it was beyond the superior vena cava and into the right heart atrium of a 13-year-old girl, and

medical mismanagement after the surgeon-inflicted injuries, causing patient death.

PARTIES, JURISDICTION, AND VENUE
QUINIECE T. HENRY AND QUENTIN HENRY SR.
2.

Quiniece T. Henry (Quiniece), the patient, was a 13-year-old girl and a resident

of Kent County, Michigan when she died on February 13, 2014.

3.

Quentin Henry Sr. is Quinieces father, and duly appointed Personal

Representative for the Estate of Quiniece T. Henry. In this action, he acts in his representative
capacity as the plaintiff (Plaintiff or Quentin).
The photograph below shows Quiniece, before her death:

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

4.

DEFENDANT SPECTRUM HEALTH HOSPITALS DEFENDANT SPECTRUM

5.

Defendant Spectrum Health Hospitals (Defendant Spectrum) is a Michigan

corporation with its principal place of business in Kent County, Michigan and subject to
jurisdiction of this Court.
6.

Quiniece was a patient of Defendant Spectrum in February 2014.

7.

In February 2014 Defendant Spectrum employed, or had contracts for patient-care

services by, James M. DeCou MD.

8.

In February 2014 Defendant Spectrum employed, or had contracts for patient-care

services by, Jeremy C. Bushman MD.

9.

In February 2014 James M. DeCou MD provided medical services to Quiniece as

agent (actual, apparent, ostensible, or by estoppel) of Defendant Spectrum.

10.

In February 2014 Jeremy C. Bushman MD provided medical services to Quiniece

as agent (actual, apparent, ostensible, or by estoppel) of Defendant Spectrum.

11.

Defendant Spectrum is liable for any negligence in February 2014 by James M.

DeCou MD.
12.

Defendant Spectrum is liable for any negligence in February 2014 by Jeremy C.

Bushman MD.
DEFENDANT PEDIATRIC SURGEONS OF WEST MICHIGAN PC
DEFENDANT PEDIATRIC SURGEONS
13.

Defendant Pediatric Surgeons of West Michigan PC (Defendant Pediatric

Surgeons) is a for-profit Michigan corporation with its principal place of business in Kent
County, Michigan, and subject to the jurisdiction of this Court.

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

14.

In February 2014 Defendant Pediatric Surgeons employed, or had a contract for

patient-medical services by, James M. DeCou MD.

15.

In February 2014 James M. DeCou MD provided medical services to Quiniece as

an agent (actual, apparent, ostensible, or by estoppel) of Defendant Pediatric Surgeons.

16.

Defendant Pediatric Surgeons is liable for any negligence by James M. DeCou

MD in February 2014.

DEFENDANT GRAND RAPIDS MEDICAL EDUCATION PARTNERS

DEFENDANT GRMEP
17.

Defendant Grand Rapids Medical Education Partners (Defendant GRMEP) is

a Michigan corporation with its principal place of business in Kent County, Michigan and is
subject to the jurisdiction of this Court.
18.

In February 2014 Jeremy C. Bushman MD provided medical services to Quiniece

as an agent (actual, apparent, ostensible, or by estoppel) of Defendant GRMEP.

19.

Defendant GRMEP is liable for any negligence in February 2014 by Jeremy C.

Bushman MD.
DEFENDANT JAMES M. DECOU MD DEFENDANT DECOU
20.

Defendant James M. DeCou MD (Defendant DeCou) is a medical doctor

licensed to practice medicine in Michigan, in February 2014 practiced as a pediatric surgeon in

Kent County, Michigan, resides in Kent County, Michigan, and is subject to the jurisdiction of
this Court.
THE DEFENDANTS, COLLECTIVELY DEFENDANTS
21.

Defendants Spectrum, Pediatric Surgeons, GRMEP, and DeCou shall be referred

to collectively as Defendants.

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

22.

Defendants cared for Quiniece in February 2014 as their shared patient.

JURISDICTION AND VENUE

23.

Defendants are subject to the jurisdiction, and venue is proper, in this Court.

24.

The amount in controversy exceeds $25,000, exclusive of all costs and interest,

and thus this case is within the jurisdictional limits of this Court.

FACTUAL ALLEGATIONS
FEBRUARY 7, 2014 DEVOS CHILDRENS HOSPITAL ADMITTED QUINIECE
FOR A BURKITT LYMPHOMA TUMOR
25.

On February 7, 2014, an ultrasound of Quinieces abdomen showed a very large

lobulated-appearing mass that occupies essentially the entire abdomen. Helen DeVos
Childrens Hospital admitted her for the finding.
26.

Later that evening, pediatric oncologist Beth Anne Kurt MD explained to the girl

and her parents the medical team would biopsy the mass the next day.
27.

Dr. Kurt stated the mass was a lymphoma such as a Burkitt lymphoma.

28.

Burkitt lymphoma is the most common childhood lymphoma and almost always

curable.
FEBRUARY 8, 2014 SURGICAL TISSUE SAMPLE BIOPSY OF TUMOR
AND TWO CATHETERS INSERTED
29.

On February 8, 2014, a chest x-ray found Quinieces anatomy and blood vessels

were normal and no cancer, i.e., no evidence of metastatic disease. A CT scan of Quinieces
chest, abdomen, and pelvis confirmed the findings.
30.

Spectrum Health selected James M. DeCou MD of Pediatric Surgeons of West

31.
C O U N S E L

BUCHANAN

PLC

Michigan, P.C. to be the pediatric surgeon for Quiniece, and he examined her that morning.

take a tissue sample biopsy of the tumor for analysis, and insert two central venous catheters.

L I T I G A T I O N

32.
BUCHANAN

Defendant DeCou explained to Quineices family he would take her to surgery,

The plan was one catheter would be used for infusing chemotherapy medications

and the second catheter would be used for dialysis if needed.

33.

Quinieces parents followed Defendant DeCous directive, and at 12:14 pm

hospital personnel wheeled the girl to the operating room for the surgery.

DEFENDANT DECOU TOOK A TISSUE SAMPLE BIOPSY OF THE TUMOR

AND INSERTED TWO CENTRAL VENOUS CATHETERS
Catheter for Medications
34.

Defendant DeCou and medical-resident physician Jeremy C. Bushman MD

started surgery at 12:53 pm.

35.

Defendant DeCou and Dr. Bushman inserted a 2-line catheter to be used later for

chemotherapy medications.
Tissue Sample Biopsy of the Abdominal Tumor
36.

Defendant DeCou and Dr. Bushman examined the tumor and took a tissue sample

of it (biopsy) for analysis.

37.

Defendant DeCou and Dr. Bushman handed the tissue sample for evaluation to

the pathologist in the operating room.

38.

The pathologist in the operating room examined the tissue sample and confirmed

the tumor was a lymphoma.

Dialysis Catheter
39.

Defendant DeCou and Dr. Bushman then put in a 3-line ARROWGARD catheter that

might be used later for dialysis.

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

40.

Defendant DeCou and Dr. Bushman used ultrasound equipment to find the right

internal jugular vein in the neck and inserted a guidewire into the vein.
41.

Defendant DeCou and Dr. Bushman moved the wire straight down the vein

toward the heart.

42.

During catheter placement, the heart monitor showed a sudden irregular change in

beat, likely caused when the guidewire touched the inside of the right atrium.

43.

Defendant DeCou and Dr. Bushman pulled the guidewire back slightly until the

abnormal heart beat stopped and then slid the hallow catheter over the wire.
44.

Defendant DeCou and Dr. Bushman pulled out the guidewire, and anchored the

catheter to the neck with sutures.

Chest X-Ray Found Dialysis Catheter Tip Too Deep and Inside Right Atrium,
But Surgeons Did Not Correct its Position
45.

After insertion of the dialysis catheter and while still in surgery, an x-ray of the

patients chest was taken at 3:24 pm.

46.

The x-ray found a catheter tip was too deep because it was in the right atrium:
Findings: . . . There is a double-lumen internal jugular catheter
of the right atrium. . . . There is also a left subclavian line with its
tip in the right atrium. [Emphasis supplied]

47.

The chest x-ray (with red line added by us to highlight course of catheter and

hashed red line to indicate base of superior vena cava) below illustrates the placement of the

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

dialysis catheter in Quiniece:

48.

The radiologist reported the catheter-tip findings to the surgeons by 3:34 pm

while surgery was still occurring.

49.

The dialysis catheters manufacturers written warning alerted the surgeons never

to allow the catheter to remain in the right atrium.

50.

Below is a written warning by manufacturer ARROWGARD that was in the catheter

package:

51.
BUCHANAN

C O U N S E L

PLC

Defendant DeCou and Dr. Bushman did not pull back the dialysis-catheter tip.

L I T I G A T I O N

BUCHANAN

After receiving report of the intraoperative x-ray finding from radiology,

Surgery Ended and the Oncologist Gave a Favorable Prognosis for Quiniece
52.

Defendant DeCou and Dr. Bushman concluded surgery at 3:55 pm.

53.

When Dr. Bushman dictated the operative report after surgery, he did not mention

the intraoperative chest x-ray or its finding of the location of the dialysis-catheters tip.

54.

In the post-surgery recovery unit, oncologist Sharon H. Smith MD informed

Quinieces parents the mass was likely Burkitt lymphoma and treatable with chemotherapy. The
oncologist recommended chemotherapy start the next morning.
MIS-POSITIONED DIALYSIS-CATHETER TIP SOON CAUSED SYMPTOMS
55.

Later that evening Quinieces heart beat fast, she struggled to breathe, and she had

a slight fever.
56.

Nurses alerted the ADVANCED WARNING AND RESPONSE EVENT (AWARE) Team

of Quinieces medical condition and it evaluated her and gave her medications.
57.

Quiniece slept sitting up that night because of breathing difficulty.

February 9, 2014
58.

Tests the next morning revealed worsening kidney function.

59.

Physicians informed Quiniece and her parents of concern for Tumor Lysis

Syndrome and plan to start continuous renal replacement therapy (CRRT).

60.

A physician assistant transferred Quiniece to the pediatric intensive care unit

(PICU).
61.

Dr. Smith informed Quiniece and her parents the pathology evaluations of the

C O U N S E L

and was Stage III.

L I T I G A T I O N

BUCHANAN

BUCHANAN

PLC

tumor tissue confirmed Burkitt lymphoma. She also told them the lymphoma had not spread,

62.

Dr. Smith stated 5 months of chemotherapy would resolve the lymphoma.

63.

At 7:00 pm a hospital nurse started CRRT using the dialysis catheter.

64.

When the nurse checked the catheters three lines (i.e., lumens) by putting a

syringe in the pigtail of each and suctioning, for two of the lines the syringe plunger was hard to
pull back and little or no venous blood came up.

65.

The nurse injected saline into the lines trying to clear blockage.

66.

On the nurses re-check of the catheters lines, bloody liquid came up when the

syringe plunger was pulled back.

67.

The nurse started CRRT by infusing normal saline with calcium chloride into the

dialysis catheter.
68.

Quiniece acted scared and nervous during the CRRT infusion but she

cooperated.
69.

By 9:07 pm Quinieces temperament deteriorated. She was restless, tense,

rigid, jerking, grimacing, moaning, and very uncomfortable.

70.

Quiniece started coughing and the cough got worse.

71.

By 10:45 pm Quiniece demonstrated increasing agitation and restlessness.

72.

At 11:02 pm Quinieces heart raced at 119 beats a minute, blood pressure dropped

to 93/62, and she was gasping for air at a rate of 33 breaths a minute.
73.

Blood testing revealed a drop in ionized calcium.

74.

A pediatric intensivist ordered a bolus of intravenous calcium chloride to correct

the low calcium and to increase blood pressure, and a hospital nurse used a line of the dialysis

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

catheter for the infusion.

FLUIDS RUNNING INTO THE DIALYSIS CATHETER FILLED THE PERICARDIAL SAC AROUND
QUINIECES HEART, COMPRESSING HER HEART AND IMPEDING ITS PUMPING
75.

At 11:03 pm Quiniece huffed for air at a rate of 45 times each minute, the heart

raced to 118 beats a minute, and blood pressure dropped to 70/51.

76.

By 11:40 pm Quinieces blood-oxygen level dropped to 90%, even though she

received 1 liters of supplemental oxygen a minute by a nasal cannula.

10

77.

By 11:45 pm Quiniece was rolling around in bed and the nurse asked a

physician for a continuous intravenous drip of sedation medication.

78.

At 11:45 pm Quiniece gasped at a rate of 39 times a minute, heart raced at 144

beats per minute, the vitals monitor could not get a measurable blood pressure, and the bloodoxygen level dropped to 82%.
79.

Quiniece was writhing in agony, and begging for help.

80.

At 11:50 pm, Quinieces heart slowed to 37 beats a minute and blood-oxygen

level dropped to 80%. Quiniece became unresponsive and her skin tone turned blue (extremely
cyanotic).
81.

The nurse called a code at 11:51 pm. The code team started cardiopulmonary

resuscitation (CPR), inserted a breathing tube, and injected medications.

82.

The monitor on Quiniece displayed a heart rhythm, but the code team felt no

pulse, i.e., a medical emergency called Pulseless Electrical Activity (PEA).

February 10, 2014
83.

A chest x-ray of 12:24 am on February 10 found the two catheters are

unchanged, i.e., exact same positions shown by intraoperative x-ray the day before.
At 1:00 am a pediatric cardiovascular surgeon started extracorporeal membrane

oxygenation (ECMO) to pump oxygenated blood to Quinieces tissues.

C O U N S E L

BUCHANAN

PLC

84.

85.

An echocardiogram found a significantly sized pericardial effusion (i.e., fluid

L I T I G A T I O N

BUCHANAN

filling the sac (pericardium) around the heart.)

11

86.

The image below illustrates a pericardial effusion:

87.

The echocardiogram showed severe global depression of the left ventricle of

the heart, and that pressure from fluids in the pericardial sac impeded right ventricle function.
TESTING CONFIRMED FLUID IN SAC AROUND HEART WAS FROM THE
MIS-POSITIONED DIALYSIS-CATHETER TIP
88.

The pediatric cardiovascular surgeon emergently inserted a drain into the

pericardial sac at 1:42 am to remove the fluid collection and relieve pressure impeding heart
function.
89.

Clear fluid came out of the drain. The pediatric cardiovascular surgeon noted in

the medical chart the liquid did not look like pericardial fluid: I placed an intrapericardial

BUCHANAN

90.

Below (with portions highlighted in yellow by us for visibility) is a part of the

February 10, 2014 operative report:

L I T I G A T I O N

BUCHANAN

C O U N S E L

PLC

drain which drained clear fluid which was sent for analysis as this was most unusual.

12

91.

The pediatric intensivist made and charted a similar finding: The fluid did not

appear at all proteinaceous and was highly unusual in character for usual pericardial
effusion.
92.

Below (with portions highlighted in yellow by us for visibility) is a part of the

February 10, 2014 progress note by the pediatric intensivist:

93.

The medical team used a nearby machine (e.g., an i-STAT analyzer or similar

equipment) to test the fluid drained from the sac for cell count, electrolyte levels, and pH.
94.

Calcium and chloride levels of the drained fluid were so high the analyzer

equipment could not read the levels.

95.

Below (with portions highlighted in yellow by us for visibility) is the analyzer

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

results for the fluid drained from the pericardial sac:

13

96.

The drain removed 761 cc of fluid from the pericardial sac.

97.

Left ventricle and right ventricle function of Quinieces heart improved after the

fluid drain.
98.

The pediatric intensivist and pediatric cardiovascular surgeon both determined a

mis-positioned dialysis catheter penetrated the heart sac because the drained fluid had come from
a line exiting at the catheter tip.
99.

The pediatric intensivist wrote in the patients chart: In retrospect I am highly

suspicious that the distal lumen of the dialysis catheter that was being used for calcium
infusion had eroded through the atrium into the pericardial space subsequently causing
cardiac tamponade.
100.

Below (with portions highlighted in yellow by us for visibility) is a part of the

February 10, 2014 progress note by the pediatric intensivist:

101.

The pediatric cardiovascular surgeon wrote in the patients chart: The analysis

of the fluid showed unrecordably high level of calcium and there was some suspicion that the

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

recently placed right IJ dialysis catheter could have been leaking fluid into the pericardial
space. The usage of the dialysis catheter was immediately discontinued and the pericardial
drain left in situ.
102.

Below (with portions highlighted in yellow by us for visibility) is a part of the

February 10, 2014 operative report by the pediatric cardiovascular surgeon:

14

103.

The oncologist, later that morning, concurred in the conclusion of catheter

misplacement: cardiac tamponade most likely secondary to RA [right atrium] perforation by

line.
SURGEON-INDUCED INJURY CAUSED BRAIN DAMAGE
AND DESTROYED QUINIECES COGNITIVE CAPACITY
104.

The pediatric intensivist ordered cooling protocols to reduce brain damage.

105.

The pediatric intensivist notified the family a mis-positioned dialysis catheter

injured Quiniece and he likewise notified hospital risk management.

February 11, 2014
106.

A CT scan of Quinieces brain on February 11, 2014 found anoxic brain

injury and downward transtentorial and impending tonsillar herniation.

107.

Quiniece had profound brain damage and permanent loss of cognitive capacity.

108.

Quiniece never woke up or performed activities of normal, daily living after the

February 8, 2014 surgery.

February 12, 2014
109.

A brain perfusion study on February 12 found little blood flow.

February 13, 2014

BUCHANAN

C O U N S E L

PLC

110.

MEDICAL EXAMINER AUTOPSY FOUND MIS-POSITIONED DIALYSIS CATHETER

CAUSED QUINIECES PREVENTABLE DEATH

L I T I G A T I O N

111.
BUCHANAN

A brain scan on February 13 showed no blood flow. Quiniece died that afternoon.

The Kent County Medical Examiner performed an investigation and autopsy, and

found a right atrial perforation from intravascular line caused the pericardial tamponade.
112.

Autopsy found the catheter perforated the pericardial sac.

15

113.

The Medical Examiner classified the manner of death an Accident and not

Natural because cause of death was healthcare error.

114.

Below (with portions highlighted in yellow by us for visibility) is a part of the

C O U N S E L

115.

L I T I G A T I O N

BUCHANAN

BUCHANAN

PLC

certificate of death:

After the autopsy and final certification of death, a Defendant Spectrum executive

and risk managers met with and pressed the Medical Examiner to change the cause of death. The
Medical Examiner declined.

16

LEGAL CLAIMS AGAINST DEFENDANTS

COUNT I
CLAIM AGAINST PEDIATRIC SURGEON DEFENDANTS
116.

Plaintiff restates and incorporates by reference the allegations in Paragraphs 1

through 115 above.

VICARIOUS LIABILITY FOR NEGLIGENCE OF DEFENDANT DECOU
117.

Defendant Pediatric Surgeons and Defendant Spectrum are legally responsible

(i.e., directly and vicariously liable) for any negligence of Defendant DeCou who acted and
served as their employee and/or agent (actual, apparent, ostensible, or by estoppel) when caring
for and treating Quiniece in February 2014.
118.

Defendant GRMEP and Defendant Spectrum are legally responsible (i.e., directly

and vicariously liable) for any negligence of Jeremy C. Bushman MD who acted and served as
their employee and/or agent (actual, apparent, ostensible, or by estoppel) when caring for and
treating Quiniece in February 2014.
DUTIES OWED
119.

BUCHANAN

C O U N S E L

PLC

Spectrum, owed a duty to Quiniece to refrain from negligence or carelessness in rendering,

L I T I G A T I O N

BUCHANAN

Defendant DeCous principals, Defendant Pediatric Surgeons and Defendant

management, supervision, oversight, execution, or performance of medical care by Defendant

DeCou.
120.

Jeremy C. Bushman MDs principals, Defendant GRMEP and Defendant

Spectrum, owed a duty to Quiniece to refrain from negligence or carelessness in rendering,

management, supervision, oversight, execution, or performance of medical care by Jeremy C.
Bushman MD.

17

121.

Defendant DeCou and his principals, Defendant Pediatric Surgeons and

Defendant Spectrum, owed a duty to Quiniece in February 2014 to render, manage, coordinate,
and supervise her medical care, evaluation, treatment, and services in a reasonable manner
consistent with the applicable standard of practice for a pediatric surgeon.
122.

Jeremy C. Bushman MD and his principals, Defendant GRMEP and Defendant

Spectrum, owed a duty to Quiniece in February 2014 to render, manage, coordinate, and
supervise her medical care, evaluation, treatment, and services in a reasonable manner consistent
with the applicable standard of practice for a medical resident practicing pediatric surgery.
BREACH OF DUTIES
123.

Defendant DeCou and his principals, Defendant Pediatric Surgeons and

Defendant Spectrum, breached the applicable standard of practice for pediatric surgery owed to
Quiniece. The breaches include, without limitation, those described in Paragraphs 124 to 128
below.
124.

Needlessly Endangering Quiniece.

Defendant DeCou and Dr. Bushman

needlessly endangered Quiniece. For instance, on February 8, 2014, they did not correctly place
a central venous catheter. They mis-positioned a catheter so its distal tip was down into and

immediately after placement, i.e., either failing to get an x-ray or ignoring the abnormal results
C O U N S E L

BUCHANAN

PLC

remained in the right atrium. They did not verify actual position of the catheter tip by x-ray

of the one taken at 3:24 pm on February 8, 2014. They did not immediately forbid use of the

L I T I G A T I O N

BUCHANAN

catheter or correct placement after an x-ray taken at 3:24 pm showed catheter misplacement.
They did not heed the manufacturers warning not to place the catheter into the right atrium.
125.

Incorrectly Performed Surgery to Place Central Venous Catheters for

Quiniece. For instance:

18

a. Mis-Positioned Catheter on February 8, 2014. Defendant DeCou and Dr.

Bushman incorrectly placed central venous catheters. They mis-positioned a
catheter so its distal tip was down into and remained in the right atrium.
b. Did Not Verify Actual Position of Catheters by Immediate X-Ray. Defendant
DeCou and Dr. Bushman did not verify actual position of the catheters by x-ray
immediately after placement, i.e., either failing to get an x-ray or ignoring the
abnormal results of the one taken at 3:24 pm on February 8, 2014. They did not
immediately forbid use of the catheter or correct placement after an x-ray taken at
3:24 pm showed catheter misplacement.
126.

Withheld Immediate Response to Mis-Positioned Central Venous Catheter in

Quiniece. For instance, after an x-ray taken at 3:24 pm on February 8, 2014 showed catheter
misplacement, Defendant DeCou and Dr. Bushman did not forbid use of the catheter or
immediately correct placement. They ignored the abnormal results of the x-ray.
127.

Withheld Heeding Manufacturer Warnings for Central Venous Catheter.

Defendant DeCou and Dr. Bushman withheld heeding the manufacturers warning not to place
the catheter into the right atrium. The also did not comply with the manufacturers instruction to
verify actual position of the catheter by x-ray immediately after placement.
128.

Other Negligence. Defendant DeCou and Dr. Bushman failed to do other things

required by the standard of practice, care, or management, and did other things that violated the

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

standard.
AFFIDAVIT OF MERIT IN SUPPORT OF CLAIMS AGAINST PEDIATRIC SURGERY
AND CAUSATION (MCL 600.2912D)
129.

Plaintiff, pursuant to MCL 600.2912d, attaches as Exhibit 1 and incorporates the

AFFIDAVIT OF MERIT BY STEVEN B. PALDER MD attesting to the liability of Defendant DeCou and
to causation.

19

THE MANNER IN WHICH DEFENDANTS BREACHES WERE A

PROXIMATE CAUSE OF THE INJURIES AND DAMAGE
130.

As a direct and proximate result of the breaches described in this COMPLAINT and

attached AFFIDAVIT

OF

MERIT incorporated by reference, Defendants caused Quinieces

preventable injuries and death.

131.

Defendant DeCou and Dr. Bushman mis-placed the central venous catheter so its

distal tip was down into and remained in the right atrium.
132.

A catheter in the right atrium is dangerous and may lead to cardiac perforation

and tamponade. The catheter tip may directly perforate, or rub and gradually erode into, heart
tissue. When the mis-positioned catheter is used, the fluids may go into the space between the
pericardial sac and heart. As fluid fills this space, pressure builds and compresses the heart
muscle, preventing its expansion with relaxation, preventing its re-filling with blood, and
impeding its blood-pumping function.
133.

The danger is well-known and avoidable, the subject of written and graphic image

warnings by catheter manufacturers, and has been well documented in peer-reviewed medical
literature for decades (e.g., R. Brandt, Mechanism of Perforation of the Heart with Production
of Hydropericardium by a Venous Catheter and Its Prevention, Am J Surg 1970; 119:311-316;

L I T I G A T I O N

BUCHANAN
BUCHANAN

C O U N S E L

PLC

P. Collier, Cardiac Tamponade from Central Venous Catheters Report of a Case and Review
of the English Literature, Angiology, Sept 1984; 35:595-600; S. Maschke, Cardiac
Tamponade Associated with a Multilumen Central Venous Catheter, Crit Care Med 1984;
12:611-612).
134.

The mis-positioned dialysis-catheter tip perforated or eroded into Quinieces

pericardial sac. When fluids including calcium chloride were infused into the dialysis catheter,
they started filling the pericardial sac, gradually compressing and impeding Quinieces hearts

20

function until it no longer pumped sufficient blood through the body. Prolonged deficiency of
oxygenated-blood injured her brain and heart, organs especially sensitive to decreased oxygen
levels.
135.

The human circulatory system is a network of vessels that supply blood to the

body. Human tissue depends on constant circulation of blood to supply vital oxygen and
nutrients to its living cells and organs, and to carry away waste. Prolonged disruption, slowing,
reduction, or cessation of blood circulation or supply causes oxygen and nutrient deficiency to
living cells and leads to cell injury, and organ deterioration. Significant injury to an organ can
eventually cause failure, and failure of a vital organ such as brain or heart, can cause death.
136.

Quinieces brain was injured so severely by reduced oxygen it eventually stopped

working altogether and she died.

137.

This catastrophic cascade caused Quinieces death on February 13, 2014.

HARMS AND LOSSES

138.

Plaintiff pursues in this action against Defendants every harm and loss (i.e.,

damage) recoverable under Michigan law.

139.

As a direct and proximate result of Defendants negligence, Quiniece, the Estate

that include, without limitation:

C O U N S E L

BUCHANAN

PLC

(including all persons who may be entitled to damages by law), and Plaintiff suffered damage,

a. Loss of Quinieces earning capacity;

L I T I G A T I O N

BUCHANAN

b. Loss of Quinieces services;

c. Loss of Quinieces household, family housekeeping, and household
management services;
d. Loss of Quinieces society, companionship, love, affection, support,
consortium, and comfort experienced by family members who have survived
her;

21