Case 2:22-cv-02298-JXN-AME Document 1-1 Filed 04/20/22 Page 1 of 11 PageID: 23
`Case 2:22-cv-02298-JXN-AME Document 1-1 Filed 04/20/22 Page 1 of 11 PagelD: 23
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`EXHIBIT A
`EXHIBIT A
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`Case 2:22-cv-02298-JXN-AME Document 1-1 Filed 04/20/22 Page 2 of 11 PageID: 24
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`MATSIKOUDIS & FANCIULLO, LLC
`William C. Matsikoudis, Esq. – Atty. No. 022391997
`Derek S. Fanciullo, Esq. – Atty. No. 044682011
`Caleb J. Thomas, Esq. – Atty. No. 314122019
`128 Monticello Ave., STR 1
`Jersey City, NJ 07304
`(p) 201-915-0407
`(f) 201-536-2026
`Attorneys for Plaintiff The Estate of Cheryl Roberts
`
`
`DARYL ROBERTS, INDIVIDUALLY AND
`AS ADMINISTRATOR AD
`PROSEQUENDUM FOR THE ESTATE OF
`CHERYL ROBERTS,
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` Plaintiff,
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`v.
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`ALARIS HEALTH, LLC, ALARIS
`HEALTH at HAMILTON PARK, AND
`JOHN DOES 1-10,
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` Defendant.
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`SUPERIOR COURT OF NEW JERSEY
`LAW DIVISION, HUDSON COUNTY
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`DOCKET NO. HUD-L-
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`CIVIL ACTION
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`COMPLAINT, JURY DEMAND AND
`DESIGNATION OF TRIAL COUNSEL
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`Plaintiff, Daryl Roberts (“Daryl” or “Plaintiff”), as Administrator Ad Prosequendum of
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`the Estate of Cheryl Roberts (“The Estate” or “Cheryl”), Deceased, and Daryl individually, by
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`and through his undersigned attorneys, hereby complains and alleges as follows:
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`PARTIES AND JURISDICTION
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`1. Cheryl was a natural person, and, at all relevant times, a resident and citizen of the State of
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`New Jersey and she resided at Defendant Alaris Health at Hamilton Park, as further defined
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`below.
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`2. Daryl is a New Jersey resident who presently resides at 55 Storms Ave., Jersey City, NJ 07306.
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`1
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 1 of 8 Trans ID: LCV20221122402
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`3. Daryl was named Administrator Ad Prosequendum of the Estate of his late mother by the
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`Hudson County Surrogate Court. Please see Exhibit A attached.
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`4. During all relevant times mentioned herein, Defendant Alaris Health at Hamilton Park
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`(hereinafter “AHP”) was a licensed nursing home and long-term care facility located at 525
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`Monmouth Street, Jersey City, NJ 07302.
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`5. Defendant AHP is a “Member Health Center” of Alaris Health LLC (together, “Alaris”), a
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`business entity organized and operating under the laws of the State of New Jersey, and, on
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`information and belief, which has its headquarters at 35 Journal Square, Suite 1103, City of
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`Jersey City, County of Hudson, State of New Jersey. Upon information and belief, all
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`individual members of Alaris are residents of Hudson County and the State of New Jersey.
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`6. As Plaintiff is a resident of and works in Hudson County, New Jersey; as Defendants are
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`located in, reside in, or operate out of Hudson County, New Jersey; as the various incidents
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`and harms to Plaintiff, as detailed herein, occurred in Hudson County, New Jersey; and as
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`Plaintiff’s Complaint sounds in New Jersey State law, this Court is the proper forum for trial
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`in this action.
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`ALLEGATIONS COMMON TO ALL COUNTS
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`7. Plaintiff repeats and realleges the allegations of the preceding paragraphs as if they were set
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`forth fully herein.
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`8. Cheryl was a Certified Nursing Assistant since approximately the early 1990s at Hamilton
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`Park Healthcare Center, which was later purchased by Alaris and became AHP.
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`9. Cheryl worked full-time as a CNA at AHP.
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`2
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 2 of 8 Trans ID: LCV20221122402
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`10. As a consequence of COVID-19, Alaris began restricting visitation to its Hamilton Park facility
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`on or about March 12, 2020, pursuant to guidance issued by the Centers for Medicare and
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`Medicaid Services.
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`11. Over the next weeks, a growing number of patients and staff began exhibiting signs of COVID-
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`19, including coughing, fevers, and diarrhea.
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`12. Alaris management consistently told staff including Cheryl that COVID-19 was not present
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`at Alaris and that these symptoms were due to pneumonia and/or seasonal flu.
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`13. A number of Alaris staff members complained that AHP lacked PPE.
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`14. Despite this, Alaris did not provide staff with sufficient PPE such as masks, gowns, and
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`eyewear, and even discouraged or prohibited the use of masks until late March.
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`15. In fact, Alaris intentionally misrepresented the risk of COVID-19 infection to staff and family-
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`members of patients.
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`16. Alaris intentionally concealed from staff, patients, and patients’ families that staff and patients
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`at AHP had and continued to test positive for and display symptoms of COVID-19.
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`17. March 28, 2020, Cheryl began feeling ill with symptoms of COVID-19 after working the
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`previous evening at AHP.
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`18. On March 29, 2020, Cheryl went for testing at Journal Square Urgent Care at 32 JSQ Plaza,
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`Jersey City, NJ 07304.
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`19. On March 30, 2020, Cheryl received a positive result for her COVID-19 test.
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`20. Cheryl’s symptoms worsened and she struggled to breathe.
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`21. On March 31, 2020, she was admitted to Jersey City Medical Center.
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`22. Cheryl was placed on a respirator and then a ventilator.
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`23. On April 5, 2020, Cheryl died due to COVID-19 at the age of 53.
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`3
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 3 of 8 Trans ID: LCV20221122402
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`24. Throughout March of 2020, Cheryl exposed herself to minimal risk of COVID-19 infection
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`outside her workplace.
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`FIRST COUNT – INTENTIONAL TORT
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`25. Plaintiff repeats and realleges the allegations of the preceding paragraphs as if they were set
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`forth fully herein.
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`26. By and through the aforementioned actions, including, but not limited to deliberately
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`ignoring safety concerns raised by staff, refusing to provide PPE to staff and discouraging the
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`use of PPE by staff, and hiding the fact that staff and patients had tested positive for and/or
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`displayed symptoms of COVID-19, Defendant Alaris breached its common law duty not to
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`intentionally subject employees to substantially certain harm.
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`27. In Cheryl’s cases, the risk presented by Alaris’s aforementioned breach manifested by
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`causing her death due to COVID-19.
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`WHEREFORE Plaintiff, The Estate of Cheryl Roberts, by and through the Administrator Ad
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`Prosequendum for the Estate, Daryl Roberts, and Daryl Roberts, individually, demands judgment
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`against the Defendants, Alaris Health at Hamilton Park, Alaris Health, LLC, and John Does 1-
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`10 (these names being fictitious as their true identities are presently unknown), jointly, severally,
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`and in the alternative, for compensatory damages, punitive damages, interest, costs of suit,
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`attorneys' fees, and such other relief as the court deems appropriate pursuant to the New Jersey
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`common law, the Survivor’s Act, N.J.S.A. 2A:15-3, the Wrongful Death Act, N.J.S.A. 2A:31-1
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`to -6., and the Punitive Damages Act, N.J.S.A. 2A:15-5.9 et seq.
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`Respectfully submitted,
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`4
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 4 of 8 Trans ID: LCV20221122402
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`Matsikoudis & Fanciullo, LLC
`Attorneys for Plaintiff Estate of Cheryl
`Roberts
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`Dated: March 15, 2022
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`Plaintiff demands a trial by jury as to all issues.
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`JURY DEMAND
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`Matsikoudis & Fanciullo, LLC
`Attorneys for Plaintiff Estate of Cheryl
`Roberts
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`_________________________
`William C. Matsikoudis
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`Dated: March 15, 2022
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`DESIGNATION OF TRIAL COUNSEL
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`Please take notice that pursuant to Rule 4:25-4, William C. Matsikoudis, Esq. and Derek
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`S. Fanciullo, Esq. are hereby designated as trial counsel for Plaintiff for the within matter.
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`Matsikoudis & Fanciullo, LLC
`Attorneys for Plaintiff Estate of Cheryl
`Roberts
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`_________________________
`William C. Matsikoudis
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`5
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 5 of 8 Trans ID: LCV20221122402
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`Dated: March 15, 2022
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`CERTIFICATION PURSUANT TO RULE 4:5-1
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`The undersigned, William C. Matsikoudis, certifies on behalf of the Plaintiff as follows:
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`1.
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`I am an attorney admitted to practice law in the State of New Jersey, counsel for the
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`above-named Plaintiff in the subject action.
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`2. The matter in controversy in this case is not, to my knowledge, the subject of any other
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`action pending in any court or pending arbitration proceeding, nor is any other action or
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`arbitration proceeding contemplated.
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`3. There are no other parties who should be joined in this action that we are aware of at the
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`present time.
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`I hereby certify that the foregoing statements made by me are true. I am aware that if any
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`of the foregoing statements made by me are willfully false, I am subject to punishment.
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`Matsikoudis & Fanciullo, LLC
`Attorneys for Plaintiff Estate of Cheryl
`Roberts
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`_________________________
`William C. Matsikoudis
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`Dated: March 15, 2022
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`6
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 6 of 8 Trans ID: LCV20221122402
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`EXHIBIT A
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 7 of 8 Trans ID: LCV20221122402
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 8 of 8 Trans ID: LCV20221122402
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`Civil Case Information Statement
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`Case Details: HUDSON | Civil Part Docket# L-000930-22
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`Case Caption: ROBERTS DARYL VS ALARIS HEALTH AT
`HAM ILTON PAR
`Case Initiation Date: 03/17/2022
`Attorney Name: CALEB J THOMAS
`Firm Name: MATSIKOUDIS & FANCIULLO, LLC
`Address: 128 MONTICELLO AVE STR 1
`JERSEY CITY NJ 07304
`Phone: 2019150407
`Name of Party: PLAINTIFF : Roberts, Daryl
`Name of Defendant’s Primary Insurance Company
`(if known): Unknown
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`Case Type: TORT-OTHER
`Document Type: Complaint with Jury Demand
`Jury Demand: YES - 6 JURORS
`Is this a professional malpractice case? NO
`Related cases pending: NO
`If yes, list docket numbers:
`Do you anticipate adding any parties (arising out of same
`transaction or occurrence)? NO
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`Are sexual abuse claims alleged by: Daryl Roberts? NO
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`Are sexual abuse claims alleged by: Daryl Roberts? NO
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`THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
`CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
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`Do parties have a current, past, or recurrent relationship? YES
`If yes, is that relationship: Other(explain) Decedent was employee of Defendant(s) Alaris
`Does the statute governing this case provide for payment of fees by the losing party? NO
`Use this space to alert the court to any special case characteristics that may warrant individual
`management or accelerated disposition:
`This is an intentional tort matter in an employment context brought by the decedent-employee's
`son/administrator ad prosequendum
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`Do you or your client need any disability accommodations? NO
`If yes, please identify the requested accommodation:
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`Will an interpreter be needed? NO
`If yes, for what language:
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`Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
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`I certify that confidential personal identifiers have been redacted from documents now submitted to the
`court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
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`03/17/2022
`Dated
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`/s/ CALEB J THOMAS
`Signed
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 1 of 2 Trans ID: LCV20221122402
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`HUD-L-000930-22 03/17/2022 1:38:02 PM Pg 2 of 2 Trans ID: LCV20221122402
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