Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 1 of 8
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF MISSISSIPPI
`NORTHERN DIVISION
`
`
`
`PHYLLIS SICARD, INDIVIDUALLY, AND
`ON BEHALF OF THE WRONGFUL DEATH
`BENEFICIARIES OF MARY KAY THOMPSON
`
`
`VS.
`
`
`SELECT SPECIALTY HOSPITAL-
`JACKSON, INC.; and JOHN DOES 1-10
`
`
`
`
`
`PLAINTIFF
`
`
`
`CIVIL ACTION NO._________________
`3:21-cv-464-KHJ-FKB
`
` DEFENDANTS
`
`
`
`
`COMPLAINT
`
`JURY TRIAL REQUESTED
`
`COMES NOW, Plaintiff, Phyllis Sicard, Individually, and on Behalf of the Wrongful
`
`Death Beneficiaries of Mary Kay Thompson, and files this civil action against the above-named
`
`Defendants, and in support thereof, Plaintiff would state as follows:
`
`PARTIES
`
` 1. Plaintiff, Phyllis Sicard (hereinafter “Plaintiff”) is an adult resident citizen of St.
`
`Landry Parish, Louisiana, residing at 9745 Hwy 105, Melville, LA 71353. She is the natural
`
`daughter of Mary Kay Thompson, Deceased.
`
`
`
`2.
`
`Defendant, Select Specialty Hospital-Jackson, Inc. (hereinafter “Defendant” or
`
`“Select”) is and was at all times relevant hereto a profit corporation licensed by the state of
`
`Mississippi. Per the Mississippi Secretary of State, its’ members are David S. Chernow, Scott A.
`
`Romberger, Michael E. Tarvin, and John F. Duggan, all residents of Mechanicsburg, Pennsylvania.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF MISSISSIPPI
`NORTHERN DIVISION
`
`
`
`PHYLLIS SICARD, INDIVIDUALLY, AND
`ON BEHALF OF THE WRONGFUL DEATH
`BENEFICIARIES OF MARY KAY THOMPSON
`
`
`VS.
`
`
`SELECT SPECIALTY HOSPITAL-
`JACKSON, INC.; and JOHN DOES 1-10
`
`
`
`
`
`PLAINTIFF
`
`
`
`CIVIL ACTION NO._________________
`3:21-cv-464-KHJ-FKB
`
` DEFENDANTS
`
`
`
`
`COMPLAINT
`
`JURY TRIAL REQUESTED
`
`COMES NOW, Plaintiff, Phyllis Sicard, Individually, and on Behalf of the Wrongful
`
`Death Beneficiaries of Mary Kay Thompson, and files this civil action against the above-named
`
`Defendants, and in support thereof, Plaintiff would state as follows:
`
`PARTIES
`
` 1. Plaintiff, Phyllis Sicard (hereinafter “Plaintiff”) is an adult resident citizen of St.
`
`Landry Parish, Louisiana, residing at 9745 Hwy 105, Melville, LA 71353. She is the natural
`
`daughter of Mary Kay Thompson, Deceased.
`
`
`
`2.
`
`Defendant, Select Specialty Hospital-Jackson, Inc. (hereinafter “Defendant” or
`
`“Select”) is and was at all times relevant hereto a profit corporation licensed by the state of
`
`Mississippi. Per the Mississippi Secretary of State, its’ members are David S. Chernow, Scott A.
`
`Romberger, Michael E. Tarvin, and John F. Duggan, all residents of Mechanicsburg, Pennsylvania.
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 2 of 8
`
`
`
`Defendant Select may be served with process of the Summons and Complaint through its
`
`registered agent, CT Corporation System, located at 645 Lakeland East Dr, Ste 101, Flowood,
`
`Mississippi 39232.
`
`
`
`
`
`3.
`
`Defendant John Does 1-10 are unknown individuals and/or entities that may be
`
`liable to Plaintiff for the damages alleged herein. The names and capacities of Defendants John
`
`Does 1-10 inclusive, whether individual, corporation or otherwise, are presently unknown to
`
`Plaintiff, who therefore sues said Defendants by fictitious names and will further seek leave of
`
`court to amend this Complaint to show their true names and capacities when and if the same are
`
`ascertained. Plaintiff alleges upon information and belief that each of the Defendants designated
`
`herein as a John Doe may be responsible in some manner and liable herein to Plaintiff by reason
`
`of negligence, gross negligence, wanton and reckless conduct, and/or in some other manner, and
`
`by such wrongful conduct, said Defendants John Does 1-10, proximately caused or contributed to
`
`the injury and damage to Mary Kay Thompson as set forth herein.
`
`JURISDICTION AND VENUE
`
`
`
`4.
`
`Jurisdiction and venue are vested in this Court pursuant to 28 U.S.C. § 1332, as
`
`there is diversity of citizenship between Plaintiff, a Louisiana resident and Defendant.
`
`Furthermore, the total amount in controversy exceeds $75,000.00.
`
`
`
`
`
`STATUTORY COMPLIANCE
`
`5.
`
`Proper written notice of intention to file this action has been provided to Defendant,
`
`via certified mail return receipt requested, pursuant to the Miss. Code Ann. §15-1-36 (15). See
`
`Plaintiff’s Notice of Intention to Sue and Certified Mail Receipts, attached hereto as Exhibit “A.”
`
`
`
`
`
`2
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 3 of 8
`
`
`
`
`
`6.
`
`Further attached hereto is a Certificate of Consultation pursuant to the requirements
`
`of Miss. Code Ann. §11-1-58(1)(a).
`
`
`
`
`
`7.
`
`On May 11, 2019, Ms. Mary Kay Thompson (“Ms. Thompson”) was transported
`
`FACTS
`
`from Neshoba County General Hospital to St. Dominic Jackson Memorial Hospital (“St.
`
`Dominic”) located in Jackson, Mississippi, for complaints of bilateral lower extremity weakness
`
`and bilateral hand numbness/tingling.
`
`
`
`8.
`
`Ms. Thompson was admitted to the facility for further work-up, and physicians
`
`ultimately determined Ms. Thompson’s presentation was consistent with Guillain Barre. She was
`
`intubated, and a tracheostomy was subsequently placed on May 21st. A PEG tube was also placed
`
`on May 23rd to address her ongoing nutritional needs.
`
`
`
`9.
`
`On June 6, 2019, Ms. Thompson was transferred to Select Specialty Hospital –
`
`Jackson (“Select”) for additional medical management, specifically to be weaned from the
`
`ventilator. During her admission to Select, she developed pressure sores, which continued to
`
`worsen during the course of her treatment.
`
`
`
`10. Ms. Thompson’s condition further deteriorated until August 22nd when she was
`
`transferred back to St. Dominic for surgical intervention to her wounds (i.e., incision and drainage
`
`by general surgery).
`
`
`
`11.
`
`Upon re-admission to St. Dominic, it was discovered that Ms. Thompson had lower
`
`extremity wounds with cellulitis and a suspected abscess to the right thigh. The infection in her
`
`sacral decubitus tracked to her right hip. Sputum cultures were also taken, which were positive
`
`for Pseudomonas, E.coli, and Klebsiella pneumoniae.
`
`
`
`3
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 4 of 8
`
`
`
`
`
`12. Ms. Thompson remained hospitalized at St. Dominic until her death on September
`
`11, 2019. The death certificate attributes her death to septic shock secondary to abdominal and
`
`groin abscess. See Mary Kay Thompson’s Death Certificate attached hereto as Exhibit “B.”
`
`
`
`13.
`
`At all times material herein, Defendant Select was a medical treatment facility
`
`engaged in the business of providing medical care and treatment by and through its approved
`
`medical staff, agents, servants, and/or employees. At all times material herein, specifically on
`
`June 6 – August 22, 2019, the medical and nursing staff that provided care and treatment to Mary
`
`Kay Thompson were agents, servants, or employees of Defendant Select and were acting in the
`
`course and scope of that employment and/or agency relationship.
`
`CAUSES OF ACTION
`
`
`
`
`
`14.
`
`15.
`
`Plaintiff reasserts all previous statements as if fully stated herein.
`
`At all times relevant to this cause of action, Defendant owed Mary Kay Thompson
`
`a duty to provide accurate and timely medical diagnoses and treatment based on all known or
`
`knowable circumstances. Defendant further owed to Mary Kay Thompson a duty to exercise that
`
`degree of medical care of a reasonably prudent person, as well as that degree of skill, care, and
`
`competence normally exercised by minimally competent, reasonably prudent healthcare providers
`
`under the same or similar circumstances. Defendant failed to exercise the requisite degree of care,
`
`were negligent, and breached said duties owed to Mary Kay Thompson. As a direct result of the
`
`negligence of Defendant, Mary Kay Thompson suffered an untimely and painful death on
`
`September 11, 2019.
`
`
`
`16.
`
`Plaintiff alleges that at all times material herein, Defendant Select, by and through
`
`its medical staff, nursing staff, employees and/or agents, had a non-delegable duty to Mary Kay
`
`
`
`4
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 5 of 8
`
`
`
`Thompson to:
`
`
`
`
`
`
`
`
`
`
`
`
`
`a.
`
`Provide health care services consistent with national and state standards through its
`
`employed and/or approved medical staff, nurses, and all other medical personnel;
`
`b.
`
`Hire, train and staff physicians, nurses, and other medical personnel who provide
`
`
`
`
`
` health care services consistent with the nationally recognized minimum standards
`
`of competency;
`
`c.
`
`Maintain, implement and enforce adequate standards, policies, and procedures for
`
`credentialing physicians, nurses, and other medical personnel to provide competent
`
`medical care and for the provision of care by its properly credentialed physicians
`
`and medical personnel to properly diagnose and treat conditions such as those
`
`presented by Mary Kay Thompson from June 6 – August 22, 2019; and
`
`d.
`
`Maintain, implement and enforce adequate standards, policies, and procedures to
`
`ensure proper physician and nurse oversight and safeguards to protect patient health
`
`and welfare.
`
`17.
`
`Defendant Select, as well as its employees and/or agents, breached each of the
`
`duties set out above, which were owed to Mary Kay Thompson.
`
`
`
`18.
`
`Defendant Select is legally responsible for the tortious conduct of each of its’
`
`employees and/or agents, under the legal doctrines of respondeat superior and ostensible agency.
`
`
`
`19.
`
`Additionally, Plaintiff asserts that the actions and/or inactions of Defendant
`
`evidence such reckless conduct as to be deemed gross negligence under the applicable laws of the
`
`state of Mississippi.
`
`20.
`
`The negligence, gross negligence, and/or reckless conduct of Defendant in failing
`
`5
`
`
`
`
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 6 of 8
`
`
`
`to adhere to the minimum standards of care as set out above is the direct and proximate cause of
`
`the injuries to Mary Kay Thompson, her resulting death, and all damages allowed by law which
`
`resulted therefrom.
`
`DAMAGES
`
`
`
`21.
`
`As a direct and proximate result of Defendant’s negligence, Mary Kay Thompson
`
`suffered serious injuries, which resulted in her death. Plaintiff, Phyllis Sicard, individually and on
`
`behalf of the wrongful death beneficiaries of Mary Kay Thompson, is entitled to recover all
`
`damages incurred by her, including medical expenses, loss of consortium, pain and suffering,
`
`emotional distress, and the loss of love and companionship of her mother, Mary Kay Thompson.
`
`The wrongful death beneficiaries of Mary Kay Thompson, upon judicial determination, are entitled
`
`to recover pain and suffering, emotional distress, medical expenses and for their loss of love and
`
`companionship of Mary Kay Thompson. Further, Plaintiff Phyllis Sicard, and the wrongful death
`
`beneficiaries of Mary Kay Thompson, are entitled to recover any other element of damages
`
`allowed to be recovered by Plaintiff Phyllis Sicard, individually, and/or by her wrongful death
`
`beneficiaries under the applicable laws of the state of Mississippi, including but not limited to
`
`Miss. Code Ann. § 11-7-13 (1972)(as amended).
`
`
`
`WHEREFORE, PREMISES CONSIDERED, Plaintiff demands an award of compensatory
`
`damages in an amount within the jurisdictional limits of this Court, as well as punitive damages,
`
`court costs, post judgment interest, and such other relief as they may be deemed to be entitled in
`
`the premises.
`
`
`
`
`
`
`
`6
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 7 of 8
`
`
`
`
`
`
`
`
`
`
`
`This, the 13th day of July, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`PHYLLIS SICARD, INDIVIDUALLY,
`AND ON BEHALF OF THE
`WRONGFUL DEATH BENEFICIARIES
`OF MARY KAY THOMPSON
`
`
`
`By Her Attorneys,
`
`SIMMONS DALLAS, PLLC
`
`By: /s/ A. Bryan Smith III
` A. Bryan Smith III
` MB No. 100008
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`A. Bryan Smith III, MB No. 100008
`Heber S. Simmons III, MB No. 8523
`Jessica L. Dilmore, MB No. 105266
`SIMMONS DALLAS, PLLC
`240 Trace Colony Park Dr.
`Suite 200
`Ridgeland, MS 39157
`Telephone: (601) 933-2040
`Facsimile: (601) 933-2050
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`7
`
`
`
`Case 3:21-cv-00464-KHJ-FKB Document 1 Filed 07/13/21 Page 8 of 8
`
`CERTIFICATE
`
`I hereby certify that I have consulted with a physician expert who is qualified to give
`
`
`
`
`
`
`
`
`
`
`
`expert testimony as to the standard of care and is knowledgeable of the relevant issues involved
`
`in this cause of action, and that as a result of said review and consultation, I have concluded that
`
`there is a reasonable basis for the commencement of this action.
`
`This, the 13th day of July, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ A. Bryan Smith III
`A. Bryan Smith III
`MB No. 100008
`
`
`
`
`
`
`
`8
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
