Electronically Filed

11/16/2020 4:12 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
MATTHEW W. HOFFMANN, ESQ.
2 Nevada Bar No. 009061
JOHN F. BEMIS, ESQ.
3 Nevada Bar No. 9509
ATKINSON WATKINS & HOFFMANN, LLP CASE NO: A-20-824865-C
4 10789 W. Twain Ave., Suite 100 Department 14
Las Vegas, NV 89135
5 Telephone: 702-562-6000
Facsimile: 702-562-6066
6 Email: [email protected]
Email: [email protected]
7 Attorneys for Plaintiff

8
DISTRICT COURT
9
CLARK COUNTY, NEVADA
10
ASHLEIGH COPE, an individual; CASE NO.:
11 DEPT. NO.:
Plaintiff,
12
v.
13
CHRISTOPHER KHORSANDI, M.D., an
14 individual; CHRISTOPHER KHORSANDI,
M.D., PLLC d/b/a VIP PLASTIC SURGERY, COMPLAINT
15 a domestic professional limited-liability
company; SCOTT T. GABRIEL, M.D., an
16 individual; SCOTT T. GABRIEL, M.D., Arbitration Exemption: Medical Malpractice
PLLC, a domestic professional limited-liability
17 company; DARREN WEST, M.D., an
individual; SHADOW EMERGENCY
18 PHYSICIANS, PLLC, a domestic professional
limited-liability company; VALLEY
19 HEALTH SYSTEM, LLC d/b/a ER AT
GREEN VALLEY RANCH, a foreign limited-
20 liability company; VALLEY HEALTH
SYSTEM, LLC d/b/a HENDERSON
21 HOSPITAL, a foreign limited-liability
company; MICHELLE DANIELIAN, M.D.,
22 an individual; MARITESS NABONG, APRN,
an individual; CRITICAL CARE
23 ASSOCIATES, INC., a domestic corporation;
and DOES I through X, inclusive; and ROE
24 CORPORATIONS I through V, inclusive;
25 Defendants.
26
...
27
...
28

Case Number: A-20-824865-C

 COMPLAINT
1
COMES NOW, Plaintiff, ASHLEIGH COPE (hereinafter referred to as “Plaintiff”), by and
2
through her attorneys of record, MATTHEW W. HOFFMANN, ESQ., and JOHN F. BEMIS, ESQ.,
3
of the law firm of ATKINSON WATKINS & HOFFMANN, LLP, and for her Complaint on file
4
herein alleges as follows:
5
I.
6
STATEMENT OF FACTS
7
1. Plaintiff ASHLEIGH COPE (hereinafter referred to “ASHLEIGH COPE and/or
8
PLAINTIFF”), is, and was at all relevant times hereto, a resident of the State of Nevada, County of
9
Clark, City of Las Vegas.
10
2. Defendant, CHRISTOPHER KHORSANDI, M.D. (hereinafter referred to as
11
Defendant KHORSANDI), is, and was at all times relevant hereto, a resident of the State of Nevada,
12
and a physician licensed to practice medicine in the State of Nevada pursuant to NRS Chapters 630
13
and 449.
14
3. Defendant, CHRISTOPHER KHORSANDI, M.D., PLLC d/b/a VIP Plastic Surgery
15
(hereinafter referred to as Defendant VIP) is, and was at all times relevant hereto, a Professional
16
Limited Liability Company, licensed to practice medicine in the State of Nevada pursuant to NRS
17
449.
18
4. Defendant, SCOTT T. GABRIEL, M.D. (hereinafter referred to as Defendant
19
GABRIEL), is, and was at all times relevant hereto, a resident of the State of Nevada, and a
20
physician licensed to practice medicine in the State of Nevada pursuant to NRS Chapters 630 and
21
449.
22
5. Defendant, SCOTT T. GABRIEL M.D., PLLC, (hereinafter referred to as
23
Defendant STG) is, and was at all times relevant hereto, a Professional Limited Liability Company,
24
licensed to practice medicine in the State of Nevada pursuant to NRS 449 and is vicariously liable
25
for its employees, agents and/or servants, and their actions.
26
6. Defendant, DARREN WEST, M.D. (hereinafter referred to as Defendant WEST),
27
is, and was at all times relevant hereto, a resident of the State of Nevada, and a physician licensed
28
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 to practice medicine in the State of Nevada pursuant to NRS Chapters 630 and 449.
1
7. Defendant, SHADOW EMERGENCY PHYSICIANS, PLLC (hereinafter
2
Defendant SHADOW), is, and was at all times relevant hereto, a Professional Limited Liability
3
Company, licensed to practice medicine in the State of Nevada pursuant to NRS 449 and is
4
vicariously liable for its employees, agents and/or servants, and their actions.
5
8. Defendant, VALLEY HEALTH SYSTEM, LLC, d/b/a ER at GREEN VALLEY
6
RANCH (hereinafter referred to as Defendant ERGVR), ”), is, and was at all times hereto a Foreign
7
Limited-Liability Company duly authorized to conduct business in the State of Nevada and at all
8
times relevant hereto, licensed to do business in the State of Nevada as a medical care provider
9
pursuant to NRS Chapter 449 and is vicariously liable for its employees, agents and/or servants,
10
and their actions.
11
9. Defendant, VALLEY HEALTH SYSTEM, LLC, d/b/a HENDERSON HOSPITAL
12
(hereinafter referred to as Defendant HENDERSON), is, and was at all times hereto a Foreign
13
Limited-Liability Company duly authorized to conduct business in the State of Nevada and at all
14
times relevant hereto, licensed to do business in the State of Nevada as a medical care provider
15
pursuant to NRS Chapter 449 and is vicariously liable for its employees, agents and/or servants,
16
and their actions.
17
10. Defendant, MICHELLE DANIELIAN, M.D. (hereinafter referred to as Defendant
18
DANIELIAN), is, and was at all times relevant hereto, a resident of the State of Nevada, and a
19
physician licensed to practice medicine in the State of Nevada pursuant to NRS Chapters 630 and
20
449.
21
11. Defendant, MARITESS NABONG, APRN (hereinafter referred to as Defendant
22
NABONG), is, and was at all times relevant hereto, a resident of the State of Nevada, and an
23
advanced practice nurse licensed to practice in the State of Nevada pursuant to NRS Chapters 632.
24
12. Defendant CRITICAL CARE ASSOCIATES, INC., (hereinafter referred to as
25
Defendant CCA), is, and was at all times hereto a corporation duly authorized to conduct business
26
in the State of Nevada and at all times relevant hereto, licensed to do business in the State of Nevada
27
as a medical care provider pursuant to NRS Chapter 449 and is vicariously liable for its employees,
28
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 agents and/or servants, and their actions.
1
13. Upon information and belief, Defendants GABRIEL, WEST, DANIELIAN,
2
NABONG were employees and/or agents of Defendant VALLEY HEALTH SYSTEM, LLC.
3
14. Upon information and belief, Defendant WEST is and was an employee and/or agent
4
of Defendant SHADOW.
5
15. Upon information and belief, Defendant GABRIEL, is, and was an employee and/or
6
agent of Defendant STG.
7
16. Upon information and belief, Defendant KHORSANDI, is, and was an employee
8
and/or agent of Defendant VIP.
9
17. Upon information and belief, Defendant DANIELIAN and NABONG is and were
10
employees and/or agents of Defendant CCA.
11
18. At all relevant times herein, Defendants, DOES 1 through 100, inclusive, were and
12
are now physicians, surgeons, registered nurses, licensed practical nurses, pharmacists, registered
13
technicians, certified nursing assistants, certified technicians, attendants, physicians assistants or
14
paramedical personnel holding themselves out as duly licensed to practice their professions in the
15
State of Nevada; the true names and capacities, whether individual, corporate, associate, or
16
otherwise of Defendants DOES I through X, inclusive, are presently unknown to Plaintiff, who
17
therefor sues those Defendants by such fictitious names, Plaintiff is informed and believes that
18
thereupon alleges that each of the Defendants sued herein as DOES 1 through 100 are responsible
19
in some manner for the events and happenings herein referred to, which thereby proximately caused
20
the injuries and damages to Plaintiff as alleged herein, more specifically; Defendants DOES 1
21
through 100 were involved in the care and treatment of ASHLEIGH COPE to include but not
22
limited to: failure to properly train medical staff; failure to properly supervise medical staff; failure
23
to ensure competent physicians and nurses were providing care; failure to properly monitor
24
ASHLEIGH COPE; failure to properly communicate with physicians and/or nursing regarding
25
patient’s condition; failure to properly implement and/or follow the proper
26
policy/procedure/protocol; failure to follow the chain of command to procure proper and timely
27
medical intervention for ASHLEIGH COPE; involved in the abandonment and neglect of
28
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 ASHLEIGH COPE while in Henderson Hospital; failure to act as patient advocates, during the
1
Henderson Hospital stay to include but not limited to November 27, 2019, through November 30,
2
2019, which thereby proximately and/or legally caused injuries and damages to Plaintiff as alleged
3
herein; that when the true names and capacities of such Defendants become known, Plaintiff will
4
seek leave to amend this Complaint to insert the true identities and capacities, together with proper
5
charges and allegations.
6
19. At all relevant times herein, Defendants, ROE CORPORATIONS, 1 through 100,
7
were and now are corporations, firms, partnerships, associations, nursing agencies or other legal
8
entities involving the care, treatment, diagnosis, surgery and/or other provision of medical care to
9
Plaintiffs herein; that the true identities or capacities whether individual, corporate, associate or
10
other legal entities involving the care, treatment, diagnosis, surgery and/or other provision of
11
medical care to Plaintiff herein; that the true names, identities or capacities whether individual,
12
corporate, associate or otherwise of Defendants, ROE CORPORATIONS, 1 through 100, are
13
responsible in some manner for the events and happenings herein referred to, which thereby
14
proximately caused the injuries and damages to Plaintiff alleged herein; more specifically, ROE
15
CORPORATIONS, 1 through 100, allowed inadequate practices of documentation; failure to
16
properly train medical staff; failure to properly supervise medical staff; failure to ensure competent
17
physicians and nurses were providing care; failure to properly monitor ASHLEIGH COPE to
18
include but not limited to: failure to properly train medical staff; failure to properly supervise
19
medical staff; failure to ensure competent physicians and nurses were providing care; failure to
20
properly monitor ASHLEIGH COPE; failure to properly communicate with physicians and/or
21
nursing regarding patient’s condition; failure to properly implement and/or follow the proper
22
policy/procedure/protocol; failure to follow the chain of command to procure proper and timely
23
medical intervention for ASHLEIGH COPE; involved in the abandonment and neglect of
24
ASHLEIGH COPE while in Henderson Hospital; failure to act as patient advocates, during the
25
Henderson Hospital stay to include but not limited to, November 27, 2019, through November 30,
26
2019, which thereby proximately and/or legally caused injuries and damages to Plaintiff as alleged
27
herein; that when the true names and capacities of such Defendants become known, Plaintiff will
28
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 seek leave to amend this Complaint to insert the true identities and capacities, together with proper
1
charges and allegations.
2
20. Defendant ERGVR has a nondelegable duty to Plaintiff, arising from their special
3
relationship with physicians.
4
21. Defendant HENDERSON has a nondelegable duty to Plaintiff, arising from their
5
special relationship with physicians.
6
22. Defendant ERGVR, is vicariously liable for its employees, agents and/or servants
7
and their actions, including but not limited to, physicians, surgeons, registered nurses, licensed
8
practical nurses, pharmacists, registered technicians, certified nursing assistants, certified
9
technicians, attendants, physicians assistants or paramedical personnel at ER at GREEN VALLEY
10
RANCH, who were treating ASHLEIGH COPE.
11
23. Defendant HENDERSON, is vicariously liable for its employees, agents and/or
12
servants and their actions, including but not limited to, physicians, surgeons, registered nurses,
13
licensed practical nurses, pharmacists, registered technicians, certified nursing assistants, certified
14
technicians, attendants, physicians assistants or paramedical personnel at Henderson Hospital who
15
were treating ASHLEIGH COPE.
16
24. At all times relevant herein, Defendants, and each of them, were the agents,
17
ostensible agents, servants, employees, employers, partners, co-owners and/or joint ventures of
18
each other and of their co-defendants, and were acting within the course, scope and purpose of their
19
employment, agency, ownership and/or joint ventures and be reason of such relationships the
20
Defendants, and each of them, are vicariously liable, jointly and severally responsible and liable
21
for the acts and/or omissions of their co-Defendants.
22
II.
23
GENERAL ALLEGATIONS
24
25. Plaintiff’s claims arise out of the errors and omissions of Defendant VIP, and/or
25
their employees, agents and/or servants, including but not limited to its Defendant KHORSANDI,
26
and nursing staff and their failure to assess, monitor, inform, diagnose, document, timely intervene,
27
follow proper guidelines, and treat ASHLEIGH COPE, resulting in a severe necrotizing infection
28
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 leading to catastrophic and permanent injuries.
1
26. Plaintiff’s claims arise out of the errors and omissions of Defendant ERGVR, and/or
2
their employees, agents and/or servants, including but not limited to its Defendant WEST, and
3
nursing staff and their failure to assess, monitor, inform, diagnose, document, timely intervene,
4
follow proper guidelines, and treat ASHLEIGH COPE, resulting in a severe necrotizing infection
5
leading to catastrophic and permanent injuries.
6
27. Plaintiff’s claims arise out of the errors and omissions of Defendant HENDERSON,
7
and/or their employees, agents and/or servants, including but not limited to its Defendants
8
GABRIEL, DANIELIAN, NABONG, and nursing staff and their failure to assess, monitor, inform,
9
diagnose, document, timely intervene, follow proper guidelines, and treat ASHLEIGH COPE,
10
resulting in a severe necrotizing infection leading to catastrophic and permanent injuries.
11
28. Plaintiff’s claims arise out of the errors and omissions of Defendant KHORSANDI,
12
and his failure to properly assess, monitor, inform, diagnose, document, timely intervene, use sterile
13
technique, appropriately treat the double bubble, follow proper guidelines, and refer ASHLEIGH
14
COPE to appropriate care, resulting in a necrotizing infection leading to catastrophic and permanent
15
injuries.
16
29. Plaintiff’s claims arise out of the errors and omissions of Defendant WEST, and his
17
failure to properly assess, monitor, inform, diagnose, document, timely intervene, follow proper
18
guidelines, and transfer ASHLEIGH COPE to an appropriate facility, resulting in a failure to
19
diagnose a necrotizing infection leading to catastrophic and permanent injuries.
20
30. Plaintiff’s claims arise out of the errors and omissions of Defendants DANIELIAN
21
and NABONG, and their failure to properly assess, monitor, inform, diagnose, document, timely
22
intervene, follow proper guidelines, and transfer ASHLEIGH COPE to an appropriate facility,
23
resulting in a failure to diagnose a necrotizing infection leading to catastrophic and permanent
24
injuries.
25
31. Plaintiff’s claims arise out of the errors and omissions of Defendant GABRIEL, and
26
his failure to properly assess, monitor, inform, diagnose, document, timely intervene, follow proper
27
guidelines, perform surgery and transfer ASHLEIGH COPE to an appropriate facility, resulting in
28
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 severe delay in treatment of a necrotizing infection leading to catastrophic and permanent injuries.
1
32. On or about June 20, 2018, Plaintiff underwent breast augmentation surgery by
2
Defendant KHORSANDI.
3
33. On or about October 31, 2019, Plaintiff began experiencing aesthetic complications
4
of the implants, known as a “double bubble.”
5
34. On or about November 5, 2019, Plaintiff returned to Defendant VIP to be seen by
6
Defendant KHORSANDI related to the complication.
7
35. On or about November 5, 2019, Defendant KHORSANDI advised Plaintiff that she
8
needed liposuction and a fat graft to treat the “double bubble”.
9
36. On or about November 26, 2019, Plaintiff returned to Defendant VIP and underwent
10
the liposuction and fat graft procedure with Defendant KHORSANDI.
11
37. The liposuction and fat graft were performed at Defendant VIP, and not a surgery
12
center.
13
38. The liposuction and fat graft were not the correct procedure to correct the double
14
bubble complication experienced by Plaintiff.
15
39. On or about November 26, 2019, Plaintiff was experiencing severe pain with
16
vomiting.
17
40. On or about November 26, 2019, Plaintiff contacted Defendant KHORSANDI, and
18
was instructed to take ibuprofen.
19
41. On or about November 26, 2019, Plaintiff contacted Defendant KHORSANDI, a
20
second time.
21
42. On or about November 27, 2019, Plaintiff was instructed by Defendant VIP to come
22
to the office and see Defendant KHORSANDI.
23
43. On or about November 27, 2019, Plaintiff presented to Defendant VIP and met with
24
Defendant KHORSANDI at 3:30 p.m. Plaintiff was administered Zofran and four units of IV
25
fluids. Plaintiff continued vomiting at Defendant VIP’s office.
26
44. Defendant KHORSANDI requested that Plaintiff go specifically to Defendant
27
ERGVR to be seen.
28
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 45. Based on Defendant KHORSANDI’s request, Plaintiff presented to Defendant
1
ERGVR at or about 6:00 p.m.
2
46. Plaintiff was severely ill and began noticing bruising and discoloration on her legs.
3
47. At Defendant ERGVR, Plaintiff was seen by Defendant WEST.
4
48. No later than 7:05 p.m., Defendant WEST and all personnel at Defendant ERGVR
5
were on notice that Plaintiff was in septic shock.
6
49. Defendant WEST needed to transfer Plaintiff to an ICU. Defendant WEST only
7
contacted Defendant ERGVR’s sister-facility, Defendant HENDERSON, which was
8
approximately 8 miles away.
9
50. Defendant WEST did not contact St. Rose Hospital, which was approximately 1
10
mile away.
11
51. Defendant WEST did not contact any trauma hospital or hospital with a burn unit.
12
52. Plaintiff was kept at Defendant ERGVR for an additional 9 hours after Defendant
13
WEST and all personnel at Defendant ERGVR were on notice that Plaintiff was in septic shock.
14
53. Plaintiff was eventually transferred to Defendant HENDERSON at 4:00 a.m.
15
Despite needing an ICU bed, Plaintiff was redirected by Defendant HENDERSON to the
16
emergency room.
17
54. Defendant HENDERSON did not have any ICU beds available.
18
55. Despite not having any ICU beds available, Defendant HENDERSON kept Plaintiff
19
at their facility.
20
56. Defendant NABONG and DANIELIAN were the first medical personnel to treat
21
Plaintiff at Defendant HENDERSON, approximately an hour after arrival.
22
57. At that time, Plaintiff continued to be in septic shock due to necrotizing fasciitis.
23
58. Necrotizing fasciitis is also known as flesh eating bacteria.
24
59. Surgical debridement of the infected tissue is the treatment for necrotizing fasciitis.
25
60. Defendant NABONG and DANIELIAN treated Plaintiff in the emergency
26
department.
27
61. Defendant NABONG and DANIELIAN did not place a central line.
28
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 62. Defendant NABONG and DANIELIAN did not order vasopressors.
1
63. Defendant NABONG and DANIELIAN did not transfer Plaintiff to a higher level
2
of care.
3
64. Defendant GABRIEL assessed Plaintiff on November 28, 2019.
4
65. Defendant GABRIEL was the surgeon charged with removing the necrotizing
5
fasciitis.
6
66. Defendant GABRIEL waited until November 29, 2019, to perform surgical
7
debridement.
8
67. Defendant GABRIEL advised Plaintiff and her family that she needed a higher level
9
of care on November 29, 2019. Despite that advice, Defendant GABRIEL did nothing to transfer
10
Plaintiff.
11
68. On November 29, 2019, Plaintiff’s family and friends began reaching out to
12
facilities to see whether Plaintiff could be transferred.
13
69. On November 30, 2019, Dr. Fraser instructed Plaintiff’s family and friends that he
14
was sending a transport team and keeping an operating room on standby at UMC.
15
70. On November 30, 2019, Plaintiff was transferred to UMC under the care of Dr.
16
Fraser.
17
71. Plaintiff underwent numerous surgeries and faced months of therapy at UMC.
18
72. Plaintiff suffered catastrophic injuries and will need significant reconstructive
19
surgery in the future.
20
73. Defendant KHORSANDI deviated from the acceptable standard of care by failing
21
to properly assess, treat, monitor, diagnose, choose surgical location, use sterile technique, choose
22
correct treatment of underlying condition and adequately respond to a medical emergency for
23
ASHLEIGH COPE. These failures caused catastrophic necrotizing infection and other injuries to
24
Plaintiff. See Declaration of Dr. Dean J. Fardo, attached hereto as Exhibit “1”.
25
74. Defendant VIP through its nurses/agents/employees/physicians deviated from the
26
acceptable standard of care by failing to properly assess, treat, monitor, diagnose, choose surgical
27
location, use sterile technique, choose correct treatment of underlying condition and adequately
28
- 10 -
 respond to a medical emergency for ASHLEIGH COPE. These failures caused catastrophic
1
necrotizing infection and other injuries to Plaintiff. See Declaration of Dr. Dean J. Fardo, attached
2
hereto as Exhibit “1”.
3
75. Defendant ERGVR through its nurses/agents/employees/physicians deviated from
4
the acceptable standard of care by failing to properly assess, treat, monitor, diagnose, stabilize,
5
transfer to appropriate facility and adequately respond to a medical emergency for ASHLEIGH
6
COPE. See Declaration of Dr. Gary William Tamkin, attached hereto as Exhibit “2”.
7
76. Defendant WEST deviated from the acceptable standard of care by failing to
8
properly assess, treat, monitor, diagnose, stabilize, and adequately respond to a medical emergency
9
for ASHLEIGH COPE. See Declaration of Dr. Gary William Tamkin, attached hereto as Exhibit
10
“2”.
11
77. Defendant HENDERSON through its nurses/agents/employees/physicians deviated
12
from the acceptable standard of care by failing to properly assess, treat, monitor, diagnose, stabilize,
13
transfer to appropriate facility and adequately respond to a medical emergency for ASHLEIGH
14
COPE. See Declaration of Dr. Gary William Tamkin, attached hereto as Exhibit “2”. See
15
Declaration of Dr. Todd Ellerin, attached hereto as Exhibit “3”.
16
78. Defendant NABONG deviated from the acceptable standard of care by failing to
17
properly assess, treat, monitor, diagnose, stabilize, and adequately respond to a medical emergency
18
for ASHLEIGH COPE. See Declaration of Dr. Gary William Tamkin, attached hereto as Exhibit
19
“2”. See Declaration of Dr. Todd Ellerin, attached hereto as Exhibit “3”.
20
79. Defendant DANIELIAN deviated from the acceptable standard of care by failing to
21
properly assess, treat, monitor, diagnose, stabilize, and adequately respond to a medical emergency
22
for ASHLEIGH COPE. See Declaration of Dr. Gary William Tamkin, attached hereto as Exhibit
23
“2”. See Declaration of Dr. Todd Ellerin, attached hereto as Exhibit “3”.
24
80. Defendant GABRIEL deviated from the acceptable standard of care by failing to
25
properly assess, treat, monitor, diagnose, stabilize, timely perform surgery, transfer to appropriate
26
facility and adequately respond to a medical emergency for ASHLEIGH COPE. See Declaration
27
of Dr. Todd Ellerin, attached hereto as Exhibit “3”.
28
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 III.
1
FIRST CAUSE OF ACTION
2
PROFESSIONAL NEGLIGENCE (Against Defendant KHORSANDI and VIP)
3
81. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 80 of
4
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
5
82. Defendant KHORSANDI owed a duty of care to ASHLEIGH COPE to render
6
medical care and treatment in a professional manner consistent with the standard of care prescribed
7
in his medical field.
8
83. Defendant KHORSANDI fell below the standard of care by falling below his
9
respective professional degree of learning, skill and exercise of good judgment.
10
84. Defendant KHORSANDI fell below the standard of care by, among other things, by
11
failing to properly assess, treat, monitor, diagnose, choose surgical location, use sterile technique,
12
choose correct treatment of underlying condition and adequately respond to a medical emergency
13
for ASHLEIGH COPE. See Declaration of Dr. Dean J. Fardo, attached hereto as Exhibit “1”.
14
85. Defendant VIP through its nurses/agents/employees/physicians owed a duty of care
15
to ASHLEIGH COPE to render medical care and treatment in a professional manner consistent
16
with the standard of care prescribed in his medical field.
17
86. Defendant VIP through its nurses/agents/employees/physicians fell below the
18
acceptable standard of care by failing to properly assess, treat, monitor, diagnose, choose surgical
19
location, use sterile technique, choose correct treatment of underlying condition and adequately
20
respond to a medical emergency for ASHLEIGH COPE. See Declaration of Dr. Dean J. Fardo,
21
attached hereto as Exhibit “1”.
22
87. As a direct result of Defendants KHORSANDI and VIP’s acts and omissions,
23
ASHLEIGH COPE suffered a catastrophic necrotizing infection and other injuries, including
24
permanent injuries.
25
88. As a direct and proximate result of Defendants KHORSANDI and VIP’s negligence,
26
Plaintiff endured extreme pain, suffering and emotional distress.
27
...
28
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 89. As a direct and proximate result of Defendants KHORSANDI and VIP’s negligence,
1
Plaintiff incurred medical expenses and will incur lifelong medical expenses, the full extent of said
2
expenses are not known to Plaintiff and leave is requested to this Court to amend this Complaint to
3
conform to proof at the time of trial; Plaintiff has suffered general damages in an amount that is in
4
excess of $15,000.
5
90. As a further direct and proximate result of Defendants KHORSANDI and VIP’s
6
negligence, Plaintiff was forced to retain the services of attorneys in this matter; and therefore,
7
seeks reimbursement for attorneys’ fees and costs.
8
91. In support of her claims against Defendants KHORSANDI and VIP, Plaintiff has
9
attached the Declaration of Dr. Fardo, attached hereto as Exhibit 1.
10
IV.
11
SECOND CAUSE OF ACTION
12
PROFESSIONAL NEGLIGENCE (Against Defendant WEST)
13
92. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 91 of
14
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
15
93. Defendant WEST owed a duty of care to ASHLEIGH COPE to render medical care
16
and treatment in a professional manner consistent with the standard of care prescribed in his medical
17
field.
18
94. Defendant WEST fell below the standard of care by falling below his respective
19
professional degree of learning, skill and exercise of good judgment.
20
95. Defendant WEST fell below the standard of care by, among other things, by failing
21
to properly assess, treat, monitor, diagnose, stabilize, and adequately respond to a medical
22
emergency for ASHLEIGH COPE. See Declaration of Dr. Gary William Tamkin, attached hereto
23
as Exhibit “2”.
24
96. As a direct result of Defendant WEST’s acts and omissions, ASHLEIGH COPE
25
suffered a significant delay in diagnosing and treating her catastrophic necrotizing infection and
26
other injuries, including permanent injuries.
27
...
28
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 97. As a direct and proximate result of Defendant WEST’s negligence, Plaintiff endured
1
extreme pain, suffering and emotional distress.
2
98. As a direct and proximate result of Defendant WEST’s negligence, Plaintiff incurred
3
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
4
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
5
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
6
99. As a further direct and proximate result of Defendant WEST’s negligence, Plaintiff
7
was forced to retain the services of attorneys in this matter; and therefore, seek reimbursement for
8
attorneys’ fees and costs.
9
100. In support of her claims against Defendant WEST, Plaintiff has attached the
10
Declaration of Dr. Gary William Tamkin, attached hereto as Exhibit 2.
11
V.
12
THIRD CAUSE OF ACTION
13
PROFESSIONAL NEGLIGENCE (Against Defendant GABRIEL)
14
101. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 100 of
15
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
16
102. Defendant GABRIEL owed a duty of care to ASHLEIGH COPE to render medical
17
care and treatment in a professional manner consistent with the standard of care prescribed in his
18
medical field.
19
103. Defendant GABRIEL fell below the standard of care by falling below his respective
20
professional degree of learning, skill and exercise of good judgment.
21
104. Defendant GABRIEL fell below the standard of care by, among other things, by
22
failing to properly assess, treat, monitor, diagnose, stabilize, timely perform surgery, transfer to
23
appropriate facility and adequately respond to a medical emergency for ASHLEIGH COPE. See
24
Declaration of Dr. Todd Ellerin, attached hereto as Exhibit “3”.
25
105. As a direct result of Defendant GABRIEL’s acts and omissions, ASHLEIGH COPE
26
suffered a significant delay in diagnosing and treating her catastrophic necrotizing infection and
27
other injuries, including permanent injuries.
28
- 14 -
 106. As a direct and proximate result of Defendant GABRIEL’s negligence, Plaintiff
1
endured extreme pain, suffering and emotional distress.
2
107. As a direct and proximate result of Defendant GABRIEL’s negligence, Plaintiff
3
incurred medical expenses and will incur lifelong medical expenses, the full extent of said expenses
4
are not known to Plaintiff and leave is requested to this Court to amend this Complaint to conform
5
to proof at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of
6
$15,000.
7
108. As a further direct and proximate result of Defendant GABRIEL’s negligence,
8
Plaintiff was forced to retain the services of attorneys in this matter; and therefore, seeks
9
reimbursement for attorneys’ fees and costs.
10
109. In support of her claims against Defendant GABRIEL, Plaintiff has attached the
11
Declaration of Dr. Todd Ellerin, attached hereto as Exhibit 3.
12
VI.
13
FOURTH CAUSE OF ACTION
14
PROFESSIONAL NEGLIGENCE (Against Defendants DANIELIAN and NABONG)
15
110. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 109 of
16
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
17
111. Defendant DANIELIAN owed a duty of care to ASHLEIGH COPE to render
18
medical care and treatment in a professional manner consistent with the standard of care prescribed
19
in her medical field.
20
112. Defendant DANIELIAN fell below the standard of care by falling below her
21
respective professional degree of learning, skill and exercise of good judgment.
22
113. Defendant DANIELIAN fell below the standard of care by, among other things, by
23
failing to properly assess, treat, monitor, diagnose, stabilize, and adequately respond to a medical
24
emergency for ASHLEIGH COPE. See Exhibits 2 & 3.
25
114. Defendant NABONG owed a duty of care to ASHLEIGH COPE to render medical
26
care and treatment in a professional manner consistent with the standard of care prescribed in her
27
medical field.
28
- 15 -
 115. Defendant NABONG fell below the standard of care by falling below her respective
1
professional degree of learning, skill and exercise of good judgment.
2
116. Defendant NABONG fell below the standard of care by, among other things, by
3
failing to properly assess, treat, monitor, diagnose, stabilize, and adequately respond to a medical
4
emergency for ASHLEIGH COPE. See Exhibits 2 & 3.
5
117. As a direct result of Defendants DANIELIAN and NABONG’s acts and omissions,
6
ASHLEIGH COPE suffered a significant delay in diagnosing and treating her catastrophic
7
necrotizing infection and other injuries, including permanent injuries.
8
118. As a direct and proximate result of Defendants DANIELIAN and NABONG’s
9
negligence, Plaintiff endured extreme pain, suffering and emotional distress.
10
119. As a direct and proximate result of Defendants DANIELIAN and NABONG’s
11
negligence, Plaintiff incurred medical expenses and will incur lifelong medical expenses, the full
12
extent of said expenses are not known to Plaintiff and leave is requested to this Court to amend this
13
Complaint to conform to proof at the time of trial; Plaintiff has suffered general damages in an
14
amount that is in excess of $15,000.
15
120. As a further direct and proximate result of Defendants DANIELIAN and
16
NABONG’s negligence, Plaintiff was forced to retain the services of attorneys in this matter; and
17
therefore, seeks reimbursement for attorneys’ fees and costs.
18
121. In support of her claims against Defendants DANIELIAN and NABONG, Plaintiff
19
has attached the Declarations Dr. Gary William Tamkin and of Dr. Todd Ellerin, attached hereto
20
as Exhibits 2 and 3.
21
VII.
22
FIFTH CAUSE OF ACTION
23
PROFESSIONAL NEGLIGENCE (Against Defendant ERGVR)
24
122. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 121 of
25
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
26
123. Defendant ERGVR through its nurses/agents/employees/physicians owed a duty of
27
care to ASHLEIGH COPE to render medical care and treatment in a professional manner consistent
28
- 16 -
 with the standard of care prescribed in their medical field.
1
124. Defendant ERGVR through its nurses/agents/employees/physicians fell below the
2
standard of care by falling below their respective professional degree of learning, skill and exercise
3
of good judgment.
4
125. Defendant ERGVR through its nurses/agents/employees/physicians fell below the
5
standard of care by, among other things, by failing to properly assess, treat, monitor, diagnose,
6
stabilize, transfer to appropriate facility and adequately respond to a medical emergency for
7
ASHLEIGH COPE. See Declaration of Dr. Todd Tamkin, attached hereto as Exhibit “2”.
8
126. As a direct result of Defendant ERGVR’s acts and omissions, ASHLEIGH COPE
9
suffered a significant delay in diagnosing and treating her catastrophic necrotizing infection and
10
other injuries, including permanent injuries.
11
127. As a direct and proximate result of Defendant ERGVR’s negligence, Plaintiff
12
endured extreme pain, suffering and emotional distress.
13
128. As a direct and proximate result of Defendant ERGVR’s negligence, Plaintiff
14
incurred medical expenses and will incur lifelong medical expenses, the full extent of said expenses
15
are not known to Plaintiff and leave is requested to this Court to amend this Complaint to conform
16
to proof at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of
17
$15,000.
18
129. As a further direct and proximate result of Defendant ERGVR’s negligence,
19
Plaintiff was forced to retain the services of attorneys in this matter; and therefore, seeks
20
reimbursement for attorneys’ fees and costs.
21
130. In support of her claims against Defendant ERGVR, Plaintiff has attached the
22
Declaration of Dr. Todd Tamkin, attached hereto as Exhibit 2.
23
VIII.
24
SIXTH CAUSE OF ACTION
25
PROFESSIONAL NEGLIGENCE (Against Defendant HENDERSON)
26
131. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 130 of
27
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
28
- 17 -
 132. Defendant HENDERSON through its nurses/agents/employees/physicians owed a
1
duty of care to ASHLEIGH COPE to render medical care and treatment in a professional manner
2
consistent with the standard of care prescribed in their medical field.
3
133. Defendant HENDERSON through its nurses/agents/employees/physicians fell
4
below the standard of care by falling below their respective professional degree of learning, skill
5
and exercise of good judgment.
6
134. Defendant HENDERSON through its nurses/agents/employees/physicians fell
7
below the standard of care by, among other things, by by failing to properly assess, treat, monitor,
8
diagnose, stabilize, transfer to appropriate facility and adequately respond to a medical emergency
9
for ASHLEIGH COPE. See Declaration of Dr. Todd Tamkin, attached hereto as Exhibit “2”.
10
135. As a direct result of Defendant HENDERSON’s acts and omissions, ASHLEIGH
11
COPE suffered a significant delay in diagnosing and treating her catastrophic necrotizing infection
12
and other injuries, including permanent injuries.
13
136. As a direct and proximate result of Defendant HENDERSON’s negligence, Plaintiff
14
endured extreme pain, suffering and emotional distress.
15
137. As a direct and proximate result of Defendant HENDERSON’s negligence, Plaintiff
16
incurred medical expenses and will incur lifelong medical expenses, the full extent of said expenses
17
are not known to Plaintiff and leave is requested to this Court to amend this Complaint to conform
18
to proof at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of
19
$15,000.
20
138. As a further direct and proximate result of Defendant HENDERSON’s negligence,
21
Plaintiff was forced to retain the services of attorneys in this matter; and therefore, seeks
22
reimbursement for attorneys’ fees and costs.
23
139. In support of her claims against Defendant HENDERSON, Plaintiff has attached the
24
Declarations of Dr. Gary William Tamkin and Dr. Todd Ellerin, attached hereto as Exhibits 2 and
25
3.
26
...
27
...
28
- 18 -
 IX.
1
SEVENTH CAUSE OF ACTION
2
NEGLIGENCE PER SE
3
(As Against Defendants ERGVR and HENDERSON)
4

5 140. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 139 of

6 this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.

7 141. Defendants ERGVR and HENDERSON owed Plaintiff a duty of care.

8
142. Defendant ERGVR, its employees, agents and/or servants were acting in the scope
9
of their employment, under Defendant’s control, and in furtherance of Defendant’s interest, and at
10
all times of their interactions with Plaintiff.
11
143. Defendant HENDERSON, its employees, agents and/or servants were acting in the
12

13 scope of their employment, under Defendant’s control, and in furtherance of Defendant’s interest,

14 and at all times of their interactions with Plaintiff.

15 144. Defendants ERGVR and HENDERSON are vicariously liable for damages resulting
16
from its agents’ and/or employees’ and/or servants’ negligent actions and omissions regarding
17
Plaintiff.
18
145. Emergency Medical Treatment and Labor Act (EMTALA) was designed to provide
19

20 emergency care to all patients, regardless of insurance status or ability to pay.

21 146. EMTALA requires hospitals to 1. Provide all patients with a medical screening

22 examination; 2. Stabilize any patients with an emergency medical condition; and 3. Transfer or
23 accept appropriate patients as needed.
24
147. Plaintiff was part of the class of persons that EMTALA was designed to protect.
25
148. On November 26, 2019, Plaintiff was not stabilized at ERGVR.
26
149. On November 26, 2019, Plaintiff’s emergency medical condition necessitated a
27

28 higher level of care.

- 19 -
 150. On November 26, 2019, Defendant ERGVR failed its obligation to stabilize
1
Plaintiff.
2
151. On November 26, 2019, Defendant ERGVR failed its obligation to transfer Plaintiff
3

4 to a higher level of care.

5 152. On November 26, 2019, Defendant ERGVR only looked to its sister facilities to

6 transfer care of Plaintiff.

7
153. Upon information and belief, Defendant ERGVR is obligated to first attempt
8
transfers to its sister facilities, rather than other available hospitals.
9
154. On November 27, 2019, Defendant ERGVR transferred Plaintiff to Defendant
10
HENDERSON.
11

12 155. On November 27, 2019, Defendant HENDERSON did not have any available ICU

13 beds available for Plaintiff.

14 156. On November 27, 2019, Defendant HENDERSON did not stabilize Plaintiff.
15
157. On November 27, 2019, Defendant HENDERSON did not transfer Plaintiff to an
16
appropriate higher level of care.
17
158. As a proximate result of the negligence of the Defendants, Plaintiff had a severe
18

19 delay in treating her necrotizing infection, causing an extended hospitalization.

20 159. That as a further proximate result of Defendants’ negligent acts and/or omissions,

21 Plaintiff was forced to retain the services of attorneys in this matter and therefore seeks
22 reimbursement for attorneys’ fees and costs.
23
X.
24
EIGHTH CAUSE OF ACTION
25
VICARIOUS LIABILITY/RESPONDEAT SUPERIOR (Against Defendant VIP)
26
160. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 159 of
27
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
28
- 20 -
 161. At all times relevant herein, all physicians, surgeons, registered nurses, licensed
1
practical nurses, registered technicians, certified nursing assistants, certified technicians,
2
attendants, physicians assistants or paramedical personnel at Defendant VIP, who were treating
3
ASHLEIGH COPE, including but not limited to, Defendant KHORSANDI, were the agents,
4
servants or employees of Defendant VIP, and at all times herein mentioned, were acting within the
5
scope of employment with the knowledge, permission and consent of their employer(s), Defendant
6
VIP. Therefore, employer(s) are responsible and liable for all of its employee/servant/agent’s
7
negligent conduct set forth herein under the theory of respondeat superior
8
162. As a direct and proximate result of Defendants’ negligence, Plaintiff endured
9
extreme pain, suffering and emotional distress.
10
163. As a direct and proximate result of Defendants’ negligence, Plaintiff incurred
11
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
12
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
13
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
14
164. As a further direct and proximate result of Defendants’ negligence, Plaintiff was
15
forced to retain the services of attorneys in this matter; and therefore, seeks reimbursement for
16
attorneys’ fees and costs.
17
XI.
18
NINTH CAUSE OF ACTION
19
VICARIOUS LIABILITY/RESPONDEAT SUPERIOR (Against Defendant ERGVR)
20
165. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 164 of
21
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
22
166. At all times relevant herein, all physicians, surgeons, registered nurses, licensed
23
practical nurses, registered technicians, certified nursing assistants, certified technicians,
24
attendants, physicians assistants or paramedical personnel at Defendant ERGVR, who were treating
25
ASHLEIGH COPE, including but not limited to, Defendant WEST, were the agents, servants or
26
employees of Defendant ERGVR, and at all times herein mentioned, were acting within the scope
27
of employment with the knowledge, permission and consent of their employer(s), Defendant
28
- 21 -
 ERGVR. Therefore, employer(s) are responsible and liable for all of its employee/servant/agent’s
1
negligent conduct set forth herein under the theory of respondeat superior.
2
167. As a direct and proximate result of Defendants’ negligence, Plaintiff endured
3
extreme pain, suffering and emotional distress.
4
168. As a direct and proximate result of Defendants’ negligence, Plaintiff incurred
5
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
6
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
7
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
8
169. As a further direct and proximate result of Defendants’ negligence, Plaintiff was
9
forced to retain the services of attorneys in this matter; and therefore, seeks reimbursement for
10
attorneys’ fees and costs.
11
XII.
12
TENTH CAUSE OF ACTION
13
VICARIOUS LIABILITY/RESPONDEAT SUPERIOR (Against Defendant SHADOW)
14
170. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 169 of
15
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
16
171. At all times relevant herein, all physicians, surgeons, registered nurses, licensed
17
practical nurses, registered technicians, certified nursing assistants, certified technicians,
18
attendants, physicians assistants or paramedical personnel at Defendant SHADOW, who were
19
treating ASHLEIGH COPE, including but not limited to, Defendant WEST, were the agents,
20
servants or employees of Defendant SHADOW, and at all times herein mentioned, were acting
21
within the scope of employment with the knowledge, permission and consent of their employer(s),
22
Defendant SHADOW. Therefore, employer(s) are responsible and liable for all of its
23
employee/servant/agent’s negligent conduct set forth herein under the theory of respondeat
24
superior.
25
172. As a direct and proximate result of Defendants’ negligence, Plaintiff endured
26
extreme pain, suffering and emotional distress.
27
...
28
- 22 -
 173. As a direct and proximate result of Defendants’ negligence, Plaintiff incurred
1
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
2
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
3
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
4
174. As a further direct and proximate result of Defendants’ negligence, Plaintiff was
5
forced to retain the services of attorneys in this matter; and therefore, seeks reimbursement for
6
attorneys’ fees and costs.
7
XIII.
8
ELEVENTH CAUSE OF ACTION
9
VICARIOUS LIABILITY/RESPONDEAT SUPERIOR (Against Defendant HENDERSON)
10
175. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 174 of
11
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
12
176. At all times relevant herein, all physicians, surgeons, registered nurses, licensed
13
practical nurses, registered technicians, certified nursing assistants, certified technicians,
14
attendants, physicians assistants or paramedical personnel at Defendant HENDERSON, who were
15
treating ASHLEIGH COPE, including but not limited to, Defendants DANIELIAN, NABONG,
16
GABRIEL, were the agents, servants or employees of Defendant HENERSON, and at all times
17
herein mentioned, were acting within the scope of employment with the knowledge, permission
18
and consent of their employer(s), Defendant HENDERSON. Therefore, employer(s) are
19
responsible and liable for all of its employee/servant/agent’s negligent conduct set forth herein
20
under the theory of respondeat superior.
21
177. As a direct and proximate result of Defendants’ negligence, Plaintiff endured
22
extreme pain, suffering and emotional distress.
23
178. As a direct and proximate result of Defendants’ negligence, Plaintiff incurred
24
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
25
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
26
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
27
...
28
- 23 -
 179. As a further direct and proximate result of Defendants’ negligence, Plaintiff was
1
forced to retain the services of attorneys in this matter; and therefore, seek reimbursement for
2
attorneys’ fees and costs.
3
XIV.
4
TWELFTH CAUSE OF ACTION
5
VICARIOUS LIABILITY/RESPONDEAT SUPERIOR (Against Defendant STG)
6
180. Plaintiff hereby adopts and incorporates by reference Paragraphs 1 through 179 of
7
this Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
8
181. At all times relevant herein, all physicians, surgeons, registered nurses, licensed
9
practical nurses, registered technicians, certified nursing assistants, certified technicians,
10
attendants, physicians assistants or paramedical personnel at Defendant STG, who were treating
11
ASHLEIGH COPE, including but not limited to, Defendant GABRIEL, were the agents, servants
12
or employees of Defendant STG, and at all times herein mentioned, were acting within the scope
13
of employment with the knowledge, permission and consent of their employer(s), Defendant STG.
14
Therefore, employer(s) are responsible and liable for all of its employee/servant/agent’s negligent
15
conduct set forth herein under the theory of respondeat superior.
16
182. As a direct and proximate result of Defendants’ negligence, Plaintiff endured
17
extreme pain, suffering and emotional distress.
18
183. As a direct and proximate result of Defendants’ negligence, Plaintiff incurred
19
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
20
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
21
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
22
184. As a further direct and proximate result of Defendants’ negligence, Plaintiff was
23
forced to retain the services of attorneys in this matter; and therefore, seeks reimbursement for
24
attorneys’ fees and costs.
25
...
26
...
27
...
28
- 24 -
 XV.
1
THIRTEENTH CAUSE OF ACTION
2
VICARIOUS LIABILITY/RESPONDEAT SUPERIOR (Against Defendant CCA)
3
185. Plaintiff hereby adopt and incorporate by reference Paragraphs 1 through 184 of this
4
Complaint, and makes them a part of the instant cause of action as though fully set forth herein.
5
186. At all times relevant herein, all physicians, surgeons, registered nurses, licensed
6
practical nurses, registered technicians, certified nursing assistants, certified technicians,
7
attendants, physicians assistants or paramedical personnel at Defendant CCA, who were treating
8
ASHLEIGH COPE, including but not limited to, Defendants DANIELIAN, and NABONG, were
9
the agents, servants or employees of Defendant CCA, and at all times herein mentioned, were acting
10
within the scope of employment with the knowledge, permission and consent of their employer(s),
11
Defendant CCA. Therefore, employer(s) are responsible and liable for all of its
12
employee/servant/agent’s negligent conduct set forth herein under the theory of respondeat
13
superior.
14
187. As a direct and proximate result of Defendants’ negligence, Plaintiff endured
15
extreme pain, suffering and emotional distress.
16
188. As a direct and proximate result of Defendants’ negligence, Plaintiff incurred
17
medical expenses and will incur lifelong medical expenses, the full extent of said expenses are not
18
known to Plaintiff and leave is requested to this Court to amend this Complaint to conform to proof
19
at the time of trial; Plaintiff has suffered general damages in an amount that is in excess of $15,000.
20
189. As a further direct and proximate result of Defendants’ negligence, Plaintiff was
21
forced to retain the services of attorneys in this matter; and therefore, seeks reimbursement for
22
attorneys’ fees and costs.
23
WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as
24
follows:
25
1. For medical special damages and compensatory damages against Defendants, for an
26
amount in excess of $25,000.00, plus pre-judgment and post-judgment interest thereon at the
27
highest legal rate;
28
- 25 -
 2. For an award of Plaintiffs’ attorneys’ fees and costs;
1
3. For such other and further relief as this Court deems just and proper.
2
DATED this 16th day of November, 2020.
3
ATKINSON WATKINS & HOFFMANN, LLP
4

5 /s/ John F. Bemis, Esq.

MATTHEW W. HOFFMANN, ESQ.
6 Nevada Bar No. 009061
JOHN F. BEMIS, ESQ.
7 Nevada Bar No. 009509
10789 W. Twain Ave., Suite 100
8 Las Vegas, NV 89135
Attorneys for Plaintiff
9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
- 26 -
EXHIBIT 1
 FOR PLASTIC SURGERY

March 31, 2020

Matthew W. Hoffmann, Esq.

10789 W. Twain Ave., suite 100
Las Vegas, NV 89135

Dear Mr. Hoffmann,

I have been retained to review the care and treatment of Ashleigh Cope by Dr. Christopher Khorsandi.
In preparation for this review I have personally reviewed:

1. Henderson Hospital Medical Records;

2. ER at Green Valley Ranch Medical Records;
3. VIP Plastic Surgery Medical Records;
4. Photographs of Ms. Cope from before and after her augmentation.

As you are aware, I graduated from the University of Pittsburgh School of Medicine where I was honored
as the salutatorian of my class. I completed my general surgery and plastic surgery training at the
GRAMEC/Michigan State University program. I then completed fellowships at the Cleveland Clinic and
oculoplastic training at PACES Plastic Surgery.

I am a diplomate of the American Board of Plastic Surgeons and a member of numerous medical
societies, including the American Society of Aesthetic Plastic Surgeons, (ASAPS). I have authored
textbook chapters and scientific publications in plastic surgery journals as well as lecturing at several
national Plastic Surgery meetings. Currently, I am a board-certified Plastic Surgeon in private practice in
Alpharetta, GA and my practice consists of primarily cosmetic or aesthetic plastic surgery. Over the past
25 years, I have performed several thousand breast augmentation and liposuction surgeries and am very
well versed and qualified to opine on this matter.

Background:

Ms. Cope is a 22 y/o female who underwent a surgery for bilateral breast augmentation by Dr.
Christopher Khorsandi on June 20,2018. She had Allergan Natrelle gel implants placed in a submuscular
pocket with 405cc on the left and 445cc on the right. She appeared to have an uneventful recovery but
was noted to have a slightly lower breast on the left side at her August 3, 2018 visit. A thong bra was
recommended at that time. She also underwent EndyMed and fraxel laser treatments for stretch marks
in her post-operative period. On her November 5,2019 visit, it was noted that she had volume
deficiency of both inframammary folds and a "double bubble" deformity on the left side. This deformity
occurs when the remnants of the inframammary fold persists and the implant drops below the native
fold. She also had an animation deformity on the left side. Because of this problem. Dr. Khorsandi

The Swan Building • 4165 Old Milton Parkway, Suite 200 East • Alpharetta, GA 30005
Phone 770-667-0904 • Fax 770-667-0206 • www.swancenteratlanta.com
 C$e (Cwan Center
FOR PLASTIC SURGERY

recommended fat transfer to both breast folds to be done under a local anesthetic in his office. This
procedure was performed in Dr. Khorsandi's office on November 26,2019.

Ms. Cope presented to Dr. Khorsandi's office the following day, on November 27, 2019. At that time,
she was complaining of pain and nausea with vomiting. Her heart rate at presentation was 118 and
blood pressure 60/40 mmHg. An intravenous line was started and Dr. Khorsandi then proceeded to give
Ms. Cope 5 liters of intravenous fluid before deciding to transfer her to an emergency room for
hypotension, hypothermia and tachycardia with severe abdominal pain. She was sent to the
freestanding Green Valley Emergency Room facility. After initial treatment at Green Valley ER, she was
transferred to Henderson Hospital on November 28, 2019 to be admitted for further treatment and was
found to have sepsis and necrotizing fasciitis and underwent surgical debridement;. She was transferred
to University Medical Center on November 30,2019 for further treatment and care.

Conclusions:

I have found several instances where Dr. Khorsandi actions deviated from the acceptable standard of
care within the medical community.

1. First, Dr. Khorsandi chose the wrong treatment. Ms. Cope developed a double bubble deformity
on her left breast. Dr. Khorsandi chose to treat her with fat transfers. This is not the optimal
choice because this does not treat the actual underlying issue, but simply masks the problem.
The standard of care required that she be scheduled for an operative correction in an accredited
facility. She was at higher risk for this problem developing as preoperatively she had a shortened
distance from her nipple to her inframammary fold and also had a tight or constricted fold. In
these cases, the inframammary fold and attachments to the overlying dermal skin need to be
released to prevent this problem. Her photographs demonstrate the still adherent native fold as
well as an animation deformity accentuated by inadequate muscle release. The correct
treatment for her should have been to re-operate to release the connections between the
native fold and muscle and the overlying skin.

2. Second, the surgical procedure should have been performed in an accredited office or surgical
facility where higher standards of sterility are present. A safe and accredited surgical suite is
likely to minimize the risk of surgical infections. The liposuction and fat transfer that was
undertaken in this case appeared to be done in an office procedure room that was set up similar
to an exam room. This type of office setting increased the risk of infection which happened
here. The severe and rapid nature of the infection that Ms. Cope developed is most likely
related to the environment in which the procedure was done and/or the way in which the
instruments were sanitized and processed. The risk of infection after liposuction is very small
and the fact that this infection proceeded rapidly and severely makes inadequate sterilization of
the instruments as the most likely entry path and cause of her sepsis and necrotizing fasciitis.

3. Third, Ms. Cope was having a medical emergency. Dr. Khorsandi further deviated from the
standard of care by not immediately transferring Ms. Cope to the closest hospital when possible.

The Swan Building • 4165 Old Milton Parkway, Suite 200 East • Alpharetta, GA 30005
Phone 770-667-0904 • Fax 770-667-0206 • www.swancenteratlanta.com
 FOR PLASTIC SURGERY

Ms. Cope presented to the office 1 day after her procedure with signs of hypotension and
serious medical problems. Dr. Khorsandi proceeded to start an intravenous line and administer
5 liters of fluid in his office. That amount of fluid is considered a resuscitative effort and not
appropriate for a physician's office. This treatment delayed the care that was needed.
Administering IV fluids while awaiting transport is appropriate but not to delay definitive
treatment and care. Also, Dr. Khorsandi should have had Ms. Cope transported to the closest
hospital and ideally where the surgeon has admitting privileges which would have decreased the
time it took for her to get definitive surgical care. The correct action would have been to call
911 and to transport to the closest hospital. After being sent to a freestanding, non-admitting
facility, she was transferred 2 more times before receiving her ultimate necessary care. These
delays will have a direct effect on the treatment of necrotizing fasciitis and are likely to
negatively affect her final outcome.

4. I do not believe that the written operative notes and progress notes are authentic and
believable. They seem to be written after the fact. The handwritten operative report by the
surgeon includes a level of detail that is highly unusual in any operative note. For example, it is
very unusual for a surgeon to include the serial numbers and expiration dates of a local
anesthetic that was used in ANY operative note, yet alone to include that in a hand written note.
It is most likely that these notes were written after it was known that the patient had a serious
problem. Therefore, the validity of Dr. Khorsandi's notes have to be questioned. The standard
of care is to write or dictate these notes at the conclusion of the procedure.

For the reasons mentioned above, I can state, to a reasonable degree of medical probability, that Dr.
Khorsandi fell below the minimum standard of care in treating Ms. Cope. I believe that the injuries
suffered by Ms. Cope are a direct result of the negligence stated. I reserve the right to offer additional
opinions should further information become available.

I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and
correct.

Sincerely,

Dean J. Fardo, M.D.

Diplomate, American Board of Plastic Surgery

The Swan Building • 4165 Old Milton Parkway, Suite 200 East • Alpharetta, GA 30005
Phone 770-66^-0904 • Fax 770-667-0206 • www.swancenteratlanta.com
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