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DISTRICT COURT, DENVER COUNTY, COLORADO

DATE FILED: March 18, 2016 4:30 AM


FILING ID: 51679B03BC4DE
CASE NUMBER: 2016CV30961

1427 Bannock Street, Room 256


Denver, Colorado 80202
PATRICK AND LESLIE EVANS, GARY ANDERSON,
JOHN AND MARTHA ANDERSON, DAWN AVERY,
FRANK BISHOP, SANDRA AND JAMES BLOWERS,
ROBIN BROWN, JOHN AND LYNDA CHESNEY, MARIE
COLES, GARY AND MICHELLE FIELDS, DENISE
FAUSTINO, SAMANTHA GAGLIANO, KIM HARTMAN,
PAUL HATTERY, NIKKI MILES, MICHAEL MOREAU,
VALERIE PELC, DESIREE PHILLIPS, JANE P., MONICA
ROBINSON, MICHELE SAVAGE, WILLIAM SMITH,
TRACI STANCIL, RANDY SWEARINGEN, JOHN
VALDEZ, LURLENE WAYMAN, MARK AND MARY
WIESE, ANTHONY WEAVER, MARGARET WEGRZYN,
LIYING YI, AND JACK YORK,

COURT USE ONLY

Plaintiffs,
v.
HCA-HEALTHONE LLC, d/b/a Swedish Medical Center,
HEALTHONE OF DENVER, INC., and HOSPITAL
CORPORATION OF AMERICA,
Defendants.
James W. Avery
AVERY LAW FIRM
44 Cook Street, Suite 100
Denver, Colorado 80206
Phone: 303-840-2222
Fax: 303-328-2976
averylawfirm@gmail.com
Attorney Reg. #13037
*Counsel of Record

Case Number:

Division:
Courtroom:

COMPLAINT
Plaintiffs, by and through their attorneys, for their claims against Defendants, allege as
follows:

I. Nature of Case
1. This case involves an indescribable nightmare imposed on a vulnerable group of
peoplehospital patients undergoing surgery. Defendants employed a long-time drug
addict, Rocky Allen, as a surgical technician without adequately conducting a
background check, without adequately supervising him, and without putting in place
adequate safeguards to protect the patients entrusted to their care. Mr. Allen used his
position to take intravenous pain medication intended for surgery patients to satisfy his
drug addiction, replaced the syringe full of pain medication with a syringe full of saline
solution, and then re-used the needle he used to inject himself; thereby exposing
patients to communicable diseases he apparently carried, including HIV and hepatitis B
and C. As a result, thousands of unsuspecting and vulnerable patients received letters
from Defendants disclosing that they should be tested for HIV and hepatitis. Depending
on the outcome of these tests, Plaintiffs were left with at least one of three outcomes:
(1) they suffered extraordinary anxiety awaiting a negative test result, but were still
instructed to get re-tested; (2) they suffered extraordinary anxiety awaiting a positive
test result and now suffer from a diagnosis of HIV and/or hepatitis; and/or (3) they
received saline rather than pain medication in connection with their surgery and suffered
extraordinary pain and suffering as a result of not receiving pain medication.
II. Jurisdictional Allegations
2. Jurisdiction is appropriate in this Court because Defendants committed tortious
acts in the State of Colorado.
3. This Court has personal jurisdiction over Defendants because each of them
maintain sufficient minimum contacts with the State of Colorado and have purposefully
availed themselves of the laws of this State.
4. Venue in this district is proper because defendant HCA-HealthONE resides in
Denver County, Colorado and all three of the Defendants maintain their registered
agent in Denver County, Colorado.
5. This case is not removable to federal court because the Complaint does not raise
federal question jurisdiction, all plaintiffs are not diverse from all defendants, and no
other basis for removal exists.
III. The Parties
A. Plaintiffs.
6. Plaintiffs are each natural persons who reside in and are citizens of Colorado,
Arizona, Florida and Kansas.

7. Plaintiffs Gary Anderson, Jon Anderson, Dawn Avery, Frank Bishop, Sandra
Blowers, Robin Brown, John Chesney, Marie Coles, Patrick Evans, Gary Fields, Denise
Faustino, Samantha Gagliano, Kim Hartman, Paul Hattery, Nikki Miles, Michael Moreau,
Valeri Pelc, Desiree Phillips, Jane P. (a minor), Monica Robinson, Michele Savage,
William Smith, Traci Stancil, Randy Swearingen, John Valdez, Lurlene Wayman, Mary
Wiese, Anthony Weaver, Margaret Wegrzyn, LiYing Yi, and Jack York each underwent
medical treatment at Swedish Medical Center between August 17, 2015 and January 22,
2016, and received the letter described below instructing them to be tested for HIV and
hepatitis.
8. Plaintiffs Leslie Evans, Martha Anderson, James Blowers, Michelle Fields and
Mark Wiese are the spouses or significant others of Plaintiffs who underwent medical
procedures at Swedish Medical Center between August 17, 2015 and January 22, 2016.
B. Defendants.
9. Defendant HCA-HealthONE LLC, d/b/a Swedish Medical Center (Swedish
Medical Center), is a Colorado limited liability company with its principal place of
business in Denver, Colorado and that owns and operates a hospital in Englewood,
Colorado.
10. Defendant HealthONE of Denver, Inc. (HealthONE) is a Colorado corporation,
with its principal place of business in Nashville, Tennessee. HealthONE owns and
operates a number of hospitals, ambulatory surgery centers, and diagnostic imaging
centers, including defendant HCA-HealthONE LLC, in the Denver metropolitan area.
11. Defendant Hospital Corporation of America (HCA) is a Delaware corporation
with its principal place of business in Nashville, Tennessee. HCA owns and operates
defendant HealthONE.
IV. General Allegations
12. Rocky Allen, a former employee of each of the Defendants, was indicted on felony
charges under 18 U.S.C. 1365(a) of Tampering with a Consumer Product and 21
U.S.C. 843(a)(3) and (d)(1) for Obtaining a Controlled Substance by Deceit or
Subterfuge by a federal grand jury in Denver on February 20, 2016. The Indictment, a
copy of which is filed in the United States District Court in the District of Colorado as
Document No. 1, in Case No. 16-cr-67-RM-1 charges:
On or about January 22, 2016 in the State and District of Colorado, the
defendant, ROCKY ALLEN, with reckless disregard for the risk that
another person will be placed in danger of bodily injury, and under
circumstances manifesting extreme indifference to such risk, tampered
and attempted to tamper with a consumer product, to wit: a syringe
containing Fentanyl Citrate, that affected interstate commerce, by

removing the syringe containing Fentanyl Citrate and replacing it with a


similar syringe containing other substance(s).
13. Rocky Allen engaged in similar reckless actions and conduct between 2013 and
2016 while employed by each of the Defendants. Defendants each failed to conduct a
sufficient background check to learn of Mr. Allens long-history of on-the-job substance
abuse prior to his employment with each of the Defendants. The reckless actions and
conduct of Rocky Allen was foreseeable based on the fact that he was court-martialed in
2011 for stealing the same drugs while deployed with an Army unit in Afghanistan. During
that court-martial, Rocky Allen pleaded guilty to making a false official statement,
wrongfully possessing about 30 vials of Fentanyl, wrongly possessing a syringe
containing Fentanyl, stealing Fentanyl and stealing a syringe containing Fentanyl.
14. Defendants, and each of them, are engaged in a particularly hazardous business
of dispensing controlled substances such as Fentanyl to patients at their hospitals, and
as such have a duty to use special care to protect those patients.
15. Defendants are responsible to comply with federal laws and regulations governing
the security of Schedule II controlled substances, including:
a. Congress has enacted the Controlled Substances Act (CSA). The CSA
and its implementing regulations establish a framework through which the
federal government regulates the use of controlled substances for legitimate
medical, scientific, research, and industrial purposes, and prevents these
substances from being diverted for illegal purposes. The CSA assigns
various plants, drugs, and chemicals (such as narcotics) to one of five
schedules based on the substances medical use, potential for abuse, and
safety or dependence liability. Schedule I contains substances that have no
currently accepted medical use and cannot safely be made available to the
public under a prescription, while Schedule II includes substances that have
recognized medical uses and may be manufactured, distributed, and used
in accordance with the CSA. The order of the schedules reflects substances
that are progressively less dangerous and addictive. To restrict access to
chemicals used in the illicit manufacture of certain controlled substances,
the CSA also regulates 40 listed chemicals. Unless specifically exempted
by the CSA, any person who handles controlled substances or listed
chemicals (such as doctors, hospitals, pharmacies, and scientific
researchers) must register with the Drug Enforcement Administration (DEA)
in the U.S. Department of Justice, which administers and enforces the CSA.
Registrants must keep accurate and complete records of all transactions
involving controlled substances, maintain detailed inventories of the
substances in their possession, and periodically file reports with the DEA;
as well as ensure that controlled substances are securely stored and
safeguarded in accordance with DEA regulations.

b. The CSA creates a closed system of distribution in which distribution


may lawfully occur among registered handlers of controlled substances,
referred to as registrants. Central to this closed system of distribution is
the registration of all persons or entities authorized by the DEA to handle
controlled substances. The DEA has described the movement of a
controlled substance from manufacture to the patient as follows:
A controlled substance, after being manufactured by a DEAregistered manufacturer, may be transferred to a DEA-registered
distributor for subsequent distribution to a DEA registered retail
pharmacy. After a DEA-registered practitioner, such as a physician
or a dentist, issues a prescription for a controlled substance to a
patient (i.e., the ultimate user), that patient can fill that prescription at
a retail pharmacy to obtain that controlled substance.
In this system, the manufacturer, the distributor, the practitioner, and the
retail pharmacy are all required to be DEA registrants, or to be exempted
from the requirement of registration, to participate in the process. All
registrants are required by the CSA to maintain complete and accurate
inventories and records of all regulated transactions involving controlled
substances and listed chemicals, as well as provide adequate security
controls to prevent their diversion. Therefore, a controlled substance should
always be under the control of a DEA-registered person until it reaches the
patient or is destroyed. The CSAs regulatory requirements ensure that all
controlled substances are accounted for from their creation until their
dispensing or destruction. This includes all controlled substances utilized in
Defendants hospitals.
c. In addition to registration requirements, the CSA contains several
recordkeeping provisions. A registrant authorized to handle controlled
substances must keep accurate records and maintain detailed inventories
in compliance with applicable federal and state law. For example, a
registrant must maintain a complete and accurate record of each
substance manufactured, received, sold, delivered, or otherwise disposed
of by the registrant.
d. The CSA further provides special control mechanisms for licensed
practitioners and pharmacists who dispense controlled substances in
Schedules II-V to patients for legitimate medical purposes. Because
controlled substances classified as Schedule I drugs are deemed to have
no accepted medical purpose in the United States, they may only be used
for research, and practitioners may not prescribe them to patients. Under
the CSA, only licensed medical practitioners are authorized to prescribe
controlled substances listed in Schedules II-V to patients. A prescription
for a controlled substance must be issued for a legitimate medical
purpose by an individual practitioner acting in the usual course of his
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professional practice. Accordingly, practitioners have a responsibility to


ensure that the controlled substance is properly prescribed and
dispensed. No controlled substance in Schedules II may be dispensed to
a patient by a pharmacist without a written prescription from a practitioner,
except in certain cases where the practitioner administers the controlled
substance directly to the patient.
e. For the purposes of ensuring the secure storage and distribution of
controlled substances, all applicants and registrants must generally
provide effective controls and procedures to guard against theft and
diversion of controlled substances. DEA regulations further require all
applicants and registrants to substantially comply with specific security
standards for storage of controlled substances.
f. DEA registrants may need to dispose of controlled substances in their
possession when they are expired, damaged, contaminated, or otherwise
unwanted. Under the CSA and DEA regulations, there are specific options
for registrants to dispose of controlled substances which provide control.
16. Defendants hospitals are designed to provide a safe and sterile environment
during surgeries and related care to assist the practitioners who prescribe and dispense
the use of controlled substances, and they enact rules and policies designed to protect
patients during the course of receiving health care at its hospitals. Three agencies place
responsibility for security of all drugs in the healthcare setting on the pharmacy: Drug
Enforcement Agency (www.deadiversion.usdoj.gov); The Joint Commission
(www.jointcommission.org); and American Society of Health-System Pharmacists
(www.ashp.org). Each state has a Pharmacy State Board that has a number of
regulatory requirements. Colorado regulations, for example, 6 CCR 1011-1 Chapt. 023.2 (OCCURRENCE REPORTING) state:
Notwithstanding any other reporting required by state law or regulation,
each health care entity licensed pursuant to 25-1.5-103 shall report to the
Department the occurrences specified at 25-1-124(2) C.R.S. 3.2.1. The
following occurrences shall be reported to the department in the format
required by the Department by the next business day after the occurrence
or the health care entity becomes aware of the occurrence: (7) Any
occurrence in which drugs intended for use by patients or residents are
diverted to use by other persons.
17. Among the organizations that establish standards for the conduct of hospitals
are The Health Care Compliance Association (HCCA), a 501(c)(6) member-based
association for compliance professionals in the healthcare provider field. The HCAA
advises members through its internet site and via publications and seminars such as the
annual Compliance Institute. Related to the issue of health facility drug diversion, the
HCAA provides training to industry professionals and distributes Compliance Industry
materials such as a handout entitled: Health Facility Drug Diversion: Essential
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Compliance & Auditing Measures, by Kimberly S. New JD BSN RN (2013). The


healthcare compliance industry, including compliance professionals at the Defendant
hospitals, knew or should have known, but not limited to, as follows:
a. Drug diversion is theft of medication (including waste) from patients or health
care facilities for personal use.
b. CSA Schedule II drugs are accepted for medical use with severe restrictions
due to a high potential for abuse.
c. Drug diversion by health care providers is universal among institutions in the
United States.
d. The major factors impacting the incidence of drug misuse by healthcare
professionals are access and availability of controlled substances.
e. Staff members in positions with increased autonomy are more likely to divert
drugs.
f. Impairment and addiction put patients at risk.
g. Drug diversion creates a strong likelihood of denying patients appropriate
pain relief.
h. Drug diversion has the potential to expose patients to bloodborne pathogens.
i.

Drug diversion is typically associated with falsification of records (fraud).

j.

Drug diversion is criminal theft.

k. Warning signs include:


(i) documentation of pain at the time medication is diverted;
(ii) evidence of substitution and tampering, including transmission of infection;
and
(iii) impairment.
l. Employees who are merely terminated from employment (and not
prosecuted) for drug diversion have a virtually zero percent chance of
rehabilitation and present an ongoing risk of injury to the public.
18. The DEA, which registers providers of controlled substances under the CSA,
recognizes the importance of identifying potential drug diverters in the hiring process.
The DEA has promulgated regulations such as 21 C.F.R. 1301.90, which states that
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obtaining certain information by non-practitioners is vital to assess the likelihood of an


employee committing a drug security breach. The DEA states that detailed background
questions are essential to overall controlled substances security. Thus, a higher level of
care in the hiring process exists for hospitals with respect to health care workers who
will have possible access to controlled substances.
19. DEA regulation 21 CFR 1301.74 states: The registrant shall notify the Field
Division Office of the Administration in his area, in writing, of any theft or significant loss
of any controlled substances within one business day of discovery of the theft or loss.
20. Defendants are required to comply with Medicare rules and regulations as
conditions for participation, including:
482.13(c)(2) - The patient has the right to receive care in a safe setting.
Hospital must
(i) protect vulnerable patients, and
(ii) Identify and evaluate problems and patterns of incidents.
21. Drug diversion is a risk that hospitals are well aware of, as well as the injury to
patients that can occur as a result of the theft of injectable drugs. There have been
numerous notable cases of drug diversion prior to the incidents that form a basis for this
Complaint, of which the Defendants were aware or should have been aware, including
but not limited to:
a. Ashton Paul Daigle, a former Boulder Community Hospital surgical nurse
charged in 2008 with 109 counts of federal crimes, plead guilty to stealing patients
pain medication at Boulder Community Hospital.
b. Kristin Parker, a former surgical technician at Rose Medical Center,
owned by defendant HCA, who infected at least 18 hospital patients with hepatitis C
by stealing injectable painkillers and leaving behind her dirty syringes, was
sentenced to 30 years in prison.
c. David M. Kwiatkowski, 34, pleaded guilty in August, 2013, to 16 federal
charges, including tampering with a consumer product and obtaining controlled
substances through fraud. Prosecutors said that while he was working as a traveling
medical technician in several states, including New Hampshire, Kansas, and
Maryland, Mr. Kwiatkowski injected himself with syringes of Fentanyl, a powerful
painkiller, then filled them with saline and put them back into circulation for patients.
In 2012, thousands of patients were tested for Mr. Kwiatkowskis strain of hepatitis
C, an infectious disease that can cause cirrhosis, which can lead to cancer. The 45
patients one of whom died who were identified by investigators represent one
of the biggest outbreaks of the disease in recent decades.
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22. As a result of Plaintiffs undergoing medical treatment at Defendant hospitals,


they and their immediate family members were placed at an increased risk of
bloodborne pathogens including HIV, hepatitis B, and hepatitis C. Consequently,
Plaintiffs have been, and will continue to need to be, tested for these potentially deadly
viruses.
23. Plaintiffs were placed at an increased risk of these bloodborne pathogens
because Defendants former employee, Rocky Allen, was diverting drugs and using
needles prepared for surgical patients.
V. First Claim for Relief
(Negligence)
(Brought on behalf of Plaintiffs Gary Anderson, Jon Anderson, Dawn Avery, Frank
Bishop, Sandra Blowers, Robin Brown, John Chesney, Marie Coles, Patrick Evans, Gary
Fields, Denise Faustino, Samantha Gagliano, Kim Hartman, Paul Hattery, Nikki Miles,
Michael Moreau, Valeri Pelc, Desiree Phillips, Jane P. (a minor), Monica Robinson,
Michele Savage, William Smith, Traci Stancil, Randy Swearingen, John Valdez, Lurlene
Wayman, Mary Wiese, Anthony Weaver, Margaret Wegrzyn, LiYing Yi, and Jack York)
24. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth
herein.
25. While Plaintiffs were under the care of Defendants, Defendants owed a duty to
Plaintiffs to act with reasonable care for their safety and well-being, including but not
limited to:
a. hiring and screening of employees with possible access to controlled
substances, such as Rocky Allen;
b. maintaining security and control of their premises, including access to areas
where controlled substances could be diverted;
c. keeping inventory and records of controlled substances;
d. maintaining physical security of controlled substances from distribution to
administration to the patient; and
e. discovering drug diversion through occurrence reporting and tracking.
26. Defendants breached this duty when hiring and failing to properly supervise Mr.
Allen as described herein and by failing to take preventative steps to stop employees
such as Mr. Allen from engaging in the conduct that exposed Plaintiffs to the increased
risk of contracting bloodborne pathogens.
27. The negligence of Defendants caused damages and losses to Plaintiffs.
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28. The negligence of Defendants caused Plaintiffs to experience extreme emotional


suffering and anxiety (manifested in sleeplessness, nightmares, etc.) and be subjected
to lab and blood testing causing risk of injury and anxiety for fear of contracting a
potentially life-threatening bloodborne pathogen.
29. The negligence of Defendants caused harm to Plaintiffs as described herein.
VI. Second Claim for Relief
(Outrageous Conduct)
(Brought on behalf of Plaintiffs Gary Anderson, Jon Anderson, Dawn Avery, Frank
Bishop, Sandra Blowers, Robin Brown, John Chesney, Marie Coles, Patrick Evans, Gary
Fields, Denise Faustino, Samantha Gagliano, Kim Hartman, Paul Hattery, Nikki Miles,
Michael Moreau, Valeri Pelc, Desiree Phillips, Jane P. (a minor), Monica Robinson,
Michele Savage, William Smith, Traci Stancil, Randy Swearingen, John Valdez, Lurlene
Wayman, Mary Wiese, Anthony Weaver, Margaret Wegrzyn, LiYing Yi, and Jack York)
30. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth
herein.
31. Defendants engaged in extremely hazardous activities related to the control and
use of controlled substances, and as such, had an elevated standard of care to protect
the public from risk of harm associated with those activities.
32. Defendants failed to perform basic screening of employees, such as Rocky Allen,
including the performance of routine checking of prior employment history such as a
military service discharge.
33. Defendants failed to follow federal and state laws concerning the reporting of
drug diversion to law enforcement and regulatory agencies, creating a likelihood that
drug diverting employees, such as Rocky Allen, would go on to cause further injury at
subsequent places of employment.
34. Defendants engaged in hiring practices that were so reckless and careless,
concerning a position with a high risk of injury to patients due to access to controlled
substances and risk of diversion, that any reasonable and prudent person would
consider them to be outrageous.
VII. Third Claim for Relief
(Medical Monitoring)
(Brought on behalf of Plaintiffs Gary Anderson, Jon Anderson, Dawn Avery, Frank
Bishop, Sandra Blowers, Robin Brown, John Chesney, Marie Coles, Patrick Evans, Gary
Fields, Denise Faustino, Samantha Gagliano, Kim Hartman, Paul Hattery, Nikki Miles,
Michael Moreau, Valeri Pelc, Desiree Phillips, Jane P. (a minor), Monica Robinson,
Michele Savage, William Smith, Traci Stancil, Randy Swearingen, John Valdez, Lurlene
Wayman, Mary Wiese, Anthony Weaver, Margaret Wegrzyn, LiYing Yi, and Jack York)
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35. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth
herein.
36. The latency period for the manifestation of a bloodborne pathogen is estimated to
be anywhere from several weeks to six months after exposure.
37. Plaintiffs have been exposed to toxic substances, including bloodborne
pathogens, at a higher rate than, or in a substantially more dangerous manner than, the
general population. Plaintiffs exposure levels are therefore substantial in nature.
38. Plaintiffs exposure to bloodborne pathogens was caused by Defendants
negligence as follows:
a. Failing to properly investigate Rocky Allen before hiring him;
b. Failing to properly supervise Rocky Allen after hiring him;
c. Failing to properly secure and maintain control of controlled substances;
d. Failing to properly secure areas where controlled substances could be
accessed; and
e. Failing to timely warn Plaintiffs of their potential increased risk to bloodborne
pathogens as the result of Rocky Allens employment.
39. Plaintiffs exposure to bloodborne pathogens was proximately caused by
Defendants negligence as described herein.
40. Monitoring procedures exist that make the detection of bloodborne pathogens
possible.
41. Bloodborne pathogens are capable of early detection by way of existing
scientific methods including blood testing.
42. Because bloodborne pathogen screening is not conducted in the absence of
exposure, the prescribed monitoring regime is different from that normally
recommended in the absence of exposure. Plaintiffs require specialized screening and
care not within the purview of routine medical exams.
43. According to contemporary scientific principles, the prescribed monitoring regime
is reasonably necessary to permit early diagnosis of a bloodborne pathogen leading to
benefits in treatment, management, and prevention or mitigation of long-term health
consequences, including death.
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VIII. Fourth Claim for Relief


(Vicarious Liability)
(Brought on behalf of Plaintiffs Gary Anderson, Jon Anderson, Dawn Avery, Frank
Bishop, Sandra Blowers, Robin Brown, John Chesney, Marie Coles, Patrick Evans, Gary
Fields, Denise Faustino, Samantha Gagliano, Kim Hartman, Paul Hattery, Nikki Miles,
Michael Moreau, Valeri Pelc, Desiree Phillips, Jane P. (a minor), Monica Robinson,
Michele Savage, William Smith, Traci Stancil, Randy Swearingen, John Valdez, Lurlene
Wayman, Mary Wiese, Anthony Weaver, Margaret Wegrzyn, LiYing Yi, and Jack York)
44. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth
herein.
45. At all times pertinent hereto, Rocky Allen was an agent and employee of
Defendants, and as such, Defendants are vicariously liable for his actions and conduct
occurring within the course and scope of his employment.
46.
IX. Fifth Claim for Relief
(Negligent Infliction of Emotional Distress)
(Brought on behalf of Plaintiffs Leslie Evans, Martha Anderson, James Blowers, Michelle
Fields and Mark Wiese)
47. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth
herein.
48. Plaintiffs are the spouses of the Plaintiffs who were exposed to bloodborne
pathogens and have been subjected to a risk of infection and emotional distress as a
result of being in the zone of danger.
49. These Plaintiffs are entitled to medical testing and care.
X. Sixth Claim for Relief
(Loss of Consortium)
(Brought on behalf of Plaintiffs Leslie Evans, Martha Anderson, James Blowers, Michelle
Fields and Mark Wiese)
50. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth
herein.
51. Plaintiffs are the spouses of the Plaintiffs who were exposed to bloodborne
pathogens.
52. Plaintiffs have experienced emotional pain and suffering, loss of enjoyment of
life, interference with intimate relations, and other inconveniences as a result of the risk
of infection to their spouse.

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53. These Plaintiffs are entitled to damages for loss of consortium.


XI. Prayer for Relief
WHEREFORE, Plaintiffs request that judgment to be entered against Defendants as
follows:
a. For economic and compensatory damages on behalf of Plaintiffs;
b. For restitution;
c. For actual damages sustained;
d. For declaratory relief, including but not limited to declarations that:
i) Defendants hiring process is inadequate;
ii) Defendants supervisory practices are inadequate;
iii) Defendants storage of medications and controlled substances is inadequate;
and
iv) Defendants are financially responsible for implementing and maintaining a
fund for the medical monitoring of Plaintiffs who were exposed to bloodborne
pathogens as well as Plaintiffs who were the spouses and significant others
of those exposed to bloodborne pathogens;
e. For injunctive relief, including but not limited to an injunction requiring that:
i) Defendants establish proper hiring and supervisory practices and policies;
ii) Defendants establish proper protocols to secure and protect all controlled
substances; and,
iii) Defendants be required to report all cases of drug diversion to federal and
state law enforcement and regulatory agencies.
f. For reasonable attorneys fees, expert witness fees, and reimbursement of all
costs for the prosecution of this action;
g. For prejudgment and post-judgment interest; and
h. For such other and further relief as this Court deems just and appropriate.
XII. Jury Demand

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Plaintiffs demand a trial by jury on all claims so triable.


Dated: March 17, 2016

Respectfully Submitted,

s/Richard M. Paul III


Richard M. Paul III
Jack D. McInnes
Sue Becker
PAUL McINNES LLP
601 Walnut Street, Suite 300
Kansas City, Missouri 64106
Phone: 816-984-8100
Fax: 816-984-8101
paul@paulmcinnes.com
mcinnes@paulmcinnes.com

s/ James W. Avery
James W. Avery
AVERY LAW FIRM
44 Cook Street, Suite 100
Denver, Colorado 80206
Phone: 303-840-2222
Fax: 303-328-2976
averylawfirm@gmail.com

ATTORNEYS FOR PLAINTIFFS

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