Baltimore, MD * The Corporation Trust Inc 351 West Camden Street * Baltimore, MD KATHLEEN WARD, M.D South Hanover Street *

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1 JAYLAN NORFLEET, a minor, by and through his Parents and Next Friends, SHANTIAH MOORE-NORFLEET and IN THE JOEL NORFLEET th Street CIRCUIT COURT Brooklyn, MD BALTIMORE CITY SHANTIAH MOORE-NORFLEET, Individually, th Street Brooklyn, MD and JOEL NORFLEET, Individually, th Street CASE No. Brooklyn, MD Plaintiffs v. HARBOR HOSPITAL, INC South Hanover Street Baltimore, MD Serve On: The Corporation Trust Inc 351 West Camden Street Baltimore, MD KATHLEEN WARD, M.D South Hanover Street Baltimore, MD JAMES NEAL, M.D South Hanover Street Baltimore, MD and HEATHER CLARKE, C.N.M South Hanover Street Baltimore, MD Defendants

2 COMPLAINT AND REQUEST FOR JURY TRIAL Plaintiffs, Jaylan Norfleet, a minor, by and through his Parents and Next Friends, Shantiah Moore-Norfleet and Joel Norfleet; Shantiah Moore-Norfleet, Individually; and Joel Norfleet, Individually, by and through their undersigned attorneys, hereby sue the Defendants, Harbor Hospital, Inc., Kathleen Ward, M.D., James Neal, M.D., and Heather Clarke, C.N.M., and for their causes of action state as follows: 1. This medical negligence claim is instituted pursuant to Md. Cts. & Jud. Proc. Art. 3-2A-01 and 3-2A-10, for the recovery of damages in excess of Thirty Thousand Dollars ($30,000.00). 2. Venue is proper in Baltimore City, Maryland. 3. Plaintiffs hereby attach, as if fully stated herein, a Certificate of Merit and Expert Report previously filed with the Statement of Claim in the Health Care Alternative Dispute Resolution Office of Maryland. 4. At all times material hereto, Harbor Hospital, Inc. was a corporation engaged in the operation of a hospital, providing obstetric, gynecologic, and neonatal care, and other health care services as well as administration, staffing, supervision, and operation of a hospital. All times material hereto Harbor Hospital, Inc. acted individually and/or by and/or through its actual and/or apparent agents, servants, and/or employees, including, but not limited to, Kathleen Ward, M.D., James Neal, M.D., and Heather Clarke, C.N.M. 5. At all times material hereto, Kathleen Ward, M.D. was a physician practicing in the fields of gynecology and obstetrics, and at all times relevant herein was duly licensed in Maryland to provide health care services to persons in need thereof. Kathleen Ward, M.D. is

3 sued individually and as an employee and real and/or ostensible agent of, and was acting within the scope of her employment and/or agency with, Defendant Harbor Hospital, Inc. 6. At all times material hereto, James Neal, M.D. was a physician practicing in the fields of gynecology and obstetrics, and at all times relevant herein was duly licensed in Maryland to provide health care services to persons in need thereof. James Neal, M.D. is sued individually and as an employee and real and/or ostensible agent of, and was acting within the scope of his employment and/or agency with, Defendant Harbor Hospital, Inc. 7. At all times material hereto, Heather Clarke, C.N.M. was a Certified Nurse Midwife practicing in the fields of gynecology and obstetrics, and at all times relevant herein was duly licensed in Maryland to provide health care services to person in need thereof. Heather Clarke, C.N.M. is sued individually and as an employee and real and/or ostensible agent of, and was acting within the scope of her employment and/or agency with, Defendant Harbor Hospital, Inc. STATEMENT OF FACTS 8. According to the medical records, Ms. Moore became pregnant in March of Ms. Moore s estimated date of delivery was November 6, On September 6, 2002, Ms. Moore was admitted to Harbor Hospital by Heather Clarke, C.N.M., secondary to Pregnancy Induced Hypertension and HELLP syndrome. 11. Upon admission, Ms. Moore was hooked up to an electrical fetal heart rate monitor. At the time, Ms. Moore s fetus was approximately 31 and 2/7 weeks gestation. 12. Ms. Moore was evaluated by Dr. Jenkins, a Maternal Fetal Medicine specialist. 13. Dr. Jenkins instructed that a vaginal delivery was reasonable as long as the mother and fetus remained clinically stable. However, Dr. Jenkins cautioned that if the patient s clinical

4 status worsened then delivery should be via cesarean section. Furthermore, the instructions in the medical records indicated that a cesarean section would also be necessary upon standard fetal indication, specifically non-reassuring fetal heart tracing remote from vaginal delivery. 14. At approximately 7:00 a.m. on September 7, 2002, Ms. Moore was started on labor inducing medication, specifically Pitocin and Cervidil. 15. At approximately 11:10 a.m., Dr. Ward, an obstetrician and gynecologist, conducted a vaginal examination and noted that Ms. Moore s cervix was 4 cm dilated, 100% effaced, and that the fetus was at -1 station. 16. Prior to 12:00 p.m. the fetal heart rate was reassuring with minimal to moderate variability. However, after 12:00 p.m. the fetal heart rate became non-reassuring with late and prolonged variable decelerations. 17. At or around this time period, Ms. Moore s fetus was remote from delivery and per Dr. Jenkins recommendation and the applicable standards of care, the Defendants caring for Ms. Moore were required to perform a timely cesarean section. 18. However, the Defendants breached the standard of care by failing to appropriately monitor Ms. Moore, by failing to perform a timely cesarean section, and by causing a significant delay in delivery of Jaylan Norfleet. This delay in delivery caused the fetus to suffer diminished oxygen flow and hypoxia. 19. At approximately 5:13 p.m. Jaylan Norfleet was born. At birth, Jaylan was pale and his initial Apgars were 4 and 7, at one and five minutes, respectively. He required initial positive pressure ventilation because of bradycardia and poor respiratory effort. Due to the negligence and delay in delivery, Jaylan Norfleet was born neurologically compromised and injured.

5 20. The Defendants deviations from the standard of care were the direct and proximate cause of Jaylan s alleged injuries and damages. Had the Defendants complied with the standards of care, and timely and appropriately treated Shantiah Moore-Norfleet and delivered Jaylan Norfleet, then Ms. Moore would have delivered a healthy child without neurological or physical injuries. COUNT I 21. Jaylan Norfleet, a minor, by and through his Parents and Next Friends, Shantiah Moore-Norfleet and Joel Norfleet, and by and through his undersigned attorneys, hereby sues the Defendant, and for his cause of action states as follows: 22. The Plaintiff incorporates herein by this reference and re-allege the above paragraphs of this Complaint as if fully set forth herein. 23. In its care and treatment of Jaylan Norfleet, the Defendant, acting by and through its actual and/or apparent agents, servants, and/or employees, including, but not limited to Kathleen Ward, M.D., James Neal, M.D., and Heather Clarke, C.N.M., owed Plaintiffs the duty to exercise that degree of care and skill which a reasonably competent physician, nurse, nurse midwife, obstetrical practice, hospital, and/or similar health care provider would have exercised under similar circumstances. 24. The Defendant, by and through its actual and/or apparent agents, servants, and/or employees, breached the aforesaid duty of care to Plaintiffs, and were negligent in the following ways, among others: a. Failure to take a thorough medical history; b. Failure to conduct appropriate and careful examinations; c. Failure to utilize appropriate ancillary procedures;

6 d. Failure to timely and adequately recognize Shantiah Moore-Norfleet s and Jaylan Norfleet s serious medical condition; e. Failure to timely and adequately treat Shantiah Moore-Norfleet s and Jaylan Norfleet s condition; f. Failure to appropriately react to symptoms, signs, and findings which were illustrative of Shantiah Moore-Norfleet s and Jaylan Norfleet s true condition; g. Failure to take appropriate precautions in monitoring and treating Shantiah Moore-Norfleet s and Jaylan Norfleet s condition during pregnancy; h. Failure to obtain appropriate consultations and/or appropriately utilize the information made available to them; i. Failure to react to positive symptoms, signs, physical findings, and/or other data which were illustrative of Shantiah Moore-Norfleet s true condition;; j. Failure to react to the positive symptoms, signs, physical findings, and other data which were illustrative of the fetus true condition; k. Failure to properly and timely monitor and respond to (the fetus ) Jaylan Norfleet s condition; l. Failure to timely perform a cesarean section delivery upon Shantiah Moore- Norfleet; and m. Failure to order appropriate and timely fetal assessments. 25. As a direct and proximate result of the above-mentioned deviations from the applicable standard of care by the Defendants, Plaintiff has suffered and/or will suffer the following permanent injuries, among others: a. Neurological injuries;

7 b. Spastic diplegic cerebral palsy; c. Reduced cognitive and mental capabilities; d. Receptive language and expressive language delay; e. Jaylan Norfleet has incurred and will continue to incur substantial expenses for medical, nursing, therapy, custodial, and other care and treatment of his medical condition for which he and his parents are incapable, unwilling, and unable to pay; f. Jaylan Norfleet s earning capacity has been severely diminished; g. Jaylan Norfleet has and will continue to suffer great pain and suffering; h. Significant developmental disabilities and delays; i. Respiratory distress syndrome; j. Perinatal depression; k. Apnea; l. Apraxia; m. Hypoxia and its effects; n. Cerebral palsy; and o. Hypertonia. WHEREFORE, Jaylan Norfleet, a minor, by and through his Parents and Next Friends, Shantiah Moore-Norfleet and Joel Norfleet, brings this action against the Defendants and seeks damages that will adequately and fairly compensate him, costs, and such other and further relief as may be deemed appropriate.

8 COUNT II Shantiah Moore-Norfleet and Joel Norfleet, individually, Plaintiffs, by their undersigned attorneys, sue the Defendants and for their cause of action state as follows: 26. The Plaintiffs incorporate herein by this reference and re-allege the above paragraphs of this Complaint as if fully set forth herein. 27. The Defendants owed Plaintiffs the duty to exercise that degree of care and skill which reasonably competent hospital, physicians, obstetric practice, and/or similar Health Care Providers, would have exercised under similar circumstances. 28. As a direct and proximate result of the above-mentioned deviations from the applicable standard of care, Plaintiffs have suffered and/or will suffer the following injuries, among others: a. Great emotional anguish and pain and suffering as a consequence of Jaylan Norfleet s severe medical injuries; b. Substantial expenses for medical treatment and other care of Jaylan Norfleet; c. The loss of services, labor, assistance, etc. from their child, Jaylan Norfleet; d. Great emotional anguish as a consequence of the Defendants negligence as described above. WHEREFORE, Plaintiffs, Shantiah Moore-Norfleet and Joel Norfleet, bring this action against the Defendants and seek damages that will adequately and fairly compensate them, plus costs and such other and further relief as may be deemed appropriate.

9 H. Briggs Bedigian Keith D. Forman Wais, Vogelstein & Bedigian, LLC 1829 Reisterstown Road, Suite 425 Baltimore, Maryland (410) (tele) (410) (fax) Attorneys for Plaintiffs REQUEST FOR JURY TRIAL Plaintiff hereby request to have their case tired before a jury. Keith D. Forman