add the letter£ before classification,
ASAT A nonnat healthy patient.
HALLS DLA! QMSA 2 A patient with a mild systemic disease, (eg. mlid
diabetes, controlled hypertension, anemia,
chronic bronchitls, or morbid obesity).
QASA3 A patient with a severe systemic disease that
{Imits activity (angina, obstructive pulmonary
disease, or myocardial infarction).
QASAS A Patient with an Incapacitating disease that iss
constant threat to fife, (heart failure, renat
failure).
DASAS A moribund patient not expected to survive 24
hours (ruptured aneurysm, head trauma with
increasing intracranial pressure).
Q Needs, risks, and alternatives of blood and blood
Products have been explained and patient demonstrates
understanding.
Q Not Applicable
INFORMED CONSENT FOR PROCEDURE:
Procedure(s) risks, benefits, and.alternatives have been
explained and patient demonstrates understanding.
ae EO oy
UW 1/8. ick
Physician Signgture Date
2/98
SEDATION / ANALGESIA DOCe~’ NTATION RECORD IMAM AM ENLOE
i cay EFS
Date \
\ AG
Procedure Done: QRM"boo QxXRay Oother B-Su He
Joie
Procedure Mode of nhc ration ib. QW/C QO Guerney
Physician Q Inpatient
Start Time Patient Position
Allergies Procedure Equipment
9)
Zon
Admit/ Pre
Procedi Procedure.
Normal 0 - Unable to lift head or move extremities voluntarily or on
Q Pale Time. command
Q 1 - HOBt - moving spontaneously, needs assistance
O Motst BP
- 2 - Pre-procedure baseline with minimal assistance
Ny 10 HR
Eupnea Awake, Alert,
Shallow
D Rapid
Oriented x3
Q Other
RR (0- Not responding or responding only to painful stimu
Q Lobored (See Comments) Temp 1 - Responds to verbal stimuli but drifts to sleep eosily
2 Retuin to pre:procedure baseline
ve) $a0, =a
¢
Amt. Cardiac
“Oa
Monitor 0 - SBP +50 mm Hg. of baseline
Site/Size anc 1 - SBP
+ 20-50 mm Hg. of baseline’
OMask Act. 2 - SBP + 20 mm Hg. of baseline
‘Solu.
les
CONRB
Q Cons.
Time Circ, 0- Apnelc
Applied: 1 - Dyspnea or limited breathing shallow
Ottier Resp: 2. Able to deep breath and-cough freely
De'a:
Total Total Score of 7 (orretum to baseline level of care) post procedure.
om
Si
+e) ~ .
ae
8)
Ww
RN TO REPORT THE FOLLOWING TO *Patient's with Sa0, < 90% for greater than 3 minutes.
NURSE MANAGER FOR CHART REVIEW: *Patient's requiring endotracheal intubation.
«Patient's requiring the use of reversal agents.
Signature (eed —____
Signature Fi v
Signature
36003400 3/98
Wy WANE a Jf) a
Bil
Signature Signature ‘sioncre
Tie HR ™ 3
BP
waa
H ee --H--. ig
~~.
3B 11s 928 161
73 108 138 a 188
72 160 198 73 a4
44 --s
TS tes 74 38
6g 19a 122 7a 36
feats
tae
MONITOR STRIP MOUNT
MONITOR STRIP MOUNT
Endoscopic Procedure Scheduled QEGD Q Colonoscopy Q Other
Prep Completed as ordered by MD Q Yes QNo Enemas Q Yes QNo
Results of Prep (as described by patient) Q Clear Q Flecks of Stool Passing Stool on Arrival
CONSENT SIGNED 0 Yes ONo Initials ALLERGIES CHECKED QO Yes Q No Initials
a a Re
Sa i 2
—e
ion. siti iv STARTED_ tit - 6 o of attempts
Ohard
=
Dentures Site. Size x )
Solution w/ Rate c SLL av KO
Glasses
Started by Lido Yes Q No Q Refused
Hearing Aid
Comments
Rings
usted E ccm “~y
Jewelry
Money/Checkbook
Wallet/Purse
EDUCATIONAL NEEDS
Estimated level of understanding
Previous knowledge of procedure
ef SSESSMENT
Good
Yes
OFair
QNo
O Poor
COMMENTS
Medications
ort a
Mia yeeiiccibameme ise eis
Mascara Removed Q Yes QNo None
aay oe uf
cake Hairpins Removed Yes QNo QNone
History &.Physical On Chart Q Yes QNo
Underwear Removed Q Yes QNo QNone
Labs Ordered QO Yes QNo Contact Lens Removed Q Yes QNo Q None
Pre op Teaching Done QO Yes QNo Dentures Removed Q Yes QNo Q None
O Full Upper Q Partial Upper
Patient Voided Pre op Q Yes QNo _ OFull Lower Q Partial Lower
Pre Surgical Prep Done Q Yes QNo Isolation
Prostheses (location ) OYes QNo Comments
SURGICAL CONSENT SIGNED Q Yes QNo
Sterilization Consent Signed QO Yes QNo
ALLERGIES CHECKED Q Yes -ONo
List Allergies
Patient Identification #:
To OR via Time
MD Called Here
== =
2 gi
Pre op Signature OR Signature
AN BNLOE
ES ROShe si
PROGRESS NOTES
—
Date
c
2
7
$6006655 2/99
1-800-533-1710
MAYO CLINIC t MSP2
Mayo Medical Laboratories
Multiple Sclerosis (MS) Profile
Patient1D Patient Name Birth Date Gender Age
61870519 BEAVER, DONNA 1960-05-08 F 7
Order Number” Client Order Number Ordering Physic Report Notes
M139902263 1131697 EDULJEE, ARISH
- seen
‘Account Information Collected
67029488 Sutter Med Foundation-Clin Lab 12 Sep 201 13:40
/ Multiple Sclerosis Profile
MOR
CSF Bands AIGA CSF Olig Bands Interpretation
Reference Value
' 12 bands 11 bands <
The oligopional band assay detected 4 or more unique IgG
bands in the CSF, This is a positive result.
CSF is used in the diagnosis of MS by identiying increased
intrathecal IgG synthesis qualitatively (Oligoclonal Bands) or
quantitatively (IgG index or IgG synthesis rate, CSF). Oligoclonat
bands (4 pr more CSF-specific bands) and/or an elevated CSF
IgG index are detected in up to 90% of patients with MS. These
findings, however, are not specific for MS as CSF-specific IgG
synthesis|may also be found in patients with other neurologic
diseases |ncluding infectious, inflammatory, cerebrovascular, and
Paraneopjastic disorders.
t
cance ee et
AAC!
;
' Serum Bands
1 bands
ee pen oe lene ee en
nnn ee
1 IgG Index, CSF McK {gG/Albumin, CSF MCR
Ay 145 Reference Value
0.29 Reference Value
0.85 0.21
* 196,
Preview
4 Mo Donna Beaver AKA Donna Gable 1111 Railroad Avenue #69 E= ea ot gations t Yuba City, CA 95991 (530) 519-8090 Leaveittwobeaver@yahoo.com MAR U5 2018 E In Pro Per c jeput: SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 DONNA BEAVER AKA DONNA GABLE, ) Case No: 18CV00438 11 an individual. ) 12 Plaintiff ) ) FIRST AMENDED COMPLAINT 13 VS. 14 FOR MEDICAL MALPRACTICE STEPHEN D. FORNER, M.D. 15 MEDICAL CORPORATION; 16 DR. STEPHEN D. FORNER, an individual 17 and DOES 1 THROUGH 25, Inclusive DEMAND FOR JURY TRIAL Defendants. 18 19 20 1 Defendant Dr. Stephen D. Forner, M.D. is a board certified Neurologist and is 21 licensed to practice in California. Defendant is currently practicing in Truckee, California and 22 is affiliated with Enloe Medical Center, Tahoe Forest Hospital District, and Incline Village 23 Community Hospital. At the time of the alleged malpractice, Dr. Stephen Forner was practicing in Chico, California and Plaintiff was living in Chico, California. Plaintiff currentl 24 lives in Yuba City, California. 25 26 CLAIM FOR RELIEF 27 2. Plaintiff alleges and incorporates herein by reference all of the allegations contained 28 in paragraphs 1 through 23 as though fully set forth -1- First Amended Complaint Donna Beaver AKA Donna Gable 1111 Railroad Avenue #69 Yuba City, CA 95991 (530) 519-8090 Leaveittwobeaver@yahoo.com In Pro Per SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 DONNA BEAVER AKA DONNA GABLE, ) Case No: 18CV00438 11 an individual, ) 12 Plaintiff ) ) FIRST AMENDED COMPLAINT 13 VS. 14 FOR MEDICAL MALPRACTICE STEPHEN D. FORNER, M.D., 15 MEDICAL CORPORATION; 16 DR. STEPHEN D. FORNER, an individual 17 and DOES 1 THROUGH 25, Inclusive DEMAND FOR JURY TRIAL Defendants. 18 19 20 1 Defendant Dr. Stephen D. Forner, M.D. is a board certified Neurologist and is 21 licensed to practice in California. Defendant is currently practicing in Truckee, California and 22 is affiliated with Enloe Medical Center, Tahoe Forest Hospital District, and Incline Village 23 Community Hospital. At the time of the alleged malpractice, Dr. Stephen Forner was practicing in Chico, California and Plaintiff was living in Chico, California. Plaintiff current 24 lives in Yuba City, California. 25 26 CLAIM FOR RELIEF 27 2.Plaintiff alleges and incorporates herein by reference all of the allegations contained 28 in paragraphs 1 through 23 as though fully set forth. -l- First Amended Complaint 1 3. On or about November, 2000, Plaintiff, Donna Beaver AKA Donna Gable presented to Defendant, Dr. Stephen D. Forner at his office in Chico, CA with symptoms of double vision (diplopia) and paralysis on one side of her face. Plaintiff consulted with Defendant for the purpose of obtaining diagnosis, care, treatment, prescribe for, administering various drugs and medications and performing certain diagnostic tests, and said Defendant did examine, treat, prescribe and care for her by means of various procedures, including but not limited to physical examinations, and the administration of certain drugs and medications, all for compensation. 4. Defendant ordered blood tests, MRI, and CT scan. Defendant did not inform Plaintiff of the test results, so she presumed they were unremarkable. 5 A few days later, Defendant ordered a Tensilon Test and Plaintiff was admitted as an outpatient of Enloe Hospital. Plaintiff was dressed in the hospital gown and administered the 10 fluid for the test intravenously. The test took approximately five minutes. From Defendant's 11 subjective observation he noted, "Marked improvement in diplopia and EOM's" and therefore, diagnosed Plaintiff with Myasthenia Gravis and prescribed Mestinon. (Exhibit A) 12 6 Plaintiff had numerous follow-up appointments with Defendant where he adjusted 13 the medication dosage and checked her symptoms. Plaintiff took Mestinon as prescribed 14 all the while complaining it was causing severe muscle cramping and she couldn't sleep at night. Defendant told her it was necessary for her to stay on it for myasthenia gravis. After 15 approximately two years, Plaintiff went off the medication. Defendant was clearly angry with 16 her decision, but offered no other medication alternative. 17 7. Plaintiff regularly told Defendant she had pain in her legs and groin area. Defendant told Plaintiff, "If you have pain it's not myasthenia gravis and you need to see a doctor." 18 Plaintiff replied, "But you are a doctor." Defendant responded, "You need to see your primary 19 care doctor." 20 8. Therefore, Plaintiff went to her primary care doctor who did a complete workup of her symptoms by means of leg lifts, squats, checked her spine, etc. He told Plaintiff there was 21 nothing he could do for her because her symptoms were neurological and that she needed to 22 go back to her Neurologist, which is what she did. 23 9. In June, 2005, nearly five years after Defendant diagnosed Plaintiff with myasthenia gravis and prescribed Mestinon, Defendant ordered blood tests and did an EMG test. Plaintiff 24 did not know what the tests were for and no follow-up appointment was scheduled, which is 25 standard procedure for physicians. Defendant offered no new remedies or medication to 26 address the pain in Plaintiff's legs and groin area therefore, Plaintiff continued trying to manage with Defendant's diagnosis of myasthenia gravis. 27 10. In or around 2017, Plaintiff began having symptoms of dizziness, balance issues, 28 staggering, shooting pain in her limbs, tingling in her left fingers, bladder leakage. Plaintiff -2- First Amended Complaint started feeling more exhausted and was no longer able to work her 40 hour schedule cashiering at Walmart. li. In July, 2017, Plaintiff phoned Defendant Dr. Stephen Forner's office in Chico only to find out he relocated to Truckee. Plaintiff phoned his office in Truckee to schedule an appointment and was told that even though she is a patient of his from Chico, he is only seeing patients in the Truckee area. Plaintiff was concerned as to why a physician that had a practice in Chico for many years refused to see his patient from Chico. After all, he was advertising on line that he was accepting new patients and Plaintiff was willing to drive to Truckee to continue seeing her established Neurologist. Therefore, in July, 2017, Plaintiff made an appointment with a new primary care physician and was referred to a Neurologist in her current town of Yuba City, CA. 12. In August, 2017 Plaintiff had her first appointment with the Neurologist and during 10 the intake Plaintiff informed him that back in 2000 she was diagnosed with myasthenia 11 gravis. He asked her if she had the medical records, which Plaintiff informed him she did not. 12 The Neurologist placed an order for Plaintiff to have blood tests. 13. The following week the Neurologist phoned Plaintiff and informed her the blood 13 tests that he ordered to confirm her diagnosis of myasthenia gravis were negative. He told 14 Plaintiff she did not have myasthenia gravis and that further testing was necessary. He then 15 told Plaintiff he was going to ordered a MRI of her brain and spine, along with a lumbar puncture (spinal tap), and more blood tests. 16 14, Plaintiff followed through with all the diagnostic testing her new Neurologist 17 ordered. During Plaintiff's follow-up appointment, the Neurologist showed her the MRI of her spine, which had an 8mm lesion on it. He printed the results of the spinal tap, which 18 showed 12 Oligoclonal Bands (4 or more is a positive result for multiple sclerosis). The brain 19 MRI showed no lesions and the blood tests ruled out all other diseases. He explained to 20 Plaintiff that the lesion on her spine and spinal tap confirmed multiple sclerosis. (Exhibit B) 21 He shook his head and stated, "I'm appalled at your diagnosis of myasthenia gravis." 15, On or around October, 2017, Plaintiff contacted Enloe Medical Records to get 22 copies of her test results from Defendant's diagnosis of myasthenia gravis. Unbeknownst to 23 her, the exact same blood test that her new Neurologist ordered was also ordered by Defendant back in 2005, five years after he already made his diagnosis of myasthenia gravis 24 and prescribed Mestinon. The blood test is called an Acetylcholine Receptor Antibody Panel 25 (AChR). This test is ordered specifically to diagnose myasthenia gravis. The AChR test that 26 both Neurologist ordered had negative results for Myasthenia Gravis. (Exhibit C) 16. Plaintiff contacted Athena Lab to receive a copy of the MuSK Antibody blood test 27 which Defendant also ordered. This test is considered to be a "second opinion" blood test. 28 The same test was ordered by Plaintiff's new Neurologist. The MuSK Antibody test, ordered -3- First Amended Complaint by both Neurologist, came back negative for myasthenia gravis. (Exhibit C) 17. Once these blood tests came back negative, Plaintiff's new Neurologist informed her of such and pursued further diagnostic testing, such as a MRI of the brain and spine, a lumbar puncture, and more blood tests. Even though the AChR and MuSK Antibody test Defendant ordered in June, 2005 were negative for myasthenia gravis, along with Plaintiff complaining of leg and groin pain, Defendant never informed Plaintiff of the negative test results or pursue further diagnostic tests, such as a spinal tap. 18. This was a critical point in Plaintiff's treatment. A reasonable doctor would have gone to all means necessary to contact the patient and continue further testing. Defendant's intentional concealment of negative test results denied Plaintiff treatment of which could have been tailored to treat the disease and slow the progression. Plaintiff was left believing she had myasthenia gravis when in fact multiple sclerosis was progressing for seventeen years 10 without treatment. 11 19, As a direct and proximate result of Defendant intentionally concealing negative test results and abandoning Plaintiff, Plaintiff has suffered loss of gainful employment, wage loss 12 past and future, medical expenses past and future, pain and suffering and limited physical 13 activity. 14 20. Defendant negligently failed to order a lumbar puncture as part of his differential diagnostic testing that other physicians in his field would have ordered. If Defendant's 15 diagnosis was based on factual tests and not subjective observation, then an accurate and 16 timely diagnosis would have been made. As a direct and proximate result of Defendant failing 17 to exercise the degree of care or medical skill that another physician in the same specialty would have used in an equal situation, Plaintiff has suffered loss of gainful employment, wage 18 loss past and future, medical expenses past and future, pain and suffering, and limited physical 19 activity. 20 21, Plaintiff was under Defendant's care for nearly five years and yet he failed to act on signs and symptoms of a disease he is suppose to be an expert at. Defendant 21 remained resolute with his diagnosis of myasthenia gravis. A critical window of time has 22 closed for treatment and since this disease has a focal point on the spine, the prognosis could 23 be dire, of which is paralysis or becoming a quadriplegic. Plaintiff's new Neurologist stated, “We must put you on medication immediately. We don't have much time." 24 22. As a direct and proximate result of Defendant negligently wrongly diagnosing 25 Plaintiff, Plaintiff has gone untreated for seventeen years with progressive multiple sclerosis 26 and has suffered loss of gainful employment, wage loss past and future, medical expenses past and future, pain and suffering, and limited physical activity. 27 23. Defendant negligently failed to adhere to the standards of his profession by wrongly 28 diagnosing Plaintiff, prescribing wrong medication, failure to order proper tests, failure to act -4. First Amended Complaint ‘ i on signs and symptoms, intentional concealment of negative test results, and abandoning Plaintiff. Defendant's breach of that duty of care has directly resulted in Plaintiff suffering loss of gainful employment, loss wages past and future, medical expenses past and future, pain and suffering, and limited physical activity. WHEREFORE, Plaintiff prays for judgment against Defendant as herein set forth: For Compensatory Damages against Defendant in an amount to be proven at trial. For General Damages against Defendant in an amount no less than $250,000. For Special Damages against Defendant to be proven at trial. For reasonable fees incurred for this lawsuit to the extent available by law. For such other and further relief as the Court may deem just and proper. 10 11 DEMAND FOR A JURY TRIAL 12 Plaintiff hereby demands trial by jury on all issues triable by jury. 1 14 15 DATED: March 5, 2018 wt rence. Late Donna Beaver AKA Donna Gable 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- First Amended Complaint ADMISSION / REGISTRATION RECORE {A ENLOE WAY ACCOUNT # "ADMISSION DATE / TIME AC SEX | MS] RACE] SERVICE Pr Fe BIRTHOATE REE "ADVANCE DRECINE ‘UNIT NUMBER 00318-0026311/15/00 0628 F|D 1| MED EOS | CO| 05/08/60 40Y NO 396276 NAME AND ADDRESS ‘SOCIAL SECURITY NUMBER ‘PREVIOUS ADMIT NAME DATE GABLE, DONNA L 571-35-8090 GABLE, DONNA 05/07/00 1661 FOREST AVE APT 56 ‘ADMITTING PHYSICIAN ‘ATTENDING PHYSICIAN ie CHICO CA 95928 (530) 894-0646 FORNER, STEPHEN D FORNER, STEPHEN D frady EMPLOVER NAME & ADDRESS PRACTITIONER [ADM SOURCE ‘CLERK XW UNITED HEALTH CARE 1 WPW Ra 2080 E 20TH STREET PRIMARY GARE PHYSICIAN REFERRING PHYSICIAN CHICO CA 95928 LTAMS , RANDALL ‘OCCUPATION "ADMIT TYPE ‘DENOM LOCATION ROOM & BED ELECTIVE NO GI - DATA. ENTRY NAME AND ADDRESS EMPLOYER NAME AND ADDRESS he GABLE, DONNA L UNITED HEALTH CARE 1661 FOREST AVE APT 56 (530) 894-0646] 2080 E 20TH STREET (530) 879-8031 CHTCO CA 95928 CHICO CA_ 95928 INSURANCE 1 & 2 INSURANCE 3 & 4 UNITED HEALTHCARE (16905 1 PO BOX 740800 ATLANTA GA 30374-0800 GABLE, DONNA L 168504 57135809001 i NOT REQ RELATIVE T DIAGNOSIS 7 COMPLAINT GABLE , LARRY (530) 892-1051 368.2-DIPLOPIA FRIEND ‘ACCIDENT WORK DATE TIME DETANLS APC, ais NO (368,25 PRIMARY DIAGNOSIS (cove 358,0 JOTHER DIAGNOSIS: S68.a Gr) | COMPLICATIONS PRIMARY SURGICAL PROCEDURE COE 43,0) JOTHER SURGICAL PROCEDURE INON-OPERATIIVE PROCEDURE qamacreeny (95897) FASMB | PRO. CODER FINAL CONSULTANTS LOWES We UNIT RUMBER DISCHARGE DATE 396276 GABLE, DONNA L FORNER, STEPHEN D / /-/%ABT. Physician's Signature O UPDATED Initiots 88532400 3/98 IMU TIAN ENL a atesns NURSING ADMISSIC ASSESSMENT \ Arrival Time Name Phone # Ride’ Home fires ONc Primary / Referring Physician R.woillianws VEL. Le Considerations NPO Since mv Allergies (food / drugs) Discharge Planning/Social Services/Nutritional Assess Referral Needed __9 No Q Yes Action Taken DOs nS G" wit Og TPR. BP. 1d Date PAT TPR. BP. Sp0, Chief Complaint/Symptoms Maen ut Lost Take Surgical Hx Medical Hx Glaucoma Abdomen Soft/flat Y i - {LBM Anesthesia Self Probelms Family Non Tender TPIS Bowel Sounds present |( Y_}..N? Lungs Clear Resp Untabored Y, Liver Disease Change in bowel habits Cough Smoker Nutrition risk factors YIN Comments Comments Diabetes: a Skin Warm. Pink« Dry. {-Y Hypertension Bleeding Tendencie: Angina Comments, Edema Skin intact Pulses (if applicable) Abnormal Void Comments UTI Symptoms Alert Y Kidney Problems Oriented Y Comments LMI ~t 7 Injury / Fx Moves ali extremities |{ Y Sensation intact Assistive Devices Speech-Clear Y Comments Neuro Checks (it apaiicotte) Calm Comments Support Systems Y Pain Comments Location Intensity lqig)- 10 Geverey anes s th a 60 ny bi Signatu ite a Signature Date ENLOE SHORT FORM HISTORY & PHYSICAL CHIEF COMPLAINT / HISTORY OF PRESENT ILLNESS: Dralop. ok PAST MEDICAL HISTORY: '@ QHeart Disease QLung Disease ODiohetes O Hypertension a Stroke O Bleeding Tendencies Q Vatvular Heort Olssase Other AS OR OPERATION: ione O.CABG or Valvular Heart Surgery Q Pulmonary Resection QPacemaker G Prosthetic Joint @ Cranlotomy ther JEDICATIONS: - lone. OAs} Ww a” Q Warfarin (Coumadin) Q Dipyridamole (Persantine) NSAID Q Cortisone her ALLERGIES: KA SOCIAL HISTORY: © Smoker Byven Smoker QOrug Use Q Alcohol Use Q Other VITAL SIGNS: Blood Pressure / P R T Heart: mal Q Abnormal lungs: Normat @ Abnormat Abdomen: Normal © Abnormal DIAGNOSIS: Deglopa ‘OR NO ~ANE! E OGIS TI N ASA PHYSICAL STATUS CLASSIFICATIONS Please check the appropriate asa classification PLANNED mone ID ANDICATIONS:. For amergency operations add the letter£ before classification, ASAT A nonnat healthy patient. HALLS DLA! QMSA 2 A patient with a mild systemic disease, (eg. mlid diabetes, controlled hypertension, anemia, chronic bronchitls, or morbid obesity). QASA3 A patient with a severe systemic disease that {Imits activity (angina, obstructive pulmonary disease, or myocardial infarction). QASAS A Patient with an Incapacitating disease that iss constant threat to fife, (heart failure, renat failure). DASAS A moribund patient not expected to survive 24 hours (ruptured aneurysm, head trauma with increasing intracranial pressure). Q Needs, risks, and alternatives of blood and blood Products have been explained and patient demonstrates understanding. Q Not Applicable INFORMED CONSENT FOR PROCEDURE: Procedure(s) risks, benefits, and.alternatives have been explained and patient demonstrates understanding. ae EO oy UW 1/8. ick Physician Signgture Date 2/98 SEDATION / ANALGESIA DOCe~’ NTATION RECORD IMAM AM ENLOE i cay EFS Date \ \ AG Procedure Done: QRM"boo QxXRay Oother B-Su He Joie Procedure Mode of nhc ration ib. QW/C QO Guerney Physician Q Inpatient Start Time Patient Position Allergies Procedure Equipment 9) Zon Admit/ Pre Procedi Procedure. Normal 0 - Unable to lift head or move extremities voluntarily or on Q Pale Time. command Q 1 - HOBt - moving spontaneously, needs assistance O Motst BP - 2 - Pre-procedure baseline with minimal assistance Ny 10 HR Eupnea Awake, Alert, Shallow D Rapid Oriented x3 Q Other RR (0- Not responding or responding only to painful stimu Q Lobored (See Comments) Temp 1 - Responds to verbal stimuli but drifts to sleep eosily 2 Retuin to pre:procedure baseline ve) $a0, =a ¢ Amt. Cardiac “Oa Monitor 0 - SBP +50 mm Hg. of baseline Site/Size anc 1 - SBP + 20-50 mm Hg. of baseline’ OMask Act. 2 - SBP + 20 mm Hg. of baseline ‘Solu. les CONRB Q Cons. Time Circ, 0- Apnelc Applied: 1 - Dyspnea or limited breathing shallow Ottier Resp: 2. Able to deep breath and-cough freely De'a: Total Total Score of 7 (orretum to baseline level of care) post procedure. om Si +e) ~ . ae 8) Ww RN TO REPORT THE FOLLOWING TO *Patient's with Sa0, < 90% for greater than 3 minutes. NURSE MANAGER FOR CHART REVIEW: *Patient's requiring endotracheal intubation. «Patient's requiring the use of reversal agents. Signature (eed —____ Signature Fi v Signature 36003400 3/98 Wy WANE a Jf) a Bil Signature Signature ‘sioncre Tie HR ™ 3 BP waa H ee --H--. ig ~~. 3B 11s 928 161 73 108 138 a 188 72 160 198 73 a4 44 --s TS tes 74 38 6g 19a 122 7a 36 feats tae MONITOR STRIP MOUNT MONITOR STRIP MOUNT Endoscopic Procedure Scheduled QEGD Q Colonoscopy Q Other Prep Completed as ordered by MD Q Yes QNo Enemas Q Yes QNo Results of Prep (as described by patient) Q Clear Q Flecks of Stool Passing Stool on Arrival CONSENT SIGNED 0 Yes ONo Initials ALLERGIES CHECKED QO Yes Q No Initials a a Re Sa i 2 —e ion. siti iv STARTED_ tit - 6 o of attempts Ohard = Dentures Site. Size x ) Solution w/ Rate c SLL av KO Glasses Started by Lido Yes Q No Q Refused Hearing Aid Comments Rings usted E ccm “~y Jewelry Money/Checkbook Wallet/Purse EDUCATIONAL NEEDS Estimated level of understanding Previous knowledge of procedure ef SSESSMENT Good Yes OFair QNo O Poor COMMENTS Medications ort a Mia yeeiiccibameme ise eis Mascara Removed Q Yes QNo None aay oe uf cake Hairpins Removed Yes QNo QNone History &.Physical On Chart Q Yes QNo Underwear Removed Q Yes QNo QNone Labs Ordered QO Yes QNo Contact Lens Removed Q Yes QNo Q None Pre op Teaching Done QO Yes QNo Dentures Removed Q Yes QNo Q None O Full Upper Q Partial Upper Patient Voided Pre op Q Yes QNo _ OFull Lower Q Partial Lower Pre Surgical Prep Done Q Yes QNo Isolation Prostheses (location ) OYes QNo Comments SURGICAL CONSENT SIGNED Q Yes QNo Sterilization Consent Signed QO Yes QNo ALLERGIES CHECKED Q Yes -ONo List Allergies Patient Identification #: To OR via Time MD Called Here == = 2 gi Pre op Signature OR Signature AN BNLOE ES ROShe si PROGRESS NOTES — Date c 2 7 $6006655 2/99 1-800-533-1710 MAYO CLINIC t MSP2 Mayo Medical Laboratories Multiple Sclerosis (MS) Profile Patient1D Patient Name Birth Date Gender Age 61870519 BEAVER, DONNA 1960-05-08 F 7 Order Number” Client Order Number Ordering Physic Report Notes M139902263 1131697 EDULJEE, ARISH - seen ‘Account Information Collected 67029488 Sutter Med Foundation-Clin Lab 12 Sep 201 13:40 / Multiple Sclerosis Profile MOR CSF Bands AIGA CSF Olig Bands Interpretation Reference Value ' 12 bands 11 bands < The oligopional band assay detected 4 or more unique IgG bands in the CSF, This is a positive result. CSF is used in the diagnosis of MS by identiying increased intrathecal IgG synthesis qualitatively (Oligoclonal Bands) or quantitatively (IgG index or IgG synthesis rate, CSF). Oligoclonat bands (4 pr more CSF-specific bands) and/or an elevated CSF IgG index are detected in up to 90% of patients with MS. These findings, however, are not specific for MS as CSF-specific IgG synthesis|may also be found in patients with other neurologic diseases |ncluding infectious, inflammatory, cerebrovascular, and Paraneopjastic disorders. t cance ee et AAC! ; ' Serum Bands 1 bands ee pen oe lene ee en nnn ee 1 IgG Index, CSF McK {gG/Albumin, CSF MCR Ay 145 Reference Value 0.29 Reference Value 0.85 0.21 * 196,