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MAIN STREET LAW OFFICE

258 Main Street Batavia, OH 41042 513-558-7403; Fax 877-773-2198 beetemap@ucmail.uc.edu

A. Page Beetem, Esq. Licensed in OH & KY

Susan Yaroshevich, Paralegal

March 20, 2014

Mr. Bruce Davis Law Offices of Davis & Davis 123 Main Street Batavia, Ohio 45103 RE: Mount Vernon Medical Center, et al. Case No: 14-A7507

Dear Mr. Davis: In the interests of the case of Doyle v. Mount Vernon Medical Center to a speedy and just conclusion, I have been authorized by my client, Mr. Theodore Doyle, to make the following settlement offer to your client. Please consult with your client, give this settlement offer all due considerations, and contact my office with your response within fourteen days from the receipt of this letter.

Identity of the Plaintiff Social History Theodore Doyle was born on November 26, 1946, as the only child born to
the loving parents Bob and Barb Doyle. The family resides at 852 Wren Street Batavia, Ohio 45103. Mr. Doyle is employed as a cashier at the Home Depot, a position he has held for over 15 years. Theodore is a member of the club The National Bingo Association and volunteers at the local YMCA as a part-time babysitter for their daycare unit.

Medical History Mr. Doyle was a very healthy baby boy. He has never suffered from any
disability or injury of the heart or had any serious allergic reaction to anything as severe as this one in the past. Before the accident he was, in fact, in great health and spent his off days living a healthy lifestyle with his wife.

Facts of the Case On March 17, 2012, Theodore Doyle was severely injured while having a
routine IVP procedure done to him. Mr. Doyle was traveling from his home state of California to Nevada to partake in a diagnostics test using state of the art equipment created by the Mount Vernon Medical Center. This simple IVP procedure was performed by Mount Vernons very own Dr. Abigail Roosevelt, a radiologist working in the lab. When Mr. Doyle arrived at the Medical Center he was placed in an ordinary patients room to fill out paper work and sign consent forms. Sitting in the room for what had been a couple of hours, a nurse had finally come and collected all needed forms. Mr. Doyle states that the nurse had never once asked him if he had any concerns about the procedure or if he had any allergies he was worried about, which was a failure to do her job properly. Theodore Doyle was then escorted to the Operating Room where the routine diagnostics test was to take place. Generally during these IVP procedures, all patients no matter how young or old are supposed to receive a 30mL dose of epinephrine before the contrast medium, or dye, enters the body. This contrast medium helps the radiologist examine the internal organs better. Epinephrine is a precaution that all medical centers must take to ensure that the patient does not have a lifethreatening anaphylactic shock, or allergic reaction, when the dye enters the body. When Dr. Roosevelt began the procedure, she injected Theodore Doyle with the contrast medium. As stated by Mr. Doyle he said his body had no warning of what was about to occur when suddenly he began to feel numb a couple moments after the injection. He began to go in and out of consciousness and suddenly his body was trembling violently. Mr. Doyle had just experienced a never before life-threatening heart attack. Multiple diagnostics and tests show that there was no trace of epinephrine ever found in Mr. Doyles body. A statement taken from witness, Alan Mercer, acknowledges that Dr. Abigail Roosevelt did not go through the proper procedure before going through with the entire examination.

Theories of Recovery Plaintiff, Theodore Doyle, has four theories of recovery of medical
negligence: 1. Defendant, Dr. Roosevelt, had a duty of care towards Plaintiff, Theodore Doyle, to follow medical care guidelines as accepted in the medical community. Dr. Roosevelt established a doctor/patient relationship when Mr. Doyle submitted personal information to Mount Vernon Medical Center. 2. Defendant, Dr. Abigail Roosevelt, breached her duty of care and violated standard medical procedure during the routine diagnostics test by not giving Plaintiff, Theodore Doyle, a dose of the recommended epinephrine to precaution the allergic reaction that can happen during this procedure. 3. By not giving the antidote pre-surgery defendant, Dr. Roosevelt, caused the injury of the heart attack and allergic reaction of the body to occur because of the lack of treatment she gave. Without the antidote Plaintiff, Theodore Doyle, had bigger chances of death during procedure. 4. Plaintiff, Theodore Doyle, suffered compensable and punitive damages due to the fact that after surgery he had to take time off work to recover from the almost fatal

heart attack (income loss), also Plaintiff, Theodore Doyle, had incurred a lot of pain and suffering during and after the procedure and has to deal with the aftermath of his now declining health. Hospitalization and treatments have resulted in a substantial amount of medical bills. The proof of the first theory is supported by the witness testimony of Alan Mercer, who works alongside Dr. Roosevelt every day, stated that defendant, Abigail Roosevelt, did not explain the dangers of the procedure to the patient and never received his signature of consent. Defendants could argue that all the consent forms were signed by Plaintiff, Theodore Doyle, in the patient room. If this is the argument then Plaintiff, Mr. Doyle, will call upon his second theory that Dr. Roosevelt had severely breached her duty when she didnt give Mr. Doyle the proper dosage of epinephrine. The Plaintiff, Mr. Doyle, will submit evidence that will show that before each one of these IVP procedures there should be an injection of epinephrine and also Plaintiff, Doyle, will prove that no trace of epinephrine existed in his body. This brings us to our third theory that defendant, Roosevelt, caused the almost fatal trauma to occur because of the lack of antidote in Mr. Doyles body to help reverse a potential heart attack, but it was obviously too late because the damage was already done. The plaintiff, Mr. Doyle, will give further convincing evidence that will prove our last theory, damages, by submitting documents such as his lost wages and income, medical bills including prescription medication and doctors fees. From this the jury can assume that a failure of properly diagnosing Theodore Doyle in this routine and simple procedure led to the internal bodily damages that can be proved with the attached CT scan, or X-ray.

Medical Mr. Theodore Doyle was air-lifted and taken to Bethesda Hospital after the lifethreatening injury occurred. An initial medical examination was conducted by Dr. Smith, a cardiologist at Bethesda Hospital. Dr. Smith indicated that Mr. Doyle suffered a severe heart attack that damaged his blood vessels greatly. This will leave Mr. Doyle to a life long struggle of irregular heart rhythms, damage to the heart wall, and sudden drops in blood pressure which can later cause his heart to be unable to pump enough blood to the rest of his bodily organs.

Proposed Settlement Plaintiff, Theodore Doyle, is asking for a total of $49,530 in total
medical damages. This includes prescription medications, doctors fees, chest X-rays, blood tests, mammograms, etc. The permanent affects after a heart attack necessitate special and proper care to maintain the proper stability of the heart. It is anticipated that a jury verdict could fall between $50,000-53,000. I would recommend a settlement of the above: $49,530.

Very Truly Yours,

______________________ Page A. Beetem