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Filing # 124240816 E-Filed 04/02/2021 12:16:15 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL LAW DIVISION
MARISOL MORENO SALAS,
Plaintiff, CASE NO.:
vs. DIVISION:
FLORIDA HEALTH SCIENCES CENTER, INC.
d/b/a TAMPA GENERAL HOSPITAL,
Defendant.
_____________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, MARISOL MORENO (“PLAINTIFF”), by and through her undersigned counsel,
sues the Defendant, FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a TAMPA
GENERAL HOSPITAL ("TGH"), and alleges as follows:
1. This is an action for damages in excess of $30,000.00 exclusive of interest,
attorney’s fees and costs.
2. All conditions precedent to the bringing of this action have been performed or have
been waived. Specifically, this is an action arising out of medical negligence and Plaintiff
has complied with provisions of the applicable Florida Statutes including, but not limited to,
Florida Statutes Chapter 766. Plaintiff has complied by serving upon Defendants, or those
in a legal relationship with Defendants, by certified mail, a Notice of Intent to Initiate
Litigation and Plaintiff's claims have been denied by each Defendant.
3. Pursuant to Chapter 766.104, Florida Statutes, the undersigned attorneys hereby
certify that a reasonable investigation has been conducted by the undersigned attorneys and that
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such reasonable investigation has given rise to a good faith belief that grounds exist in this action for
a claim of medical negligence against Defendants.
4. The negligent acts described herein occurred in Hillsborough County, Florida.
5. Plaintiff is a resident of Hillsborough County, Florida.
6. At all times material hereto TGH was a Florida Corporation, operating a Hospital in
Hillsborough County, Florida.
7. On or about September 24, 2018, PLAINTIFF presented to the TGH Emergency
Department on the advice of her primary care physician due to elevated platelet levels.
8. After evaluation in the Emergency Department, PLAINTIFF was admitted to TGH
for further observation and treatment.
9. On or about September 25, 2018, PLAINTIFF received Venofer for treatment of
iron deficiency.
10. PLAINTIFF experienced an anaphylactic reaction to Venofer with hypertension and
hives and was treated with IV Benadryl and Epinephrine.
11. On or about September 26, 2018, PLAINTIFF was observed to be drowsy with
decreased arousal, despite ample time having passed for the effects of Benadryl to have dissipated.
12. In response to PLAINTIFF’s altered mental status, attending physician Santosh
Reddy, M.D. ordered a STAT Head CT without contrast of PLAINTIFF at 3:19 PM.
13. Despite the CT being ordered STAT, it was not initiated until approximately 11:25
PM on September 26, 2018 and not completed until approximately 12:09 AM on September 27,
2018.
14. Once completed, the September 26/27th, 2018 CT of PLAINTIFF’S head
demonstrated findings concerning for cerebrovascular accident.
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15. The diagnosis of cerebrovascular accident was confirmed through subsequent
imaging studies ordered following the results of the September 26/27th, 2018 CT of PLAINTIFF’S
head.
16. At the time of PLAINTIFF’S diagnosis of cerebrovascular accident, she had passed
the window of opportunity for the use of Tissue Plasminogen Activator (“TPA”) to restore blood
flow to her brain without surgery.
17. PLAINTIFF underwent a right suboccipital craniectomy and resection and removal
of infarcted cerebellum by Puya Alikhani, M.D at TGH beginning at approximately 4:55 PM on
September 27, 2018.
18. As a result of the foregoing, Plaintiff has suffered bodily injury resulting in disability
including cognitive impairment, loss of vision in her right eye, loss of range of motion in her right
upper extremity, weakness, fatigue and frequent epistaxis.
19. PLAINTIFF obtained a 90-day extension to the statute of limitations by filing
a Petition for Automatic Extension pursuant to Florida Statute Section 766.104(2) in the
Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. A true
and correct copy of the Petition for Extension is attached hereto as Exhibit “A”.
20. The applicable statute of limitations was further tolled by PLAINTIFF'S timely service
of a Notice of Intent to Initiate Litigation on or about November 27, 2020.
COUNT I
NEGLIGENCE OF TGH
21. PLAINTIFF reasserts and realleges the allegations of paragraphs 1 through 20 above
as though fully set forth herein.
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22. At all times material hereto TGH owed a duty to PLAINTIFF to provide medical
care, treatment and services which met the prevailing professional standard of care for hospitals.
23. Pursuant to Florida Statute Section 766.110, TGH had a duty to assure
comprehensive risk management including, but not limited to:
a. The adoption of written procedures for the selection of staff members and a
periodic review of the medical care and treatment rendered to patients by each member of the
medical staff;
b. The adoption of a comprehensive risk management program which fully
complies with the substantive requirements of s. 395.0197 as appropriate to such hospital’s size,
location, scope of services, physical configuration, and similar relevant factors; and
c. The initiation and diligent administration of the medical review and risk
management processes established in paragraphs (a) and (b) including the supervision of the
medical staff and hospital personnel to the extent necessary to ensure that such medical review and
risk management processes are being diligently carried out.
24. TGH breached its duty to PLAINTIFF by failing to adopt and/or implement policies
and procedures to ensure that STAT orders, such as the September 26, 2018 3:19 pm order for a
STAT Head CT without contrast were carried out without delay.
25. As a direct and proximate result of the above-described violations of the applicable
standard of care, PLAINTIFF’S diagnosis and treatment for CVA were substantially delayed
resulting in avoidable damage to her brain and the need for surgery to remove infarcted brain tissue.
26. As a direct and proximate result of the foregoing, PLAINTIFF has suffered bodily
injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for
the enjoyment of life, expense of hospitalizations, medical and nursing care treatment and loss of
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the ability to earn money. Those losses are permanent and continuing and PLAINTIFF will
continue to suffer such losses into the future.
WHEREFORE, PLAINTIFF demands judgment against TGH for damages, including but
not limited to, compensatory damages, costs and any further relief that this court deems just and
proper.
COUNT II
VICARIOUS LIABILITY OF TGH FOR THE NEGLIGENCE OF ITS NON-PHYSICIAN
HEALTHCARE STAFF
27. PLAINTIFF reasserts and realleges the allegations of paragraphs 1 through 20 above
as though fully set forth herein.
28. At all times material hereto, TGH, by and through its non-physician medical staff,
including it nursing and medical support staff, owed PLAINTIFF a duty to provide medical care,
treatment, and services, which met the prevailing professional standard of care.
29. At all times material hereto, all TGH nurses and medical support staff who were
involved in the care and/or treatment of PLAINTIFF were acting within the course and scope of
their employment or agency with TGH.
30. TGH is vicariously liable for the alleged negligent acts and omissions of its non-
physician healthcare staff pursuant to the doctrine of respondeat superior.
31. TGH, by and through non-physician healthcare staff, deviated from the prevailing
professional standard of care in the care and treatment of PLAINTIFF by failing to ensure that the
September 26, 2018 3:19 PM physician order for a STAT Head CT without contrast was carried out
without delay.
32. As a direct and proximate result of the above-described violations of the applicable
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standard of care, PLAINTIFF’S diagnosis and treatment for CVA were substantially delayed
resulting in avoidable damage to her brain and the need for surgery to remove infarcted brain tissue.
33. As a direct and proximate result of the foregoing, PLAINTIFF has suffered bodily
injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for
the enjoyment of life, expense of hospitalizations, medical and nursing care treatment and loss of
the ability to earn money. Those losses are permanent and continuing and PLAINTIFF will
continue to suffer such losses into the future.
WHEREFORE, PLAINTIFF demand judgment against TGH for damages, including but not
limited to, compensatory damages, costs and any further relief that this court deems just and proper.
DEMAND FOR JURY TRIAL,
Plaintiffs hereby demand a trial by jury on all issues so triable.
/S/ RYAN A. LOPEZ, ESQ.
LEE D. GUNN IV, ESQ.
Florida Bar No.: 367192
LGUNN@GUNNLAWGROUP.COM
Ryan A. Lopez, Esq.
Florida Bar No.: 0021831
rlopez@gunnlawgroup.com
GUNN LAW GROUP, P.A.
401 East Jackson Street, Suite 3600
Tampa, FL 33602
(813) 228-7070 TELEPHONE
(813) 228-9400 FACSIMILE
Counsel for Plaintiff
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Filing # 97354989 E-Filed 10/16/2019 10:43:15 AM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL LAW DIVISION
MARISOL MORENO, CASE NO.:
Petitioner, DIVISION:
_________________________________________/
PETITION PURSUANT TO FLORIDA STATUTE 766.104(2) FOR
AUTOMATIC NINETY (90) DAY EXTENSION OF THE STATUTE OF LIMITATIONS
COMES NOW the Petitioner, MARISOL MORENO, by and through her undersigned counsel and files this
Petition to automatically extend the Statute of Limitations pursuant to Florida Statute 766.104(2). This Petition is filed
to allow reasonable investigation to determine if there are grounds for a good faith belief that there has been negligence
in the care and treatment of Marisol Moreno. This Petition is for an investigation as to Tampa General Hospital, and
any known and unknown health care providers who treated Marisol Moreno.
DATED this 16th day of October, 2019.
Respectfully submitted,
/s/WILLIAM D. NELSON, ESQ.
LEE D. GUNN IV, ESQ.
Florida Bar No.: 367192
WILLIAM D. NELSON, ESQ.
Florida Bar No.: 1011062
GUNN LAW GROUP, P.A.
401 East Jackson Street, Suite 3600
Tampa, FL 33602
(813) 228-7070 Telephone
(813) 228-9400 Facsimile
Efile@gunnlawgroup.com
Counsel for Petitioners
STATUTORY EXTENSION
THIS CAUSE came before the undersigned Deputy Clerk, and pursuant to the provisions of Chapter
766.104(2) of the Florida Statutes, the statute of limitations period set forth in Section 95.11, Florida Statutes, is hereby
automatically extended for a period of ninety (90) days.
Deputy Clerk,
Typed or Printed Name
Date
Exhibit "A" to Plaintiff's Complaint and Demand for Jury Trial
4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7
Preview
Filing # 124240816 E-Filed 04/02/2021 12:16:15 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA GENERAL CIVIL LAW DIVISION MARISOL MORENO SALAS, Plaintiff, CASE NO.: vs. DIVISION: FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a TAMPA GENERAL HOSPITAL, Defendant. _____________________________________/ COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, MARISOL MORENO (“PLAINTIFF”), by and through her undersigned counsel, sues the Defendant, FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a TAMPA GENERAL HOSPITAL ("TGH"), and alleges as follows: 1. This is an action for damages in excess of $30,000.00 exclusive of interest, attorney’s fees and costs. 2. All conditions precedent to the bringing of this action have been performed or have been waived. Specifically, this is an action arising out of medical negligence and Plaintiff has complied with provisions of the applicable Florida Statutes including, but not limited to, Florida Statutes Chapter 766. Plaintiff has complied by serving upon Defendants, or those in a legal relationship with Defendants, by certified mail, a Notice of Intent to Initiate Litigation and Plaintiff's claims have been denied by each Defendant. 3. Pursuant to Chapter 766.104, Florida Statutes, the undersigned attorneys hereby certify that a reasonable investigation has been conducted by the undersigned attorneys and that 1 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 such reasonable investigation has given rise to a good faith belief that grounds exist in this action for a claim of medical negligence against Defendants. 4. The negligent acts described herein occurred in Hillsborough County, Florida. 5. Plaintiff is a resident of Hillsborough County, Florida. 6. At all times material hereto TGH was a Florida Corporation, operating a Hospital in Hillsborough County, Florida. 7. On or about September 24, 2018, PLAINTIFF presented to the TGH Emergency Department on the advice of her primary care physician due to elevated platelet levels. 8. After evaluation in the Emergency Department, PLAINTIFF was admitted to TGH for further observation and treatment. 9. On or about September 25, 2018, PLAINTIFF received Venofer for treatment of iron deficiency. 10. PLAINTIFF experienced an anaphylactic reaction to Venofer with hypertension and hives and was treated with IV Benadryl and Epinephrine. 11. On or about September 26, 2018, PLAINTIFF was observed to be drowsy with decreased arousal, despite ample time having passed for the effects of Benadryl to have dissipated. 12. In response to PLAINTIFF’s altered mental status, attending physician Santosh Reddy, M.D. ordered a STAT Head CT without contrast of PLAINTIFF at 3:19 PM. 13. Despite the CT being ordered STAT, it was not initiated until approximately 11:25 PM on September 26, 2018 and not completed until approximately 12:09 AM on September 27, 2018. 14. Once completed, the September 26/27th, 2018 CT of PLAINTIFF’S head demonstrated findings concerning for cerebrovascular accident. 2 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 15. The diagnosis of cerebrovascular accident was confirmed through subsequent imaging studies ordered following the results of the September 26/27th, 2018 CT of PLAINTIFF’S head. 16. At the time of PLAINTIFF’S diagnosis of cerebrovascular accident, she had passed the window of opportunity for the use of Tissue Plasminogen Activator (“TPA”) to restore blood flow to her brain without surgery. 17. PLAINTIFF underwent a right suboccipital craniectomy and resection and removal of infarcted cerebellum by Puya Alikhani, M.D at TGH beginning at approximately 4:55 PM on September 27, 2018. 18. As a result of the foregoing, Plaintiff has suffered bodily injury resulting in disability including cognitive impairment, loss of vision in her right eye, loss of range of motion in her right upper extremity, weakness, fatigue and frequent epistaxis. 19. PLAINTIFF obtained a 90-day extension to the statute of limitations by filing a Petition for Automatic Extension pursuant to Florida Statute Section 766.104(2) in the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. A true and correct copy of the Petition for Extension is attached hereto as Exhibit “A”. 20. The applicable statute of limitations was further tolled by PLAINTIFF'S timely service of a Notice of Intent to Initiate Litigation on or about November 27, 2020. COUNT I NEGLIGENCE OF TGH 21. PLAINTIFF reasserts and realleges the allegations of paragraphs 1 through 20 above as though fully set forth herein. 3 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 22. At all times material hereto TGH owed a duty to PLAINTIFF to provide medical care, treatment and services which met the prevailing professional standard of care for hospitals. 23. Pursuant to Florida Statute Section 766.110, TGH had a duty to assure comprehensive risk management including, but not limited to: a. The adoption of written procedures for the selection of staff members and a periodic review of the medical care and treatment rendered to patients by each member of the medical staff; b. The adoption of a comprehensive risk management program which fully complies with the substantive requirements of s. 395.0197 as appropriate to such hospital’s size, location, scope of services, physical configuration, and similar relevant factors; and c. The initiation and diligent administration of the medical review and risk management processes established in paragraphs (a) and (b) including the supervision of the medical staff and hospital personnel to the extent necessary to ensure that such medical review and risk management processes are being diligently carried out. 24. TGH breached its duty to PLAINTIFF by failing to adopt and/or implement policies and procedures to ensure that STAT orders, such as the September 26, 2018 3:19 pm order for a STAT Head CT without contrast were carried out without delay. 25. As a direct and proximate result of the above-described violations of the applicable standard of care, PLAINTIFF’S diagnosis and treatment for CVA were substantially delayed resulting in avoidable damage to her brain and the need for surgery to remove infarcted brain tissue. 26. As a direct and proximate result of the foregoing, PLAINTIFF has suffered bodily injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalizations, medical and nursing care treatment and loss of 4 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 the ability to earn money. Those losses are permanent and continuing and PLAINTIFF will continue to suffer such losses into the future. WHEREFORE, PLAINTIFF demands judgment against TGH for damages, including but not limited to, compensatory damages, costs and any further relief that this court deems just and proper. COUNT II VICARIOUS LIABILITY OF TGH FOR THE NEGLIGENCE OF ITS NON-PHYSICIAN HEALTHCARE STAFF 27. PLAINTIFF reasserts and realleges the allegations of paragraphs 1 through 20 above as though fully set forth herein. 28. At all times material hereto, TGH, by and through its non-physician medical staff, including it nursing and medical support staff, owed PLAINTIFF a duty to provide medical care, treatment, and services, which met the prevailing professional standard of care. 29. At all times material hereto, all TGH nurses and medical support staff who were involved in the care and/or treatment of PLAINTIFF were acting within the course and scope of their employment or agency with TGH. 30. TGH is vicariously liable for the alleged negligent acts and omissions of its non- physician healthcare staff pursuant to the doctrine of respondeat superior. 31. TGH, by and through non-physician healthcare staff, deviated from the prevailing professional standard of care in the care and treatment of PLAINTIFF by failing to ensure that the September 26, 2018 3:19 PM physician order for a STAT Head CT without contrast was carried out without delay. 32. As a direct and proximate result of the above-described violations of the applicable 5 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 standard of care, PLAINTIFF’S diagnosis and treatment for CVA were substantially delayed resulting in avoidable damage to her brain and the need for surgery to remove infarcted brain tissue. 33. As a direct and proximate result of the foregoing, PLAINTIFF has suffered bodily injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalizations, medical and nursing care treatment and loss of the ability to earn money. Those losses are permanent and continuing and PLAINTIFF will continue to suffer such losses into the future. WHEREFORE, PLAINTIFF demand judgment against TGH for damages, including but not limited to, compensatory damages, costs and any further relief that this court deems just and proper. DEMAND FOR JURY TRIAL, Plaintiffs hereby demand a trial by jury on all issues so triable. /S/ RYAN A. LOPEZ, ESQ. LEE D. GUNN IV, ESQ. Florida Bar No.: 367192 LGUNN@GUNNLAWGROUP.COM Ryan A. Lopez, Esq. Florida Bar No.: 0021831 rlopez@gunnlawgroup.com GUNN LAW GROUP, P.A. 401 East Jackson Street, Suite 3600 Tampa, FL 33602 (813) 228-7070 TELEPHONE (813) 228-9400 FACSIMILE Counsel for Plaintiff 6 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 Filing # 97354989 E-Filed 10/16/2019 10:43:15 AM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA GENERAL CIVIL LAW DIVISION MARISOL MORENO, CASE NO.: Petitioner, DIVISION: _________________________________________/ PETITION PURSUANT TO FLORIDA STATUTE 766.104(2) FOR AUTOMATIC NINETY (90) DAY EXTENSION OF THE STATUTE OF LIMITATIONS COMES NOW the Petitioner, MARISOL MORENO, by and through her undersigned counsel and files this Petition to automatically extend the Statute of Limitations pursuant to Florida Statute 766.104(2). This Petition is filed to allow reasonable investigation to determine if there are grounds for a good faith belief that there has been negligence in the care and treatment of Marisol Moreno. This Petition is for an investigation as to Tampa General Hospital, and any known and unknown health care providers who treated Marisol Moreno. DATED this 16th day of October, 2019. Respectfully submitted, /s/WILLIAM D. NELSON, ESQ. LEE D. GUNN IV, ESQ. Florida Bar No.: 367192 WILLIAM D. NELSON, ESQ. Florida Bar No.: 1011062 GUNN LAW GROUP, P.A. 401 East Jackson Street, Suite 3600 Tampa, FL 33602 (813) 228-7070 Telephone (813) 228-9400 Facsimile Efile@gunnlawgroup.com Counsel for Petitioners STATUTORY EXTENSION THIS CAUSE came before the undersigned Deputy Clerk, and pursuant to the provisions of Chapter 766.104(2) of the Florida Statutes, the statute of limitations period set forth in Section 95.11, Florida Statutes, is hereby automatically extended for a period of ninety (90) days. Deputy Clerk, Typed or Printed Name Date Exhibit "A" to Plaintiff's Complaint and Demand for Jury Trial 4/2/2021 12:16 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7