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D.N. FBT-CV23-6127694-S : SUPERIOR COURT
JESSICA EATON;
MICHAEL EATON;
JESSICA EATON PPA
CADE RYKER EATON
AND JESSICA EATON PPA
LIV MILEY EATON : J.D. OF FAIRFIELD
VS : AT BRIDGEPORT
ST. VINCENT’S MEDICAL CENTER;
HARTFORD HEALTHCARE
CORPORATION D/B/A
ST. VINCENT’S MEDICAL CENTER;
HARTFORD HEALTHCARE CORPORATION
BERKOWITZ AND HANNA LLC
D/B/A HARTFORD HEALTHCARE
MEDICAL GROUP, INC. AND
S H E L T O N , C O N N E C T I C U T 06484
JESSICA AVILES, M.D. : APRIL 3, 2024
2 CORPORATE DRIVE
MOTION TO CITE IN ADDITIONAL DEFENDANTS
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(203) 324-7909
Pursuant to Conn. Gen. Stat. § 52-108 and Connecticut Practice Book Section 9-22, the
plaintiffs in the above captioned matter hereby request permission to cite in additional parties to
the present controversy; specifically, Westchester Medical Group, PLLC a/k/a Westmed Medical
Group n/k/a Summit Health and Thomas Ng, M.D.
In support of this Motion, the plaintiffs state the following:
1. This medical malpractice action has been brought against the defendants, St.
Vincent’s Medical Center, Hartford Healthcare Corporation d/b/a St. Vincent’s Medical center,
Hartford Healthcare Corporation d/b/a Hartford Healthcare Medical Group, Inc. and Jessica
Aviles, M.D.
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2. Upon information and belief, the defendants, Westchester Medical Group, PLLC a/k/a
Westmed Medical Group n/k/a Summit Health and Thomas Ng, M.D., should be made parties to
this action.
Therefore, the parties known as Westchester Medical Group, PLLC a/k/a Westmed
Medical Group n/k/a Summit Health and Thomas Ng, M.D., have an interest in the outcome of
this controversy and should fairly be made parties to this action.
In support of this motion, the plaintiffs submit the following proposed second amended
complaint.
BERKOWITZ AND HANNA LLC
THE PLAINTIFFS,
S H E L T O N , C O N N E C T I C U T 06484
2 CORPORATE DRIVE
J URIS N UMBER 412801
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BY ____/s/303848_________________________
(203) 324-7909
Russell J. Berkowitz
Berkowitz and Hanna LLC
2 Corporate Drive. 3rd Floor
Shelton, Connecticut 06484
Tel.: 203-324-7909 Juris #: 412801
2
CERTIFICATION
I hereby certify that on the 3rd day of April 2024 a copy of the foregoing was sent via
electronic mail to all counsel and pro se parties of record to wit:
Herbert J. Shepardson, Esq.
Cooney Scully & Dowling
Hartford Square North
10 Columbus Boulevard
Hartford, CT 06106
Tel. (860) 527-1141
Fax (860) 247-5215
hshepardson@csd-law.com
Attorney for Defendants: St. Vincent’s Medical Center, Hartford Healthcare Corporation d/b/a
St. Vincent’s Medical Center, Hartford Healthcare Corporation d/b/a Hartford Healthcare
BERKOWITZ AND HANNA LLC
Medical Group, Inc., and Jessica Aviles, M.D.
S H E L T O N , C O N N E C T I C U T 06484
2 CORPORATE DRIVE
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(203) 324-7909
_______/s/303848______
Russell J. Berkowitz
ORDER
The plaintiffs’ Motion to Cite-In, having been heard, it is hereby
GRANTED/DENIED.
It is further ordered: _______________________________________
______________________________________________________
BY THE COURT
___________________________
JUDGE/CLERK
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SUMMONS
It is further ordered, that on or before ________________________ the plaintiffs amend their
complaint to state facts showing the interest of Westchester Medical Group, PLLC a/k/a
Westmed Medical Group n/k/a Summit Health and Thomas Ng, M.D., in this action and summon
that the parties to appear as defendants in this action on or before the second day following
________________________, by causing some proper officer to serve on them on or before
________________________ in the manner prescribed by law a true and attested copy of this
BERKOWITZ AND HANNA LLC
order, a true and attested or certified copy of the complaint in this action as amended, and a
S H E L T O N , C O N N E C T I C U T 06484
Summons Civil Form JD-CV-1 and due return date.
2 CORPORATE DRIVE
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BY THE COURT
___________________________
JUDGE/CLERK
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D.N. FBT-CV23-6127694-S : SUPERIOR COURT
JESSICA EATON;
MICHAEL EATON;
JESSICA EATON PPA
CADE RYKER EATON
AND JESSICA EATON PPA
LIV MILEY EATON : J.D. OF FAIRFIELD
VS : AT BRIDGEPORT
ST. VINCENT’S MEDICAL CENTER;
HARTFORD HEALTHCARE
CORPORATION D/B/A
ST. VINCENT’S MEDICAL CENTER;
HARTFORD HEALTHCARE CORPORATION
BERKOWITZ AND HANNA LLC
D/B/A HARTFORD HEALTHCARE
MEDICAL GROUP, INC.; JESSICA AVILES, M.D.;
S H E L T O N , C O N N E C T I C U T 06484
WESTCHESTER MEDICAL GROUP, PLLC A/K/A
WESTMED MEDICAL GROUP
2 CORPORATE DRIVE
N/K/A SUMMIT HEALTH AND THOMAS NG, M.D. : APRIL 3, 2024
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PROPOSED SECOND AMENDED COMPLAINT
FIRST COUNT: (St. Vincent’s Medical Center)
1. At all times mentioned herein, the defendant, St. Vincent’s Medical Center, was and is a
corporation existing under the laws of the State of Connecticut, operating a hospital in the city of
Bridgeport, CT.
2. At all times mentioned herein, defendant, Jessica Aviles, M.D., a board-certified
emergency medicine physician, was and is an agent, apparent agent, servant, and/or employee of
the defendant, St. Vincent’s Medical Center, and was acting within the scope of her contract,
authority, and/or agency in the furtherance of the interest of said defendant hospital.
3. On or about September 13, 2022 at approximately 2:48 p.m., the plaintiff, Jessica Eaton
presented via ambulance to defendant, St. Vincent’s Medical Center with complaints of intractable
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left gluteal pain radiating down the posterior aspect of her left leg with associated vomiting and
back pain, and came under the care and treatment of said defendant hospital, through its agents,
apparent agents, servants, and/or employees, including, but not limited to, its emergency
department physicians, residents, and/or nurses, including, but not limited to, the defendant,
Jessica Aviles, M.D.
4. Defendant, Dr. Aviles, diagnosed the plaintiff with chronic back pain and discharged said
plaintiff three hours later on or about September 13, 2022, at approximately 5:47 p.m., with no
differential diagnosis and/or workup for the plaintiff’s severe left leg pain, including, but not
BERKOWITZ AND HANNA LLC
limited to, a vascular and/or hematology consultation, diagnostic testing, including, but not limited
S H E L T O N , C O N N E C T I C U T 06484
to, CTA and/or Doppler testing to check for pulses. Said defendant, Dr. Aviles advised said
2 CORPORATE DRIVE
plaintiff to follow up with her spine doctor, and to take steroid medication and nausea medication
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as prescribed.
5. Between on or about September 13, 2022 through on or about September 20, 2022, the
plaintiff’s left lower leg pain progressively worsened to the extent that she required an ambulance
to transport her to defendant, St. Vincent’s Medical Center’s Emergency Department on or about
September 21, 2022 with complaints of debilitating 10/10 severe left lower extremity pain, after
waking up that morning with left leg and foot numbness, cold to the touch and bilateral calf
cramping.
6. While in the emergency department, the plaintiff was examined by David Young, M.D.,
an emergency medicine physician, who noted that the plaintiff had decreased pulses at the left foot
and her left foot was cool to the touch. In addition, said plaintiff underwent a left lower extremity
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Doppler ultrasound, which revealed no palpable femoral pulse at the left foot with concern for an
ischemic left leg.
7. Immediately thereafter, the plaintiff underwent a left lower extremity artery Doppler
ultrasound and CTA of the abdomen, pelvis, and lower extremities which revealed extensive
occlusions of her left leg that ultimately left her with an ischemic leg.
8. Based on these critical findings, the plaintiff was admitted as an inpatient to said
defendant hospital, transferred to the operating room and underwent an emergent left iliofemoral
thrombectomy, left femoral and popliteal exposure, a popliteal embolectomy with endarterectomy
BERKOWITZ AND HANNA LLC
and a diagnostic left lower extremity angiogram. After the emergent procedure, the plaintiff was
S H E L T O N , C O N N E C T I C U T 06484
transferred to said defendant hospital’s intensive care unit (ICU) for close monitoring.
2 CORPORATE DRIVE
9. Unfortunately, despite the above interventions, the plaintiff’s left lower extremity
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remained ischemic, without motor function and sensory function, tissue loss, cyanosis, and distal
mottling, which ultimately caused her left lower leg to become necrotic. As a result, the plaintiff
was recommended that she undergo a left leg amputation. Therefore, on or about September 29,
2022, the plaintiff was intubated, sedated and underwent a left below knee amputation. Following
said surgery, said plaintiff was transferred to the progressive care unit (PCU) for further
management.
10. During said admission, between on or about September 29, 2022 through on or about
October 6, 2022, the plaintiff, Jessica Eaton, underwent multiple consultations/procedures, testing,
and imaging, including, but not limited to, placement of a dual lumen PICC line to the left upper
arm for the administration of medications, pain management consultations including the
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administration of IV pain medication for severe postoperative pain, vascular surgery, wound care
and hematology consultations.
11. On or about October 6, 2022 the plaintiff was transferred to acute inpatient rehabilitation
in said defendant hospital where she underwent rehabilitative therapy, including, but not limited
to, occupational therapy, physical therapy, physiatrist services, nursing and aide and supportive
services. On or about October 12, 2022, the plaintiff was discharged and was to be provided with
visiting nurse services at home, follow up appointments were scheduled with vascular surgery,
hematology, pain management and primary care physician, and she was advised to continue with
BERKOWITZ AND HANNA LLC
outpatient occupational therapy and physical therapy.
S H E L T O N , C O N N E C T I C U T 06484
12. Between the plaintiff’s discharge on or about October 12, 2022 through present, the
2 CORPORATE DRIVE
plaintiff has undergone multiple consultations/procedures, testing, and imaging, including, but not
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limited to, hospitalizations for a spilt thickness skin graft from the left anterior thigh over the left
below knee amputation, with placement of a wound VAC, numerous wound debridement
procedures, and treatment including, but not limited to, vascular surgery, wound care, hematology,
and pain management consultations, and has been left with significant permanent injuries, pain
and disfigurement, including life-altering permanent injuries, including a prosthetic limb.
13. The injuries suffered by the plaintiff, Jessica Eaton , were caused by the failure of the
defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or
employees, including, but not limited to its emergency department physicians, residents, and/or
nurses, including, but not limited to, the defendant, Jessica Aviles, M.D., to exercise reasonable
care under all of the circumstances then and there present in that the defendant, St. Vincent’s
Medical Center, through its agents, apparent agents, servants and/or employees, including, but not
4
limited to, its emergency department physicians, residents, and/or nurses, including, but not limited
to, the defendant, Jessica Aviles, M.D. by:
(a) failing to timely diagnose the plaintiff’s vascular disease in her left lower
extremity during said September 13, 2022 hospital admission;
(b) failing to timely diagnose the plaintiff’s arterial blood clots in her left lower
extremity during said September 13, 2022 hospital admission;
(c) failing to timely treat the plaintiff’s arterial blood clots in her left lower extremity
during said September 13, 2022 hospital admission;
BERKOWITZ AND HANNA LLC
(d) failing to create a differential diagnosis for the plaintiff’s complaints which
S H E L T O N , C O N N E C T I C U T 06484
included severe pain in her left lower extremity during said September 13, 2022 hospital
2 CORPORATE DRIVE
admission;
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(e) failing to perform a complete examination of the plaintiff, including sensory and
pulse exams, as well as ordering vascular and hematology consultations, as well as a CT
angiogram to rule in or rule out an arterial blood clot in the lower extremities during said
September 13, 2022 hospital admission;
(f) failing to timely refer the plaintiff for a vascular and/or hematology consultation
during said September 13, 2022 hospital admission;
(g) failing to understand that the plaintiff’s leg injury symptoms required urgent care
during said September 13, 2022 hospital admission;
(h) improperly discharging the plaintiff on or about September 13, 2022 despite signs
and/or symptoms of a vascular disease, including potential left leg blood clots;
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(i) improperly allowing the plaintiff’s left leg to deteriorate and progress to an
irreversible ischemic leg that ultimately required a below knee amputation;
(j) ignoring the plaintiff’s complaints of left lower extremity pain during said
September 13, 2022 hospital admission;
(k) failing to become trained, educated, or knowledgeable about the signs and or
symptoms of vascular disease, including potential arterial blood clots;
(l) failing to provide the plaintiff with a continuity of medical care during said
September 13, 2022 hospital admission;
BERKOWITZ AND HANNA LLC
(m) depriving the plaintiff of early detection and treatment of said vascular disease,
S H E L T O N , C O N N E C T I C U T 06484
including potential arterial blood clots and the complications that developed, by failing to timely
2 CORPORATE DRIVE
diagnose and/or treat said acute arterial blood clot during said September 13, 2022 hospital
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admission; and
(n) failing to follow rules, regulations, protocols, and/or standards in regards to the
care, diagnosis and/or treatment of patients with signs and/or symptoms of lower extremity
vascular disease, including potential arterial blood clots.
14. As a result of the carelessness and negligence of the defendant, St. Vincent’s
Medical Center, through its agents, apparent agents, servants and/or employees, including, but
not limited to, its emergency department physicians, residents, and/or nurses, including, but not
limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, suffered, presently
suffers and will continue to suffer the following serious, painful and permanent injuries:
(a) Left below knee amputation;
(b) Necrotic left lower extremity;
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(c) Thrombosis of the left femoral artery;
(d) Thrombosis of left iliac artery;
(e) Thrombosis of the left popliteal artery;
(f) Non-healing left knee amputation stump;
(g) Periwound erythema;
(h) Dehiscence in the proximal suture line;
(i) Ongoing severe pain at the incision site;
(j) Serosanguineous left leg wound;
BERKOWITZ AND HANNA LLC
(k) Granulated left leg wound bed;
S H E L T O N , C O N N E C T I C U T 06484
(l) Left anterior thigh harvest site wound;
2 CORPORATE DRIVE
(m) Left lower limb phantom pain;
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(n) Severe left lower extremity pain;
(o) Impaired balance;
(p) Unsteady gait:
(p) Decreased strength of the left lower extremity;
(q) Severely limited functional use of the left lower extremity;
(r) Scarring and disfigurement of the left lower extremity;
(s) Pain with walking;
(t) Right knee pain secondary to overuse of right leg;
(u) Swelling of the right ankle secondary to overuse of right leg;
(v) Right leg pain secondary to overuse of right leg;
(w) Impaired mobility with all daily activities; and
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(x) Psychological and neurological sequelae.
15. As a further result of the carelessness and negligence of the defendant, St.
Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees,
including, but not limited to, its emergency department physicians, residents, and/or nurses,
including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, was
forced to undergo a traumatic left below knee amputation.
16. As a further result of the carelessness and negligence of the defendant, St.
Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees,
BERKOWITZ AND HANNA LLC
including, but not limited to, its emergency department physicians, residents, and/or nurses,
S H E L T O N , C O N N E C T I C U T 06484
including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, has
2 CORPORATE DRIVE
undergone multiple consultations/procedures, testing, and imaging, including, but not limited to,
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hospitalizations for a spilt thickness skin graft from the left anterior thigh over the left below
knee amputation, with placement of a wound VAC, numerous wound debridement procedures,
placement of a dual lumen PICC line to the left upper arm for the administration of medications,
pain management consultations including the administration of IV pain medication for severe
postoperative pain, vascular surgery, wound care, hematology consultations, occupational
therapy, physical therapy, physiatrist services, and visiting nurse services.
17. As a further result of the carelessness and negligence of the defendant, St.
Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees,
including, but not limited to, its emergency department physicians, residents, and/or nurses,
including, but not limited to, the defendant, Jessica Aviles, M.D. the plaintiff, Jessica Eaton, has
sustained a significant permanent impairment to her left lower extremity.
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18. As a further result of the carelessness and negligence of the defendant, St.
Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees,
including, but not limited to, its emergency department physicians, residents, and/or nurses,
including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, has
sustained significant permanent scarring and disfigurement.
19. As a further result of the carelessness and negligence of the defendant, St.
Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees,
BERKOWITZ AND HANNA LLC
including, but not limited to, its emergency department physicians, residents, and/or nurses,
S H E L T O N , C O N N E C T I C U T 06484
Preview
D.N. FBT-CV23-6127694-S : SUPERIOR COURT JESSICA EATON; MICHAEL EATON; JESSICA EATON PPA CADE RYKER EATON AND JESSICA EATON PPA LIV MILEY EATON : J.D. OF FAIRFIELD VS : AT BRIDGEPORT ST. VINCENT’S MEDICAL CENTER; HARTFORD HEALTHCARE CORPORATION D/B/A ST. VINCENT’S MEDICAL CENTER; HARTFORD HEALTHCARE CORPORATION BERKOWITZ AND HANNA LLC D/B/A HARTFORD HEALTHCARE MEDICAL GROUP, INC. AND S H E L T O N , C O N N E C T I C U T 06484 JESSICA AVILES, M.D. : APRIL 3, 2024 2 CORPORATE DRIVE MOTION TO CITE IN ADDITIONAL DEFENDANTS J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 Pursuant to Conn. Gen. Stat. § 52-108 and Connecticut Practice Book Section 9-22, the plaintiffs in the above captioned matter hereby request permission to cite in additional parties to the present controversy; specifically, Westchester Medical Group, PLLC a/k/a Westmed Medical Group n/k/a Summit Health and Thomas Ng, M.D. In support of this Motion, the plaintiffs state the following: 1. This medical malpractice action has been brought against the defendants, St. Vincent’s Medical Center, Hartford Healthcare Corporation d/b/a St. Vincent’s Medical center, Hartford Healthcare Corporation d/b/a Hartford Healthcare Medical Group, Inc. and Jessica Aviles, M.D. 1 2. Upon information and belief, the defendants, Westchester Medical Group, PLLC a/k/a Westmed Medical Group n/k/a Summit Health and Thomas Ng, M.D., should be made parties to this action. Therefore, the parties known as Westchester Medical Group, PLLC a/k/a Westmed Medical Group n/k/a Summit Health and Thomas Ng, M.D., have an interest in the outcome of this controversy and should fairly be made parties to this action. In support of this motion, the plaintiffs submit the following proposed second amended complaint. BERKOWITZ AND HANNA LLC THE PLAINTIFFS, S H E L T O N , C O N N E C T I C U T 06484 2 CORPORATE DRIVE J URIS N UMBER 412801 THIRD FLOOR BY ____/s/303848_________________________ (203) 324-7909 Russell J. Berkowitz Berkowitz and Hanna LLC 2 Corporate Drive. 3rd Floor Shelton, Connecticut 06484 Tel.: 203-324-7909 Juris #: 412801 2 CERTIFICATION I hereby certify that on the 3rd day of April 2024 a copy of the foregoing was sent via electronic mail to all counsel and pro se parties of record to wit: Herbert J. Shepardson, Esq. Cooney Scully & Dowling Hartford Square North 10 Columbus Boulevard Hartford, CT 06106 Tel. (860) 527-1141 Fax (860) 247-5215 hshepardson@csd-law.com Attorney for Defendants: St. Vincent’s Medical Center, Hartford Healthcare Corporation d/b/a St. Vincent’s Medical Center, Hartford Healthcare Corporation d/b/a Hartford Healthcare BERKOWITZ AND HANNA LLC Medical Group, Inc., and Jessica Aviles, M.D. S H E L T O N , C O N N E C T I C U T 06484 2 CORPORATE DRIVE J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 _______/s/303848______ Russell J. Berkowitz ORDER The plaintiffs’ Motion to Cite-In, having been heard, it is hereby GRANTED/DENIED. It is further ordered: _______________________________________ ______________________________________________________ BY THE COURT ___________________________ JUDGE/CLERK 3 SUMMONS It is further ordered, that on or before ________________________ the plaintiffs amend their complaint to state facts showing the interest of Westchester Medical Group, PLLC a/k/a Westmed Medical Group n/k/a Summit Health and Thomas Ng, M.D., in this action and summon that the parties to appear as defendants in this action on or before the second day following ________________________, by causing some proper officer to serve on them on or before ________________________ in the manner prescribed by law a true and attested copy of this BERKOWITZ AND HANNA LLC order, a true and attested or certified copy of the complaint in this action as amended, and a S H E L T O N , C O N N E C T I C U T 06484 Summons Civil Form JD-CV-1 and due return date. 2 CORPORATE DRIVE J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 BY THE COURT ___________________________ JUDGE/CLERK 4 D.N. FBT-CV23-6127694-S : SUPERIOR COURT JESSICA EATON; MICHAEL EATON; JESSICA EATON PPA CADE RYKER EATON AND JESSICA EATON PPA LIV MILEY EATON : J.D. OF FAIRFIELD VS : AT BRIDGEPORT ST. VINCENT’S MEDICAL CENTER; HARTFORD HEALTHCARE CORPORATION D/B/A ST. VINCENT’S MEDICAL CENTER; HARTFORD HEALTHCARE CORPORATION BERKOWITZ AND HANNA LLC D/B/A HARTFORD HEALTHCARE MEDICAL GROUP, INC.; JESSICA AVILES, M.D.; S H E L T O N , C O N N E C T I C U T 06484 WESTCHESTER MEDICAL GROUP, PLLC A/K/A WESTMED MEDICAL GROUP 2 CORPORATE DRIVE N/K/A SUMMIT HEALTH AND THOMAS NG, M.D. : APRIL 3, 2024 J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 PROPOSED SECOND AMENDED COMPLAINT FIRST COUNT: (St. Vincent’s Medical Center) 1. At all times mentioned herein, the defendant, St. Vincent’s Medical Center, was and is a corporation existing under the laws of the State of Connecticut, operating a hospital in the city of Bridgeport, CT. 2. At all times mentioned herein, defendant, Jessica Aviles, M.D., a board-certified emergency medicine physician, was and is an agent, apparent agent, servant, and/or employee of the defendant, St. Vincent’s Medical Center, and was acting within the scope of her contract, authority, and/or agency in the furtherance of the interest of said defendant hospital. 3. On or about September 13, 2022 at approximately 2:48 p.m., the plaintiff, Jessica Eaton presented via ambulance to defendant, St. Vincent’s Medical Center with complaints of intractable 1 left gluteal pain radiating down the posterior aspect of her left leg with associated vomiting and back pain, and came under the care and treatment of said defendant hospital, through its agents, apparent agents, servants, and/or employees, including, but not limited to, its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D. 4. Defendant, Dr. Aviles, diagnosed the plaintiff with chronic back pain and discharged said plaintiff three hours later on or about September 13, 2022, at approximately 5:47 p.m., with no differential diagnosis and/or workup for the plaintiff’s severe left leg pain, including, but not BERKOWITZ AND HANNA LLC limited to, a vascular and/or hematology consultation, diagnostic testing, including, but not limited S H E L T O N , C O N N E C T I C U T 06484 to, CTA and/or Doppler testing to check for pulses. Said defendant, Dr. Aviles advised said 2 CORPORATE DRIVE plaintiff to follow up with her spine doctor, and to take steroid medication and nausea medication J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 as prescribed. 5. Between on or about September 13, 2022 through on or about September 20, 2022, the plaintiff’s left lower leg pain progressively worsened to the extent that she required an ambulance to transport her to defendant, St. Vincent’s Medical Center’s Emergency Department on or about September 21, 2022 with complaints of debilitating 10/10 severe left lower extremity pain, after waking up that morning with left leg and foot numbness, cold to the touch and bilateral calf cramping. 6. While in the emergency department, the plaintiff was examined by David Young, M.D., an emergency medicine physician, who noted that the plaintiff had decreased pulses at the left foot and her left foot was cool to the touch. In addition, said plaintiff underwent a left lower extremity 2 Doppler ultrasound, which revealed no palpable femoral pulse at the left foot with concern for an ischemic left leg. 7. Immediately thereafter, the plaintiff underwent a left lower extremity artery Doppler ultrasound and CTA of the abdomen, pelvis, and lower extremities which revealed extensive occlusions of her left leg that ultimately left her with an ischemic leg. 8. Based on these critical findings, the plaintiff was admitted as an inpatient to said defendant hospital, transferred to the operating room and underwent an emergent left iliofemoral thrombectomy, left femoral and popliteal exposure, a popliteal embolectomy with endarterectomy BERKOWITZ AND HANNA LLC and a diagnostic left lower extremity angiogram. After the emergent procedure, the plaintiff was S H E L T O N , C O N N E C T I C U T 06484 transferred to said defendant hospital’s intensive care unit (ICU) for close monitoring. 2 CORPORATE DRIVE 9. Unfortunately, despite the above interventions, the plaintiff’s left lower extremity J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 remained ischemic, without motor function and sensory function, tissue loss, cyanosis, and distal mottling, which ultimately caused her left lower leg to become necrotic. As a result, the plaintiff was recommended that she undergo a left leg amputation. Therefore, on or about September 29, 2022, the plaintiff was intubated, sedated and underwent a left below knee amputation. Following said surgery, said plaintiff was transferred to the progressive care unit (PCU) for further management. 10. During said admission, between on or about September 29, 2022 through on or about October 6, 2022, the plaintiff, Jessica Eaton, underwent multiple consultations/procedures, testing, and imaging, including, but not limited to, placement of a dual lumen PICC line to the left upper arm for the administration of medications, pain management consultations including the 3 administration of IV pain medication for severe postoperative pain, vascular surgery, wound care and hematology consultations. 11. On or about October 6, 2022 the plaintiff was transferred to acute inpatient rehabilitation in said defendant hospital where she underwent rehabilitative therapy, including, but not limited to, occupational therapy, physical therapy, physiatrist services, nursing and aide and supportive services. On or about October 12, 2022, the plaintiff was discharged and was to be provided with visiting nurse services at home, follow up appointments were scheduled with vascular surgery, hematology, pain management and primary care physician, and she was advised to continue with BERKOWITZ AND HANNA LLC outpatient occupational therapy and physical therapy. S H E L T O N , C O N N E C T I C U T 06484 12. Between the plaintiff’s discharge on or about October 12, 2022 through present, the 2 CORPORATE DRIVE plaintiff has undergone multiple consultations/procedures, testing, and imaging, including, but not J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 limited to, hospitalizations for a spilt thickness skin graft from the left anterior thigh over the left below knee amputation, with placement of a wound VAC, numerous wound debridement procedures, and treatment including, but not limited to, vascular surgery, wound care, hematology, and pain management consultations, and has been left with significant permanent injuries, pain and disfigurement, including life-altering permanent injuries, including a prosthetic limb. 13. The injuries suffered by the plaintiff, Jessica Eaton , were caused by the failure of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, including, but not limited to its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D., to exercise reasonable care under all of the circumstances then and there present in that the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, including, but not 4 limited to, its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D. by: (a) failing to timely diagnose the plaintiff’s vascular disease in her left lower extremity during said September 13, 2022 hospital admission; (b) failing to timely diagnose the plaintiff’s arterial blood clots in her left lower extremity during said September 13, 2022 hospital admission; (c) failing to timely treat the plaintiff’s arterial blood clots in her left lower extremity during said September 13, 2022 hospital admission; BERKOWITZ AND HANNA LLC (d) failing to create a differential diagnosis for the plaintiff’s complaints which S H E L T O N , C O N N E C T I C U T 06484 included severe pain in her left lower extremity during said September 13, 2022 hospital 2 CORPORATE DRIVE admission; J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 (e) failing to perform a complete examination of the plaintiff, including sensory and pulse exams, as well as ordering vascular and hematology consultations, as well as a CT angiogram to rule in or rule out an arterial blood clot in the lower extremities during said September 13, 2022 hospital admission; (f) failing to timely refer the plaintiff for a vascular and/or hematology consultation during said September 13, 2022 hospital admission; (g) failing to understand that the plaintiff’s leg injury symptoms required urgent care during said September 13, 2022 hospital admission; (h) improperly discharging the plaintiff on or about September 13, 2022 despite signs and/or symptoms of a vascular disease, including potential left leg blood clots; 5 (i) improperly allowing the plaintiff’s left leg to deteriorate and progress to an irreversible ischemic leg that ultimately required a below knee amputation; (j) ignoring the plaintiff’s complaints of left lower extremity pain during said September 13, 2022 hospital admission; (k) failing to become trained, educated, or knowledgeable about the signs and or symptoms of vascular disease, including potential arterial blood clots; (l) failing to provide the plaintiff with a continuity of medical care during said September 13, 2022 hospital admission; BERKOWITZ AND HANNA LLC (m) depriving the plaintiff of early detection and treatment of said vascular disease, S H E L T O N , C O N N E C T I C U T 06484 including potential arterial blood clots and the complications that developed, by failing to timely 2 CORPORATE DRIVE diagnose and/or treat said acute arterial blood clot during said September 13, 2022 hospital J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 admission; and (n) failing to follow rules, regulations, protocols, and/or standards in regards to the care, diagnosis and/or treatment of patients with signs and/or symptoms of lower extremity vascular disease, including potential arterial blood clots. 14. As a result of the carelessness and negligence of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, including, but not limited to, its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, suffered, presently suffers and will continue to suffer the following serious, painful and permanent injuries: (a) Left below knee amputation; (b) Necrotic left lower extremity; 6 (c) Thrombosis of the left femoral artery; (d) Thrombosis of left iliac artery; (e) Thrombosis of the left popliteal artery; (f) Non-healing left knee amputation stump; (g) Periwound erythema; (h) Dehiscence in the proximal suture line; (i) Ongoing severe pain at the incision site; (j) Serosanguineous left leg wound; BERKOWITZ AND HANNA LLC (k) Granulated left leg wound bed; S H E L T O N , C O N N E C T I C U T 06484 (l) Left anterior thigh harvest site wound; 2 CORPORATE DRIVE (m) Left lower limb phantom pain; J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 (n) Severe left lower extremity pain; (o) Impaired balance; (p) Unsteady gait: (p) Decreased strength of the left lower extremity; (q) Severely limited functional use of the left lower extremity; (r) Scarring and disfigurement of the left lower extremity; (s) Pain with walking; (t) Right knee pain secondary to overuse of right leg; (u) Swelling of the right ankle secondary to overuse of right leg; (v) Right leg pain secondary to overuse of right leg; (w) Impaired mobility with all daily activities; and 7 (x) Psychological and neurological sequelae. 15. As a further result of the carelessness and negligence of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, including, but not limited to, its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, was forced to undergo a traumatic left below knee amputation. 16. As a further result of the carelessness and negligence of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, BERKOWITZ AND HANNA LLC including, but not limited to, its emergency department physicians, residents, and/or nurses, S H E L T O N , C O N N E C T I C U T 06484 including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, has 2 CORPORATE DRIVE undergone multiple consultations/procedures, testing, and imaging, including, but not limited to, J URIS N UMBER 412801 THIRD FLOOR (203) 324-7909 hospitalizations for a spilt thickness skin graft from the left anterior thigh over the left below knee amputation, with placement of a wound VAC, numerous wound debridement procedures, placement of a dual lumen PICC line to the left upper arm for the administration of medications, pain management consultations including the administration of IV pain medication for severe postoperative pain, vascular surgery, wound care, hematology consultations, occupational therapy, physical therapy, physiatrist services, and visiting nurse services. 17. As a further result of the carelessness and negligence of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, including, but not limited to, its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D. the plaintiff, Jessica Eaton, has sustained a significant permanent impairment to her left lower extremity. 8 18. As a further result of the carelessness and negligence of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, including, but not limited to, its emergency department physicians, residents, and/or nurses, including, but not limited to, the defendant, Jessica Aviles, M.D., the plaintiff, Jessica Eaton, has sustained significant permanent scarring and disfigurement. 19. As a further result of the carelessness and negligence of the defendant, St. Vincent’s Medical Center, through its agents, apparent agents, servants and/or employees, BERKOWITZ AND HANNA LLC including, but not limited to, its emergency department physicians, residents, and/or nurses, S H E L T O N , C O N N E C T I C U T 06484