ELECTRONICALLY FILED - 2018 May 04 3:52 PM - HORRY - COMMON PLEAS - CASE#2018NI2600019

STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS

)
COUNTY OF HORRY ) C.A. No.: 2018-CP-___-________

William Thomas Millwood, Jr., )

)
Plaintiff, ) NOTICE OF INTENT
) TO FILE SUIT
vs. )
)
Grand Strand Regional Medical )
Center, L.L.C., Zachary Bryant, M.D. )
and Antonio D. Pepe, M.D., )
)
Defendants. )
____________________________________)

TO: THE DEFENDANTS NAMED ABOVE:

YOU WILL PLEASE TAKE NOTICE that the above named Plaintiff, by and through his

undersigned counsel of record, hereby files this his Notice of Intent to File Suit, pursuant to

South Carolina Code of Laws §15-79-125, as follows:

STATEMENT OF FACTS

1. Plaintiff William Thomas Millwood, Jr. (hereinafter “Plaintiff”) is a citizen and

resident of Cherokee County, South Carolina.

2. Defendant Grand Strand Regional Medical Center, L.L.C. (hereinafter “Defendant

Grand Strand Regional Medical Center”) is, upon information and belief, a limited liability

company organized and existing under the laws of the State of Delaware that owns property and

conducts business in Horry County, South Carolina.

3. Defendant Dr. Zachary Bryant (hereinafter “Defendant Dr. Bryant”) is, upon

information and belief, a citizen and resident of Horry County, South Carolina. Further

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Defendant Dr. Bryant, upon information and belief, was at all times relevant hereto practicing

medicine at Defendant Grand Strand Regional Medical Center.

4. Defendant Dr. Antonio D. Pepe (hereinafter “Defendant Dr. Pepe”) is, upon

information and belief, a citizen and resident of Horry County, South Carolina. Further,

Defendant Dr. Pepe, upon information and belief, was at all times relevant hereto practicing

medicine at Defendant Grand Strand Regional Medical Center.

5. The negligent acts and/or omissions complained of herein occurred in Horry

County, South Carolina.

6. This honorable Court has jurisdiction of the parties and subject matter of this

action, and venue is proper.

7. On or about May 18, 2016, Plaintiff was involved in a motorcycle crash resulting

in injury to his right shoulder and chest.

8. That same day, Plaintiff presented to South Strand Medical Center complaining of

right shoulder pain and pain on his right side exacerbated by breathing. Plaintiff was found to

have a collapsed right lung, among other diagnoses, and was transported to Grand Strand

Regional Medical Center.

9. On or about May 18, 2016, Plaintiff underwent surgery at the Grand Strand

Regional Medical Center to have a chest tube inserted to heal the collapsed lung. Upon

information and belief, the procedure was performed by Defendant Dr. Bryant with the

assistance of and under the supervision of Defendant Dr. Pepe. According to the May 18, 2016

surgery note, the following occurred during the surgical procedure:

The patient was positioned appropriately for chest tube placement.

The patient’s right chest was prepped and draped in sterile fashion.
1% Lidocaine was used to anesthetize the surrounding skin area.
A 2cm skin incision was made in the mid-axillary line at the

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inframammary crease. Utilizing blunt dissection a subcutaneous
tunnel was created cephalad just adjacent to the superior rib. The
pleural space was entered bluntly and gush of air and blood was
observed. A finger was inserted into the pleural space to check for
anatomy and guide tube insertion. A 36F thoracostomy tube was
inserted using a Kelly clam and positioned appropriately. The
chest tube was sutured securely to the skin and a sterile dressing
applied. A pleurevac was attached to the chest tube and a chest x-
ray obtained.

10. Upon information and belief, Plaintiff remained hospitalized at Defendant Grand

Strand Regional Medical Center until the chest tube was surgically removed on or about May 21,

2016. Upon information and belief, no surgery note exists describing the removal of the chest

tube from Plaintiff. Upon information and belief, Plaintiff was discharged from Defendant

Grand Strand Medical Center that same day.

11. Plaintiff returned home to Gaffney, South Carolina. Plaintiff’s chest tube incision

failed to close and/or heal, and Plaintiff sought treatment from his primary care physician,

Donald Todd Morgan, M.D. on or about June 13, 2016.

12. Plaintiff’s incision continually failed to heal, and Dr. Morgan referred Plaintiff for

wound care at Mary Black Health System Gaffney where William E. Wheeler, M.D. and Howard

William Klickman, M.D. attempted to treat Plaintiff’s wound to no avail.

13. On or about October 21, 2016, Plaintiff was referred to Steven Anthony Leyland,

M.D. because the chest tube incision had not closed and/or healed. On or about November 2,

2016, Dr. Leyland performed exploratory surgery at the site of Plaintiff’s chest tube incision to

determine why it failed to heal. As noted in Dr. Anthony Leyland’s Operative Findings detailed

below, Dr. Leyland, upon information and belief, discovered and removed a portion of a surgical

glove left in Plaintiff from the chest tube placement and removal performed by Defendants:

Operative Findings: There was a 12cm sinus tract that was

measured intraoperatively using a long tipped Q-tip. There was

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marked induration and chronic tissue changes within the sinus
once it was opened. On reaching the midpoint of the sinus tract a
foreign body was encountered with appeared to be a portion of a
surgical glove. This was removed without difficulty.

14. Plaintiff also needed surgery to repair his right shoulder that was injured in the

motorcycle accident; however, Plaintiff was unable to have the surgery until the chest tube

incision completely healed. This delay resulted in further damages to Plaintiff.

15. While Plaintiff was under the care of Defendants, Defendants failed to provide

adequate and appropriate treatment, including the failure to properly assess the Plaintiff, failure

to properly evaluate the Plaintiff, failure to properly treat the Plaintiff, failure to remove a

foreign body in Plaintiff prior to closure, failure to promptly treat the Plaintiff, and failure to

meet ordinary and customary standards of care. Defendants’ failures, individually and /or in

concert with medical staff to be identified through the course of discovery, resulted in Plaintiff

undergoing extensive additional wound treatment and expense, including an additional surgery,

the delay of Plaintiff’s needed shoulder surgery, and subsequent damages suffered by Plaintiff.

16. Defendant Grand Strand Regional Medical Center held itself out to Plaintiff and

to the public at large as a hospital employing qualified and competent doctors and nurses capable

of exercising the requisite degree of skill and care. Defendant Grand Strand Regional Medical

Center owes Plaintiff a duty to meet or exceed the applicable standard of care.

17. Defendant Dr. Bryant held himself out to Plaintiff and to the public at large as a

licensed physician competent to exercise the requisite degree of skill and care. Defendants owed

Plaintiff a duty to exercise the degree of skill and care that a reasonable prudent physician with

similar training would exercise under similar circumstances.

18. Defendant Dr. Pepe held himself out to Plaintiff and to the public at large as a

licensed physician competent to exercise the requisite degree of skill and care. Defendants owed

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Plaintiff a duty to exercise the degree of skill and care that a reasonable prudent physician with

similar training would exercise under similar circumstances.

19. Defendants failed to provide such care to Plaintiff in one or more particulars as set

forth above.

20. As a direct and proximate result of Defendants’ negligence, Plaintiff suffered

extensive additional wound treatment and expense, including an additional surgery and the delay

of Plaintiff’s needed shoulder surgery as set forth hereinabove, and associated damages. Said

damages including pain, suffering, disfigurement and loss of income.

AFFIDAVIT OF EXPERT WITNESS

21. This case is within the ambit of common knowledge and therefore, no Expert

Affidavit is required. See S.C. Code of Laws § 15-36-100(C)(2); Brouwer v. Sisters of Charity

Providence Hospitals, 763 S.E.2d 200 (S.C. 2014).

DISCLOSURES PURSUANT TO RULE 33(b), SCRCP, STANDARD

INTERROGATORIES

1. Potential witnesses are:

a. William Thomas Millwood, Jr.

301 Garvin Lake Road
Gaffney, South Carolina 29340

b. Dr. Zachary Bryant, M.D.

Grand Strand Regional Medical Center
Grand Strand Surgical Care

c. Antonio D. Pepe, M.D.

Grand Strand Regional Medical Center
Grand Strand Surgical Care

d. Employees of Defendant Grand Strand Regional Medical Center

To be identified through investigation and discovery

e. Donald Todd Morgan, M.D.

Medical Group of the Carolinas Family Medicine – Peachview

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f. Steven Anthony Leyland, M.D.
Medical Group of the Carolinas Cardiothoracic Surgery

g. William E. Wheeler, M.D.

Wound Care, Mary Black Health System Gaffney

h. Howard Klickman, M.D.

Wound Care, Mary Black Health System Gaffney

i. Plaintiff reserves the right to call as a witness any other individual whose
identity may become known through further investigation and such
discovery.

2. Relevant documents and potential exhibits:

a. Plaintiff’s chart from Defendants’ practice.

b. Plaintiff’s medical records related to treatment of his chest tube wound,

including records from Medical Group of the Carolinas Family Medicine –

Peachview; Medical Group of the Carolinas Cardiothoracic & Vascular

Surgery; Mary Black Health System Gaffney, Wound Care; and Grand

Strand Regional Medical Center.

3. Plaintiff’s medical providers:

a. Medical Group of the Carolinas Family Medicine – Peachview

722 Hyatt Street
Gaffney, South Carolina 29341

b. Mary Black Health System Gaffney

Wound Care
1530 N. Limestone Street
Gaffney, South Carolina 29340

c. Medical Group of the Carolinas Cardiothoracic & Vascular Surgery

225 East Wood Street
Spartanburg, South Carolina 29303

d. Grand Strand Regional Medical Center

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4. Statement of damages claimed:

a. Medical bills.

b. Lost Wages.

c. All other cognizable damages recoverable per the Common Law of the
State South Carolina.

5. Retained or potential expert witnesses:

a. This case is within the ambit of common knowledge, and therefore, no

Expert Affidavit is required. See S.C. Code of Laws § 15-36-100(C)(2);
Brouwer v. Sisters of Charity Providence Hospitals, 763 S.E.2d 200 (S.C.
2014).

b. Plaintiff reserves the right to elicit expert testimony from any treating
physician or other medical provider as to the treatment rendered Plaintiff.

c. Plaintiff reserves the right to retain additional experts as issues may arise
through discovery.

6. Summary of facts known to or expected testimony from the witnesses

a. Identified in Statement of Facts and No. 1 above.

b. As to each such listed witness, Plaintiff expects such witness to testify

concerning their knowledge of their respective treatment provided to
Plaintiff from May 18, 2016 to December 21, 2016, their observations of
Plaintiff, and the circumstances surrounding the injuries suffered by
Plaintiff.

HARRISON|WHITE, PC

s/Wes A. Kissinger
Wes A. Kissinger
S. C. Bar No: 13949
P. O. Box 3547
Spartanburg, SC 29304
Spartanburg, South Carolina 864-585-5100

Date: May 4, 2018