STATE OF SOUTH CAROLINA. ) INTHE COURT OF COMMON PLEAS COUNTY OF CHARLESTON }) CIVIL ACTION2016-cP-10- JAVON K. CURNELL as Personal ) Representative of the Estate of JOYCE R.) CURNELL, ) ) Plait, ) ) % ) NOTICE OF INTENT TO FILE SUIT ) INAMEDICAL MALPRACTICE CAROLINA CENTER FOR ) CASE (615-79-125 8CC4), OCCUPATIONAL HEALTH and ) 4, ‘THEODOLPH JACOBS, MD, ) & bo ) 2 Defendants. ) fe i . ) 2 ) & ‘The Pl if hereby submits this Notice of Intent to File Suit pursuant to f 15-7125 of the 1976 SC Code of Laws ws amended 1. Venues prope inthis Court because al ates ar oat in Charleston County, South Carolina, end a substantial part of he alleged ats o omissions giving ie to this ction occured in ths County 1, The Affidavitofan exper witness, subject tothe Affidavit requirements exalished in § 1536-100 1986 SC Code of Las 23 amended itched hort a Exhibit A L.A short and plain statement of the facts showing that the Plintif is entitled tothe reliefs as follows: 1. The 50 year-old decedent, Joyce Cumell, was an Affican-American female with a history of sickle cell disease, chronic ethanolism, and hypertension, At 12:08 PM. on July 21, 2015, Ms. Curl presented via EMS to the emergency room at Roper St.Francis Hospital with complaints of nausea, vomiting, and diarrhea. Lab work was conducted and IV hydration was administered. Emergency Room physician, Kevin Price, diagnosed Ms, Curell with gastroenteritis, and hypertension. To help reduce the vomiting and nausea, Dr Price prescribed Zoftan ODT 4 mg Oral Tablet tobe taken every 46 hours as nesded. During the course of her hospitalization it 1ofa‘was determined that Ms. Curmell had an outstanding beach warrant in connection with 2 2611 shoplifting charge. Thereafter, Charleston County Sheriff's Office responded while Ms. Curnll was sila patient at Roper St. Francis Hospital and placed her under arrest, She was transported to the Charleston County Detention ‘Center for booking at 2:30 PM directly from the Roper St. Francis ER. >. Registered Nurse Katherine Hall documented that verbal and written discharge instructions were provided fo Ms. Curell and the arresting Charleston County Police Officer. According tothe Roper St. Francis ER Discharge Instructions, Ms, CCurnell was to seok PROMPT medical ATTENTION if, i, Increasing abdominal pain or constant lower sight abdominal pain fi, Continved vomiting Frequent diarrhea Reslvced oral intake vy. Weakness, dizziness, fainting vi. Drowsiness, confusion, stiff neck, or seizare Registered Nurse Brandi MeCrae Livingston was the intake nurse responsible for providing the initial medics! sereening of Ms. Cumnell atthe Charleston County Detention Center. Although the records indicate Nurse Livingston was informed ‘of Ms, Cumell limited medical history to include sickle cell disease, hypertension, chronic ethanolism and a recent diagnosis of gastroenteritis, Nurse Livingston reported to SLED that she observed “no acute distress and no complaints of nausea and vomiting, only headache.” Nonetheless, the available medical records do not ‘support that detailed inital assessment, including a complete medical history, ‘physical examination, or treatment plan was performed by the CCOH medical sta, including but not limited to Nurse Livingston. Moreover, there is no indication of | medical staff following hospital recommendations and. symptoms monitoring acconding tothe Roper St Francis Emergeney Room Discharge Instructions. 1. During the initial medical screening, Nurse Livingston contacted the on call physician, Dr. Theodolph Jacobs, who provided his orders, via telephone, for “Zoftan 4img BID x 5 days és needed for nauses (twice daily), Tylenol 650mg BID X 7 days as nced for headache (twice daily)". Upon information and belif, De Jacobs prescribed an inadequate amount of the anti-nausee medication, Zofran, Instead, Me Comell should have heen prewidet novess ta the mediation rgienen 1s prescribed by the physician who physically examined the patient (Zofran ODT 4 mg Oral Tabet to be taken every 4—6 hours) and determined the seventy of her symptoms while at Roper St, Francis Emergency Room, Given Ms. Curmel’s medical history, to include gastroenteritis (vomiting, nausea, and diarthea x 2 days), elestolytes abnormalities (hyponatremia, hypokalemia), uncontrolled hypertension inthe setting of sicke cell disease, and ethanolism, the standard of care required that she be evaluated by a licensed physician. If a physician was not available for an evaluation, Ms, Curmell should been transfered ‘to amedicel facility where such an evaluation could occur. Ifthe decision was made 2ofa‘that it was medically appropriate fo detain her, she should have been detained in @ ‘unit with appropriate medical observation. Moreover, medical staf, including but ‘not limited to Dr. Faeobs, should have ensured that Ms. Curmel offered eppropriate coral orfand TV hydration and was properly monitored for signs and symptoms of | alcohol withdraw and dehydration. Ms. Cumnell was escorted to the B3M unit for housing sometime after the initial ‘medical sereening Detention Officer Charlene Jackson was one of the officers fssigned to Ms, Curmell’s unit. According to er statement, upon entering the BM. ‘unit on the night of July 21, 2015, Ms. Curell was unsteady and “uying to keep her balance.” She complained of her “stomach hurting” and within minutes “she ‘asin the bathroom throwing up." Ms, Cumell reported to Oificer Jackson that she was too week to submit a sick call request. Additionally, Detention Officer ‘Ksisten L, Cook reported that she vomited “through the night” and “couldn’t make it the Bathroom." Officer Jackson provided Ms, Curmell witha red trash bag and at approximately 1:30 AM, contacted Nurse Ashley B, Wiley requesting medical ‘assistance, Nurse Wiley informed Ofer Jackson that a nurse would be coming to the unit around 5:00 AM aad that she would evaluate Ms. Curmel, Ms, Curmell continued fo vomit throughout the night. Ator around 4:45 AM, Nurse LaiTreece L. Gee arrived to the unit, Officer Jackson informed Nurse Gee of Ms, Curnell’s physics! appearance and that she had been vomiting throughout the night, Despite the fact that medical staff had been informed on atleast wo occasions of Ms. Cumell’s open and obvious medical condition that included “ continued vomiting, ineretsing abdominal pain, weakness, dizziness, drowsiness” as described in the discharge instractions from hospital as indications requiring “PROMPT ATTENTION”; in complete and total disregard ofthe Roper St.Francis Hospital Discharge Instructions, the medical staff employed with CCOH refused to provide any medical atention to Ms. Curnell whatsoever. |. In her incident report, Officer Cook reported that on after breakfast on July 22, 2015, Ms. Curell was unable hold her breakfast down and layed down throughout theaftemnoon, vomiting...” Despite Ms, Cumel's physical appearance as described by detention staff and other inmates, there are no records supporting that Ms. ‘Carnell was physically examined, incliding an abdominal examination. Moreover, there are no records or statements to support that she was appropriately monitored ‘and offered oral hydration or IV hydetian to prevent dehytation, ‘According to the Cherleston County Sheriff's Office incident report, Ms. Curnell was last observed by correctional staff on 2:12 PM and was found, unresponsive, at 5:00PM. ‘According to the Autopsy Report, Ms, Cumell died as a result of complications of | ‘gastroenteritis. According to Plaintiff's expext, Dr. Maria Gibson, had Ms, Curnell ‘been timely evaluated by a medical professional and properly treated for her ‘gstrocntertis and dehydration, her deterioration und ultimate death would have, 30fs‘more likely than not based on a reasonable degree of mcal eetainty, been prevented. IV, tis more likely than not thatthe above negligent, grossly negligent, intentional willful and/or reoklese actions or omissions by the Defendants caused the Plains decedent, Joyce Cumell, to ineur damages to include severe pain, suffering and death, V. Standard imerrogatory responses are attached hereto as Exhibit B, VE. Please take notice that pursuant to the South Carolina Cowt-Annexed ADR Rule (le 4), you are advised that this dispute is subject to pr-suit mediation within 120 days. Respectflly Submited, ie se IHL Scott Hans Bvans Moore, LLC 121 Sereven Street Georgetown, SC 29440 Office: (843) 995-5000 Facsimile: (843) 527-4128 Attorneys forthe Plaintift February 24, 2016 Georgetown, SC 29440 sofaExhibit ASTATE OF SOUTH CAROLINA ) INTHE COURT OF COMMON PLEAS ) COUNTY OF CHARLESTON ) CIVIL ACTION 2016-CP-10- JAVON K. CURNELL, as Personal ) Representative ofthe Estate of JOYCE E. ‘CURNELL, ) ) Plaintiff, ) ) % ) AFFIDAVIT OF EXPERT WITNESS } INMEDICAL MALPRACTICE CASE, CAROLINA CENTER FOR ) 8 15-36-100, 15-79-12 OCCUPATIONAL HEALTH and ) THEODOLPH JACOBS, MD, ) ) Defendants. ) ) ) ) I, Masia V. Gibson, MD, PHD, CPE, being duly sworn depose and says: 1am a physician, licensed by the State of South Carolina and the appropriate regulatory agency having jurisdiction over the practice of my profession in the location in whieh 1 practice. 1am Board Certified by the American Board of Family Paysicians, a national association Which sdministers waitten examinations for cetfistion in the area of practice and specialty about which this opinion on th standard of estes offered, 1 have actual professional knowledge and experience inthe specialty and aren of practice in which this opinion is given, as resolt of my having been egulaly engaged in the active practice in the area of specialty and practice for last fourteen (14) years immediately preceding this opinion, Additionally, Ihave spent 10 years teaching medical students and Family Medicine residents as a faculty member of the Medical Univesity of South tofCarolina in Charleston, SC an two years a the Emory University School of Medicine in Atlanta, Georgia (see altached CV), 4. This affidavit is made pursuant §15-36-100 of the 1976 SC Code of Laws, which requires ‘that this affidavit must specify a least one negligent actor emission claimed to exist and ‘the factual basis for ench claim based on the available evidence at the time of the fling of the affidavit, mnce made availsble to me, for my review, prior tothe making ofthis affidavit, SLED Investigative Report with supporting attachments; ‘Avtopsy Report; Death Certificate; Roper St. Francis Emergency Room records; ‘Charleston County EMS records; and Caroling Center for Occupational Health records ‘Additionally, it is my understanding that discovery is expected to commence immediately ‘and thatT can expoct to receive further information including deposition or meical records and/or reports, Therefore, upon receipt and review of this information my opinions may be further supplemented, altered or changed, 6. Through my professional standing as set forth above, Tem familiar withthe applicable standard of cate practiced by health care providers generally, including those who practice medicine and evaluate adult patents in custodial seting. The applicable standard of care requires that: a, In order to formulate the most accurate assessmeat and appropriate plan of treatment ofthe nmate in a given clinical situation, she medical staf at Detention Center must obtain, review, and properly consider all available prior medical records, which document and detsl prior medical history and tretmest that ean be taken into account ', Upon assuming clinical responsibility forthe car ofa new patient, the correctional ‘and modical staf at a Detention Facility including physicians) must, ina timely 20f8fashion, conduet a modical evaluation, including but not Timited to comprehensive history, physical examination, and diagnostic testing appropriate to the patient's satod past medical history and current clinical sttus. . ‘The correctional and medical staff at a Detention Center (including physicians) ‘must, in timely fashion, formulate a diagnostic and therapeutic intervention plan based upon the clinical and diagnostic assessment. Sid intervention plan should take into consideration all reasonable interventions and, in a timely fashion, implement those which are necessary to alleviate suffeting and avert clinical deterioration. In a Detention Center setting, itis the physician's responsibility to ensure that (when clinically warranted) detainees are evaluated forthe presence of medical conditions and receive medical care based on curent health cate standards or and being transferred in a timely manner to an appropiate medical facility capable to provide standards of care under the clinical ciumstances preset tthe time. ‘In a Detention Center setting it isthe security and medical staffs" responsibility to ‘comply with and enforce all national, state, and local medical directives, policies, and procedures that are relevant to given set of elinial circumstances f During the booking process, the security and mesica stafT are required to perform ‘an appropriate medical screening ofeach detainee. This would include the proper ‘observation of the detainee, as well as obtaining the appropriate medical ‘background, history and exam of the patientdetinee ‘After obttining the appropriate hislory and background of the patient at the ‘screening stage of the booking proces, the security and medial staff must ensure that any detaineeipatient with an emergent medical condition is seea in a timely fashion by the responsible physician so the patieat canbe propery evaluated and a plan of treatment implemented, Ifs patients noted to be suffering from sleoholism based on the medical history end alcohol withdrawal is suspected on the basis of said medical screening and no physician is evallable to perform the evaluation, then the detainee/patient must be transfered in timely fashion to the nearest health cate facility where said evaluation canbe carried out “Applicable state and national atandards requite that, ator 2 patentetainer fas been identified (hrough previous medical records, an inital intake screening process, or various processes at anytime thereafter) as possibly in need of alcohol {etoniicaton, she isto be provided the opportunity for an appropriate assessment land plan of treatment to be created and administered by the proper medical personnel. “The security and modical staff of « Detention Center should not accept or book & patientiétaince into the facility whois physically and/or mentally unstable and or in need of emergent medical ear, but arange for immediate transfer to & medical facility with the capability of providing such stabilization, 3018{i Examples of conditions tet could require diagnostic and therapeatic management beyond the scope of a Detention Center to evaluate and treet include but are not limited to: substance abuse, liver disease, acute gastroenteritis, ‘nausea/vomiting/iarthea coupled with sickle cell dseasetats, and hypertension, k, A detaince whose is booked into a Detention Center with an acute or worsening of «chronic medical condition must be seen and evaluated by a qualified physician in ‘timely fashion so that a proper assessment canbe formulated and plan of treatment can be doveloped and implemented. Ifa decision is mode to book a detainee into a Detention Center with serious medical conditions, she must be closely monitored ‘by qualified medical staff so that any change in condition can be communicated to ‘the physician in a timely fashion, The physician then must make an assessment of| the significance of the change in elinial status and ensure that an appropriate ‘management tothe change takes place. 1. Its breach of the standard of medica! car for a nurse (LPN ot RN) to make independent decisions regarding the medical diagnosis and treatment ofa patient “with serious medical conditions, ineluding substance abuse, alcoho] withdrawal, liver disease sickle cell disease/rat and dehydration without communicating the clinical findings with a physician ‘m, It is the on-site or on-call physician's responsibility to ensure that the medical directives of Charleston County Detention Center and Carolina Center for ‘Occupational Health are properly followed and enforoed 17. Thave reviewed the rocords as submitted to me, and based upon my expertise, asset forth above, it is my opinion toa reasonable degree of medical certainty that the modical staff working within the Charleston County Detention Center, to include those employed by Carolina Center for Occupational Health (hereinafter referred to as “CCOM"), the ‘Chasleston County Detention Center, the Charleston County Shesif's Office, andlor ‘Chasleiton County, South Caroling oommitted the fllowing negigoot, eroaly negligent, ‘willful, wanton and/or reckless acts and/or omissions, which constituted failure to comply with the appropriate standard of care: 4 The 50 year-old decedent, Joyce Cumell, was an African-American female with a history of sickle call disease, chronic ethanolism, and hypertension. At 12:08 PM ‘on July 21, 2015, Ms. Curnell presented via EMS to the emergency room at Roper ‘St Francis Hospital with complaints of nausea, vomiting, and diarhea, Lab work ‘was conducted and IV hydration was administered, Emergency Room physician, otsKevin Price, diagnosed Ms. Cumell with gastroenteritis, and hypertension. To help reduce the Vomiting and nausea, Dr Price prescribed Zoftan ODT 4 ng Oral Tablet tobe taken every 4 6 hours as needed. During the course of her hospitalization, «criminal history search was conducted and it was detemnined that Ms. Curell bad fan outstanding bench warrant in connection with a 2011 shoplifting charge. ‘Thereafter, Charleston County Sherif's Office responded while Ms. Curnell was still a patient at Roper St. Francis Hospital and placed her under amest. She was transported tn the Charleston County Retention Center fv hawking at 9:30 DM directly from the Roper St, Francis ER. . Registered Nurse Katherine Hall documented that verbal and written discharge instructions were provided to Ms, Curnell and the arresting Charleston County Police Officer. According to the Roper St. Francis ER Discharge Instructions, MS. CCurmell was to seek PROMPT medical ATTENTION if i. Increasing abdominal pain or constant lower right abdominal pein Continued vomiting Frequent diathea jv. Reduced oral intake v. Weokness, dizziness, fsinting vi, Drowsiness, confusion, stiff neck, or seizure Registered Nurse Brandi MeCrae Livingston was the intake nurse responsible for providing the initial medical screening of Ms. Curnell atthe Charleston County Detention Center, Although the records indicate Nurse Livingston was informed ‘of Ms, Curnell limited modical history oinclode sickle eel disease hypectension, chronic ethanolism and a recent diagnosis of gastwentertis, Nurse Livingston reported to SLED that she observed “no acute distress and no complaints of nausea 1nd vomiting, only headache.” Nonetheless, the available medical records do not ‘support that e detailed initial assessment, including a complete medical history, physical examination or treatment plan was performed by the CCOH medical staff, including but not limited fo Nurse Livingston. Moreover, there is no indication of ‘medical staff following hospital recommendations and symptoms monitoring, according tothe Roper St, Francis Emergency Room Discharge Instructions. Dring the initial medical seresning, Nurse Livingston contacted the on call physician, Dr. Theodolph Jacobs, who provided his orders, via telephone, for “"Zofran 4mg BID x 5 days as needed for nausea (twice daily), Tylenol 650mg BID x 7 days as need for headache (twice daily)”. It my opinion that Dr. Juobs prescribed en inadequate amount of the ant-nausea medication, Zofran. Ms. CCumell should have been provided access to the medication regimen as prescribed by the physician who physically examined the patient (Zofian ODT 4 mg Oral ‘Toblet to be taken every 4 —6 hours) and determined the severity ofher symptoms 1s well as a high risk for developing life threatening dehydration based on her history of sickle cell disease and electrolytes abnormalities at Roper St, Francis Emergeney Room, 5ofeGiven Ms, Comell’s medical history, to include gastroenteritis (vomiting, nausea, and diarshes x 2 days), electrolytes absomnlities (hyponatremia, hypokalemia), ‘uncontroed hypertension in the setting of sickle cell disease, and ethanolism, the standard of eare required that she be evaluated by a Ficensed physician. TF a physician was not available for an evaluation, Ms. Curnellshoutd been transferred {oa medical facility where such an evaluation could occur. Ifthe decision was made that it was medically appropriate to detain her, she should have been detained in a ‘sit with appropriate medical observation. Moreover, medical staff. including but not limited o Dr. Jacabs, should ave ensured that Ms. Cumell offered appropriate oral or/and TV hydration and was properly monitored for signs and symptoms of ‘leohol withdraw and dehytiration. Failure to ensure tat this was done was a gross deviation ofthe standard of esr. ‘Ms, Cumell was escorted to the B3M unit for housing sometime after the initial ‘odical screening, Detention Officer Chartene Jackson was one of the officers ‘assigned toMs, Curell’s unit. According o her statemeat, upon entering the B3M ‘wit on the night of Tuy 21, 2015, Ms. Cumell was unsteady and “eying to keep her balance.” She complained of her “stomach hurting” and within minutes “she ‘was in the bathroom throwing up.” Ms. Curnel reported to Officer Jackson that she was too weak to submit a sick call request. Additionally, Detention Officer Kristen L, Cook reposted that she vomited “through the night” and “eouldn’t make if tothe bathroom," Office Jacksoa provided Ms. Cumell with a red rash bag and at approximately 1:30 AM, contacted Nurse Ashley B. Wiley requesting medical fstistance. Nurse Wiley informed Officer Jackson that a nurse would be coming to the unit around $:00 AM and that she would evaluate Ms. Cumell. Ms. Carnell continued to vomit throughout the ight. At or around 4:45 AM, Nurse LaTreece L, Gee arrived to the unit, Offioer Jackson informed Nurse Gee of Ms, Cuel’s physical appearance and tat she had beea vomiting throughout the night, Despite the fact that medical staff had been informed on at leas two occasions of Ms ‘Carnell’s open and obvious medical condition that included “ continued vomiting, increasing abdominal pain, weakness, dizziness, drowsiness” as described in the ischarge instructions fiom hospital as indications requiring “PROMPT ATTENTION”, in complete and total disregard ofthe Roper St. Francis Hospital Discharge Instructions, the medical stalf employed with CCOH refused to provide ‘any medical attention to Ms. Curnell whatsoever. The feilure to provide timely ‘medical caro to Ms, Curell was grossly negligent and directly contibuted to het tently death In her incident report, Officer Cook reported that on after breakfast on July 22, 2015, Ms. Curmell was onable hold her breakfast down and “leyed down throughout the afternoon, vomiting...” Despite Ms, Cumel’s physica appearance as described bby detention staff and other inmates, there ate no records supporting that Ms. ‘Cumell was physically examined, including an abdominal examination. Moreover, there are no records or statements to support that she was appropriately monitored ‘and offered oral hydration or TV hydration to prevent dehydration. ote1. According to the Charleston County Sheriffs Office incident report, Ms, Curell ‘was last observed by correctional staff on 2:12 PM and was found, unresponsive, st $00 PM. According to the Medication Administration Records, she received Zofran 4mg twice during her 24 hour detsinment at the Charleston County Detention Center 8. According to the Autopsy Report, Ms. Cumell died as a result of complications of ‘gastroenteritis. ‘The extensive vomiting in the setting of limited hydration due to her deteriorating mental status and abdominal pain caused by her electrolytes abnormalities and dehydration most likely triggered sickling due to her underlying sickle cell diseases, that worsen already existing, dehydration. Additionally, her known and untreated hypertension, ethanolism, chronic liver disease, and coronary artery atherasleross ‘contributed to her death. Simply put, Ms, Cumell died because she was deprived of water. ‘She was too sick to tolerote the dehydration asa result of acute gastroenteritis. Had Ms, Cumell been timely evaluated by a medical profesional and propery treated for her imate death would have, more astoentertis wn dehydration, her deterioration and ul likely than not based on a easonabe degree of medial etn, been prevent 9. While all of he above mentioned opinions ae indicative and examples ofa breach in he standard of cae, some of them ae much worse, They are willl conscious decisions rade in not affording and administering appropriate, proper and emergent medial creo Ms. Curnell,Itismy professional opinion tat thes inedents are not just single fncident ‘of medical negligonce but a oaiea of coneclove violations ofthe ctanderd of care and moet Importantly, writen directive, polices and slatutes which mandate medical care in circumstances like those facing the Defendants. These gross violations ofthe sland of care and conscious indifference to Ms, Cumell's mies ness proximately eased he 0 suffer injuries and die. [SIGNATURE PAGE TO FOLLOW] 708tia V. Gibson, MD, PHD, CPE SWORN TO before me this Bots