STATE OF ILLINOIS COUNTY OF OGLE

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IN THE CIRCUIT COURT OF FIFTEENTH JUDICIAL CIRCUIT OGLE COUNTY, ILLINOIS RHONDA SULLIVAN, Individually, and as Mother and Next Friend of BEAU SULLIVAN, and JASON SULLIVAN, Plaintiffs vs. NANCY S. WILLIAMS and ROCHELLE COMMUNITY HOSPITAL, a corporation, Defendants. ) ) ) ) ) ) ) ) ) )

No.

COMPLAINT AT LAW NOW COME plaintiffs, RHONDA SULLIVAN, Individually, and as Mother and Next Friend of BEAU SULLIVAN, and JASON SULLIVAN, his father, by and through their attorneys, the Law Office of KENNETH C. CHESSICK, M.D., and complaining of the defendants, NANCY S. WILLIAMS (hereinafter referred to as "WILLIAMS"), and ROCHELLE COMMUNITY HOSPITAL, (hereinafter referred to as "ROCHELLE") and allege and state as follows: COUNT I MEDICAL NEGLIGENCE: NANCY S. WILLIAMS 1. On or about October 30, 1994, and thereafter, defendant WILLIAMS was a medical doctor licensed to practice medicine in all of its branches, and held herself out to the general public as a physician, properly skilled in the care and treatment of persons in the condition of plaintiff RHONDA SULLIVAN and the minor child, BEAU SULLIVAN, with offices in the City of Rochelle, County of Ogle, and State of Illinois. 2. Defendant WILLIAMS treated Plaintiff RHONDA SULLIVAN on or about October 30, 1994, and prior to and thereafter, for her medical condition, to-wit, her pregnancy and labor. 3. It then and there became the duty of defendant WILLIAMS to act like a reasonably well qualified doctor would act under the same or similar conditions in rendering reasonable care and treatment to plaintiff RHONDA SULLIVAN and her unborn child, BEAU SULLIVAN.

4. On and prior to October 27, 1994, while under the care and treatment of defendant WILLIAMS, plaintiff RHONDA SULLIVAN developed signs and symptoms of premature labor, including cramping and vaginal bleeding. 5. On and prior to October 27, 1994, defendant WILLIAMS failed to recognize the signs and symptoms of premature labor, including cramping and vaginal bleeding. 6. On and prior to October 27, 1994, defendant WILLIAMS negligently breached her aforesaid duty through one or more of the following acts and/or omissions: (a) failed to recognize signs and symptoms of premature labor, including cramping and vaginal bleeding; and\or, failed to perform a vaginal examination; and\or, failed to reasonably monitor the medical condition of the plaintiff; and\or, failed to reasonably and in a timely fashion attempt to stop the premature labor; and\or, failed to transfer the plaintiff to a high risk neonatal center in a timely fashion.

(b) (c) (d)

(e)

7. The care and treatment rendered to the plaintiff RHONDA SULLIVAN did not meet the standard of care which could reasonably have been expected for a patient such as RHONDA SULLIVAN. 8. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of defendant WILLIAMS, plaintiffs RHONDA SULLIVAN and BEAU SULLIVAN suffered severe complications of premature birth, including mental retardation, hypotonic quadriplegia, learning disabilities, sensory, and cognitive disabilities, impaired skills of daily living, pain and suffering, past and future medical expenses, disfigurement, need for necessary help, and inability to live a normal life in the past and in the future. 9. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of the defendant, plaintiff BEAU SULLIVAN is and has been since birth severely mentally retarded, unable to speak or otherwise communicate, unable to control his voluntary muscles, unable to control his bodily functions, and is unable to feed or care for himself. 10. Plaintiff BEAU SULLIVAN is entirely without understanding or capacity to make or communicate decisions regarding his person and totally unable to manage his estate or financial affairs, is unable to handle the ordinary affairs of life, and is permanently and totally legally disabled from October 30, 1994 until the present time. WHEREFORE, plaintiff RHONDA SULLIVAN PRAYS judgment against defendant NANCY S. WILLIAMS in an amount in excess of THIRTY THOUSAND DOLLARS ($30,000.00), the minimal jurisdictional amount of this Court, plus the costs of this lawsuit. 2

COUNT II FAMILY EXPENSE CLAIM AGAINST WILLIAMS 1. - 10. Plaintiffs RHONDA SULLIVAN and JASON SULLIVAN reallege, restate and incorporate by reference Paragraphs 1 through 10 inclusive of Count I of this Complaint as Paragraphs 1 through 9 inclusive of this Count II of the Complaint as though fully set forth herein. 11. Plaintiff RHONDA SULLIVAN and JASON SULLIVAN as father and mother of BEAU SULLIVAN bring this action to recover damages resulting from injuries to the person and property of the BEAU SULLIVAN pursuant to common law and pursuant to the Family Expense Act, Ill.Rev.Stat., ch.40, sec 1015. 12. As a direct and proximate result of the negligent aforesaid acts or omissions of defendant WILLIAMS, plaintiffs RHONDA SULLIVAN and JASON SULLIVAN have incurred in the past and will incur in the future significant medical, hospital, and educational expenses relating to their minor son, BEAU SULLIVAN. WHEREFORE, plaintiffs RHONDA SULLIVAN and JASON SULLIVAN sue defendant NANCY S. WILLIAMS and PRAY judgment in such amount in excess of THIRTY THOUSAND DOLLARS ($30,000.00) which shall adequately compensate the plaintiff for the losses and damages sustained, plus the costs of this law suit.

COUNT III MEDICAL NEGLIGENCE: ROCHELLE COMMUNITY HOSPITAL 1. On or about October 29, 1994, and thereafter, defendant ROCHELLE was a full service hospital licensed by the State of Illinois, and held itself out to the general public as a hospital, properly skilled in the care and treatment of persons in the condition of plaintiff RHONDA SULLIVAN and her unborn child, BEAU SULLIVAN, located in the City of Rochelle, County of Ogle, and State of Illinois. 2. Plaintiff RHONDA SULLIVAN presented to defendant ROCHELLE on or about October 29, 1994, and thereafter, for treatment of her medical condition, to-wit, her pregnancy and labor. 3. On or about October 29, 1994, and thereafter, doctors, nurses, technicians, staff, and aides were employees, servants and/or agents of defendant ROCHELLE's or were held out to the public as apparent employees, servants and/or agents of ROCHELLE's and were under the direction, supervision and/or control of defendant ROCHELLE. 4. It then and there became the duty of defendant ROCHELLE, to employ doctors, nurses, technician, and medical personnel who would act as reasonably well qualified personnel would act in the same or similar circumstances in rendering care and treatment to plaintiff RHONDA SULLIVAN and her unborn child, BEAU SULLIVAN. 3

5. On and prior to October 30, 1994, while under the care and treatment of defendant WILLIAMS, plaintiff RHONDA SULLIVAN developed signs and symptoms of premature labor, including cramping and vaginal bleeding. 6. On October 27, 1994 and thereafter, defendant ROCHELLE, acting through its agents, employees and servants, failed to recognize the signs and symptoms of premature labor, including cramping and vaginal bleeding. 7. On October 27, 1994, and thereafter, defendant ROCHELLE, through its employees, agents, and servants, negligently breached her aforesaid duty through one or more of the following acts and/or omissions: (a) failed to recognize signs and symptoms of premature labor, including cramping and vaginal bleeding; and\or, failed to perform a vaginal examination; and\or, failed to reasonably monitor the medical condition of the plaintiff; and\or, failed to reasonably and in a timely fashion attempt to stop the premature labor; and\or, failed to transfer the plaintiff to a high risk neonatal center in a timely fashion; and\or, failed to report signs of cervical dilation with membranes prolapsed into the vagina; and\or, failed to report signs of premature labor.

(b) (c) (d)

(e)

(f)

(g)

8. The care and treatment rendered to the plaintiff RHONDA SULLIVAN did not meet the standard of care which could reasonably have been expected for a patient such as RHONDA SULLIVAN. 9. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of defendant ROCHELLE, plaintiffs BEAU SULLIVAN and RHONDA SULLIVAN suffered severe complications of premature birth, including mental retardation, hypotonic quadriplegia, learning disabilities, sensory, and cognitive disabilities, impaired skills of daily living, pain and suffering, past and future medical expenses, disfigurement, need for necessary help, and inability to live a normal life in the past and in the future. 10. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of the defendant, plaintiff BEAU SULLIVAN is and has been since birth severely mentally retarded, unable to speak or otherwise communicate, unable to control his voluntary muscles, unable to control his bodily functions, and is unable to feed or care for himself.

11. Plaintiff BEAU SULLIVAN is entirely without understanding or capacity to make or communicate decisions regarding his person and totally unable to manage his estate or financial affairs, is unable to handle the ordinary affairs of life, and is permanently and totally legally disabled from October 30, 1994 until the present time. WHEREFORE, plaintiff RHONDA SULLIVAN PRAYS judgment against defendant ROCHELLE COMMUNITY HOSPITAL in an amount in excess of THIRTY THOUSAND DOLLARS ($30,000.00), the minimal jurisdictional amount of this Court, plus the costs of this lawsuit.

COUNT IV FAMILY EXPENSE CLAIM: ROCHELLE 1. - 11. Plaintiffs RHONDA SULLIVAN and JASON SULLIVAN reallege, restate and incorporate by reference Paragraphs 1 through 11 inclusive of Count III of this Complaint as Paragraphs 1 through 11 inclusive of this Count III of the Complaint as though fully set forth herein. 12. Plaintiff RHONDA SULLIVAN and JASON SULLIVAN as father and mother of BEAU SULLIVAN bring this action to recover damages resulting from injuries to the person and property of the BEAU SULLIVAN pursuant to common law and pursuant to the Family Expense Act, Ill.Rev.Stat., ch.40, sec 1015. 13. As a direct and proximate result of the negligent aforesaid acts or omissions of defendant ROCHELLE, plaintiffs RHONDA SULLIVAN and JASON SULLIVAN have incurred in the past and will incur in the future significant medical, hospital, and educational expenses relating to their minor son, BEAU SULLIVAN. WHEREFORE, plaintiffs RHONDA SULLIVAN and JASON SULLIVAN sue defendant ROCHELLE COMMUNITY HOSPITAL and PRAY judgment in such amount in excess of THIRTY THOUSAND DOLLARS ($30,000.00) which shall adequately compensate the plaintiff for the losses and damages sustained, plus the costs of this law suit.

Law Office of KENNETH C. CHESSICK, M.D. Attorneys for Plaintiff 1870 N. Roselle Road, Suite 104 Schaumburg, IL 60195 (847) 843-8044