A man who was mistakenly administered Lidocaine during an EMS transport is suing Hamilton County and Hamilton County EMS for $300,000.
Melvin Davis filed the lawsuit in Circuit Court.
It says he was hiking at Greenway Farm in Hixson on Sept. 8, 2010, when his ankle became entangled in a ropes course.
An ambulance was summoned and he was administered the Lidocaine - instead of saline solution - by paramedic Tim Waldo during the transport, according to the suit filed by attorney Eric Oliver.
It says that sent him into cardiac arrest and caused a number of other health issues and that a team of doctors at the emergency room had to revive him.
The suit says paramedic Waldo initially denied administering the Lidocaine, but later his license was placed on a year's probation by the Tennessee Board of Emergency Medical Services after he admitted the mistake.
Here is the complaint:
IN THE CIRCUIT COURT OF HAMILTON COUNTY, TENNESSEE
MELVIN DAVIS,
Plaintiff,
DOCKET NO. ____________
DIVISION _______________
1) HAMILTON COUNTY, TENNESSEE;
and
2) HAMILTON COUNTY E.M.S.,
Defendants.
)
COMPLAINT
Comes the Plaintiff, Melvin Davis, and for cause of action against the above-named
Defendants would show as follows:
This is a Tennessee Governmental Tort Liability Negligence Action.
The Plaintiff is a resident of West Harrison, Indiana, residing at 6080 St. Peters
Road, West Harrison, Indiana 47060.
Defendant, HAMILTON COUNTY, TENNESSEE, is a political subdivision
of the State of Tennessee and is subject to suit in this Court pursuant to the Tennessee
Governmental Tort Liability Act §29-20-101 et seq.
HAMILTON COUNTY E.M.S. was established and formed by Hamilton County,
Tennessee to provide ambulance and emergency medical services to individuals throughout
Hamilton County, Tennessee.
Defendant, HAMILTON COUNTY E.M.S. is an agent and entity under the
direct control of Hamilton County, Tennessee and is subject to suit in this Court pursuant to the
Tennessee Governmental Tor Liability Act §29-20-101 et seq. The current business address of
HAMILTON COUNTY E.M.S., is 317 Oak Street, Suite #316, Chattanooga, Tennessee 37403.
On September 8, 2011, and at all material times alleged herein, paramedic
Timothy Waldo was an employee of Hamilton County, Tennessee and/or Hamilton County
The acts and omissions complained of herein occurred in Hamilton County,
Tennessee. This Court has subject matter jurisdiction over this action and personal jurisdiction
over the parties.
Venue is properly situated before this Court.
The Plaintiff has complied with T.C.A. §29-26-121(a) by having
mailed by certified mail, notice of the claim to Defendant HAMILTON COUNTY,
TENNESSEE, at the address for the agent for service of process and the provider’s current
business address, all of which is evidenced by the attached Affidavits of Kristi M. McElroy
which state that such actions occurred, showing that notice was sent by certified mail to
Defendant HAMILTON COUNTY, TENNESSEE on June 20, 2012. The Affidavits of Kristi
M. McElroy and exhibits are attached as collective Exhibit A and incorporated herein by
reference. A copy of the notice mailed is attached to the Affidavits of Kristi M. McElroy. The
Certificate of Mailing from the U.S. Postal Service, stamped with the date of mailing is attached
to the Affidavits of Kristi M. McElroy, establishing that the specified notice was timely mailed
by certified mail, return receipt requested. A copy of the notice sent is attached to the Affidavits
of Kristi M. McElroy. The requirements of T.C.A. §29-26-121(a) have been satisfied with
respect to Defendant HAMILTON COUNTY, TENNESSEE.
The Plaintiff has complied with T.C.A. §29-26-121(a) by having
mailed by certified mail, notice of the claim to Defendant HAMILTON COUNTY EMS, at the
address for the agent for service of process and the provider’s current business address, all of
which is evidenced by the attached Affidavits of Kristi M. McElroy which state that such actions
occurred, showing that notice was sent by certified mail to Defendant HAMILTON COUNTY
EMS on June 20, 2012. The Affidavits of Kristi M. McElroy and exhibits are attached as
collective Exhibit B and incorporated herein by reference. A copy of the notice mailed is
attached to the Affidavits of Kristi M. McElroy. The Certificate of Mailing from the U.S. Postal
Service, stamped with the date of mailing is attached to the Affidavits of Kristi M. McElroy,
establishing that the specified notice was timely mailed by certified mail, return receipt
requested. A copy of the notice sent is attached to the Affidavits of Kristi M. McElroy. The
requirements of T.C.A. §29-26-121(a) have been satisfied with respect to Defendant
HAMILTON COUNTY EMS.
Moreover, the Plaintiff has complied with the notice requirements of T.C.A. §29-
26-121(a) by providing the named Defendants with personal service of the statutory written
notice by personal delivery as evidenced by the Affidavits attached as Exhibit C.
The Plaintiff timely complied with all of the notice requirements of T.C.A. §29-
26-121 by giving notice and the documents required by T.C.A. §29-26-121 to Defendants
HAMILTON COUNTY, TENNESSEE and HAMILTON COUNTY EMS more than sixty (60)
days before the filing of this Complaint.
HAMILTON COUNTY, TENNESSEE is liable in this case for the negligence
of its employees, and agents, including Paramedic Timothy Waldo, pursuant to the doctrines
of respondeat superior, apparent and ostensible agency and master servant.
HAMILTON COUNTY, TENNESSEE is vicariously liable for the negligence set forth herein
of paramedic Timothy Waldo and the employees and agents of HAMILTON COUNTY,
TENNESSEE who provided care to Melvin Davis on September 8, 2011, pursuant to the above-
referenced doctrines.
HAMILTON COUNTY EMS is liable in this case for the negligence of its
employees, and agents, including Paramedic Timothy Waldo, pursuant to the doctrines
of respondeat superior, apparent and ostensible agency and master servant.
HAMILTON COUNTY EMS is vicariously liable for the negligence set forth herein of
paramedic Timothy Waldo and the employees and agents of HAMILTON COUNTY EMS
who provided care to Melvin Davis on September 8, 2011, pursuant to the above-referenced
Paramedic Timothy Waldo was an agent and/or employee of Hamilton County,
Tennessee and/or Hamilton County EMS on September 8, 2011, at all times paramedic Waldo
provided emergency medical services to Plaintiff Melvin Davis.
Melvin Davis was born on April 6, 1954. He was 57 years old at the time he was
transported by Hamilton County EMS to Erlanger Hospital emergency room on September 8,
Mr. Davis was hiking in Hamilton County, Tennessee, at Greenway Farms, on
September 6, 2011.
During the hike, Mr. Davis encountered a ropes course and somehow got entangle
in one of the ropes. He was trapped, hanging from his right ankle.
Another hiker discovered Mr. Davis on September 8, 2011, and called 911.
Mr. Davis was able to provide his own history and was oriented to time and place
when he was found.
During his EMS transport, in an effort to rehydrate him, Mr. Davis was given
normal saline via an IV by paramedic Timothy Waldo, an employee of Hamilton County EMS.
He also received, by mistake, approximately a 500ml bag of Lidocaine which was
hung during his transport by paramedic Waldo and run wide open until the end of his transport.
Upon his arrival at Erlanger Hospital, Mr. Davis became acutely unstable and
went into cardiac arrest just as he was being brought into the trauma bay.
Mr. Davis underwent several minutes of ACLS resuscitation by the emergency
department physician staff at Erlanger Hospital and ultimately was resuscitated.
During his EMS transport, Mr. Davis’ complaints were right ankle pain and
dehydration.
As a result of the negligent administration of Lidocaine by paramedic Waldo, Mr.
Davis went into cardiac arrest due to Lidocaine toxicity. Mr. Davis suffered from the following
medical conditions and incurred the following services and charges related solely to the
negligent administration of Lidocaine:
a. Cardiac arrest secondary to Lidocaine administration requiring hypothermia
protocol and supportive care;
b. Acute respiratory failure requiring mechanical ventilation;
c. Bilateral pneumothoraxes secondary to CPR to place bilateral chest tubes;
d. Severe subcutaneous emphysema secondary to CPR;
e. Subcutaneous emphysema secondary to advanced cardiac life support
resuscitation;
f. His acute kidney injury was secondary to myoglobinuria secondary to
rhabdomyolysis but was exaserbated by acute tubular necrosis secondary to
hypotension; and
g. Acute transaminase elevation secondary to shocked liver.
The standard of care required paramedic Waldo to provide Mr. Davis with the
correct medications and medical solutions Mr. Davis needed.
Paramedic Waldo violated the applicable standard of care for paramedics in the
Chattanooga, Tennessee community or similar communities in September of 2011, by giving Mr.
Davis Lidocaine.
Paramedic Waldo admitted in an Agreed Order with the Tennessee Board of
Emergency Medical Services (signed on March 5, 2012 by paramedic Waldo) that providing
Melvin Davis with Lidocaine constituted “[g]ross malpractice or negligence or a pattern of
continued or repeated malpractice, ignorance, negligence or incompetence in the provision of
emergency care.”
At the emergency room the attending physician questioned why there was an
empty bag of Lidocaine premix hanging on the patient. Paramedic Waldo “denied knowledge
regarding how [Mr. Davis] received Lidocaine rather than an IV of saline.”
Tennessee Board of Emergency Medical Services, paramedic Waldo admitted that this denial
amounted to “[f]ailure to report pertinent care which accurately reflects the evaluation and
treatment of each patient.”
Paramedic Waldo’s license was placed on probation for one (1) year by the
Tennessee Board of Emergency Medical Services as a result of giving Mr. Davis Lidocaine.
32.
standard of care as set forth herein and at trial, Mr. Davis sustained injuries and damages which
would not have otherwise occurred.
33.
hospitalization related to his dehydration and ankle injury and would not have required more
than 1-2 days of intensive care unit level care. Most of the medical care Mr. Davis received
at Erlanger was related to the administration of Lidocaine and the consequences of Mr. Davis
receiving the Lidocaine. He was required to see specialists he would not have otherwise required
but for paramedic Waldo’s negligence and he has incurred nearly $100,000 in medical expenses
related directly to the negligence of paramedic Waldo.
34. As a direct and proximate legal result of the negligence of the Defendants’ employee/
agent set forth above and at trial, Melvin Davis suffered bodily injuries, incurred substantial
expenses for medical care, suffered emotional anguish, pain and suffering and has suffered a loss
of capacity for enjoyment of life and loss of earnings and earning capacity. Some of Plaintiff’s
losses are permanent and Plaintiff will continue to suffer the losses in the future. Defendants are
liable to Plaintiff as a result of the negligence stated herein and shown at trial.
35. The statutory violations admitted to by Paramedic Waldo constitute negligence per
se or as a matter of law and were the sole and direct proximate cause of Plaintiff’s injuries.
Specifically, paramedic Waldo admitted to violating T.C.A. §68-140-34(a)(1), (5) and (13) and
those violations amount to negligence per se.
36. A Certificate of Good Faith in proper form as required by T.C.A. §29-26-122 has
been filed with this Complaint.
As a direct and proximate result of paramedic Waldo’s violations from the
Mr. Davis, more likely than not, would have only required 5-6 days of
WHEREFORE, the Plaintiff, Melvin Davis, demands a judgment from the Defendants in
the amount of the statutory maximum of $300,000.00 under §29-20-403 or the policy limits of
any insurance coverage available for the negligence of Hamilton County EMS employees under
T.C.A. §29-20-311 , whichever is greater, or such other amount as this Court finds to be fair and
reasonable. Plaintiff also seeks court costs and discretionary costs from the Defendants.
Respectfully submitted,
LEWIS & OLIVER
By:
_______
ERIC J. OLIVER, BPR 17509
736 Georgia Avenue, Suite 500
Chattanooga, TN 37402
Telephone (423) 756-8203
Facsimile (423) 756-2233
Attorney for the Plaintiff