Case Number:21-003255-CI

Filing # 129854150 E-Filed 06/30/2021 [Link] PM

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

CHAD ERIC GERLAUGH, JOY MARIE

GERI-AUGH, AND SCOTT GERALD GERLAUGH,

Plaintiffs,

Case No.:

VS.

CHRISTOPHER MICHAEL SHERMAN, M.D.;

ADVANCED UROLOGY INSTITUTE, LLC,
a Florida Limited Liability Company;

MARK EDWARD KELLY, M.D.;

GREATER FLORIDA ANESTHESIOLOGISTS, LLC,
a Florida Limited Liability Company;

SHEA MICHAEL ECKARDT, M.D.;

BAY AREA CHEST PHYSICIANS, P.A.,
a Florida Profit Corporation; MORTON PLANT HOSPITAL
ASSOCIATION,INC.,
a Florida Corporation a/Ida MORTON PLANT
HOSPITAL; and
BAYCARE HEALTH SYSTEM, INC., a Florida Corporation
d/b/a MORTON PLANT HOSPITAL ASSOCIATION, INC.

Defendants.

MEDICAL NEGLIGENCE COMPLAINT

Plaintiffs, CHAD ERIC GERI-AUGH, JOY MARIE GERLAUGH, and SCOTT

GERALD GERLAUGH, sue Defendants, CHRISTOPHER MICHAEL SHERMAN, M.D.;

ADVANCED UROLOGY INSTITUTE, LLC, a Florida Limited Liability Company; MARK

EDWARD KELLY, M.D.; GREATER FLORIDA ANESTHESIOLOGISTS, LLC, a Florida

Limited Liability Company; SHEA MICHAEL ECKARDT, M.D.; BAY AREA CHEST

PHYSICIANS, P.A., a Florida Profit Corporation; MORTON PLANT HOSPITAL

***ELECTRONICALLYFILED 06/30/2021 [Link] PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
ASSOCIATION, INC., a Florida Corporation a/\ila MORTON PLANT HOSPITAL;

BAYCARE HEALTH SYSTEM, INC., a Florida Corporation d/b/a MORTON PLANT

HOSPITAL ASSOCIATION, INC., and state as follows:

GENERAL ALLEGATIONS

1. This is an action for damages in excess of Thirty Thousand Dollars

($30,000.00) exclusive of interests, costs, and attorneys' fees.

2. All claims are made pursuant to legal authority or rights including, but not

limited to, Chapter 766 Medical Negligence, Florida Statutes, and any and all conditions

precedent to the institution of this action have been performed, satisfied, or have

occurred.

3. Pursuant to Section 766.104, Florida Statutes, reasonable

a investigation

has been conducted as to the matters alleged herein and it has been determined that

there are grounds for a good faith belief that there was negligence in the care and

treatment of Plaintiff, CHAD ERIC GERLAUGH, and that grounds exist for the filing of this

action against the named Defendants herein.

4. At all material times, Plaintiff, CHAD ERIC GERLAUGH, (hereinafter

referred to as 'CHAD GERLAUGH") whose date of birth is September 2, 1978, was a

patient of the Defendant providers named herein and resided with his natural parents and

caregivers, Plaintiff, JOY MARIE GERLAUGH (hereinafter referred to as "JOY

GERLAUGH") and Plaintiff, SCOTT GERALD GERI-AUGH (hereinafter referred to as

"SCOTT GERLAUGH") when the subject medical negligence occurred on or about April

9, 2019, and thereafter in Pinellas County, Florida.

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 5. At all material times, Defendant, CHRISTOPHER MICHAEL SHERMAN,

M.D., (hereinafter referred to as "DR. SHERMAN") is a physician and urologist licensed

to practice medicine in the State of Florida.

6. At all material times, DR. SHERMAN was an owner, employee, agent or

representative of ADVANCED UROLOGY INSTITUTE, LLC, acting with consent and

within the course and scope of his employment, agency or representation.

7. At all material times, Defendant, ADVANCED UROLOGY INSTITUTE, LLC,

was a Florida Limited Liability Company, with its principal place of business in Oxford,

Sumter County, Florida, which contracted with Defendant HOSPITAL and/or associated

with the Defendant, BAYCARE HEALTH SYSTEM, INC.'s health system, hospital group

and/or network of hospitals to provide comprehensive medical care to patients.

8. At all material times, Defendant, MARK EDWARD KELLY, M.D.,

(hereinafter referred to as "DR. KELLY") is a physician licensed anesthesiologist to

practice medicine in the State of Florida.

9. At all material times, Defendant, GREATER FLORIDA

ANESTHESIOLOGISTS, LLC, was a Florida Limited Liability Company, with its principal

place of business in Plantation, Broward County, Florida, which contracted with

Defendant, MORTON PLANT HOSPITAL and/or associated with the Defendant,

BAYCARE HEALTH SYSTEM, INC.'s health system, hospital group and/or network of

hospitals to provide comprehensive medical care to patients.

10. At all material times, DR. KELLY was an employee, agent or representative of

GREATER FLORIDA ANESTHESIOLOGISTS, LLC, acting with consent and within the

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course and scope of his employment, agency or representation.

11. At all material times, Defendant, SHEA MICHAEL ECKARDT, M.D.,

(hereinafter referred to as "DR. ECKARDT") is a physician and critical care (intensivist)

physician licensed to practice medicine in the State of Florida.

12. At all material times, Defendant, BAY AREA CHEST PHYSICIANS, P.A.,

was a Florida Profit Corporation, with its principal place of business in Clearwater,

Pinellas County, Florida, contractedwith Defendant, MORTON PLANT HOSPITAL and/or

associated with the Defendant, BAYCARE HEALTH SYSTEM, INC.'s health system,

hospital group and/or network of hospitals to provide comprehensive medical care to

patients.

13. At all material times, DR. ECKARDT was an owner, employee, agent or

representative of BAY AREA CHEST PHYSICIANS, P.A. acting with consent and within

the course and scope of his employment, agency or representation.

14. At all material times, Defendant, MORTON PLANT HOSPITAL

ASSOCIATION, INC., was a Florida Corporation, also known as MORTON PLANT

HOSPITAL (hereinafter referred to as "Defendant HOSPITAL") with its principal place of

business in Clearwater, Pinellas County, Florida, which provided comprehensive medical

care and hospitalization to patients.

15. At all material times, Defendant, BAYCARE HEALTH SYSTEM, INC., was

a Florida Corporation,doing business as MORTON PLANT HOSPITAL ASSOCIATION,

INC., (hereinafter referred to as "BAYCARE") with its principal place of business in

Clearwater, Pinellas County, Florida, which provided comprehensive medical care to

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patients, including CHAD GERIAUGH, by policy, procedure or a legal relationship or

association with Defendant HOSPITAL.

16. On or about October 2,1998, Chad Gerlaugh sustained a spinal cord injury
from a prior motor vehicle collision and had paraplegia. His bladder was managed with a

chronic suprapubic tube and he had a history of kidney stones which necessitated

multiple prior procedures for stone removal and preventive efforts with medical

management.

17. In January of 2019, CHAD GERLAUGH developed an ureteral stone and

received treatment for stone removal. He subsequently saw DR. SHERMAN for

management of kidney stones. On February 12, 2019, he underwent shockwave

Iithotripsy (SWL) for kidney stones. The procedure was unable to clear his stones, so he

underwent a ureteroscopy with laser Iithotripsy (URS) and right ureteral stent exchange

on March 5,2019, with Dr. Sherman. His stent was removed a few days later. On or about

March 16, 2019, he had an emergency room visit due to a left sided stone with a URS

and stent placement with the stent being subsequently removed.

18. On April 9, 2019, CHAD GERLAUGH presented to Defendant HOSPITAL

to have bilateral URS performed by DR. SHERMAN, for treatment and management of

bilateral renal stones. Stents were placed bilaterally and CHAD GERI-AUGH was sent to

the recovery room. While and during the procedure in the operating room, CHAD

GERI-AUGH became hypotensive. After the procedure, CHAD GERLAUGH was then

transferred to the post-anesthesia care unit (PACU), where his blood pressure rapidly and

persistently dropped with CHAD GERLAUGH becoming dangerously hypotensive. In

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addition to CHAD GERLAUGH's hypotensive state he additionally presented with

abnormal vital signs, including abnormal heart rates, abnormal respirations and fever.

19. CHAD GERI-AUGH became septic and his condition progressed into life-

threating septic shock requiring critical care management during his hospital course.

CHAD GERLAUGH's ongoing septic shock with the use of vasopressors resulted in a

cardiac arrest and bilateral lower Iimb and bilateral upper Iimb amputations.

COUNTI
(Medical Negligence against Dr. Sherman)

20. Plaintiff, CHAD GERLAUGH, realleges paragraphs one (1) through

nineteen (19) as set forth fully herein.

21. On or about April 9, 2019, at approximately 8:35 a.m. DR. SHERMAN, a

urologist, performed bilateral uroscopy surgery for removal of kidney stones and bilateral

stent placement on CHAD GERI-AUGH. Before the surgery DR. SHERMAN did not

perform any test, including, urinalysis, on CHAD GERLAUGH to determine if he had any

ongoing infection.

22. At approximately 9:58 a.m. on April 9, 2019, CHAD GERI-AUGH was

transferred from the operating room to the post anesthesia care unit (PACU). Thereafter,

DR. SHERMAN was called by the nursing staff and DR. SHERMAN went to CHAD

GERI-AUGH'S bedside in the PACU where he consulted with DR. KELLY, the

anesthesiologist, about CHAD GERLAUGH'S condition.

23. The actions and/or inactions by DR. SHERMAN were negligent and fell

below the prevailing professional standard of care for one or more of following:

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 a. Failing to adequately and properly manage Mr. Gerlaugh's treatment and

care, as he required four stone procedures for his right renal and ureteral stones in a 3-

4-month period of time. Given the moderate burden of stones, this is an excessive number

of procedures to manage his stone burden.

b. Failing to adequately and properly provide and use alternative procedures

that should have been utilized to render Mr. Gerlaugh stone free before the April 9, 2019

surgery, thus precluding the need for the procedure that resulted in his septic shock.

C. Failing to adequately and properly treat for infection in a patient at high risk

for septic complication of kidney stone surgery, such as Mr. Gerlaugh, when strict efforts

at infection prevention are critical and were not adhered to in this case.

d. Failing to take, order and/or utilize appropriate urine samples for culture that

should have routinely been obtained from both Mr. Gerlaugh's bladder and renal pelvis

during surgery, so as to identify any bacteria that could require treatment and or

prophylaxis before a procedure and to identify bacteria that may only be isolated from

one anatomic site, such as the kidney.

e. Failing to take, order and/or utilize appropriate urine culture which should

have been obtained from the suprapubic tube in the 7-14 days before surgery, so as to

identify any bacteria that could require treatment and or prophylaxis before a procedure.

f. Failing to adequately and properly treat and manage Mr. Gerlaugh's

medical care by placing him on prophylactic antibiotics for several days prior to surgery

and considering admission to the hospital for pre-operative IV antibiotics, prior to surgery.

That was not adhered to in this case.

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 g. Failing to adequately and properly treat and manage the patient under the

circumstances of obstructing ureteral stones and potentially infected urine, as was the

case on April 9, 2019, the standard of care is to place a ureteral stent, determine if the

patient has a UTI, treat the UTI and then definitively manage the stones at a later time.

That was not adhered to in this case and falls below the standard of care.

h. Generally failing to adequately and properly treat, care and manage the

patient's stone prevention with more vigorous efforts that were required under the

circumstances, so as to reduce the total burden of stones and frequency of stone related

events. Such management was not properly performed in this case and falls below the

standard of care.

24. DR. SHERMAN'S care and treatment of the patient, CHAD GERLAUGH

was negligent and represented a breach of the prevailing professional standard of care

as a health care provider or breached that level of care, skill, and treatment which, in light

of all relevant surrounding circumstances, is recognized as acceptable and appropriate

by reasonably prudent similar health care providers and his negligence caused or

contributed to injuries and damages to CHAD GERLAUGH.

25. As a result of Defendants' medical negligence, CHAD GERLAUGH,

suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental

anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and

nursing care and treatment, loss of earnings, loss of ability to earn money, and

aggravation of a previously existing condition. The losses to Plaintiff, CHAD ERIC

GERLAUGH are permanent and continuing.

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 WHEREFORE, Plaintiff, CHAD ERIC GERLAUGH, demands judgment for

damages against Defendant, CHRISTOPHER MICHAEL SHERMAN, M.D., together with

costs and interest. Plaintiff demands a trial by jury on all issues.

COUNT il

(Vicarious Superior of
Advanced Urology Institute, LLC)

26. Plaintiff, CHAD GERI-AUGH, realleges paragraphs one (1) through twenty-

five (25) as set forth fully herein.

27. ADVANCED UROLOGY INSTITUTE, LLC is liable for the tortious conduct

(medical negligence) of DR. SHERMAN as an owner, employee, agent, or representative

by and under vicarious liability or the doctrine of respondent superior.

WHEREFORE, Plaintiff, CHAD ERIC GERLAUGH demands judgment for

damages against Defendant, MARK EDWARD KELLY, M.D., together with costs and

interest. Plaintiff demands a trial by jury on all issues.

COUNT Ill
(Medical Negligence against Dr. Kelly)

28. Plaintiff, CHAD GERLAUGH, realleges paragraphs one (1) through twenty-

seven (27) as set forth fully herein.

29. On or about April 9, 2019, at approximately 8:35 a.m. DR. KELLY, an

anesthesiologist performed an anesthesia evaluation and anesthesia during a procedure

for bilateral uroscopy surgery for removal of kidney stones from CHAD GERI-AUGH.

30. After the procedure CHAD GERLAUGH was transferred from the operating

room to the post anesthesia care unit (PACU) where DR. KELLY was the anesthesiologist

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in charge over the care and treatment of CHAD GERLAUGH while he was in the PACU.

DR. KELLY knew or should have known about CHAD GERLAUGH'S declining and

persistentdrop in blood pressure (hypotensive)decline with the aforementioned abnormal

vital signs and negligently failed to timely, properly and adequately treat and care for

CHAD GERI-AUGH'S septic condition.

31. The actions and/or inactions by DR. KELLY was negligent and fell below

the prevailing professional standard of care for one or more of following:

a. Failure to recognize septic shock;

b. Failure to respond in a timely manner to the nurse's notification of

hypotension;

C. Failure to order appropriate labs and antibiotics;

d. Failure to see the patient after 1145 hrs. and follow up on the patient's

response to bolus neosynephrine to treat recurrent hypotension which began again at

1415 hrs.; and/or

e. Generally, failing to properly treat and care for the patient under the

circumstances.

32. DR. KELLY'S care and treatment of the patient, CHAD GERLAUGH was

negligent and represented a breach of the prevailing professional standard of care as a

health care provider or breached that level of care, skill, and treatment which, in light of

all relevant surrounding circumstances, is recognized as acceptable and appropriate by

reasonably prudent similar health care providers and his negligence caused or

contributed to injuries and damages to CHAD GERLAUGH.

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 33. As a result of Defendants' medical negligence, CHAD GERLAUGH,

suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental

anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and

nursing care and treatment, loss of earnings, loss of ability to earn money, and

aggravation of a previously existing condition. The losses to Plaintiff, CHAD ERIC

GERI-AUGH are permanent and continuing.

WHEREFORE, Plaintiff, CHAD ERIC GERI-AUGH demands judgment for

damages against Defendant, MARK EDWARD KELLY, M.D., together with costs and

interest. Plaintiff demands a trial by jury on all issues.

COUNT IV
(Vicarious Superior of
Greater Florida Anesthesiologists, LLC)

34. Plaintiff, CHAD GERLAUGH, realleges paragraphs one (1) through thirty-

three (33) as set forth fully herein.

35. GREATER FLORIDA ANESTHESIOLOGIST, LLC is liable for the tortious

conduct (medical negligence) of DR. KELLY as an owner, employee, agent, or

representative by and under vicarious liability or the doctrine of respondent superior.

WHEREFORE, Plaintiff, CHAD ERIC GERLAUGH demands judgment for

damages against Defendant, GREATER FLORIDA ANESTHESIOLOGIST, LLC,

together with costs and interest. Plaintiff demands a trial by jury on all issues.

COUNT V
(Medical Negligence against Dr. Eckardt)

36. Plaintiff, CHAD GERLAUGH, realleges paragraphs one (1) through thirty-

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five (35) as set forth fully herein.

37. DR. ECKARDT, a critical care physician was consulted by DR. KELLY for

critical care evaluation and treatment of CHAD GERLAUGH and for transfer from the

PACU to the Intensive Care Unit (ICU) after the said procedure for bilateral uroscopy

surgery for removal of kidney stones from CHAD GERLAUGH.

38. DR. ECKARDT was made aware of declining and persistent drop in blood

pressure (hypotensive) decline with the aforementioned abnormal vital signs and

negligently failed to timely, properly and adequately treat and care for CHAD

GERLAUGH'S septic condition.

39. At all material times, Defendant, DR. ECKARDT had a duty to Plaintiff to

treat, observe, and otherwise provide the proper medical care in accordance with the

standards recognized as acceptable and approved by reasonably prudent similar health

care providers as necessary in light of all relevant surrounding circumstances.

40. Defendant, DR. ECKARDT was negligent thereby failing to use the

acceptable and appropriate level of skill, care, and treatment which is recognized by

reasonably prudent similar health care providers as necessary in light of all the relevant

surrounding circumstances by negligently failing to do one or more of the following:

a. Failing to adequately assess with timely and treatment for the Patient's

declining medical condition post operatively after the patient'sdeclining medical condition

evidenced by deteriorating abnormal vitals, he became hypotensive and septic;

b. Failing to provide the level of medical attention and care warranted by the

Patient's medical condition, signs, and symptoms by performing thorough, timely,

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effective and sufficient risk assessments of the Patient once he was consulted in the

PACU and eventually the ICU;

C. Failing to properly recognize, diagnose and treat the Patient with persistent

hypotension especially once fever developed by not implementing aggressive medical

management and care by promptly administering antibiotics, instead there was a

significantdelay with the administration of antibiotic therapy;

d. Failing to timely and appropriately recognize and administerthe appropriate

medication and fluids when the patient remained tachycardic and the hypotension

continued with mean arterial pressure as low as 36, well below a level to perfuse his vital

organs.

e. Failing to timely and appropriately order and implement diagnostic

evaluations, documentation with source control and treatment options, by providing

urgent critical care including timely request for consults with specialists or more qualified

specialists to consider the appropriate course of diagnostic, medical and therapeutic care

for the Patient;

f. Failing to timely, adequately, and properly treat CHAD GERLAUGH, whose

symptoms and condition presented with severe hypotension, septic shock, respiratory

hypoxia, and Iimb ischemia, causing or contributing significantly to CHAD GERI-AUGH's

cardiac arrest and Iimb extremity amputations.

g. Failing to timely and adequately intubate the Patient based on his

hemodynamic and respiratory instability and possible organ failures to prevent him from

suffering hypoxemia that culminated in a cardiac arrest;

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 h. Generally failing to adequately and properly treat, care and manage CHAD

GERLAUGH's symptoms and worsening health condition.

41. DR. ECKARDT'S care and treatment of the patient, CHAD GERI-AUGH

was negligent and represented a breach of the prevailing professional standard of care

as a health care provider or breached that level of care, skill, and treatment which, in light

of all relevant surrounding circumstances, is recognized as acceptable and appropriate

by reasonably prudent similar health care providers and his negligence caused or

contributed to injuries and damages to CHAD GERLAUGH

42. As a result of Defendants' medical negligence, CHAD GERLAUGH,

suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental

anguish, loss of capacity for the enjoyment of life, expense of hospitalization,medical and

nursing care and treatment, loss of earnings, loss of ability to earn money, and

aggravation of a previously existing condition. The losses to Plaintiff, CHAD GERI-AUGH

are permanent and continuing.

WHEREFORE, Plaintiff, CHAD ERIC GERI-AUGH demands judgment for

damages against Defendant, SHEA MICHAEL ECKARDT, M.D., together with costs and

interest. Plaintiff demands a trial by jury on all issues.

COUNT VI

(Vicarious Superior of
Bay Area Chest Physicians, PA)

43. Plaintiff, CHAD GERI-AUGH, realleges paragraphs one (1) through forty-

two (42) as set forth fully herein.

44. BAY AREA CHEST PHYSICIANS, PA is liable for the tortious conduct

14
(medical negligence) of DR. ECKARDT as an owner, employee, agent, or representative

by and under vicarious liability or the doctrine of respondent superior.

WHEREFORE, Plaintiff, CHAD ERIC GERLAUGH demands judgment for

damages against Defendant, SHEA MICHAEL ECKARDT, M.D., together with costs and

interest. Plaintiff demands a trial by jury on all issues.

COUNT VII
(Hospital Nursing/ -
Vicarious / Respondent Superior Liability)

45. Plaintiff, CHAD GERI_AUGH, realleges paragraphs one (1) through forty-

four (44) as set forth fully herein.

46. At all material times, Defendant, HOSPITAL, represented and held itself out

of the public as a healthcare provider with a fully accredited and operational hospital

facility capable of providing all aspects necessary to properly run a specialized and fully

equipped hospital in Clearwater, Pinellas County, Florida, and in doing so, Defendant

HOSPITAL, assured the public, and in particular, Plaintiff, CHAD ERIC GERI-AUGH, that

the hospital would provide, either directly or indirectly, well qualified and trained

physicians and staffing, including nurses and other medical providers to adequately and

properly run its hospital. By and through these representationsand duties that flow from

operating a hospital, it was expressed or implied that a patient undergoing necessary care

and treatment would receive proper and adequate care and treatment within the

prevailing standard recognized as acceptable by similar health care providers.

47. At all material times, Defendant HOSPITAL employed or utilized nursing

staff, including, but not limited to, MAs, LPNs, RNs, CRNAs, ARNPs, PAs, Respiratory

15
Therapists and others to fulfill its duties and obligation as a hospital. The said nursing

staff were either employees, agents or representatives of Defendant HOSPITAL and

rendered care or services to Plaintiff, CHAD GERLAUGH and at all material times, the

said employees, agents or representatives were working within the course and scope of

their employment, agency or authority.

48. Defendant HOSPITAL is liable for the tortious conduct (medical negligence)

of its employees, agents, or representatives by and under vicarious liability or the doctrine

of respondent superior.

49. At all material times, Defendant HOSPITAL'S nursing staff had nursing

duties and responsibilitiesto treat and care for CHAD GERI-AUGH that met the standard

of care for nursing. While CHAD GERLAUGH was a patient of Defendant HOSPITAL on

or about April 9, 2019, and thereafter, his vital signs, became abnormal and he

persistently showed signs of lowering blood pressures which required immediate medical

attention, treatment and action. CHAD GERLAUGH'S overall health declined, and he

became septic and went into septic shock resulting in a cardiac arrest and Iimb

amputation.

50. At all material times, Defendant HOSPITAL's is vicariously liable for the

tortious conduct (negligence)by its nursing employee, agents, or representativesfor one

or more of the following:

a. failing to timely perform a complete, adequate and proper assessment and

vital signs with re-assessments.

b. failing to timely and closely monitor CHAD GERLAUGH'S ongoing

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condition;

c. failing to timely recognize, chart, report and notify healthcare providers

CHAD GERLAUGH'S abnormal findings and declining health status;

d. failing to identify and act upon SIRS and sepsis promptly;

e. failing to promptly initiate treatment once orders were received;

f. failing to adequately communicate to physicians the findings of abnormal

vital signs;

g. failing to provide adequate level of care for the PACU and ICU;

h. failing to act as an advocate for the patient when Mr. Gerlaugh

demonstrated signs and symptoms of septic shock allowing him to remain severely

hypoxic and hypotensive;

..
failing to follow Advance Cardiac Life Support guidelines when Mr. Gerlaugh

was in cardiac arrest; and/or

j. failing to timely administer orders and follow through on the placement of

orders; and

k. otherwise being negligent.

51. Defendant HOSPITAL breached its' duties by failing to do one or more of

the previously mentioned acts, any, some, or all of which were a departure from the

standards recognized as acceptable and approved by reasonably prudent similar health

care providers as necessary in light of all relevant surrounding circumstances.

52. These negligent actions or inactions of Defendant HOSPITAL described in

this Count caused or contributed to the injury suffered by CHAD GERI-AUGH and was a

17
direct and proximate result of the damages suffered.

53. As a result of Defendants' medical negligence, CHAD GERI-AUGH,

suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental

anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and

nursing care and treatment, loss of earnings, loss of ability to earn money, and

aggravation of a previously existing condition. The losses to Plaintiff, CHAD GERLAUGH

are permanent, and continuing.

WHEREFORE, Plaintiff, CHAD ERIC GERLAUGH demands judgment for

damages against Defendant HOSPITAL, together with costs and interest. Plaintiff

demands a trial by jury on all issues.

COUNT Vlll
(Hospital -

Physician Vicarious / Respondent Superior Liability)

54. Plaintiff, CHAD GERLAUGH, realleges paragraphs one (1) through fifty-

three (53) as set forth fully herein.

55. Defendant HOSPITAL is liable for the tortious conduct (negligence) of any

and all named Defendants who were employees of Defendant HOSPITAL under the

doctrine of respondent superior.

WHEREFORE, Plaintiff, CHAD ERIC GERI-AUGH demands judgment for

damages against Defendant HOSPITAL, together with costs and interest. Plaintiff

demands a trial by jury on all issues.

COUNT IX

(Hospital -
Actual or ApparentAgency Liability)

56. Plaintiff, CHAD GERLAUGH, realleges paragraphs one (1) through fifty-five
18
(55) set forth fully herein.

57. At all material times Defendant, HOSPITAL, represented and held itself out

to the public as a healthcare provider with a fully accredited and operational hospital

facility capable of providing all aspects necessary to properly run a specialized and fully

equipped hospital duly capable of providing qualified and non-negligent medical specialist

and physicians.

58. Plaintiff justifiably relied on the representation Defendant, MORTON PLANT

HOSPITAL as evident by Plaintiffs allowing treatment and services at Defendant's,

HOSPITAL's, including the following:

(a) That Defendant HOSPITAL would provide non-negligent physician and

nursing services for kidney stone procedures;

(c) Plaintiffs did not select any physician, other than DR. SHERMAN, on his

own who rendered care and services to CHAD GERI-AUGH and all such physicians were

selected or chosen through the efforts of Defendant HOSPITAL;

(d) Because of CHAD GERLAUGH'S rapid declining and worsening condition

after his kidney stone procedure there was no true opportunity for Plaintiffs to shop around

for a qualified physician or medical specialist;

(e) The Plaintiffs were not informed that the medical services that followed his

procedure would be performed by someone who was not an employee of Defendant,

HOSPITAL;

(f) By all appearances, actions and circumstances, Plaintiffs believed and

relied on the fact that the medical services were provided by Defendant HOSPITAL were

19
chosen staff, physicians and specialists from the Defendant HOSPITAL; and,

(g) Defendant HOSPITAL aggressively markets itself to the public through

billboards,television, brochures, its website and other media as providing comprehensive

and complete specialized medical care and services.

59. At all times material, Defendant HOSPITAL by its conduct and silence

conferred in Plaintiff CHAD GERI-AUGH, a reasonable belief and with justifiable reliance

that the named party Defendant physicians, except for DR. SHERMAN, were acting with

the appearance of authority as employees, agents or representatives on behalf of

Defendant HOSPITAL.

60. Defendant HOSPITAL is vicariously liable under apparent or actual agency

for the negligent action or inaction of the named part DEFENDANT physicians, (except

DR. SHERMAN), whose negligence was a direct and proximate cause of CHAD

GERI-AUGH'S damages.

WHEREFORE, Plaintiff, CHAD GERI-AUGH demands judgment for damages

against Defendant HOSPITAL, together with costs and interest. Plaintiff demands a trial

by jury on all issues.

COUNT X
(Hospital -
Direct Institutional Liability)

61. Plaintiff, CHAD GERI-AUGH, realleges paragraphs one (1) through sixty

(60) as set forth fully herein.

62. At all material times, Defendant HOSPITAL, had among other duties, a duty

to properly and adequately staff and arrange continuity of care within its hospital with the

20
necessary qualified personnel and medical staff to run a specialized critical care ICU floor

open to the public in keeping with the standards imposed upon by hospitals and their

operations, including direction of care and treatment with policy, procedure and

instruction.

63. In the furtherance of its duties named above, a duty or obligation is imposed

upon Defendant HOSPITAL under §766.110 Fla. Stat. to have an adequate and ongoing

comprehensive risk management as appropriate to such hospital's size, location, scope

of services, physical configuration, and similar relevant factors.

64. At all material times, on or about the evening after CHAD GERLAUGH'S

procedure for removal of kidney stones and his persistentsepsis while in the ICU nurses

were calling E-Care physicians who in outside the United States of American and in

INDIA and other E-Care physicians outside the hospital regarding the patients current

critical care and medical needs. These remote or virtual calls occurred during the 7:00

p.m. to 7 a.m. shift, in particular, with regard to CHAD GERI-AUGH. Overnight the critical

care physician who was in charge of the patient, was not contacted about nursing

questions or concerns of the patient, CHAD GERI-AUGH, instead the nurses had multiple

choices on who and what remote service to call, with the remote providers having no

knowledge of the patient's prior history and condition.

65. At all material times, Defendant HOSPITAL failed to meet its duties and

obligations and breached said duties to the public, in particular, to the patient CHAD ERIC

GERI-AUGH by having a clear and safe protocol for when remote selection of medical

physician staff is appropriate and proper for the safety of the patient.

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 66. Defendant HOSPITAL'S action or inaction rise to the level of negligence for

one or more of the following:

a) failing to develop and maintain proper and adequate comprehensive risk

management plans, policies and protocols for direction and continuity of care plans and

directives to nurses should they need to call regarding a physician during the 7:00 p.m.

to 7 a.m shift, in particular, with regard to CHAD GERI-AUGH'S medical care and

treatment;

b) failing to develop or have with implementation a SEPIS ALERT and

FULFILMENT protocol with a system for the proper and necessary safeguards assuring

that physician orders are being timely placed and fulfilled by its nursing staff; and

c) failure to provide proper training and support to its' nursing staff regarding

sepsis treatment and remote E-Care service instruction.

67. The negligent failure to have the aforesaid policy, procedure, or protocol in

place by Defendant HOSPITAL caused or contributed to the injury suffered by Plaintiff

and by CHAD GERLAUGH.

68. The said breaches of duties and obligations required of Defendant

HOSPITAL were either directly breached by Defendant HOSPITAL or such breaches

were non-delegable duties for which Defendant HOSPITAL is liable.

WHEREFORE, Plaintiff, CHAD ERIC GERIAUGH demands judgment for

damages against Defendant HOSPITAL, together with costs and interest. Plaintiff

demands a trial by jury on all issues.

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 COUNT XI
(BayCare -

Liability)

69. Plaintiff, CHAD GERI-AUGH, realleges paragraphs one (1) through sixty-

eight (68) as set forth fully herein.

70. BAYCARE HEALTH SYSTEM, INC., a Florida Corporation d/b/a MORTON

PLANT HOSPITAL ASSOCIATION, INC., is liable for the tortious conduct (medical

negligence) of employees, agents, or representativesof Defendant Hospital by and under

its legal relationship with Defendant HOSPITAL, vicarious liability, the doctrine of

respondent superior, agency, OR directly for the failure to develop proper comprehensive

plan, policy, protocol and procedure for patients with sepsis and remote management

critical E-Care of patients, in particular, CHAD GERI-AUGH.

WHEREFORE, Plaintiff, CHAD ERIC GERI-AUGH demands judgment for

damages against Defendant BAYCARE HEALTH SYSTEM, INC., a Florida Corporation

d/b/a MORTON PLANT HOSPITAL ASSOCIATION, INC., together with costs and

interest. Plaintiff demands a trial by jury on all issues.

COUNT XII
(Loss of Consortium of Joy Marie Gerlaugh)

71. Plaintiff, JOY GERI-AUGH, realleges paragraphs one (1) through seventy

(70) as set forth fully herein.

72. As a direct and proximate result of the negligence of the Defendants, which

caused Plaintiff, CHAD ERIC GERLAUGH, to sustain significant injuries resulting in

damages, his natural mother and caregiver, Plaintiff, JOY MARIE GERI-AUGH has

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sustained injury and damages, including but not limited to the expenses of hospitalization,

medical, and nursing care and treatment, the loss of her child's services, earnings, or

earning capacity, the loss of her earnings, in the past and future resulting from the need

to care and/or provide for her son due to his injuries and the loss of her child's

companionship, society, love, affection, and solace in the past and in the future.

WHEREFORE, Plaintiff, JOY MARIE GERLAUGH, demands judgment for

damages against Defendants, CHRISTOPHER MICHAEL SHERMAN, M.D.;

ADVANCED UROLOGY INSTITUTE, LLC, a Florida Limited Liability Company; MARK

EDWARD KELLY, M.D.; GREATER FLORIDA ANESTHESIOLOGISTS, LLC, a Florida

Limited Liability Company; SHEA MICHAEL ECKARDT, M.D.; BAY AREA CHEST

PHYSICIANS, P.A., a Florida Profit Corporation; MORTON PLANT HOSPITAL

ASSOCIATION, INC., a Florida Corporation a/k/a MORTON PLANT HOSPITAL; and

BAYCARE HEALTH SYSTEM, INC., a Florida Corporation d/b/a MORTON PLANT

HOSPITAL ASSOCIATION, INC., together with costs and interest. Plaintiff demands a

trial by jury on all issues.

COUNT XIII
(Loss of Consortium of Scott Gerald Gerlaugh)

73. Plaintiff, SCOTT GERLAUGH, realleges paragraphs one (1) through

seventy-two (72) as set forth fully herein.

74. As a direct and proximate result of the negligence of the Defendants, which

caused Plaintiff, CHAD GERLAUGH, to sustain significant injuries resulting in damages,

his naturalfather and caregiver, SCOTT GERI-AUGH, has sustained injury and damages,

24
including but not limited to the expenses of hospitalization, medical, and nursing care and

treatment, the loss of his child's services, earnings, or earning capacity, the loss of his

earnings, in the past and future resulting from the need to care and/or provide for his son

due to his injuries and the loss of his child's companionship, society, love, affection, and

solace in the past and in the future.

WHEREFORE, Plaintiff, SCOTT GERALD GERI-AUGH, demands judgment for

damages against Defendants, CHRISTOPHER MICHAEL SHERMAN, M.D.;

ADVANCED UROLOGY INSTITUTE, LLC, a Florida Limited Liability Company; MARK

EDWARD KELLY, M.D.; GREATER FLORIDA ANESTHESIOLOGISTS, LLC, a Florida

Limited Liability Company; SHEA MICHAEL ECKARDT, M.D.; BAY AREA CHEST

PHYSICIANS, P.A., a Florida Profit Corporation; MORTON PLANT HOSPITAL

ASSOCIATION, INC., a Florida Corporation alkla MORTON PLANT HOSPITAL; and

BAYCARE HEALTH SYSTEM, INC., a Florida Corporation d/b/a MORTON PLANT

HOSPITAL ASSOCIATION, INC., together with costs and interest. Plaintiff demands a

trial by jury on all issues.

DATED this 30h day of June, 2021.

MOODY LAW, P.A.

BY: @J@Max??
DANIEL D. MOODY, J.D., B.C.S.
Florida Bar No. 0508209
ANDREW D. MOODY, J.D.
Florida Bar No. 1011559
Post Office Box 266
575 North Broadway
Bartow, FL 33830

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 Telephone: 863/733-9090
Facsimile: 863/534-1001
Attorneys for Plaintiffs
Dan@[Link]
Drew@[Link]
Sam@[Link]

GOOD FAITH CERTIFICATE

The undersigned counsel hereby certifies that pursuant to Section 766.104, Fla.

Stat., a reasonable investigation has given rise to a good faith belief that grounds exist

for a medical negligence action against the named Defendants.

@[email protected]#1
Daniel D. Moody, J.D., B.
Attorney for Plaintiffs CB

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