RETURN DATE: APRIL 23, 2024
`
`
`
`DOCKET NO. AAN-CV-24-6054211 :|SUPERIOR COURT
`
`
`
`
`
`LISA CASTLE, ADMINISTRATOR OF:
`THE ESTATEOF JUSTIN CASTLE
`VS.
`|
`
`AT MILFORD
`
`‘J.D. of ANSONIA-MILFORD
`
`APRIL 1, 2024
`
`PAMELA BARRETT,P.A.;
`
`:
`AFC NEW ENGLAND,LLC;
`GRIFFIN FACULTY PHYSICIANS, INC;
`SHAUN NAJARIAN,M.D.;
`THE GRIFFIN HOSPITAL;
`MATTHEW PRICE, M.D.;
`KATHLEEN M. CHAISSON, M.D.;
`PULMONARYSPECIALTIES,P.C.;
`AYESHA CHAUDHRY, M.D.; AND
`MICHAEL NASO, M.D.
`
`AMENDED COMPLAINT
`
`FIRST COUNT:(Asto Defendants, QUENTIN MEDICAL GROUP, LLC AND QMG3,
`LLC)
`
`1.
`
`At all times relevant hereto, the defendants, Quentin Medical Group,
`
`LLC and QMG3, LLC,were limited liability companies authorized to do business in
`
`the State of Connecticut that owned and operated an urgent care facility known as AFC
`Urgent Care Shelton located at 389 Bridgeport Avenue, Shelton, Connecticut
`
`(hereinafter collectively known as “AFC”).
`
`2.
`
`Atall times relevant hereto, Pamela Barrett, P.A., was an agent, servant
`
`and/or employee of the defendants, AFC, acting within the scope of her authority.
`
`3.
`
`On October 11, 2023, Lisa M. Castle was appointed Administratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER ¢ 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 * JURIS NO. 106077
`
`
`
`
`
`DOCKET NO. AAN-CV-24-6054211 :|SUPERIOR COURT
`
`
`
`
`
`LISA CASTLE, ADMINISTRATOR OF:
`THE ESTATEOF JUSTIN CASTLE
`VS.
`|
`
`AT MILFORD
`
`‘J.D. of ANSONIA-MILFORD
`
`APRIL 1, 2024
`
`PAMELA BARRETT,P.A.;
`
`:
`AFC NEW ENGLAND,LLC;
`GRIFFIN FACULTY PHYSICIANS, INC;
`SHAUN NAJARIAN,M.D.;
`THE GRIFFIN HOSPITAL;
`MATTHEW PRICE, M.D.;
`KATHLEEN M. CHAISSON, M.D.;
`PULMONARYSPECIALTIES,P.C.;
`AYESHA CHAUDHRY, M.D.; AND
`MICHAEL NASO, M.D.
`
`AMENDED COMPLAINT
`
`FIRST COUNT:(Asto Defendants, QUENTIN MEDICAL GROUP, LLC AND QMG3,
`LLC)
`
`1.
`
`At all times relevant hereto, the defendants, Quentin Medical Group,
`
`LLC and QMG3, LLC,were limited liability companies authorized to do business in
`
`the State of Connecticut that owned and operated an urgent care facility known as AFC
`Urgent Care Shelton located at 389 Bridgeport Avenue, Shelton, Connecticut
`
`(hereinafter collectively known as “AFC”).
`
`2.
`
`Atall times relevant hereto, Pamela Barrett, P.A., was an agent, servant
`
`and/or employee of the defendants, AFC, acting within the scope of her authority.
`
`3.
`
`On October 11, 2023, Lisa M. Castle was appointed Administratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER ¢ 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 * JURIS NO. 106077
`
`
`
`4,
`On or about December 23, 2021 the decedent, Justin D. Castle presented
`to AFC with complaints that included chills, fever sore throat and stuffy nose.
`5.
`During his evaluation, the decedent testedpositive for Covid-19. The
`
`defendant diagnosed him with low risk Covid-19 and discharged him with instructions
`
`that included plenty of fluids, plenty of rest and to seek further evaluation at the
`
`emergency department or his primary care physician if his condition worsened.
`6.
`His symptomspersisted and on December 27, 2021 the decedent followed
`
`up with his primary care physician.
`
`7.
`His symptoms progressed and on December 29, 2021 he presented to the
`emergency departmentat Griffin Hospital.
`
`8.
`
`On January 2, 2022 the plaintiff’s decedent, Justin D. Castle was
`
`admitted to Griffin Hospital through the emergency department. Despite efforts, Justin
`
`died on January 13, 2022 from respiratory complications due to Covid pneumonia.
`9,
`The injuries and damages sustained by plaintiff's decedent, as set forth
`below, were caused by the negligence and carelessness ofthe defendant, in any one or
`more of the following ways:
`
`a.
`
`b.
`
`the failure to take a full and accurate history;
`
`the failure to recognize the significance of plaintiffs decedent’s risk
`
`factors underthe circumstances;
`
`c.
`
`the failure to recognize that based upon his weight and BMI,theplaintiff's
`
`decedent wasat high risk for developing Covid pneumonia;
`
`* ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER ® 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 »*
`(203) 865-8430 © JURIS NO. 106077
`
`
`
`
`
`
`
`d.
`e.
`
`the failure to place him on Paxlovid;
`the failure to place him on oral antiviral therapy;
`
`f.
`
`the failure to timely and effectively address his signs, symptoms and
`
`Covid diagnosis; and
`
`g.
`
`the failure to use safe and effective medical practices and procedures.
`
`10.
`
`As aresult of the carelessness and negligence of the defendant, the
`
`plaintiff's decedent, suffered complications from Covid-19 including Covid pneumonia,
`
`respiratory failure, and death.
`
`11.
`
`Asa further result of the carelessness and negligence of the defendant the
`
`plaintiffs decedent suffered physical and emotional pain, great fear and anxiety,
`
`nervousness, and progression of his debilitating condition..
`
`12.
`
`Asa further result of the carelessness and negligence of the defendant, the
`
`plaintiff's decedent was permanently deprived of his normalactivities and interests in life
`including a loss ofability to work and a loss of earning capacity.
`
`13.
`
`Asa further result of the carelessness and negligence of the defendant, the
`
`plaintiff was required to expend great sums of money for medical care and attention,
`
`hospitalizations, medicines, x-rays, nursing care, funeral andestate costs.
`
`SECOND COUNT: (Asto Defendant, Pamela Barrett, PA)
`
`At all times relevant hereto, the defendant, Pamela Barrett, P.A. was a
`1.
`physicians assistant licensed to practice in the State of Connecticut whopracticed at
`
`AFC.
`
`* ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE,18th Floor
`© NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 * JURIS NO. 106077
`
`
`
`
`
`
`
`
`
`OO a
`
`2.
`
`On October11, 2023, Lisa M. Castle was appointed Administratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`|
`3-12. Paragraphs 4 through 13 ofthe First Count are hereby incorporated and
`realleged and made Paragraphs 3 through 12 ofthe Second Count.
`THIRD COUNT: (As to Defendant, Griffin Faculty Physicians, Inc.)
`1.
`Atall times relevant hereto, the defendant, Griffin Faculty Physicians,
`
`Inc. was a professional corporation organized and existing under the laws ofthe State of
`
`Connecticut.
`
`2.
`
`Atall times relevant hereto, the defendant, Shaun Najarian, DO, was an
`
`agent, servant, and/or employee of the defendant acting within the scope of his authority.
`
`3.
`
`On October 11, 2023, Lisa M. Castle was appointed Administratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`
`4,
`
`On or about December 27, 2021, the plaintiff's decedent, Justin D. Castle
`
`wasan established patient of the defendant and presented to the defendantwith a
`
`diagnosis of Covid-19 and persistent symptomsincluding nasal congestion, cough, and
`
`fever.
`
`Based upon an evaluation by said defendant, the plaintiff's decedent was
`5.
`prescribed Augmentinfor pharyngitis, albuterol and nebulizer for asthma andto obtain a
`
`Covid vaccineafter he completed quarantine and wasfeeling better.
`
`6-7.
`
`Paragraphs 7 through8 of the First Count are hereby incorporated, re-
`
`alleged and made paragraphs6 through 7 of the Third Count.
`
`« ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab e& Roberge L.L.C.
`LONG WHARF MARITIME CENTER © 555 LONG WHARF DRIVE, 13th Floor
`¢ NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 * JURIS NO. 106077
`
`
`
`
`
`
`
`
`
`8.
`
`The injuries and damages sustained bythe plaintiffs decedent, Justin D.
`
`Castle as set forth below, were caused by the negligence and carelessness of said
`
`defendant, in any one or moreofthe following ways:
`
`a.
`
`the failure to recognize the significance ofplaintiffs decedent’s risk
`
`factors under the circumstances;
`the failure to make arrangements for appropriate follow-up care;
`the failure to send him to the emergency department for timely treatment
`and evaluation;
`
`the failure to prescribe the appropriate medications;
`
`the failure to prescribe Paxlovid;
`
`the failure to prescribe and/or make arrangementsfor treatment with
`
`Remdesivir;
`
`the failure to timely and effectively address his signs, symptoms and
`
`Covid diagnosis; and
`
`h.
`
`the failure to use safe and effective medical practices and procedures.
`
`9-12.
`
`Paragraphs 10 through 13 of the First Count are hereby incorporated,
`
`realleged and made Paragraphs 9 through 12 of the Third Count.
`
`FOURTH COUNT: (Asto Defendant, Shaun Najarian, DO)
`
`1,
`
`At all times relevant hereto, Shaun Najarian, DO wasa physician
`
`licensed to practice medicine in the State of Connecticut.
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE, 13th Floor
`« NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 »* JURIS NO. 106077
`
`
`
`
`
`
`
`
`2-11. Paragraphs 3 through 12 of the Third Countare hereby incorporated and
`
`realleged and made Paragraphs 2 through 11 of the Fourth Count.
`
`FIFTH COUNT:(Asto Defendant, The Griffin Hospital)
`
`1.
`
`At all times relevant hereto, the defendant, The Griffin Hospital was a
`
`corporation organized and existing under the laws of the State of Connecticut.
`
`2.
`
`Said defendant conducted and maintained a general hospital, including
`
`emergency room services and medical and surgical facilities for treatment of patients and
`has a principle place ofbusiness located at 130 Division Street, Derby, Connecticut.
`
`3.
`
`At all times relevant hereto, Matthew Price, M.D., Kathleen M, Chaisson,
`
`M.D., Ayesha Chaudhry, M.D., Michael Naso, M.D., Pulmonary Specialties, P.C. and
`
`Griffin Faculty Physicians, Inc. were agents, servants and/or employeesof the defendant,
`Griffin Hospital acting within the scope oftheir authority.
`
`4.
`
`On October 11, 2023, Lisa M. Castle was appointed Administratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`
`5.
`On December 29, 2021, the plaintiff's decedent, Justin D. Castle
`presented to the emergency departmentofthe defendant, Griffin Hospital for persistent
`symptoms related to Covid-19.
`
`6.
`
`On said date, the defendant accepted the plaintiffs decedent as a patient
`
`through the emergency department and undertook to provide him with medical care and
`
`treatment for his complaints.
`
`Kennedy, Johnson, Schwab e& Roberge L.L.C. © ATTORNEYS AT LAW
`LONG WHARF MARITIME CENTER © 555 LONG WHARF DRIVE, 13th.Floor
`«© NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 e¢ JURIS NO. 106077
`
`
`
`O
`
`O
`
`7.
`
`_His signs and symptomsincludedfever,tachycardia, fatigue and a chest x-
`
`ray that revealed Covid pneumonia.
`
`8.
`
`The plaintiff's decedent was discharged with instructions totake Tylenol
`
`and to stay hydrated.
`
`9.
`On January 2, 2022,the plaintiffs decedent presented to the emergency
`department ofthe defendant with worsening symptomsincluding shortness ofbreath and
`hypoxia. A chest x-ray revealed worsening Covid pneumonia. He was admitted but .
`
`despite efforts Justin D. Castle died on January 13, 2022 from respiratory complications
`
`due to Covid pneumonia.
`10.
`The injuries and damages sustained bythe plaintiff's decedent, Justin D.
`Castle as set forth below, were caused by the negligence and carelessness of said
`
`defendant, in any one or moreofthe following ways:
`|
`a. discharging the plaintiffs decedent on December 29, 2021;
`
`b.
`
`the failure to properly respond and recognize the significance of symptoms
`
`and abnormalvital signs including tachycardia andpersistent feversat that
`
`time;
`the failure to properly respondand recognize the significance ofx-ray
`
`c.
`
`findingsat the December 29" visit;
`
`d.
`
`the failure to conduct lab work at that visit;
`
`e.
`
`the failure to take a thoroughhistory at that visit;
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE,13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 »* JURIS NO. 106077
`
`
`
`
`
`
`
`
`
`
`the failure to recognize the significance ofhis risk factors and co-
`
`morbidities at that visit;
`
`the failure to admit him on December29, 2021;
`
`the failure to obtain pulmonary and/or infectious disease consults on
`
`December 29, 2021;
`
`the failure to place him on steroids on December29, 2021;
`
`the failure to start an antiviral on December 29, 2021;
`the failure to arrange for a timely pulmonology consult when he was
`
`readmitted on January 2, 2022;
`
`Ppae
`
`_otebee
`
`—_—
`
`the failure to arrange for a timely infectious disease consultat that time;
`
`.
`
`. the failure to take an appropriate history;
`
`P
`
`aUumMRULUOUDB
`
`the failure to recognize the significance ofplaintiff's decedent’s risk
`
`factors upon his return to the emergency department underthe
`
`circumstances;
`
`the failure to timely respond to x-rays studies;
`
`the failure to timely address evidence of a super imposed infection;
`the failure to timely implement broad spectrum antibiotic therapy;
`
`thefailure to timely provide antiviral medication;
`
`the failure to recognize that the plaintiff required ECMO;
`
`ct
`
`the failure to recognize that he required transfer to an appropriate facility;
`
`* ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE, 13th Floor
`* NEW. HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 *° JURIS NO. 106077
`
`
`
`
`
`
`
`u.
`
`the failure to transfer the plaintiff's decedent to an appropriate facility for
`necessary care;
`|
`
`v.
`
`the failure to timely and effectively address his signs and symptoms; and
`
`w.
`
`the failure to use safe and effective medical practices and procedures.
`
`11- 14. Paragraphs 10 through 13 of the First Count are hereby incorporated, re-
`
`alleged and made paragraphs 11 through 14 of the Fifth Count.
`
`SIXTH COUNT: (As Defendant, Matthew Price, M.D.)
`
`1.
`
`At all times mentioned herein, the defendant, Matthew Price, M.D. was a
`
`physicianlicensed to practice medicine in the State of Connecticut.
`2.
`On October 11, 2023, Lisa M. Castle was appointedAdministratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`
`3-7.
`
`Paragraphs 5 through 9 of the Fifth Count are hereby incorporated and
`
`realleged and made Paragraphs 3 through 7 of the Sixth Count.
`
`8.
`The injuries and damagessustained bythe plaintiff’s decedent, Justin D.
`Castle as set forth below, were caused by the negligence and carelessness ofsaid
`defendant, in any one or moreofthe following ways:
`
`a.
`
`b.
`
`c.
`
`d.
`
`discharging the patient on December 29, 2021;
`
`the failure to properly respond and recognize the significance of symptoms
`and abnormalvital signs, including tachycardia andpersistent fevers;
`
`the failure to properly respond and recognize the significance of x-ray
`findings;
`
`the failure to conduct lab work;
`
`
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER ¢ 555 LONG WHARF DRIVE, 13th Floor
`© NEW HAVEN, CT 06511
`FAX (203) 865-5845 ©
`(203) 865-8430 * JURIS NO. 106077
`
`
`
`e.
`
`f.
`
`g.
`
`h.
`
`I
`
`j.
`
`k.
`
`the failure to take a thoroughhistory;
`
`the failure to recognize the significance ofhis risk factors and co-
`morbidities;
`
`the failure to admit him;
`
`the failure to obtain pulmonology and/or infectious disease consult;
`
`the failure to put him onsteroids;
`
`the failure to start an antiviral; and
`
`the failure to use safe and effective medical practices and procedures.
`
`9-12. Paragraphs 11 through 14 of the Fifth Count are hereby incorporated and
`
`realleged and made Paragraphs 9 through 12 of the Sixth Count.
`
`SEVENTH COUNT: (Asto Defendant, Kathleen M. Chaisson, M.D.)
`
`1.
`Atall times relevant hereto, the defendant, Kathleen M. Chaisson, M.D.
`was a physician licensed to practice medicine in the State ofConnecticut.
`
`2.
`
`On October 11, 2023, Lisa M. Castle was appointed Administratrix of
`
`the Estate of Justin D. Castle, deceased by the Shelton Probate Court.
`
`3.
`
`On January 2, 2022,the plaintiff's decedent, Justin D. Castle was
`
`admitted to Griffin Hospital with shortness of breath, hypoxia and Covid pneumonia.
`
`4,
`During said admission, said defendant examinedthe plaintiff's decedent
`and undertook to provide him with continuing medical care and treatment for his
`
`complaints.
`
`Kennedy, Johnson, Schwab & Roberge L.L.C. © ATTORNEYS AT LAW
`LONG WHARF MARITIME CENTER *® 555 LONG WHARF DRIVE,13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 « JURIS NO. 106077
`
`
`
`
`
`
`
`O
`
`O
`
`5.
`
`The injuries and damagesofthe plaintiff's decedent, Justin D. Castle as
`
`set forth below, were caused by the negligence andcarelessness of said defendant, in any
`
`one or more of the following ways:
`
`a.
`
`b.
`
`the failure to arrange for a timely pulmonology consult;
`
`the failure to arrange for a timely infectious disease consult;
`
`the failure to take an appropriate history;
`
`the failure to recognize the significance ofplaintiff's risk factors under the
`circumstances;
`
`the failure to timely respond to x-ray studies;
`the failure to timely address evidence of a super imposed infection:
`the failure to timely implement broad spectrum antibiotic therapy;
`
`the failure to timely provide antiviral medications;
`
`the failure to recognize that the plaintiff's decedent required ECMO;
`
`the failure to recognizethat the plaintiff's decedent required transfer to an
`appropriate facility;
`
`the failure to transfer the plaintiff's decedent to an appropriatefacility;
`
`the failure to timely and effectively address his signs and symptoms;
`
`the failure to use safe and effective medical practices and procedures.
`
`6-9.
`
`Paragraphs 10 through 13 of the First Count are hereby incorporated and
`
`realleged and made Paragraphs6 through 9 of the Seventh Count.
`
`_
`
`Kennedy, Johnson, Schwab & Roberge L.L.C.-* ATTORNEYS AT LAW
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE, 13th Floor
`«© NEW HAVEN, CT 06511
`FAX (203) 865-5345 © (203) 865-8430 © JURIS NO. 106077
`
`
`
`
`
`_~
`
`a
`
`(>
`
`EIGHTH COUNT:(Asto Defendant, Pulmonary Specialties, P.C.)
`
`1.
`
`Atall times relevant hereto, the defendant, Pulmonary Specialties, P.C.
`
`was a professional corporation organized and existing under the lawsofthe State of
`
`Connecticut.
`
`2.
`
`Atall times relevant hereto, Kathleen M. Chaisson, M.D. was an agent,
`
`servant and/or employee ofthe defendant, Pulmonary Specialties, P.C. acting within the.
`
`scope of her authority.
`
`3-10. Paragraphs 2 through 9 of the Seventh Count are hereby incorporated and
`
`realleged and made Paragraphs3 through 10 of the Eighth Count.
`NINTH COUNT:(As to Defendant, Ayesha Chaudhry, M.D).
`
`1.
`
`Atall times relevant hereto, the defendant, Ayesha Chaudhry, M.D. was a
`
`physician licensed to practice medicine in the State of Connecticut.
`
`2-9.
`
`Paragraphs 2 through 9 of the Seventh Count are hereby incorporated and
`
`realleged and made Paragraphs 2 through 9 of the Ninth Count.
`
`TENTH COUNT: (Asto Defendant, Griffin Faculty Physicians, Inc.)
`1.
`Atall times relevant hereto, the defendant, Griffin Faculty Physicians,
`
`Inc. was a corporation organized and existing under the laws of the State of Connecticut.
`
`2.
`
`Atall times relevant hereto, Ayesha Chaudhry, M.D. wasan agent,
`
`servant and/or employee of the defendant, Griffin Faculty Physicians, Inc. acting within
`
`the scope of her authority.
`3-10. Paragraphs 2 through 9 ofthe Ninth Count are hereby incorporated and
`
`realleged and made Paragraphs 3 through 10 of the Tenth Count.
`
`Kennedy, Johnson, Schwab & Roberge L.L.C. * ATTORNEYS AT LAW
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 © JURIS NO. 106077
`
`
`
`
`
`
`
`ELEVENTH COUNT: (As to Defendant, Michael Naso, M.D.)
`
`1.
`
`At all times relevant hereto, the defendant, Michael Naso, M.D., was a
`
`physician licensed to practice medicine in the State of Connecticut.
`2-9.
`Paragraphs 2 through 9ofthe Seventh Count are hereby incorporated and
`
`realleged and made Paragraphs 2 through 9 of the Eleventh Count.
`
`Dated at New Haven, Connecticut, this 1day of April, 2024.
`
`ZL
`
`
`THE PLAINTIFFS 4“o
`<Ji |
`Stephant6 Roberge
`
`BY:
`
`AL
`
`Kennedy Yohnson Schwab & Roberge
`555 Long Wharf Drive, 13Floor
`New Haven, CT 06511
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab e& Roberge L.L.C.
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 © JURIS NO. 106077
`,
`
`
`
`
`
`DOCKETNO.: AAN-CV-24-6054211
`
`:
`
`SUPERIOR COURT
`
`LISA CASTLE, ADMINISTRATOR OF
`THE ESTATE OF JUSTIN CASTLE
`
`J.D. of ANSONIA-MILFORD
`
`AT MILFORD
`
`APRIL1, 2024
`
`VS.
`
`PAMELA BARRETT,P.A.;
`
`:
`AFC NEWENGLAND, LLC
`GRIFFIN FACULTY PHYSICIANS, INC;
`SHAUN NAJARIAN, M.D.;
`THE GRIFFIN HOSPITAL;
`MATTHEW PRICE,M.D.;
`KATHLEEN M. CHAISSON,M.D.;
`PULMONARYSPECIALTIES,P.C.;
`AYESHA CHAUDHRY,M.D.; AND
`MICHAEL NASO, M.D.
`
`STATEMENT OF DEMAND
`
`The Plaintiff in the above-entitled action claims compensatory damages in excess
`
`of FIFTEEEN THOUSAND($15,000.00) DOLLARS.
`
` BY:
`
`ie
`
`StephinieueRobeige, Esq.
`KennedyJohnson Schwab & Roberge
`555 Long Wharf Drive, 13Floor
`New Haven, CT 06511
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER *® 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 »
`(203) 865-8430 « JURIS NO, 106077
`
`
`
`
`
`
`
`DOCKET NO.: AAN-CV-24-6054211
`LISA CASTLE, ADMINISTRATOR OF
`THE ESTATE OF JUSTIN CASTLE
`
`:
`
`SUPERIOR COURT
`J.D. of ANSONIA-MILFORD
`
`VS.
`
`AT MILFORD
`
`PAMELA BARRETT,P.A.;
`
`APRIL 1, 2024
`
`.
`AFC NEW ENGLAND,LLC;
`GRIFFIN FACULTY PHYSICIANS, INC;
`SHAUN NAJARIAN, M.D.;
`THE GRIFFIN HOSPITAL;
`MATTHEW PRICE, M.D.;
`KATHLEEN M. CHAISSON,M.D.;
`PULMONARYSPECIALTIES, P.C.;
`AYESHA CHAUDHRY,M.D.; AND
`MICHAEL NASO, M.D.
`CERTIFICATE OF REASONABLEING )UIRY
`
`I hereby certify that I have made a reasonable inquiry, as permitted by the
`
`circumstances, to determine whether there are groundsfor a goodfaith belief that there
`has been negligence in the care and treatment ofthe claimant’s decedent. Copy ofwritten
`| opinions of similar health care providers as required pursuant to Connecticut General
`
`Statutes §52-190a are attached hereto. This inquiry has given rise to a good-faith belief
`
`on mypart that groundsexist for an action against each named defendant.
`
`
`
`StephanieZ,,—
`Commissigner ofthe Superior Court
`
`
`
`
`Kennedy, Johnson, Schwab & Roberge L.L.C. © ATTORNEYS AT LAW
`LONG WHARF MARITIME CENTER ¢ 555 LONG WHARF DRIVE, 13th Floor
`* NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 © JURIS NO. 106077
`
`
`
`-)
`
`)
`
`CERTIFICATION
`
`I certify that a copy of the above wasor will immediately be mailed or delivered
`
`electronically on this 1“ day of April, 2024 to:
`
`Frederick J. Trotta, Esq.
`Halloran & Sage, LLP
`One Century Tower
`265 Church Street, Suite 802
`New Haven, CT 06510
`trotta@halloransage.com
`AFC New England, LLC
`
`Kristin Connors, Esq.
`Stockman O’Connor Connors, PLLC.
`32 Church Hill Road, Suite C201
`Newtown, CT 06470
`kconnors@stockmanoconnor.com
`Griffin Faculty Physicians, Inc.
`Shaun Najarian, DO —
`The Griffin Hospital
`Ayesha Chaudhry, M.D.
`Michael Naso, M.D.
`
`Heidi M. Cilano, Esq.
`Heidel! Pittoni Murphy & Bach, LLP
`2 Corporate Drive, Suite 444
`Shelton, CT 06484
`hcilano@hpmb.com
`Kathleen Chaisson, M.D.
`Pulmonary Specialties, P.C.
`
`Joyce Lagnese, Esq.
`Danaher Lagnese, P.C.
`Capitol Place, Suite 700
`21 Oak Street
`Hartford, CT 06106
`jlagnese@danaherlagnese.com
`tlyons(@danaherlagnese.com
`Matthew B.Price, M.D.
`
`* ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab e Roberge L.L.C.
`LONG WHARF MARITIME CENTER * 555 LONG WHARF DRIVE, 13th Floor
`« NEW HAVEN, CT 06511
`FAX (203) 865-5545 ©
`(203) 865-8430 © JURIS NO. 106077
`
`
`
`
`
`
`
`OO
`
`C
`
`Angeline Ioannou, Esq.
`Lewis Brisbois Bisgaard & Smith, LLP
`185 Asylum Street, Suite 2603
`Hartford, CT 06103
`Angeline.ioannou@lewisbrisbois.com
`Pamela Barrett, P.A.
`
`and that written consent for electronic delivery was received from all counsel and self-
`
`represented parties of record who wereor will immediately be electronically served.
`
`
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER »* 555 LONG WHARF DRIVE, 18th Floor
`¢ NEW HAVEN, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 © JURIS NO.. 106077
`
`
`
`
`
`
`
`-RieroRNDATE me cS- 1 StPeriorCouURT
`
`_- LISAM.CASTLE, ADMINISTRATOR” =. “-DOF FAIRFIELD:
`OFTHEESTATEOFJUSTIN D, CASTLE pe
`
`a . oT . :ne MD.ARCvigCafe.‘BasedupoanyreveSstCastléa,saDiya a
`
`inalpitsentedtoAFCUrgentCaeCenteonDecember2,2oa1.“Bliscomplatatsincludedos nae
`
`
`
`
`
`i
`
`i i
`
`ti
`1
`t
`3
`i
`7
`|
`i]
`iopo
`
`|
`
`
`
`
`-Kennedy;Johnson, Schwab &RobergeLL.GC.» ATTORNBYS:AT-LAY
`_ LoneWHARF MARITIMECENTER © -835 LONGWarr Drive, 18ih Flour '® NEW HAVEN, cr:OG5I1
`FAX (203)865-5345" @: (208) 865-8430 © JURIS iNO. 199077
`
`
`
`chills,fever, sore‘throat and stuffynose. . His temperature was 101.2,“weight 295 pounds, q.
`BMI 43.5 and oxygen sats of98%. He tésted positive for Covid-19, negative for yo
`
`strptosooat‘and’I negativeforiiifluenza. Based|d upon.his evaluationhe ‘was diagnosewith : i
`
`TeiisnyopinionthattheteappearsfobeeevidenceafmedicalI niggaonthepat.of7
`- ParielaBarret,HPA andARCUrgentCare,‘Thebasisforthis.opitiioninelndes’tefaitoreet7
`- Kennedy, Johnson, Schwab & Rober,ge LL.G.
`» ATTORNEYSAF LAW
`LONG WHARF MARITIME CENTER © 585 LONG WHARF DRIVE, iSth Haar 2. NEw HAVEN, cr 06811
`FAX (203) RGH-5345 © (203) 865-8480© yuRIsNO. 106077
`
`:
`
`
`
`.
`
`
`
`
`
`takeafull and accurate history;the failureto recognize the significance ofplaintsrisk -D
`factorsunderthecirohmstances;the failureto redognize thatbasedaiponhigweightandBML,
`4he vwas at‘highiskfor developingCovid pnenthonia; thefailure toplace hitn ori Paxlovid;
`- the’failuretoplacehinaon1 oralauitiviraltherapy;the failureio0
`timelyandeffeativelyaddriss °
`. “hissigns;-ymptomns andCovid| alagosis aiid‘thefailureto:“use:ake‘and.effectivemedical:
`
`
`- praicesand.procedures,
`“thepisiteda hereiniisba1 uponthe’infoitation availabletb,meatat this on
`
`
`
`" Kennelly,Jolinson, Schwab & Roberge LLG. ¢ AVTORNEYSATLaw
`Lone Warr Marrrivig CENTER © 555 LONG WHARF DRIVE, 18th Floor © New HAVEN, CTossti
`"FAX (203) 865-5845 © (208) BEE-B430. © JORIS}NO.106077,
`;
`e
`
`
`
`
`
`
`
`
`
`RETURN DATE
`LISA M. CASTLE, ADMINISTRATOR
`OF THE ESTATE OF JUSTIN D. CASTLE
`VS.
`4
`
`a
`:
`
`:
`
`SUPERIOR COURT
`J.D. OF FAIRFIELD
`
`AT BRIDGEPORT
`
`SHAUN NAJARIAN, M.D.;
`
`GRIFFINFACULTY PHYSICIANS, INC. ET AL .
`PHYSICIAN°S OPINION- ;
`PURSUANT TO C:G.8. SECTION 521908
`INOr'ssUBJECTTO GENERALDISCLOSURE]
`IT am board certified jin internal medicine aid I am:farniliar with the standard of care
`as it relates to thepractice ofintemalmedicine inthe year 2021 and forward in the United —
`States. ae
`.
`|
`-
`|
`- I have reviewed the medical records of Griffin Hospital, Shaun Najarian, M.D. and
`AFC Urgent Care regarding Justin Castle. Based upon my review, Tustin Castle a 21-year-
`old male presented to AFC Urgent Care Center on December 23, 2021. His complaints
`included chills, fever, sore throatand stuffy nose. His temperature was 101.2, weight 295
`pounds, BMI 43.5 and oxygen sats.of 98%. He tested positive for Covid-19, negative for
`streptococéus and negative for influenza. His discharge instructions included plenty of
`
`fluids, plenty of rest with instructions that if condition worsened to seek evaluation at the
`
`emergency department or his primary care physician. 7
`On December 27, 2021, he had a tele visit with his primary care physician, Shaun
`
`Najarian, DO. The chief complaint included sore throat and white tongue for a few days.
`
`_ His problem list included obesity and asthma. According to the history, he reported that the
`
`° ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER © 555 LONG WEARF DRIVE, 13th Moor
`* NEW HAVEN, CT 06511
`FAX (208) 865-5345 ©
`(203) 865-8430 © JURIS NO. 106077
`
`
`
`
`
`
`
`
`
`onset of his sore throat was on December 20, 2021, that he tested positive for Covid-19 on
`
`December 23, 2021, and that his nasal congestion , cough and fever started on December 23,
`
`_ 2021. He reported that his fever resolved with Tylenol and ibuprofen taken pm. He denied
`shortness ofbreath or chest pain. He reported no muscle aches or weakness and although the
`physical exam was limited, he appeared in no distress,alert and oriented x 3. The assessment
`and plan included’acute pharyngitis and he was’prescribed Augmentin. ForCovid-19, it was
`recommended that he receive theCovid vaccine but to wait until he completed quarantine
`and was feelingbetter. For his intermittent asthma; which was reported as not an issue,he
`was prescribed Albuterol and nebulizer as needed. |
`|
`On December 29, 2021, he presented to Griffin Hospital emergency department with
`chief complaint of persistent fever on and off for a week. He wasCovid positive and
`unvaccinated,
`| He denied chest pain, shortness of breath, ‘cough, congestion, nausea,.
`vomiting, diarrhea, abdominal pain, dizziness and/orvision changes. His vital signs included
`a temperature of 103.1, pulse rate of 127, respiratory rate of 18, blood pressure of 106/63,
`pulse ox of 96. An EKG revealed sinus tachycardia. A chest x-ray was ordered for shortness
`“of: breath: Which trevealed amiltifocal nodular/patchy ‘densities throughout
`the lungs
`representing Covid pneumonia, Repeat radiographs after treatment was recommended. He
`
`described feeling fatigued and he was tachy to 117 at rest. He was given IL of lactated
`
`ringers and IV Tylenol.
`
`At approximately 11:50 p.m. he was discharged. Based upon his vital signs taken at
`
`discharge he remained tachycardic with a pulse rate of 114. He was discharged with
`
`instructions to take Tylenol for fever and body aches and to rest and to stay well hydrated.
`
`© ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C,
`LONG WHARF MARITIME GENTER @ 555 LONG WHARF DRIVE, 13th Floor * New Haven, CT 06511
`FAX (203) 865-5345 ©
`(203) 865-8430 ° JURIS NO. 106077
`
`
`
`
`
`
`
`He was directed to return to the emergency department for further evaluation if symptoms
`worsened.
`|
`On January 2, 2022, ‘Justin returned to the emergency department of Griffin Hospital
`with complaints ofshortness ofbreath especially on exertion and he was found to be hypoxic
`up to 85-87% at rest on room air. He was admitted and it was determinedthat he.wasout of
`the window for treatment with Remdesivir. Despite efforts, his respiratory status continued -
`to decline and Justin died onJanuary 13, 2022.
`|
`It is my opinionthat there appears to be evidence ofmedical negligence on thepart of
`Shaun Najarian, M.D. The basis for this opinion includes the failure to recognize the ©
`significance of plaintiffs risk factors. under
`the. circumstances;
`the failure to make :
`arrangements for appropriate follow-up care;
`the failure to send the plaintiff to the
`emergency department for timely treatment and evaluation; the failure to prescribe ‘the
`appropriate medications; the failure to prescribe Paxlovid; the failure to prescribe and/or
`make arrangements for treatment with Remdesivir; the failure to timely and effectively
`address his signs, symptoms and Covid diagnosis; and the failure to use safe and effective
`medical practices and.proceditres.
`|
`
`The opinion stated herein is based upon the information available to me at this
`
`Should other information andevidence become available, I reserve the right to
`time.
`supplement and or amendthis opinion.
`
`* ATTORNEYS AT LAW
`Kennedy, Johnson, Schwab & Roberge L.L.C.
`LONG WHARF MARITIME CENTER © 555 LONG WHARF DRIVE, [81h Floor
`9 NEW HAVEN, CT 06511
`FAX (203) 868-5348 ©
`(203) 865-8430 © JURIS NO. 106077
`
` | |1
`
`
`
`RETURN DATE
`
`LISA M. CASTLE, ADMINISTRATOR
`OF THE ESTATE OF JUSTIN D. CASTLE
`
`VS.
`
`- GRIFFIN HOSPITAL;
`MATTHEW PRICE, M.D.; ET AL
`
`:
`
`:
`
`:
`
`SUPERIOR COURT
`
`J.D. OF FAIRFIELD
`
`AT BRIDGEPORT
`
`PHYSICIAN’S OPINION
`PURSUANTTO C.G.S. SECTION 52-190a
`
`[NOT SUBJECT TO GENERAL DISCLOSURE]
`
`I am board certified in emergency medicine and I am familiar with the standard of
`
`care as it relates to the practice of emergency medicine in the year 2021 and forward in the
`
`United States,
`
`[have reviewed the medical records of Griffin Hospital, Shaun Najarian, M.D. and
`
`AFC Urgent Care regarding Justin Castle. Based upon my review, Justin Castle a 21-year-
`old male presented to AFC Urgent Care Center on December 23, 2021. His complaints
`
`included chills, fever, sore throat and stuffy nose. His temperature was 101.2, weight 295
`
`pounds, BMI43.5 and oxygen saturations of 98%. He tested positive for Covid-19, negative
`for streptococcus and negative for influenza. His discharge instructions included plenty of
`
`fluids, plenty of rest with instructions that if condition worsened to seek evaluation at the
`
`emergency department or his primary care physician.
`
`On December 27, 2021, he had a tele visit with his primary care physician, Shaun
`
`Najarian, DO. The chief complaint was sore throat and white tonguefor a few days. His
`
`problem list included obesity and asthma. According to the history, he reported that the
`
`
`
`onset of his sore throat was on December 20, 2021, that he tested positive for Covid-19 on
`December 23, 2021 and that his nasal congestion , cough and fever started on December23,
`2021. He reported that his fever resolved with Tylenol and ibuprofen taken prn. He denied
`shortness ofbreath or chest pain. He reported no muscle aches or weakness and although the
`physical exam waslimited, he sounded in nodistress, alert and oriented x 3. The assessment
`andplan included (1) acute pharyngitis for which he was prescribed Augmentin; (2) Covid-
`19.The covid vaccine was recommended but to wait until complete quarantine and feeling
`
`better. For his intermittent asthma, which was reported as not an issue, Albuterol and
`
`~ nebulizer as needed.
`‘On December 29, 2021 at approximately 6:14 p.m., he presented to Griffin Hospital
`emergency departmentwith chiefcomplaint ofpersistentfever on and offfor aweek. Covid
`positive as ofDecember 23, 2021, and unvaccinated. He denied chest pain, shortness of
`breath, cough,congestion, nausea, vomiting, diarrhea, abdominal pain, dizziness and/or
`visionchanges. His vital sign
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