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CV-2016-07-3112

AMEN

07/26/2016 14:29:23 PM

STEVENSON, SCOT Page 1 of 5

IN THE COURT OF COMMON PLEAS


SUMMIT COUNTY, OHIO

MARTIN KARL SCHMIDT,


INDIVIDUALLY AND AS
ADMINISTRATOR OF THE ESTATE OF
JEAN ANNE PRELL-SCHMIDT ,
DECEASED
Plaintiff
vs.

SUMMA HEALTH SYSTEM


a/k/a AKRON CITY HOSPITAL
Attn: Risk Manager
Summa Center
168 East Market Street
Akron OH 44308
and
Professional Anesthesia Services
190 N. Union Street #104
Akron, OH 44304
and
Michael P. Smith, MD
190 N. Union Street #104
Akron, OH 44304
and
Gregory Cloyd, MD
166 Aurora Street
Hudson, OH 44236
and

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CASE NO.: CV-2016-07-3112

JUDGE SCOT STEVENSON

AMENDED COMPLAINT
TYPE: MEDICAL MALPRACTICE;
WRONGFUL DEATH

JURY DEMAND ENDORSED


HEREON

Sandra Kurt, Summit County Clerk of Courts

CV-2016-07-3112

AMEN

07/26/2016 14:29:23 PM

Stephen White, CRNA


190 N. Union Street #104
Akron, OH 44304

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and
TeamHealth
Attention: Risk Manager
265 Brookview Centre Way, Suite 400
Knoxville, TN 37919
Defendants

STEVENSON, SCOT Page 2 of 5

Now comes Martin Karl Schmidt, Individually and as Administrator of the Estate of
Jaen Anne Prell Schmidt, Deceased, by and through undersigned counsel, and for his
complaint states as follows:
FIRST CLAIM FOR RELIEF
1.

Plaintiff was appointed Administrator of the Estate of Jean Anne Prell

Schmidt, Deceased, by the Probate Court of Summit County, Ohio being Case Number
2015 ES 01837, The Plaintiff brings this wrongful death action as personal representative
for the exclusive benefit of the surviving next of kin of the Decedent, Jean Anne Prell
Schmidt.
2.

That during the period of January 23, 2015 through January 28, 2015, the

above-named Defendants, their agents, servants and/or employees, rendered negligent


medical treatment to the Decedent, Jean Anne Prell Schmidt. Defendants were timely
served with 180 days notices pursuant to R.C. 2305.113(B)(1) thereby extending the
statute of limitations.

Sandra Kurt, Summit County Clerk of Courts

CV-2016-07-3112

3.

AMEN

07/26/2016 14:29:23 PM

STEVENSON, SCOT Page 3 of 5

That as a direct and proximate result of the joint, combined, and concurrent

negligence of the Defendants, their agents, servants and employees, the Decedent, Jean
Anne Prell Schmidt died on January 28, 2015. Jean Anne Prell Schmidt is survived by
Martin K. Schmidt and other next of kin, all whom are beneficiaries of this action.
4.

The beneficiaries and next of kin of Jean Anne Prell Schmidt have suffered

damages for the loss of services for the time that she was expected to live.
5.

The beneficiaries of Jean Anne Prell Schmidt have suffered damages for the

loss of society over her life expectancy, including the loss of companionship, care,
assistance, attention, advice, counsel, guidance, comfort, society, and consortium.
6.

The beneficiaries and next of kin of Jean Anne Prell Schmidt have suffered

damages for the mental anguish caused by her death and her pain and suffering.
7.

The beneficiaries and next of kin of Jean Anne Prell Schmidt have suffered

damages which are otherwise recoverable under O.R.C. 2125.02.


SECOND CLAIM FOR RELIEF
8.

Plaintiff realleges and reavers all of the allegations contained in paragraphs

1 through 7 of this Complaint as if fully rewritten herein.


9.

That Plaintiff, Martin Karl Schmidt, Administrator of the Estate of Jean Anne

Prell Schmidt, Deceased, brings this action for the injuries and damages sustained to Jean
Anne Prell Schmidt prior to her death for the benefit of the Estate of Jean Anne Prell
Schmidt.
10.

That as a direct and proximate result of the joint, combined and concurrent

negligence of the Defendants, their agents, employees and servants, Jean Anne Prell
Schmidt suffered pain and mental anguish prior to her death.

Sandra Kurt, Summit County Clerk of Courts

CV-2016-07-3112

11.

AMEN

07/26/2016 14:29:23 PM

STEVENSON, SCOT Page 4 of 5

That Jean Anne Prell Schmidt, deceased, incurred hospital and medical

expenses prior to her death and thereafter up to and including the time of her death.
THIRD CLAIM FOR RELIEF
12.

Plaintiff realleges and reavers all of the allegations contained in paragraphs

1 through 11 of this Complaint as if fully rewritten herein.


13.

That the Estate of Jean Anne Prell Schmidt has incurred reasonable funeral

and burial expenses.


FOURTH CLAIM FOR RELIEF
14.

Plaintiff realleges and reavers all of the allegations contained in paragraphs

1 through 13 of this Complaint as if fully rewritten herein.


15.

That as a direct and proximate result of the joint, combined and concurrent

negligence of the Defendants, their agents, employees and servants, Jean Anne Prell
Schmidt suffered a delay in her diagnosis; serious personal injuries; unnecessary pain and
suffering; loss of chance of cure; suffered great pain, mental anguish, emotional distress
and further claims that because of the medical negligence that occurred, that she
sustained an increased risk of harm.
16.

Plaintiff further states that as a direct and proximate result of the joint,

combined and concurrent negligence of the Defendants, their agents, employees and
servants, Jean Anne Prell Schmidt required the care of physicians and other health care
providers and that said care and treatment was more extensive because of the medical
negligence that occurred.

Sandra Kurt, Summit County Clerk of Courts

CV-2016-07-3112

AMEN

07/26/2016 14:29:23 PM

STEVENSON, SCOT Page 5 of 5

WHEREFORE, Plaintiff demands judgment against the Defendants, jointly and


severally in a sum in excess of Twenty-Five Thousand Dollars ($25,000.00) together with
costs and expenses incurred herein.

Respectfully submitted,
PERANTINIDES & NOLAN CO., L.P.A.

/s/Paul G. Perantinides
______________
PAUL G. PERANTINIDES (0006618)
Attorney for Plaintiff
300 Courtyard Square
80 South Summit Street
Akron, OH 44308-1736
(330) 253-5454
(330) 253-6524 Fax
Email: paul@perantinides.com

JURY DEMAND
Plaintiff hereby demands a trial by jury on all issues contained in Plaintiffs
Complaint.

/s/ Paul G. Perantinides


PAUL G. PERANTINIDES (0006618)
Attorneys for Plaintiff
PGP:thf

Sandra Kurt, Summit County Clerk of Courts