Wrongful Death Malpractice Lawsuit

FILED: CAYUGA COUNTY CLERK 12/04/2019 12:54 PM INDEX NO.
E2019-1421
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/04/2019
SUPREME COURT
COUNTY OF CAYUGA STATE OF NEW YORK
Index No.:
HElDI SOPER, as administratrix of the Estate of Robert E. Pratt,

a/k/a Robert E. Pratt, Sr., deceased, VERIFIED
COMPLAINT
-plaintiff,
-vs.
JEREMY BARNETT, MD, individually and as an agent, officer

and/or employee of Auburn Community Hospital, and/or as an agent,
officer and/or employee of Aubum Memorial Medical Services, PC;
SCOTT BERLUCCHI, individually and as agent, officer and/or employee
of Auburn Community Hospital, and/or as agent, officer and/or employee of
Auburn Memorial Medical Services, PC; JOHN RICCIO, MD, individually
and as an agent, officer and/or employee of Auburn Community Hospital,
and/or as an agent, officer and/or employee of Auburn Memorial Medical
Services, PC; SHAKEEL USMANI, MD, individually and as an agent,

officer and/or employee of Auburn Community Hospital, and/or as an
agent, officer and/or employee of Auburn Memorial Medical Services, PC;

ANTHONY FRANCESHELLI, individually and as an agent, officer and/or
employee of Auburn Community Hospital, and/or as an agent, officer
and/or employee of Auburn Memorial Medical Services, PC; JOSEPH
BARTOLOTTA, ESQ., individually and as an agent, officer and/or
employee of Auburn Community Hospital, and/or as an agent, officer
and/or employee of Auburn Memorial Medical Services, PC, AUBURN
MEMORIAL MEDICAL SERVICES, PC, by and through its agents, officers
and/or employees; and AUBURN COMMUNITY HOSPITAL, by and
through its agents, officers, and/or employees;
-defendants.
The Plaintiff HEIDI SOPER, as administratrix of the Estate of Robert E. Pratt, a/k/a
Robert E. Pratt, as and for her verified complaint against the Defendants above-
Sr., deceased,
named alleges upon information and belief as follows:
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FILED: CAYUGA COUNTY CLERK 12/04/2019 12:54 PM INDEX NO. E2019-1421
THE PARTIES
1. The Plaintiff, Heidi Soper (hereinafter "Plaintiff"), was the daughter of Robert E.
Pratt and is the administratrix for the Estate of Robert E. Pratt, having been appointed as such by
the Surrogate's Court for the County of Cayuga, State of New York (Hon. Mark H. Fandrich) on
September 17, 2019. Copies of the Letters of Administration with Limitations is attached hereto
and marked Exhibit "A".
2. For all times hereinafter relevant, the Plaintiff resides at 59 Bradford Street,
Auburn, New York 13021, and is a resident of Cayuga County, State of New York.
3. For all times hereinafter relevant and at the time of his death, Plaintiff's decedent
Robert E. Pratt (hereinafter "Mr. Pratt") resided at 59 Bradford Street, Auburn, New York
13021, and was a resident of Cayuga County, State of New York.
4. For all times hereinafter relevant, the defendant Jeremy Barnett, MD (hereinafter
"Barnett") is a physician licensed to practice medicine in the State of New York with a business
address of 17 Lansing Street, Auburn, New York 13021, and is board certified in the field of
internal medicine, which is a national standard of care, and sub-certified in critical care
medicine, which is a national standard of care.
5. For all times hereinafter relevant, the defendant Auburn Memorial Medical
Services, P.C. (hereinafter "AMMS") is domestic professional corporation organized under the
laws of and licensed to do business in the State of New York, with a principal place of business
located at 77 Nelson Street, Auburn, New York 13021. Upon information and belief, AMMS
was established by and is directly affiliated with the defendant Auburn Community Hospital.
6. For all times hereinafter relevant, the defendant Auburn Community Hospital
(hereinafter "Hospital") is domestic not-for-profit corporation organized under the laws of and
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licensed to do business in the State of New York, with a health care facility located at 17 Lansing
Street, Auburn, New York 13021.
7. For all times hereinafter relevant, the defendants Barnett is an agent, officer
and/or employee of the defendant Hospital, and is an agent, officer and/or employee of the
defendant AMMS, and the defendants Hospital and AMMS are vicariously liable for the
negligent acts and/or omissions of the defendant Barnett, under the doctrine of respondeat
(3rd
superior and/or pursuant to the decision of Mduba v. Benedictine Hospital, 52 AD2d 450
Dept. 1976).
8. For all times hereinafter relevant, the defendant Scott Berlucchi (hereinafter
"Berlucchi") is the Chief Executive Officer of the defendant Hospital, with an address of 17
Lansing Street, Auburn, New York 13021.
9. For all times hereinafter relevant, the defendant Berlucchi is an agent, officer
and/or employee of the defendant Hospital, and the defendant Hospital is vicariously liable for
the negligent acts and/or omissions of the defendant Berlucchi under the doctrine of respondeat
superior.
10. For all times hereinafter relevant, the defendant John Riccio, MD (hereinafter
"Riccio") is the Chief Medical Officer of the defendant Hospital, with an address of 17 Lansing
Street, Auburn, New York 13021.
11. For all times hereinafter relevant, the defendant Riccio is an agent, officer and/or
employee of the defendant Hospital, and the defendant Hospital is vicariously liable for the
negligent acts and/or omissions of the defendant Riccio under the doctrine of respondeat
superior.
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12. For all times hereinafter relevant, the defendant Shakeel Usmani, MD (hereiñafter
"Usmani") is the Medical Staff President of the defendant Hospital, with an address of 17
Lansing Street, Auburn, New York 13021.
13. For all times hereinafter relevant, the defendant Usmani is an agent, officer and/or
employee of the defendant Hospital, and the defendant Hospital is vicariously liable for the
negligent acts and/or omissions of the defendant Usmani under the doctrine of respondeat
superior.
14. For all times hereinafter relevant, the defendant Anthony Franceshelli (hereinafter
"Franceshelli") is the Chair of the Board of Directors of the defendant Hospital, with an address
of 17 Lansing Street, Auburn, New York 13021.
15. For all times hereinafter relevant, the defendant Franceshelli is an agent, officer
the negligent acts and/or omissions of the defendant Franceshelli under the doctrine of
respondeat superior.
16. For all times hereinafter relevant, the defendant Joseph Bartolotta, Esq.
(hereinafter "Bartolotta") is the former Chair of the Board of the Directors of the defendant
Hospital, with an address of 17 Lansing Street, Auburn, New York 13021.
17. For all times hereinafter relevant, the defendant Bartolotta is an agent, officer
the negligent acts and/or omissions of the defendant Bartolotta under the doctrine of respondeat
superior.
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THE FACTS
18. The Plaintiff repeats and re-alleges all allegations set forth above as if set forth
below.
19. An or about 10:30 p.m., on October 23, 2018, the Plaintiff's decedent Robert E.
Pratt (hereinafter "Mr. Pratt") presented to the defendant Hospital with complaints of shortness
of breath, chest pain, fever, swelling of his lower extremities. He was found to have decreased
breath sounds; tachycardia; pallor; moderate distress; dyspnea on exertion; elevated white blood
cell count of 17.2; severe respiratory distress; a heart rate of 168 and respiratory rate of 24; and
to be in atrial fibrillation.
20. Mr. Pratt came under the care of defendant Barnett, thereby creating a patient-
physician relationship. Mr. Pratt was admitted to the defendant hospital, thereby creating a
patient -hospital relationship with defendant Hospital.
21. Mr. Pratt medical history was significant for hypertension; high cholesterol;
COPD; obesity, chronic smoking of 40 years; coronary artery disease status post stent; daily
alcohol consumption - his last alcoholic drink in the afternoon of that day. The hospital
being
staff was informed, and it was also noted in his medical record, that Mr. Pratt had recently stolen
30 Percocet and that he frequently smoked marijuana.
21. No one tested Mr. Pratt to ascertain his alcohol or drug levels.
22. No one called to obtain a consult from a medical toxicologist.
23. Mr. Pratt's heart rate was in excess of 90 beats per minute; his respiratory rate
was in excess of 20 per his white blood cell count was in excess of 12,000 - and
minute; meeting
exceeding the Systemic Inflammatory Response Criteria ("SIRS"). No antibiotics were ordered.
No consult with infectious disease was ordered.
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24. No attempt was made to determine the underlying cause of Mr. Pratt's A-fib.
25. On October 24, 2018, Mr. Pratt began to show signs and symptoms of alcohol and
narcotic withdrawal. Still no consult with medical toxicology was ordered, nor was there any
consult of any kind ordered to appropriately treat Mr. Pratt's withdrawal symptoms.
26. That same day, Mr. Pratt was experiencing increasing shortness of breath, chest
pain, palpitations, fever, chills, body aches, weakness, fatigue, lack of energy, and lung sounds
crackles bilaterally.
27. Defendant Barnett failed to order consultations from infectious disease or
pulmonology.
28. On October 25, 2018, Mr. Pratt's white blood cell count was 19.8H; he was
showing signs of interstitial edema/pulmonary edema, diminished breath sounds with scattered
wheezing noted throughout all lung fields. His pupils were sluggish. He was lethargic and unable
to answer questions or follow commands.
29. No antibiotics were administered. No call for an infectious disease consult was
made. No call for a pulmonary consult was made. No call for a medical toxicology consult was
made.
30. Defendant Barnett continued to sedate Mr. Pratt.
31. Mr. Pratt was receiving inadequate hydration and nutrition.
32. On October 26, 2018, all breath sounds were diminished and Mr. Pratt was still in
A-fib and his white blood cell count continued to be elevated.
33. Defendant Barnett continued to sedate Mr. Pratt for extreme agitation.
34. A chest x-ray taken that morning showed left lower lobe atelectasis and/or
pneumonia with small left effusion. Still no antibiotics were administered.
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35. Mr. Pratt's pupils remained sluggish; he was confused, restless and drowsy. He
was still not being hydrated nor was he eating.
36. Defendant Barnett wrote in Mr. Pratt's medical chart, "[Arterial blood gas] with
acute likely chronic hypoxic hypercapnic respiratory failure, on auscultation diminished breath
fields."
sounds with scattered wheezing noted throughout all lung
37. On October 27, 2018, all breath sounds were diminished, and rales were heard in
the right lower lung. His white blood cell count was 18.1H and he was having bouts of apnea
where his oxygen saturation levels dropped to low 80s. A chest x-ray showed decreasing pleural
effusion and atelectasis and a small residual left pleural effusion. D-Dimer results were elevated
at 0.6H. Breath sounds: crackles with bronchovesicular breath sounds appreciated bilaterally
lower lung fields, rales, diminished breath sounds. His prognosis was extremely guarded.
38. Defendant Barnett continued to sedate Mr. Pratt. No pulmonology or infectious
disease consults were called for.
39. At or about 7:45 pm on that date, Mr. Pratt became very agitated, showing restless
and aggressive behavior, and became uncooperative. Defendant Barnett ordered that he be
intubated.
40. A chest x-ray taken that night showed: hypoventilatory imaging with bibasilar
atelectasis, left greater than right, and the setting of an elevated left hemidiaphragm.
41. Mr. Pratt was not being hydrated and was not receiving proper nutrition. He was
being sedated with Versed and Propofol. He received no antibiotics and no consultations of any
kind were called for.
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42. On October 28, 2018, Mr. Pratt continued to meet with SIRS criteria, including
but not limited to a heart rate over 90 beats per minute; a respiratory rate over 20 per minute; a
white blood cell count in excess of 12,000 or 10% bands.
43. Mr. Pratt's breath sounds continued to be diminished; his white blood cell count
was 16.6H; he continued to be in A-fib.
44. A chest x-ray taken that morning showed an "increased expansion of the bilateral
lungs with slight interval increase in the left basilar opacity, which may represent increasing
atelectasis."
small left pleural effusion and
45. At or about 8:00 p.m. that Mr. Pratt received a tube - the first
day, feeding
nutrition he had received since his admission on October 23, 2018.
46. At or about 9:18 p.m., Defendant Barnett was notified on green/yellow sputum
and a heart rate between 100-120. A sputum culture was taken and for the first time since his
admission, Mr. Pratt received antibiotics: Zosyn and Vancomycin.
47. No infectious disease consult was called for. The results of the sputum culture
would not be known until October 31, 2018.
48. On October 29, 2018, Mr. Pratt's condition did not improve: he had a rectal
temperature of 100*F; green/yellow secretions present; heart rate of 123; respiratory rate of 24;
bilateral lower lobes breath sounds remained diminished; crackles bilaterally throughout lung
fields; and white blood cell count of 16.5H. He also had elevated glucose levels of 197H. He was
still in A-fib.
49. A chest x-ray taken that morning showed left lower lobe atelectasis and small left
pleural effusion.
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50. As the day continued, Mr. Pratt's condition continued to grow bleaker. He failed a
pressure support ventilation trial and he was breathing over the ventilator.
51. No new or additional antibiotic was administered. No infectious disease consult
was ordered. No pulmonary consult was ordered.
52. On October 30, 2018, Mr. Pratt's condition continued to decline: he was breathing
over the ventilator; all breath sounds diminished; yellow/green thick moderate secretions; his
white blood cell count was 15.3H; his blood glucose was 225H; he rectal temperature was
101.1*F. Mr. Pratt's heart rate continued to be above 90 beats per minute and his respiratory rate
continued to be above 20 per minute. He was still in A-fib.
53. At or about 10:55 a.m., the Zosyn was discontinued and meropenem was started.
Vancomycin was continued.
54. No infectious disease consult was ordered at any time.
55. As the day continued, Mr. Pratt continued to decline. His arterial blood gas was
53.4CL; he continued to breathe over the ventilator; his ventilator was set at 100%, yet his blood
oxygen levels were dropping; his creatinine kinase level was 824CH, a symptom of prolonged
propofol use and propofol related infusion syndrome (PRIS).
56. On October 31, 2018, Mr. Pratt's condition continued to decline even further: his
ventilator was set at 100% but his blood oxygen saturation was only 88%; his white blood cell
count was 24.7H; his thyroid levels were checked for the first time since his admission and were
markedly low; he was still in A-fib with rapid ventricular response. A chest x-ray of that
morning showed bilateral lower lobe atelectasis. His rectal temperature was 102*F; his blood
pressure was 148/70; heart rate of 148; and respiratory rate of 26.
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57. The results of the sputum culture were received: predominate Escherichia coli;
many white blood cells; gram negative rods.
58. Mr. Pratt began to experience multi-system organ failure due to sepsis: blood
glucose of 302H; BUN 47H. His prognosis was extremely grave.
59. On November 1, 2018, withdrawal of all life-sustaining measures including the
use of supplemental oxygen was initiated. Mr. Pratt was extubated to room air. He experienced
spontaneous deep, harsh breaths.
60. Robert Pratt passed away at 3:22 p.m. on November 1, 2018, as a result of
respiratory failure with intractable hypoxemia secondary to adult respiratory distress syndrome
as a result of pneumonia.
AS AND FOR A FIRST CAUSE OF ACTION SOUNDING IN MEDICAL

MALPRACTICE AGAINST THE DEFENDANTS BARNETT, AUBURN COMMUNITY
HOSPITAL AND AMMS, PLAINTIFF ALLEGES THE FOLLOWING:
61. Plaintiff repeats and re-alleges all allegations set forth above as if fully set forth
below.
62. Defendant Barnett, individually, and as agent, officer and/or employee of
Defendant Hospital and/or as an agent, officer and/or employee of Defendant AMMS, and
Defendants Hospital and AMMS, by and through their agent, officer and/or employee Defendant
Barnett, provided medical care and treatment to the Plaintiff's decedent Mr. Pratt from October
25, 2018 to November 1, 2018, negligently, carelessly, recklessly, wantonly, and with a reckless
disregard for Mr. Pratt's health and well-being, and treated Mr. Pratt in a manner that resulted in
severe and permanent bodily injuries and death.
63. The severe and permanent bodily injuries and death suffered by Mr. Pratt were the
direct and proximate result of the negligence, carelessness, recklessness, unskillfulness, wanton
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disregard, and improper care and treatment by Defendant Barnett, individually, and as agent,
officer and/or employee of Defendant Hospital and/or as an agent, officer and/or employee of
Defendant AMMS, and Defendants Hospital and AMMS, by and through their agent, officer
and/or employee Defendant Barnett, including, but not limited to the following: his
misrepresentations that he was knowledgeable, skillful and competent to diagnose and treat Mr.
Pratt from October 25, 2018 to November 1, 2018; his failure to timely and properly diagnose
and treat Mr. Pratt's pneumonia; his failure to properly treat Mr. Pratt's alcohol and drug
withdrawal; his failure to recognize his inability and incompetence in treating Mr. Pratt as he
then and there presented; his failure to order an infectious disease consultation; his failure to
order a pulmonology consultation; his failure to order a medical toxicology consultation; his
failure to transfer Mr. Pratt to a medical care facility that could provide a higher level of care as
required by Mr. Pratt; his failure to recognize the signs and symptoms of infection and/or sepsis
as exhibited by Mr. Pratt; his failure to timely and properly treat Mr. Pratt's atrial fibrillation; his
failure to even attempt to find out the cause of Mr. Pratt's atrial fibrillation; his failure to order
the appropriate tests and diagnostic studies; his utter failure to appreciate and heed the sepsis
alerts; his failure to understand and appreciate the SIRS criteria as it applied to Mr. Pratt; his
failure to timely order a sputum culture; his failure to administer appropriate antibiotics; his
failure to order appropriate hydration; his failure to order appropriate nutrition; his failure to
order the reasonable, proper and necessary tests to determine the underlying cause of Mr. Pratt's
A-fib; his failure to timely, properly and adequately diagnose and treat Mr. Pratt for the true
maladies from which he was suffering; his failure to ensure that the care and treatment he
provided to Mr. Pratt was performed in keeping with good and accepted standards of medical
care; his failure to obtain timely and adequate consultations to ensure that the treatment being
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rendered to Plaintiff was appropriate; his failure to follow protocols, procedures and regulations
to check for infection and/or sepsis when Mr. Pratt presented with numerous signs and symptoms
of infection/sepsis, including but not limited to: fever, chills, elevated white blood cell count;
diminished breath sounds; increasing shortness of breath; weakness; fatigue; body aches; pallor;
lack of energy; elevated heart rate; elevated respiratory rate; chest pain; palpitations; lung sounds
crackles bilaterally; dyspnea upon exertion; interstitial edema; ominous chest x-rays; his failure
to possess and exercise that degree of skill, training and care as is possessed and exercised by the
average qualified members of the medical profession exercising his specialty; his failure to fully
inform other physicians of the medical problems that Mr. Pratt was experiencing during his
admission; his failure to heed and/or otherwise appreciate the Mr. Pratt's ongoing signs and
symptoms and/or his failure to take said signs and symptoms seriously enough to act upon them;
his failure to properly and adequately follow-up with Mr. Pratt's care; his failure to consider that
there may be pneumonia, infection and/or sepsis despite numerous indicators of same; his delay
in diagnosing pneumonia; his failure to recognize, or have the knowledge to recognize, his
inability and lack of skill to treat Mr. Pratt when he knew or should have known of the
foreseeable consequences of his inability and failure to properly and skillfully provide Mr. Pratt
with acceptable medical care and treatment; his failure to fully evaluate, work up, and/or
otherwise order appropriate studies to determine the true nature and extent of Mr. Pratt's signs
and symptoms and declining condition; his failure to adequately understand the seriousness of
Mr. Pratt's condition with the presenting signs and symptoms; his failure to take a full and
complete history; failed to transfer Mr. Pratt to another health care facility when it was
abundantly clear that Defendant Hospital was not properly equipped or staffed to meet Mr.
Pratt's medical care requirements; improperly over-sedating Mr. Pratt with multiple intravenous
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sedatives and/or narcotics; administering multiple drugs simultaneously without consideration to
the potentiation effects; failed and/or refused to follow standard protocol, elected unnecessary,
dangerous and/or unethical medical procedures, thus endangering the life of Mr. Pratt; failed to
stay abreast of the relevant literature; completely mismanaged the care and treatment of Mr.
Pratt; deprived Mr. Pratt a chance of cure; failed to ascertain whether the antibiotics eventually
administered to Mr. Pratt were appropriate for the organism causing his infection; and Defendant
Barnett, individually and as agent officer and/or employee of Defendants Hospital and/or
AMMS, and Defendants Hospital and AMS, by and through their agent, officer and/or employee
Defendant Barnett, were otherwise negligent, careless, reckless, wanton, committed malpractice,
and exhibited a reckless disregard for the health and well-being of Mr. Pratt; during his care and
treatment of Mr. Pratt from October 25, 2018 to the time of his death on November 1, 2018.
64. As a direct and proximate result of the negligence, carelessness, recklessness, and
wanton disregard for the health and well-being of Mr. Pratt, Defendants Barnett, Hospital and
AMMS, without any negligence of Mr. Pratt contributing thereto, Mr. Pratt has been caused to
sustain severe and permanent injuries, pain, suffering, mental anguish and distress, loss of
enjoyment of life, and death, and has been otherwise caused to incur medical bills, loss of
earnings, costs of care, and has otherwise been rendered, sick, sore and lame all to his detriment
until the time of his death on November 1, 2018
65. As a direct and proximate result of the negligence, carelessness, recklessness,
malpractice, and wanton disregard, Defendants Barnett, Hospital and AMMS, Mr. Pratt has been
caused to sustain severe and permanent disabling injuries, and wrongful death, lost earnings,
both past and future, medical and funerary bills, and Plaintiff seeks damages on behalf of his
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estate, including punitive damages, in a fair and reasonable amount as may be determined by a
jury of her peers.
AS AND FOR A SECOND CAUSE OF ACTION SOUNDING IN WRONGFUL DEATH

AGAINST THE DEFENDANTS BARNETT, AUBURN COMMUNITY HOSPITAL AND
AMMS, PLAINTIFF ALLEGES THE FOLLOWING:
66. Plaintiff incorporates by reference the preceding allegations as if fully set forth
herein.
67. As a result of the foregoing, Robert Pratt died as a result of his injuries on
November 1, 2018.
68. At the time of his death, Mr. Pratt left behind dependents, for whose benefit this
action is commenced.
Defendants'
69. That prior to the negligence, medical negligence, wanton disregard,
recklessness and/or professional negligence, Mr. Pratt worked to provide economic support for
his daughter Heidi Soper. He provided household services and guidance to Heidi Soper, as well
as economic support.
70. By virtue of his wrongful death, his family has been deprived of his comfort,
guidance, and society and of his support, and they have been otherwise pecuniarly damaged as a
result of the aforesaid wrongful death of the Plaintiff's decedent Robert Pratt.
71. By reason of Mr. Pratt's wrongful death, it became necessary to bury his remains,
and Plaintiff incurred the obligation therefore, and she will incur additional administrative
expenses and other expenses in the settlement of the estate of Plaintiff's decedent Robert Pratt.
72. By reason of the foregoing, the Plaintiff Heidi Soper, individually and as
Administratrix of the Estate of Robert Pratt, has been damaged, and Plaintiff hereby seeks
judgment against the Defendants Barnett, Hospital and AMMS, and each of them, jointly,
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severally, and individually in an amount in excess of jurisdictional limits of all lower courts and
in an amount to be determined at trial together with costs and disbursements of this action and
with such other and further relief as the Court may deem just and proper.
AS AND FOR A THIRD CAUSE OF ACTION SOUNDING IN NEGLIGENT HIRING

AND/OR CREDENTIALING AGAINST THE DEFENDANTS BELDUCCHI; RICCIO;
USIMAN; FRANCESHELLI; BARTOLOTTA; AUBURN COMMUNITY HOSPITAL AND
AMMS, PLAINTIFF ALLEGES THE FOLLOWING:
73. Plaintiff repeats and re-alleges all allegations set forth above as if fully set forth
below.
74. Starting in or about 2015, numerous complaints were made to Defendant
Berlucchi and Ricchio regarding new hospitalist doctors, including but not limited to Defendant
Barnett, providing improper and unnecessary medical care that was causing harm to the patients.
75. Instead of looking into or acting on these reports, Defendant Berlucchi and
Ricchio retaliated against those who lodged the complaints. See Verified Complaint of Gregory
Serfer v. Auburn Community Hospital, et al, Northern District Court of New York, Syracuse
Division, Case No.: 5:18-CV-1468, attached hereto and incorporated by reference as Exhibit
"B".
76. In or about October 2017, Defendants Hospital and/or AMMS hired Defendant
Barnett to replace Gregory Serfer, MD, as an intensive care unit physician in retaliation for Dr.
Serfer filing complaints about the new hospitalist doctors.
77. Defendant Barnett was originally hired as a temporary locum tenens employee,
but was converted to a full active medical staff member by the Defendants Hospital and
Berlucchi without going through the extra vetting required under the Hospital's by-laws for such
status change.
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78. Following his arrival, Defendant Barnett demonstrated a negligent, if not
intentionally reckless, practice of medicine that endangered the lives of patients on a regular
basis. Defendant Barnett refused to follow standard protocol, disregarded the opinions of expert
consultants, and refused to transfer patients when required. These departures were reported to the
Defendants Hospital, Berlucchi, and Ricchio.
79. Dr. Barnett had been praised by the Defendant Hospital's administrative leaders,
including but not limited to Defendants Berlucchi, Ricchio, Usmani, Bartolotta, Franceshelli, for
increasing the Defendant Hospital's intensive care unit (ICU) admission rate, thus driving up
profit for the defendant Hospital. However, this rising number of admissions was due to
Defendant Barnett admitting patients who did not require ICU level admission or patients who
the Defendant Hospital was not properly equipped or staffed to treat.
80. On multiple occasions, complaints were made to Defendant Berlucchi and
Ricchio regarding serious concerns physicians and medical staff members at Defendant Hospital
had about Defendant Barnett's improper, if not reckless, patient care practices, dangerous
decisions, unprofessional treatment of staff, offensive behavior in front of patients and their
families, and overall improper workplace behavior.
81. Despite receiving these complaints, the Defendant Hospital's administrative
leaders, including but not limited to Defendants Berlucchi, Ricchio, Usmani, Bartolotta,
Franceshelli, never investigated or responded to any of them under their own initiative.
82. The Defendant Hospital's administrative leaders, including but not limited to
Defendants Berlucchi, Ricchio, Usmani, Bartolotta, Franceshelli, were focused on retaliating
against those voicing the complaints about Defendant Barnett rather than address the dangerous,
offensive, reckless, wanton, and unprofessional behavior giving rise to the complaints.
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Defendants Berlucchi, Ricchio, Usmani, Bartolotta, Franceshelli, put Hospital profits before
concerns for patient care.
84. Some of the complaints made to the Defendant Hospital's administrative leaders,
including but not limited to Defendants Berlucchi, Ricchio, Usmani, Bartolotta, Franceshelli,
regarding Defendant Barnett include but are not limited to: retroactively editing patient records
in a deliberate attempt to justify ICU level care for patients who do not warrant it; extensive
overuse of bronchoscopy with resultant complications on patients; extensive overuse of
endotracheal intnhation; over-sedation of patients with two or three intravenous sedatives and/or
intravenous narcotics, including propofol, fentanyl, and IV benzodiazepine together; regularly
changing IV drip rates without notifying nurses, including those with highly controlled
substances such as narcotics; failing to seek or adhere to expert consultations when other
physicians recommend it; engaging in in appropriate continued contact with patient families in
order to negatively impact their confidence in other medical providers at the Defendant Hospital;
stating defamatory remarks and undermining of other physicians at the Defendant Hospital in
front of patients and families; repeated sexual harassment and general harassment of medical
staff members; multiple misdiagnoses of patients; changing the setting on ventilators without
informing nurses or respiratory therapists; continually changing orders for medications and
patients'
interventions without assessing patient needs; the length of stays became longer and
outcomes were becoming worse; failing to properly document orders or changes in orders;
overuse of multiple cardiac pressers; performing uññecessary procedures that were causing the
patients more harm than good; performing procedures without patient consent and proper
informed consent; performing procedures to generate revenue for the Hospital rather than what
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would be in the best interest of the patient; attempts to intimidate staff, patients, and families
with statements that he is the highest authority in the hospital for medical care; fraudulent
documentation both in terms of overbilling or blatantly incorrect billing; attempting to turn every
situation into an emergency to try to bill critical care rates; overstepping his scope of privileges
and authority in the ICU; negligent and reckless patient care; and making inappropriate and
degrading comments about patients and their families.
85. On May 18, 2018, Gregory Serfer, MD, filed a complaint with CNY Care
Collaborative's Corporate Compliance Program against Defendant Hospital and Barnett, stating
in part:
A complex, multifaceted series of problems that, by acts of corruption,
retaliatory behavior, unethical practices, illegal practices and willful negligence

has harmed patients and provides continues risk to patients in spite of multiple
internally filed complaints (in writing and verbally) from multiple sources
including physicians, nurses and support staff. The situation exists by an almost
complete abandonment of adherence to bylaws, bullying, harassment and
appropriate supervision. The greatest harm often results from inappropriate
staffing and the support of physicians deemed dangerous by many other

providers. The overall result appears to be increasing morbidity and mortality.
Those that attempt to seek corrective action are threatened with termination or
terminated or forced to resign.
These are continuous ongoing issues that have been going on for years but
have become almost continuously worse over the past two years with a sharp
increase over the past 5 minutes. The worsening includes sexual harassment and
public humiliation. There are near daily occurrences related to a Dr. Barnett. (See
Exhibit "B")
Defendants Berlucchi, Ricchio, Usmani, Bartolotta, Franceshelli, either acted to retaliate against
those who made complaints about Defendant Barnett, wholly ignored the situation, or stated that
it simply did not matter and did nothing at all.
Defendants Berlucchi, Ricchio, Usmani, Bartolotta, Franceshelli, refused to take corrective
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action or even acknowledge that a problem existed with Defendant Barnett's pattern of reckless
and dangerous conduct, and have deliberately chosen to ignore these complaints for their own
self-interests and to increase revenue at the Defendants Hospital and AMMS without any regard
to patient safety or their ethical responsibility as medical professionals.
88. Defendant Barnett was never placed on any kind of administrative leave or
suspension. In fact, he was allowed to continue to see patients and his hours were increased at
Defendant Hospital, allowing him to become involved and dictate Plaintiff's decedent's
disastrous medical care and leading to Mr. Pratt's death.
89. As a direct and proximate result of the negligence, carelessness, recklessness,
wanton disregard, unethical behavior, and total abdication of professional duties as medical
professionals and/or administrators of a medical care facility, the Defendant Hospital's
administrative leaders, including but not limited to Defendants Berlucchi, Ricchio, Usmani,
Bartolotta, Franceshelli,, as set forth above and without any negligence of the Plaintiff or
Plaintiff's decedent Robert Pratt contributing thereto, Mr. Pratt sustained severe and permanent
injuries, pain, suffering, mental anguish and distress, loss of enjoyment of life, and wrongful
death, has been otherwise caused to incur lost earnings, both past and future, medical and
funerary bills, and Plaintiff seeks damages on behalf of his estate, including punitive damages, in
a fair and reasonable amount as may be determined by a jury of her peers.
DATED: November 1, 2019 CHERUNDOLO LAW FIRM, PLLC
By:
obin C. Zimpel, .
19 of 21
Attorneys for Plaintiff

Office and Post Office Address
15th
AXA Tower I, FlOOr
100 Madison Street
Syracuse, New York 13202-2078

Telephone (315) 449-9500
FAX SERVICE NOT ACCEPTED
20 of 21
ATTORNEY'S VERIFICATION
STATE OF NEW YORK )

)
COUNTY OF ONONDAGA ) ss:
I, the undersigned, am an attorney admitted to practice in the Courts of New York, state that
I am ROBIN C. ZIMPEL, ESQ., the attorney of record for the Plaintiff in the within action; that I
have read the foregoing Verified Complaint and know the contents thereof; the same is true to my
own knowledge, except as to the matters therein stated to be alleged on information and belief, and
as to those matters I believe it to be true. The reason this verification is made by me and not the
Plaintiff is because Plaintiff currently resides out of the county wherein my practice is maintained. I
have personal knowledge of the facts herein.
The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are
as follows: my belief is based upon investigation, conferences with the clients, and examination of
medical records and other documents referred to in the Complaint.
Robin C. Zimpel, .
Sworn to before me this

1st day of November, 2019.
Notary Public
ERICA B. MALIJNGER
NotaryPublicin the Stateof NewYork
Qualifiedin MadisonCountyNo.01MA6370024
MyCommissionExpires January29, 20-2..t-
21 of 21

Wrongful Death Malpractice Lawsuit

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Wrongful Death Malpractice Lawsuit

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FILED: CAYUGA COUNTY CLERK 12/04/2019 12:54 PM INDEX NO.

HElDI SOPER, as administratrix of the Estate of Robert E. Pratt,

JEREMY BARNETT, MD, individually and as an agent, officer

Services, PC; SHAKEEL USMANI, MD, individually and as an agent,

agent, officer and/or employee of Auburn Memorial Medical Services, PC;

named alleges upon information and belief as follows:

and marked Exhibit "A".

13021, and was a resident of Cayuga County, State of New York.

medicine, which is a national standard of care.

Street, Auburn, New York 13021.

Lansing Street, Auburn, New York 13021.

Street, Auburn, New York 13021.

Lansing Street, Auburn, New York 13021.

of 17 Lansing Street, Auburn, New York 13021.

Hospital, with an address of 17 Lansing Street, Auburn, New York 13021.

patient -hospital relationship with defendant Hospital.

30 Percocet and that he frequently smoked marijuana.

22. No one called to obtain a consult from a medical toxicologist.

No consult with infectious disease was ordered.

27. Defendant Barnett failed to order consultations from infectious disease or

to answer questions or follow commands.

30. Defendant Barnett continued to sedate Mr. Pratt.

31. Mr. Pratt was receiving inadequate hydration and nutrition.

A-fib and his white blood cell count continued to be elevated.

pneumonia with small left effusion. Still no antibiotics were administered.

was still not being hydrated nor was he eating.

38. Defendant Barnett continued to sedate Mr. Pratt. No pulmonology or infectious

disease consults were called for.

kind were called for.

white blood cell count in excess of 12,000 or 10% bands.

was 16.6H; he continued to be in A-fib.

nutrition he had received since his admission on October 23, 2018.

admission, Mr. Pratt received antibiotics: Zosyn and Vancomycin.

would not be known until October 31, 2018.

51. No new or additional antibiotic was administered. No infectious disease consult

was ordered. No pulmonary consult was ordered.

continued to be above 20 per minute. He was still in A-fib.

Vancomycin was continued.

54. No infectious disease consult was ordered at any time.

propofol use and propofol related infusion syndrome (PRIS).

many white blood cells; gram negative rods.

glucose of 302H; BUN 47H. His prognosis was extremely grave.

59. On November 1, 2018, withdrawal of all life-sustaining measures including the

spontaneous deep, harsh breaths.

AS AND FOR A FIRST CAUSE OF ACTION SOUNDING IN MEDICAL

62. Defendant Barnett, individually, and as agent, officer and/or employee of

severe and permanent bodily injuries and death.

sedatives and/or narcotics; administering multiple drugs simultaneously without consideration to

until the time of his death on November 1, 2018

65. As a direct and proximate result of the negligence, carelessness, recklessness,

jury of her peers.

AS AND FOR A SECOND CAUSE OF ACTION SOUNDING IN WRONGFUL DEATH

AS AND FOR A THIRD CAUSE OF ACTION SOUNDING IN NEGLIGENT HIRING

74. Starting in or about 2015, numerous complaints were made to Defendant

Serfer filing complaints about the new hospitalist doctors.

78. Following his arrival, Defendant Barnett demonstrated a negligent, if not

Defendants Hospital, Berlucchi, and Ricchio.

the Defendant Hospital was not properly equipped or staffed to treat.