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DOCKET NO.: UWY-CV21-6060768-S : SUPERIOR COURT
CYNTHIA BROWN, CONSERVATOR : J.D. OF WATERBURY
OF THE PERSON AND ESTATE OF
ELIZABETH STEWART,
CYNTHIA BROWN, INDIVIDUALLY,
AND EDWARD STEWART
VS. : AT WATERBURY
SAINT MARY’S HOSPITAL, INC., ET AL : JANUARY 19, 2022
REVISED COMPLAINT
FIRST COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart
vs. Saint Mary’s Hospital, Inc.)
1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut
and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate
Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the
estate of Elizabeth Stewart (“Elizabeth”).
2. At all times relevant herein, the Defendant, Saint Mary’s Hospital, Inc., (“Saint
Mary’s Hospital”) was a health care institution with a principal place of business in Waterbury,
Connecticut. Saint Mary’s Hospital held itself out to the general public as capable of providing
the highest level of medical care to those in need and, in particular, held itself out as a certified
primary stroke center and as providing “award winning” stroke care.
1
HOWARD, KO~1N SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160
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3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman,
was at work and began to experience a severe headache, difficulty speaking clearly and a loss
of balance and was advised to go home for the day. Elizabeth went home and rested.
4. On or about June 28, 2020, Elizabeth continued to experience symptoms and
her mother took her to a walk-in clinic owned, operated by andJor otherwise affiliated with the
defendant, Saint Mary’s Hospital. She was evaluated by Mark Stevens, P.A. and discharged with
a diagnosis of “history of visual disturbance” and “frequent headaches”. Elizabeth’s mother
immediately took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s
symptoms concerned her as they were extraordinarily unusual for Elizabeth and she worried
that an underlying, undiagnosed disease process was taking place.
5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency
room by hospital agents, servants or employees, including Angela Quatrocelli, M.D. Dr.
Quatrocelli’s history and physical examination included a history of balance issues, “falling to
the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’s
differential diagnosis included an intracranial abnormality but no testing was performed to rule
out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented
recommendations for further evaluation or treatment.
2
HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101
• JURIS NO. 28160
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6. On or about June 30, 2020, Elizabeth was transported by ambulance from her
home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by
agents, servants or employees of the hospital including, but not limited to Sarah Garceau, P.A.
and Dylan Stempel, P.A.. By this time, Elizabeth was not speaking or moving. Nevertheless,
Elizabeth was in the emergency room for over twelve (12) hours before a neurological
evaluation was conducted. A repeat CT scan was performed which enabled the hospital health
care providers to diagnose a stroke. Elizabeth was transported by Life Star helicopter to Saint
Francis Hospital in Hartford, Connecticut where she underwent emergency surgery to open her
skull, expose her brain and repair a large left cerebellar infarction.
7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately
caused by the carelessness and negligence of Saint Mary’s Hospital, its agents, servants or
employees, in one or more of the following ways, in that the Defendant:
a. Failed to diagnose Elizabeth’s condition;
b. Misdiagnosed Elizabeth’s condition;
c. Failed to conduct adequate and thorough physical examinations;
d. Failed to order and/or evaluate the need for reasonably necessary
diagnostic tests;
3
HOWARD, KaHN SPRAGUE & FITZGERALD, LLP •ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860)525-3101
JURIS NO. 28160
n
e. Failed to conduct an appropriate differential diagnosis so as to
include a stroke;
f. Failed to investigate whether Elizabeth’s symptoms could be
related to a stroke;
g. Failed to appreciate the signs and symptoms of a stroke;
h. Failed to rule out a stroke as a potential cause of Elizabeth’s
symptoms;
I. Failed to consider a stroke as Elizabeth’s primary medical problem;
j. Failed to identify a stroke via testing;
k. Failed to conduct a complete neurological examination in a patient with
signs and symptoms of a stroke;
1. Failed to carry out emergent neurological consultation, imaging and
monitoring for a patient with signs and symptoms consistent with a
stroke;
m. Failed to re-evaluate the original diagnosis while Elizabeth
remained in the urgent care facility or the emergency room;
n. Failed to sufficiently monitor and re-evaluate a patient who presented to
4
HOWARD, K0HN SPRAGUE & FITZGERALD, LLP •ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160
n n
the emergency department with profound altered mental status and
neurological deficits, as well as signs and symptoms of a stroke;
o. Failed to initiate medical therapy to slow progression of the disease until
surgical intervention could be performed; and/or,
p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life
threatening condition.
8. As a result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth was required to undergo emergency brain surgery along with
the associated risks of surgery, a long period of recuperation, physical and occupational therapy,
and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are
permanent in nature.
9. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, the Plaintiff was forced to expend sums of money for hospital and
medical care, therapy, medication and may have to incur additional sums in the future.
10. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth lost time from her employment and lost wages and has suffered
a loss of earning capacity.
5
HOWARD, K0RN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160
n
11. As a further result of the negligence and carelessness of the Defendant, its agents,
servants or employees, Elizabeth’s ability to enjoy life’s pleasures was and will be severely
curtailed and diminished.
SECOND COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart
vs. Trinity Health of New England Corporation, Inc.)
1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut
and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate
Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the
estate of Elizabeth Stewart (“Elizabeth”).
2. At all times relevant herein, the Defendant, Trinity Health of New England
Corporation, Inc. (“Trinity Health”) was a corporation organized and existing under the laws of
the State of Connecticut which owned, managed and/or operated a health care institution known
as Saint Mary’s Hospital that had a principal place of business in Waterbury, Connecticut. Saint
Mary’s Hospital held itself out to the general public as capable of providing the highest level
of medical care to those in need and, in particular, held itself out as a certified primary stroke
center and as providing “award winning” stroke care.
3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman,
was at work and began to experience a severe headache, difficulty speaking clearly and a loss
6
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160
n n
of balance and was advised to go home for the day. Elizabeth went home and rested.
4. On or about June 28, 2020, Elizabeth continued to experience symptoms and
her mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with the
defendant, Trinity Health. She was evaluated by Mark Stevens, P.A. and discharged with a
diagnosis of “history of visual disturbance” and “frequent headaches”. Elizabeth’s mother
immediately took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s
symptoms concerned her as they were extraordinarily unusual for Elizabeth and she worried
that an underlying, undiagnosed disease process was taking place.
5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency
room by the defendant’s agents, servants or employees, including Angela Quatrocelli, M.D. Dr.
Quatrocelli’ s history and physical examination included a history of balance issues, “falling to
the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’s
differential diagnosis included an intracranial abnormality but no testing was performed to rule
out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented
recommendations for further evaluation or treatment.
6. On or about June 30, 2020, Elizabeth was transported by ambulance from her
home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by
7
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160
n fl
agents, servants or employees of the defendant including, but not limited to Sarah Garceau, P.A.
and Dylan Stempel, P.A.. By this time, Elizabeth was not speaking or moving. Nevertheless,
Elizabeth was in the emergency room for over twelve (12) hours before a neurological
evaluation was conducted. A repeat CT scan was performed which enabled the hospital health
care providers to diagnose a stroke. Elizabeth was transported by Life Star helicopter to Saint
Francis Hospital in Hartford, Connecticut where she underwent emergency surgery to open her
skull, expose her brain and repair a large left cerebellar infarction.
7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately
caused by the carelessness and negligence of Trinity Health, its agents, servants or employees,
in one or more of the following ways, in that the Defendant:
a. Failed to diagnose Elizabeth’s condition;
b. Misdiagnosed Elizabeth’s condition;
c. Failed to conduct adequate and thorough physical examinations;
d. Failed to order and/or evaluate the need for reasonably necessary
diagnostic tests;
e. Failed to conduct an appropriate differential diagnosis so as to
include a stroke;
8
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 061 26~1 798. (860)525-3101 • JURIS NO. 28160
n n
f. Failed to investigate whether Elizabeth’s symptoms could be
related to a stroke;
g. Failed to appreciate the signs and symptoms of a stroke;
h. Failed to rule out a stroke as a potential cause of Elizabeth’s
symptoms;
I. Failed to consider a stroke as Elizabeth’s primary medical problem;
j. Failed to identify a stroke via testing;
k. Failed to conduct a complete neurological examination in a patient with
signs and symptoms of a stroke;
1. Failed to carry out emergent neurological consultation, imaging and
monitoring for a patient with signs and symptoms consistent with a
stroke;
m. Failed to re-evaluate the original diagnosis while Elizabeth
remained in the urgent care facility or the emergency room;
n. Failed to sufficiently monitor and re-evaluate a patient who presented to
the emergency department with profound altered mental status and
neurological deficits, as well as signs and symptoms of a stroke;
9
HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
• JURIS NO. 28160
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101
o. Failed to initiate medical therapy to slow progression of the disease until
surgical intervention could be performed; and/or,
p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life
threatening condition.
8. As a result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth was required to undergo emergency brain surgery along with
the associated risks of surgery, a long period of recuperation, physical and occupational therapy,
and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are
permanent in nature.
9. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, the Plaintiff was forced to expend sums of money for hospital and
medical care, therapy, medication and may have to incur additional sums in the future.
10. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth lost time from her employment and lost wages and has suffered
a loss of. earning capacity.
11. As a further result of the negligence and carelessness of the Defendant, its agents,
servants or employees, Elizabeth’s ability to enjoy life’s pleasures was and will be severely
10
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP •ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160
n n
curtailed and diminished.
THIRD COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart
vs. Mark Stevens, PA)
1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut
and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate
Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the
estate of Elizabeth Stewart (“Elizabeth”).
2. At all times relevant herein, the Defendant, Mark D. Stevens, was a physician
assistant working at a walk-in or urgent care clinic affiliated with Saint Mary’s Hospital.
3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman,
was at work and began to experience a severe headache, difficulty speaking clearly and a loss
of balance and was advised to go home for the day. Elizabeth went home and rested.
4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her
mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with Saint
Mary’s Hospital. Elizabeth was seen and evaluated in the walk-in clinic by defendant, Mark D.
Stevens, PA. The history and physical examination by Mark D. Stevens, PA included a chief
complaint of dizziness and loss of sense of taste. However, Dr. Stevens’ differential diagnosis
indicated that Elizabeth was negative for dizziness and he noted that Elizabeth was asymptomatic
11
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160
( N• N
on June 28, 2020. Elizabeth was discharged without a diagnosis or any documented
recommendations for further evaluation or treatment. Elizabeth’s mother immediately took
Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s symptoms
concerned her as they were extraordinarily unusual for Elizabeth and she worried that an
underlying, undiagnosed disease process was taking place.
5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency
room by hospital agents, servants or employees, including Angela Quatrocelli, M.D. Dr.
Quatrocelli’s history and physical examination included a history of balance issues, “falling to
the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’ s
differential diagnosis included an intracranial abnormality but no testing was performed to rule
out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented
recommendations for further evaluation or treatment.
6. On or about June 30, 2020, Elizabeth was transported by ambulance from her
home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by
agents, servants or employees of the hospital. By this time, Elizabeth was not speaking or
moving. Nevertheless, Elizabeth was in the emergency room for over twelve (12) hours before
a neurological evaluation was conducted. A repeat CT scan was performed which enabled the
12
HOWARD, KOF~N SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798 . (860)525-3101 • JURIS NO. 28160
n n
hospital health care providers to diagnose a stroke. Elizabeth was transported by Life Star
helicopter to Saint Francis Hospital in Hartford, Connecticut where she underwent emergency
surgery to open her skull, expose her brain and repair a large left cerebellar infarction.
7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately
caused by the carelessness and negligence of the Defendant, Mark D. Stevens, PA, in one or
more of the following ways, in that the Defendant:
a. Failed to diagnose Elizabeth’s condition;
b. Misdiagnosed Elizabeth’s condition;
c. Failed to conduct adequate and thorough physical examinations;
d. Failed to order and/or evaluate the need for reasonably necessary
diagnostic tests;
e. Failed to conduct an appropriate differential diagnosis so as to
include a stroke;
f. Failed to investigate whether Elizabeth’s symptoms could be
related to a stroke;
g. Failed to appreciate the signs and symptoms of a stroke;
h. Failed to rule out a stroke as a potential cause of Elizabeth’s
13
HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160
n
symptoms;
I. Failed to consider a stroke as Elizabeth’s primary medical problem;
j. Failed to identify a stroke via testing;
k. Failed to conduct a complete neurological examination in a patient with
signs and symptoms of a stroke;
1. Failed to carry out emergent neurological consultation, imaging and
monitoring for a patient with signs and symptoms consistent with a
stroke;
m. Failed to re-evaluate the original diagnosis while Elizabeth
remained in the urgent care facility;
n. Failed to sufficiently monitor and re-evaluate a patient who presented to
the urgent care facility with a history of altered mental status and
neurological deficits, as well as signs and symptoms of a stroke;
o. Failed to initiate medical therapy to slow progression of the disease until
surgical intervention could be performed; and/or,
p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life
threatening condition.
14
HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. B0X261798. HARTFORD, CT 06126-1798. (860)525-3101 . JURIS NO. 28160
(z ~N
8. As a result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth was required to undergo emergency brain surgery along with
the associated risks of surgery, a long period of recuperation, physical and occupational therapy,
and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are
permanent in nature.
9. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, the Plaintiff was forced to expend sums of money for hospital and
medical care, therapy, medication and may have to incur additional sums in the future.
10. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth lost time from her employment and lost wages and has suffered
a loss of earning capacity.
11. As a further result of the negligence and carelessness of the Defendant, its agents,
servants or employees, Elizabeth’s ability to enjoy life’s pleasures was severely curtailed and
diminished.
FOURTH COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart
vs. Middle Connecticut Emergency Physicians, LLC, itsagents, servants and employees)
1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut
and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate
15
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160
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Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the
estate of Elizabeth Stewart (“Elizabeth”).
2. At all times relevant herein, the Defendant, Middle Connecticut Emergency
Physicians, LLC (hereinafter “MCEP”), was a limited liability company organized and existing
under the laws of the State of Connecticut. MCEP employed physicians and other health care
providers who provided medical care and treatment at various health care institutions in the State
of Connecticut, including Saint Mary’s Hospital.
3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman,
was at work and began to experience a severe headache, difficulty speaking clearly and a loss
of balance and was advised to go home for the day. Elizabeth went home and rested.
4. On or about June 28, 2020, Elizabeth continued to experience symptoms and
her mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with the
defendant, Saint Mary’s Hospital. She was evaluated and discharged with a diagnosis of
“history of visual disturbance” and “frequent headaches”. Elizabeth’s mother immediately
took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s symptoms
concerned her as they were extraordinarily unusual for Elizabeth and she worried that an
underlying, undiagnosed disease process was taking place.
16
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 061 26-1 798. (860)525-3101 • JURIS NO.28160
N
5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency
room by Angela Quatrocelli, M.D., an agent, servant or employee of the defendant. Dr.
Quatrocelli’ s history and physical examination included a history of balance issues, “falling to
the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’ s
differential diagnosis included an intracranial abnormality but no testing was performed to rule
out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented
recommendations for further evaluation or treatment.
6. On or about June 30, 2020, Elizabeth was transported by ambulance from her
home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by
agents, servants or employees of the hospital. By this time, Elizabeth was not speaking or
moving. Nevertheless, Elizabeth was in the emergency room for over twelve (12) hours before
a neurological evaluation was conducted. A repeat CT scan was performed which enabled the
hospital health care providers to diagnose a stroke. Elizabeth was transported by Life Star
helicopter to Saint Francis Hospital in Hartford, Connecticut where she underwent emergency
surgery to open her skull, expose her brain and repair a large left cerebellar infarction.
7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately
caused by the carelessness and negligence of the Defendant, its agents, servants or employees,
17
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160
n n
in one or more of the following ways, in that the Defendant:
a. Failed to diagnose Elizabeth’s condition;
b. Misdiagnosed Elizabeth’s condition;
c. Failed to conduct adequate and thorough physical examinations;
d. Failed to order and/or evaluate the need for reasonably necessary
diagnostic tests;
e. Failed to conduct an appropriate differential diagnosis so as to
include a stroke;
f. Failed to investigate whether Elizabeth’s symptoms could be
related to a stroke;
g. Failed to appreciate the signs and symptoms of a stroke;
h. Failed to rule out a stroke as a potential cause of Elizabeth’s
symptoms;
I. Failed to consider a stroke as Elizabeth’s primary medical problem;
j. Failed to identify a stroke via testing;
k. Failed to conduct a complete neurological examination in a patient with
signs and symptoms of a stroke;
18
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160
n
1. Failed to carry out emergent neurological consultation, imaging and
monitoring for a patient with signs and symptoms consistent with a
stroke;
m. Failed to re-evaluate the original diagnosis while Elizabeth
remained in the urgent care facility or the emergency room;
n. Failed to sufficiently monitor and re-evaluate a patient who presented to
the emergency department with a history of altered mental status and
neurological deficits, as well as signs and symptoms of a stroke;
o. Failed to initiate medical therapy to slow progression of the disease until
surgical intervention could be performed; and/or,
p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life
threatening condition.
8. As a result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth was required to undergo emergency brain surgery along with
the associated risks of surgery, a long period of recuperation, physical and occupational therapy,
and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are
permanent in nature.
19
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1 798. (860)525-3101 • JURIS NO. 28160
9. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, the Plaintiff was forced to expend sums of money for hospital and
medical care, therapy, medication and may have to incur additional sums in the future.
10. As a further result of the carelessness and negligence of the Defendant, its agents,
servants or employees, Elizabeth lost time from her employment and lost wages and has suffered
a loss of earning capacity.
11. As a further result of the negligence and carelessness of the Defendant, its agents,
servants or employees, Elizabeth’s ability to enjoy life’s pleasures was severely curtailed and
diminished.
FIFTH COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart
vs. Angela Quatrocelli, M.D.)
1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut
and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate
Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the
estate of Elizabeth Stewart (“Elizabeth”).
2. At all times relevant herein, the Defendant, Saint Mary’s Hospital, Inc., (“Saint
Mary’s Hospital”) was a health care institution with a principal place of business in Waterbury,
Connecticut. Saint Mary’s Hospital held itself out to the general public as capable of providing
20
HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW
237 BUCKINGHAM STREET • P.O. B0X261798• HARTFORD, CT 06126-1798. (860)525-3101
. JURIS NO. 28160
n n
the highest level of medical care to those in need and, in particular, held itself out as a certified
primary stroke center and as providing “award winning” stroke care. At all times relevant herein,
the defendant, Angela Quatrocelli, M.D., was a physician licenced by the State of Connecticut
who held herself out as a specialist in pediatrics and/or pediatric emergency medicine.
3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman,
was at work and began to experience a severe headache, difficulty speaking clearly and a loss
of balance and was advised to go home for the day. Elizabeth went home and rested.
4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her
mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with the
defendant, Saint Mary’s Hospital. She was evaluated and discharged with a diagnosis of
“history of visual disturbance” and “frequent headaches”. Elizabeth’s mother immediately
took Elizabeth
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fl DOCKET NO.: UWY-CV21-6060768-S : SUPERIOR COURT CYNTHIA BROWN, CONSERVATOR : J.D. OF WATERBURY OF THE PERSON AND ESTATE OF ELIZABETH STEWART, CYNTHIA BROWN, INDIVIDUALLY, AND EDWARD STEWART VS. : AT WATERBURY SAINT MARY’S HOSPITAL, INC., ET AL : JANUARY 19, 2022 REVISED COMPLAINT FIRST COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart vs. Saint Mary’s Hospital, Inc.) 1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the estate of Elizabeth Stewart (“Elizabeth”). 2. At all times relevant herein, the Defendant, Saint Mary’s Hospital, Inc., (“Saint Mary’s Hospital”) was a health care institution with a principal place of business in Waterbury, Connecticut. Saint Mary’s Hospital held itself out to the general public as capable of providing the highest level of medical care to those in need and, in particular, held itself out as a certified primary stroke center and as providing “award winning” stroke care. 1 HOWARD, KO~1N SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n 3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman, was at work and began to experience a severe headache, difficulty speaking clearly and a loss of balance and was advised to go home for the day. Elizabeth went home and rested. 4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her mother took her to a walk-in clinic owned, operated by andJor otherwise affiliated with the defendant, Saint Mary’s Hospital. She was evaluated by Mark Stevens, P.A. and discharged with a diagnosis of “history of visual disturbance” and “frequent headaches”. Elizabeth’s mother immediately took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s symptoms concerned her as they were extraordinarily unusual for Elizabeth and she worried that an underlying, undiagnosed disease process was taking place. 5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency room by hospital agents, servants or employees, including Angela Quatrocelli, M.D. Dr. Quatrocelli’s history and physical examination included a history of balance issues, “falling to the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’s differential diagnosis included an intracranial abnormality but no testing was performed to rule out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented recommendations for further evaluation or treatment. 2 HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n n 6. On or about June 30, 2020, Elizabeth was transported by ambulance from her home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by agents, servants or employees of the hospital including, but not limited to Sarah Garceau, P.A. and Dylan Stempel, P.A.. By this time, Elizabeth was not speaking or moving. Nevertheless, Elizabeth was in the emergency room for over twelve (12) hours before a neurological evaluation was conducted. A repeat CT scan was performed which enabled the hospital health care providers to diagnose a stroke. Elizabeth was transported by Life Star helicopter to Saint Francis Hospital in Hartford, Connecticut where she underwent emergency surgery to open her skull, expose her brain and repair a large left cerebellar infarction. 7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately caused by the carelessness and negligence of Saint Mary’s Hospital, its agents, servants or employees, in one or more of the following ways, in that the Defendant: a. Failed to diagnose Elizabeth’s condition; b. Misdiagnosed Elizabeth’s condition; c. Failed to conduct adequate and thorough physical examinations; d. Failed to order and/or evaluate the need for reasonably necessary diagnostic tests; 3 HOWARD, KaHN SPRAGUE & FITZGERALD, LLP •ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860)525-3101 JURIS NO. 28160 n e. Failed to conduct an appropriate differential diagnosis so as to include a stroke; f. Failed to investigate whether Elizabeth’s symptoms could be related to a stroke; g. Failed to appreciate the signs and symptoms of a stroke; h. Failed to rule out a stroke as a potential cause of Elizabeth’s symptoms; I. Failed to consider a stroke as Elizabeth’s primary medical problem; j. Failed to identify a stroke via testing; k. Failed to conduct a complete neurological examination in a patient with signs and symptoms of a stroke; 1. Failed to carry out emergent neurological consultation, imaging and monitoring for a patient with signs and symptoms consistent with a stroke; m. Failed to re-evaluate the original diagnosis while Elizabeth remained in the urgent care facility or the emergency room; n. Failed to sufficiently monitor and re-evaluate a patient who presented to 4 HOWARD, K0HN SPRAGUE & FITZGERALD, LLP •ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n n the emergency department with profound altered mental status and neurological deficits, as well as signs and symptoms of a stroke; o. Failed to initiate medical therapy to slow progression of the disease until surgical intervention could be performed; and/or, p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life threatening condition. 8. As a result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth was required to undergo emergency brain surgery along with the associated risks of surgery, a long period of recuperation, physical and occupational therapy, and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are permanent in nature. 9. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, the Plaintiff was forced to expend sums of money for hospital and medical care, therapy, medication and may have to incur additional sums in the future. 10. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth lost time from her employment and lost wages and has suffered a loss of earning capacity. 5 HOWARD, K0RN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160 n 11. As a further result of the negligence and carelessness of the Defendant, its agents, servants or employees, Elizabeth’s ability to enjoy life’s pleasures was and will be severely curtailed and diminished. SECOND COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart vs. Trinity Health of New England Corporation, Inc.) 1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the estate of Elizabeth Stewart (“Elizabeth”). 2. At all times relevant herein, the Defendant, Trinity Health of New England Corporation, Inc. (“Trinity Health”) was a corporation organized and existing under the laws of the State of Connecticut which owned, managed and/or operated a health care institution known as Saint Mary’s Hospital that had a principal place of business in Waterbury, Connecticut. Saint Mary’s Hospital held itself out to the general public as capable of providing the highest level of medical care to those in need and, in particular, held itself out as a certified primary stroke center and as providing “award winning” stroke care. 3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman, was at work and began to experience a severe headache, difficulty speaking clearly and a loss 6 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160 n n of balance and was advised to go home for the day. Elizabeth went home and rested. 4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with the defendant, Trinity Health. She was evaluated by Mark Stevens, P.A. and discharged with a diagnosis of “history of visual disturbance” and “frequent headaches”. Elizabeth’s mother immediately took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s symptoms concerned her as they were extraordinarily unusual for Elizabeth and she worried that an underlying, undiagnosed disease process was taking place. 5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency room by the defendant’s agents, servants or employees, including Angela Quatrocelli, M.D. Dr. Quatrocelli’ s history and physical examination included a history of balance issues, “falling to the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’s differential diagnosis included an intracranial abnormality but no testing was performed to rule out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented recommendations for further evaluation or treatment. 6. On or about June 30, 2020, Elizabeth was transported by ambulance from her home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by 7 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n fl agents, servants or employees of the defendant including, but not limited to Sarah Garceau, P.A. and Dylan Stempel, P.A.. By this time, Elizabeth was not speaking or moving. Nevertheless, Elizabeth was in the emergency room for over twelve (12) hours before a neurological evaluation was conducted. A repeat CT scan was performed which enabled the hospital health care providers to diagnose a stroke. Elizabeth was transported by Life Star helicopter to Saint Francis Hospital in Hartford, Connecticut where she underwent emergency surgery to open her skull, expose her brain and repair a large left cerebellar infarction. 7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately caused by the carelessness and negligence of Trinity Health, its agents, servants or employees, in one or more of the following ways, in that the Defendant: a. Failed to diagnose Elizabeth’s condition; b. Misdiagnosed Elizabeth’s condition; c. Failed to conduct adequate and thorough physical examinations; d. Failed to order and/or evaluate the need for reasonably necessary diagnostic tests; e. Failed to conduct an appropriate differential diagnosis so as to include a stroke; 8 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 061 26~1 798. (860)525-3101 • JURIS NO. 28160 n n f. Failed to investigate whether Elizabeth’s symptoms could be related to a stroke; g. Failed to appreciate the signs and symptoms of a stroke; h. Failed to rule out a stroke as a potential cause of Elizabeth’s symptoms; I. Failed to consider a stroke as Elizabeth’s primary medical problem; j. Failed to identify a stroke via testing; k. Failed to conduct a complete neurological examination in a patient with signs and symptoms of a stroke; 1. Failed to carry out emergent neurological consultation, imaging and monitoring for a patient with signs and symptoms consistent with a stroke; m. Failed to re-evaluate the original diagnosis while Elizabeth remained in the urgent care facility or the emergency room; n. Failed to sufficiently monitor and re-evaluate a patient who presented to the emergency department with profound altered mental status and neurological deficits, as well as signs and symptoms of a stroke; 9 HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW • JURIS NO. 28160 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 o. Failed to initiate medical therapy to slow progression of the disease until surgical intervention could be performed; and/or, p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life threatening condition. 8. As a result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth was required to undergo emergency brain surgery along with the associated risks of surgery, a long period of recuperation, physical and occupational therapy, and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are permanent in nature. 9. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, the Plaintiff was forced to expend sums of money for hospital and medical care, therapy, medication and may have to incur additional sums in the future. 10. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth lost time from her employment and lost wages and has suffered a loss of. earning capacity. 11. As a further result of the negligence and carelessness of the Defendant, its agents, servants or employees, Elizabeth’s ability to enjoy life’s pleasures was and will be severely 10 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP •ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160 n n curtailed and diminished. THIRD COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart vs. Mark Stevens, PA) 1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the estate of Elizabeth Stewart (“Elizabeth”). 2. At all times relevant herein, the Defendant, Mark D. Stevens, was a physician assistant working at a walk-in or urgent care clinic affiliated with Saint Mary’s Hospital. 3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman, was at work and began to experience a severe headache, difficulty speaking clearly and a loss of balance and was advised to go home for the day. Elizabeth went home and rested. 4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with Saint Mary’s Hospital. Elizabeth was seen and evaluated in the walk-in clinic by defendant, Mark D. Stevens, PA. The history and physical examination by Mark D. Stevens, PA included a chief complaint of dizziness and loss of sense of taste. However, Dr. Stevens’ differential diagnosis indicated that Elizabeth was negative for dizziness and he noted that Elizabeth was asymptomatic 11 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160 ( N• N on June 28, 2020. Elizabeth was discharged without a diagnosis or any documented recommendations for further evaluation or treatment. Elizabeth’s mother immediately took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s symptoms concerned her as they were extraordinarily unusual for Elizabeth and she worried that an underlying, undiagnosed disease process was taking place. 5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency room by hospital agents, servants or employees, including Angela Quatrocelli, M.D. Dr. Quatrocelli’s history and physical examination included a history of balance issues, “falling to the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’ s differential diagnosis included an intracranial abnormality but no testing was performed to rule out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented recommendations for further evaluation or treatment. 6. On or about June 30, 2020, Elizabeth was transported by ambulance from her home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by agents, servants or employees of the hospital. By this time, Elizabeth was not speaking or moving. Nevertheless, Elizabeth was in the emergency room for over twelve (12) hours before a neurological evaluation was conducted. A repeat CT scan was performed which enabled the 12 HOWARD, KOF~N SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798 . (860)525-3101 • JURIS NO. 28160 n n hospital health care providers to diagnose a stroke. Elizabeth was transported by Life Star helicopter to Saint Francis Hospital in Hartford, Connecticut where she underwent emergency surgery to open her skull, expose her brain and repair a large left cerebellar infarction. 7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately caused by the carelessness and negligence of the Defendant, Mark D. Stevens, PA, in one or more of the following ways, in that the Defendant: a. Failed to diagnose Elizabeth’s condition; b. Misdiagnosed Elizabeth’s condition; c. Failed to conduct adequate and thorough physical examinations; d. Failed to order and/or evaluate the need for reasonably necessary diagnostic tests; e. Failed to conduct an appropriate differential diagnosis so as to include a stroke; f. Failed to investigate whether Elizabeth’s symptoms could be related to a stroke; g. Failed to appreciate the signs and symptoms of a stroke; h. Failed to rule out a stroke as a potential cause of Elizabeth’s 13 HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n symptoms; I. Failed to consider a stroke as Elizabeth’s primary medical problem; j. Failed to identify a stroke via testing; k. Failed to conduct a complete neurological examination in a patient with signs and symptoms of a stroke; 1. Failed to carry out emergent neurological consultation, imaging and monitoring for a patient with signs and symptoms consistent with a stroke; m. Failed to re-evaluate the original diagnosis while Elizabeth remained in the urgent care facility; n. Failed to sufficiently monitor and re-evaluate a patient who presented to the urgent care facility with a history of altered mental status and neurological deficits, as well as signs and symptoms of a stroke; o. Failed to initiate medical therapy to slow progression of the disease until surgical intervention could be performed; and/or, p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life threatening condition. 14 HOWARD, KaHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. B0X261798. HARTFORD, CT 06126-1798. (860)525-3101 . JURIS NO. 28160 (z ~N 8. As a result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth was required to undergo emergency brain surgery along with the associated risks of surgery, a long period of recuperation, physical and occupational therapy, and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are permanent in nature. 9. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, the Plaintiff was forced to expend sums of money for hospital and medical care, therapy, medication and may have to incur additional sums in the future. 10. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth lost time from her employment and lost wages and has suffered a loss of earning capacity. 11. As a further result of the negligence and carelessness of the Defendant, its agents, servants or employees, Elizabeth’s ability to enjoy life’s pleasures was severely curtailed and diminished. FOURTH COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart vs. Middle Connecticut Emergency Physicians, LLC, itsagents, servants and employees) 1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate 15 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n fl Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the estate of Elizabeth Stewart (“Elizabeth”). 2. At all times relevant herein, the Defendant, Middle Connecticut Emergency Physicians, LLC (hereinafter “MCEP”), was a limited liability company organized and existing under the laws of the State of Connecticut. MCEP employed physicians and other health care providers who provided medical care and treatment at various health care institutions in the State of Connecticut, including Saint Mary’s Hospital. 3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman, was at work and began to experience a severe headache, difficulty speaking clearly and a loss of balance and was advised to go home for the day. Elizabeth went home and rested. 4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with the defendant, Saint Mary’s Hospital. She was evaluated and discharged with a diagnosis of “history of visual disturbance” and “frequent headaches”. Elizabeth’s mother immediately took Elizabeth to the emergency room at Saint Mary’s Hospital because Elizabeth’s symptoms concerned her as they were extraordinarily unusual for Elizabeth and she worried that an underlying, undiagnosed disease process was taking place. 16 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 061 26-1 798. (860)525-3101 • JURIS NO.28160 N 5. On or about June 28, 2020, Elizabeth was seen and evaluated in the emergency room by Angela Quatrocelli, M.D., an agent, servant or employee of the defendant. Dr. Quatrocelli’ s history and physical examination included a history of balance issues, “falling to the left”, a headache, dizziness, blurred vision, and slurred and garbled speech. Dr. Quatrocelli’ s differential diagnosis included an intracranial abnormality but no testing was performed to rule out a blood clot or stroke. Elizabeth was discharged without a diagnosis or any documented recommendations for further evaluation or treatment. 6. On or about June 30, 2020, Elizabeth was transported by ambulance from her home to the emergency room at Saint Mary’s Hospital where she was seen and evaluated by agents, servants or employees of the hospital. By this time, Elizabeth was not speaking or moving. Nevertheless, Elizabeth was in the emergency room for over twelve (12) hours before a neurological evaluation was conducted. A repeat CT scan was performed which enabled the hospital health care providers to diagnose a stroke. Elizabeth was transported by Life Star helicopter to Saint Francis Hospital in Hartford, Connecticut where she underwent emergency surgery to open her skull, expose her brain and repair a large left cerebellar infarction. 7. The injuries, losses and damages suffered by Elizabeth Stewart were proximately caused by the carelessness and negligence of the Defendant, its agents, servants or employees, 17 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798. HARTFORD, CT 06126-1798. (860) 525-3101 • JURIS NO. 28160 n n in one or more of the following ways, in that the Defendant: a. Failed to diagnose Elizabeth’s condition; b. Misdiagnosed Elizabeth’s condition; c. Failed to conduct adequate and thorough physical examinations; d. Failed to order and/or evaluate the need for reasonably necessary diagnostic tests; e. Failed to conduct an appropriate differential diagnosis so as to include a stroke; f. Failed to investigate whether Elizabeth’s symptoms could be related to a stroke; g. Failed to appreciate the signs and symptoms of a stroke; h. Failed to rule out a stroke as a potential cause of Elizabeth’s symptoms; I. Failed to consider a stroke as Elizabeth’s primary medical problem; j. Failed to identify a stroke via testing; k. Failed to conduct a complete neurological examination in a patient with signs and symptoms of a stroke; 18 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1798. (860)525-3101 • JURIS NO. 28160 n 1. Failed to carry out emergent neurological consultation, imaging and monitoring for a patient with signs and symptoms consistent with a stroke; m. Failed to re-evaluate the original diagnosis while Elizabeth remained in the urgent care facility or the emergency room; n. Failed to sufficiently monitor and re-evaluate a patient who presented to the emergency department with a history of altered mental status and neurological deficits, as well as signs and symptoms of a stroke; o. Failed to initiate medical therapy to slow progression of the disease until surgical intervention could be performed; and/or, p. Failed to involve specialists to diagnose and/or treat Elizabeth’s life threatening condition. 8. As a result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth was required to undergo emergency brain surgery along with the associated risks of surgery, a long period of recuperation, physical and occupational therapy, and physical and emotional pain and suffering. Some or all of Elizabeth’s injuries are permanent in nature. 19 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. BOX 261798 • HARTFORD, CT 06126-1 798. (860)525-3101 • JURIS NO. 28160 9. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, the Plaintiff was forced to expend sums of money for hospital and medical care, therapy, medication and may have to incur additional sums in the future. 10. As a further result of the carelessness and negligence of the Defendant, its agents, servants or employees, Elizabeth lost time from her employment and lost wages and has suffered a loss of earning capacity. 11. As a further result of the negligence and carelessness of the Defendant, its agents, servants or employees, Elizabeth’s ability to enjoy life’s pleasures was severely curtailed and diminished. FIFTH COUNT (Cynthia Brown, Conservator of the Person and Estate of Elizabeth Stewart vs. Angela Quatrocelli, M.D.) 1. The plaintiff, Cynthia Brown, is a resident of the City of Waterbury, Connecticut and the mother of Elizabeth Stewart. On or about October 20, 2020, the Waterbury Probate Court, Probate District PD2O, appointed Cynthia Brown conservator of the person and of the estate of Elizabeth Stewart (“Elizabeth”). 2. At all times relevant herein, the Defendant, Saint Mary’s Hospital, Inc., (“Saint Mary’s Hospital”) was a health care institution with a principal place of business in Waterbury, Connecticut. Saint Mary’s Hospital held itself out to the general public as capable of providing 20 HOWARD, KOHN SPRAGUE & FITZGERALD, LLP • ATTORNEYS-AT-LAW 237 BUCKINGHAM STREET • P.O. B0X261798• HARTFORD, CT 06126-1798. (860)525-3101 . JURIS NO. 28160 n n the highest level of medical care to those in need and, in particular, held itself out as a certified primary stroke center and as providing “award winning” stroke care. At all times relevant herein, the defendant, Angela Quatrocelli, M.D., was a physician licenced by the State of Connecticut who held herself out as a specialist in pediatrics and/or pediatric emergency medicine. 3. On or about June 27, 2020, Elizabeth, a healthy eighteen (18) year old woman, was at work and began to experience a severe headache, difficulty speaking clearly and a loss of balance and was advised to go home for the day. Elizabeth went home and rested. 4. On or about June 28, 2020, Elizabeth continued to experience symptoms and her mother took her to a walk-in clinic owned, operated by and/or otherwise affiliated with the defendant, Saint Mary’s Hospital. She was evaluated and discharged with a diagnosis of “history of visual disturbance” and “frequent headaches”. Elizabeth’s mother immediately took Elizabeth