27-CV-16-1269

Filed in Fourth Judicial District Court

1/29/20161:21:47 PM
Hennepin County, MN

STATE OF MINNESOTA DISTRICT COURT

Founh
COUNTY OF HENNEPIN GEEGNDJUDICIAL DISTRICT
CASE TYPE: WRONGFUL DEATH

Edward Bermingham IV, as trustee for the Court File No.

next-of-kin of Nicole Bermingham,

Plaintiff,

vs. COMPLAINT
Patricia Eid, NP. and Emergency Care
Consultants, PA,

Defendants.

Plaintiff, for his cause of action against the defendants, herein alleges and states:

INTRODUCTION
Nicole Bermingham died due to Defendant Patricia Eids decision to send Ms.

Bermingham home from the emergency department without diagnosing and treating

her sepsis. On August 20, 2013, Ms. Bermingham gave birth to her rst child, a baby
boy named Edward Bermingham V. Ms. Berminghams labor lasted over 20 hours and

the delivery was difficult with Ms. Bermingham experiencing significant vaginal

tearing.

Three days later, on August 23, Ms. Bermingham began experiencing chills,

nausea, worsening vaginal pain, and fever. In the early morning of August 24, Ms.

Bermingham reported to Abbott Northwestern Hospitals emergency department,

where she relayed her symptoms to Defendant Patricia Eid. Nurse Eid ordered lab

work, which showed that Ms. Bermingham had an elevated white blood cell count with

86352881.1
 27 C v4 61269

27-CV-16-1269

am
Judicial District Court
Filed in Fourth Judicial
1/29/2016 1:21:47 PM
$21.22;: County, MN
Hennepin at

work also revealed that Ms.

The lab work
and bandemia. The
a left shift and Bermingham had
Ms. Bermingham had an
an

abnormally low platelet count of50,000 is 150,000 to450,000).

of 50,000 (normal is150,000 Along with her
to 450,000). Along

other symptoms, these are classic signs of sepsis. However, despite this information,
and despite theresults
the results ofa test that showed no
of a urinalysis testthatshowed no bacteria, Nurse Eid diagnosed
diagnosed

home with
with a urinary tract infection and sent chose to send her home
Ms. Bermingham with with

Over the course of August24,

amoxicillin and Tylenol. Overthe Berminghams sepsis
August 24, Ms. Bermingham's

same afternoon she lost consciousness. She

worsened, until in that same
worsened, was taken
She was back to
taken back

Abbott Northwestern Hospital's

Abbott where despite her doctors'
Hospitals emergency department, where doctors

Bermingham died from her previously undiagnosed

best efforts, Ms. Bermingham and untreated
undiagnosed and

severe Had Nurse Eid

severe sepsis. Had Eid chosen to meet the standard of care when evaluatingMs.
care when evaluating Ms.

Bermingham on the morning

Bermingham morning of August 24, instead home, Ms.
instead of sending her home, Ms.

Bermingham's would have

Berminghams sepsis would been caught and treatedwell
havebeencaughtand becoming life-
treated well before becoming life-

threatening.

PARTIES AND JURISDICTION

PARTIES AND JURISDICTION
1. Edward Bermingham
Plaintiff Edward Bermingham IV was the husband
IV was husband of Nicole Bermingham
Nicole Bermingham

Edward Bermingham
at the time of her death on August 26, 2013. Plaintiff Edward Bermingham IVresides
IV resides in

Maricopa County, Arizona. At the time of the events giving rise to this lawsuit,
MaricopaCounty, Mr.
lawsuit, Mr.

Bermingham and
Bermingham Hennepin County, Minnesota.
and his wife resided in Hennepin Minnesota.

2.
2. On November
On Hennepin County
13, 2015, Hennepin
November 13,2015, Court appointed
County District Court Mr.
appointed Mr.

Bermingham
Berminghamas Berminghams next-of-kin pursuant
as Trustee of Ms. Bermingham's Minnesota
pursuant to Minnesota

Statute 573.02.
Statute 573.02. _

86352881.1
86352881.1 2
 27'CV'16'1269
27-CV-16-1269
Fourth Judicial
Filed in Fourth Judicial District Court
1/29/20161:21:47
1/29/2016 1:21:47 PMPM
Hennepin County, MN
Hennepin MN

3.
3. At times, Defendant Emergency
At all relevant times, EmergencyCare PA
Care Consultants, PA

in Hennepin
ECC) was a Minnesota corporation with its registered office inHennepin
(hereafter "ECC")

County at 800 East 28th Street, Minneapolis, Minnesota 55407.

County

4.
4. At all
all relevant Defendant ECC employed
relevant times, and as part of its business, DefendantECC employed

physicians, nurses (including defendant Eid), and other medical professionals

Bid), and professionals-

including at Abbott Northwestern Hospital-for the treatment ofpatients.

of patients. Defendant

ECC
ECC held itself and
and warranted itself to the public as competent, careful, and
itself out and

experienced and treatment of patients

experienced in the care and patients like Ms. Bermingham.
like Ms. Bermingham.

5.
5. ECC is vicariously
Defendant ECC and inactions
liable for the actions and
vicariously liablefor inactions of its

employees, including Upon informationand

including defendant Eid. Upon information and belief, Defendant Patricia
Defendant Patricia

Eid, N.P., has left Minnesota and now

Minnesota and She is a nurse
now lives in Wisconsin. She nurse practitioner

who is or was
who was licensed by the state of Minnesota. Her
licensed by Her primary business address is 257
is 257

West St. George

West George Avenue, Wisconsin 54840.
Avenue, Grantsburg, Wisconsin

6.
6. and personal jurisdiction over Defendants.
This court has subject matter and

Venue is proper in Hennepin

Venue Hennepin County under Minn.
County under Minn. Stat. 542.09.

GENERAL ALLEGATIONS
GENERAL ALLEGATIONS

7.
7. Nicole Bermingham was 30 years old and
Bermingham was and pregnant on
with her first child on
pregnant with

August At approximately 11:15

18, 2013. At
August 18, on that date, Ms.
11:15 p.m. on Berminghams water
Ms. Bermingham's water

broke. Ms. Bermingham was

Ms. Bermingham was admitted Abbott Northwestern
admitted to Abbott Northwestern Hospital ("Abbott")
("Abbott") at

about am. on
12:20 a.m.
about 12:20 on August
August 19, Bermingham began
Ms. Bermingham
19, 2013. Ms. having contractions
began having

several hours later.

several hours later.

86352881.1
86352881.1 3
 27-CV-16-1269
27-CV-16-1269
Judicial District Court
Filed in Fourth Judicial
1/29/20161:21:47
1/29/2016 1:21:47 PMPM
Hennepin County, MN
Hennepin MN

8.
8. Ms. Bermingham was in labor for about 24 hours beforefinally
Bermingham was giving
before finally giving

birth to her son, Edward BerminghamV,

son, Edward am. on
Bermingham V, at 4:20 a.m. on August During the
20, 2013. During
August 20,2013.

delivery, Ms. Bermingham suffered severe vaginal and rectal tearing, which was noted
which was noted

and repaired
repaired by attending obstetrician/gynecologist.
by the attending obstetrician/ gynecologist. Ms. Bermingham was
Bermingham was

from Abbott the next day, on

discharged from August 21,2013.
on August 21, 2013.

9.
9. Ms..Bermingham
After being discharged, Ms.
After Berminghamsuffered from significantrectal
suffered from significant rectal

and vaginal
vaginal pain. On August 23, 2013, two
pain. On two days after being discharged from Abbott,
discharged from

Bermingham began
Ms. Bermingham
Ms. from chills
began to suffer from and nausea. She
chills and began experiencing
She also began

severe back pain and and vaginal pain increased significantly. In the evening
and her rectal and evening

Bermingham had
of August 23, Ms. Bermingham had temperatures of 101.8F and 101.9F. She
101 .8F and She took

and fever. Ms.

and Tylenol for the pain and
ibuprofen and Bermingham and
Ms. Bermingham and her husband
husband (who
(who

were both physician's

were were concerned
physicians assistants) were enough about Ms.
concerned enough Berminghams
Ms. Bermingham's

symptoms that they decided to go

symptoms go to Abbott's department for help.
emergency department
Abbotts emergency

10.
10. and Ms.
Mr. and Bermingham arrived at the Abbott's
Ms. Bermingham Abbotts emergency department
emergency department

in the early morning August 24,2013.

morning of August 24, 2013. At am, Patricia Eid,
At about 3:15 a.m., Eid, a nurse

practitioner, accepted responsibility for Berminghams care. Ms.

Ms. Bermingham's
Ms. Bermingham
Ms. Bermingham

and fever. During

Nurse Eid her symptoms, including her nausea, pain, and
related to Nurse During her

Bermingham, Nurse
Ms. Bermingham,
physical examination of Ms. Nurse Eid noted that Ms. Bermingham was
Ms. Bermingham was

115 beats per minute.

tachycardic with a heart rate of 115

11.
11. AA complete blood showed that Ms.
(CBC) showed
blood count (CBC) Bermingham had
Ms. Bermingham had an
an

blood cell count. It also indicated that Ms.

elevated white blood Bermingham had
Ms. Bermingham had aa "left shift"
shift

bandemia an increased number

along with bandemiaan number of immature
immature white blood cells
White blood cells in her

86352881.1
86352881.1 4
 27-CV-16-1269
27-CV-16-1269
Judicial District Court
Filed in Fourth Judicial
1/29/20161:21:47
1/29/2016 1:21:47 PMPM
Hennepin County, MN
Hennepin MN

blood. These results along with the vital sign changes andcomplaints
blood. that Ms.
and complaints indicated thatMs.

Bermingham was
Bermingham suffering from sepsis.
was sufferingfrom

12.
12. CBC also revealed that Ms. Berminghamhad
The CBC
The Bermingham had a platelet count
count of

50,000, well below This condition,

below the normal range of 150,000 to 450,000. This condition,

is consistent with sepsis. Nurse Eid did notnote

"thrombocytopenia," isconsistent not note the
the presence of
of

thrombocytopenia in her notes and there

there is no indication in the records that she even
she even

when arriving at her misdiagnosis.

considered it when

13. Bermingham also

Ms. Bermingham underwent urinalysisthat
also underwent was
urinalysis that revealed that there was

no bacteria present in her urine.

no

14.
14. presence of a fever,
Despite the presence severe pain, thrombocytopenia,
fever, severe and an
thrombocytopenia, and an

elevated White blood

elevated white and bandemia,
with aa left shift and
count with
blood cell count Nurse Eid
bandemia, Nurse Eid chose not to
chose not to

Bermingham with sepsis.

diagnose Ms. Berminghamwith sepsis. Instead, despite the urinalysis showing no
showing no

Ms. Berminghams
bacteria in Ms. Nurse Eid diagnosed
Bermingham's urine, Nurse Bermingham with
Ms. Bermingham
diagnosed Ms. with aa

infection. Nurse
urinary tract infection. send Ms.
Nurse Eid chose to send Ms. Bermingham home at about
Bermingham home about 5:45

am. on
a.m. on August and Tylenol.
August 24 with a prescription for amoxicillin and Tylenol.

15.
15. same afternoon of August
That same
That August 24,2013,
24, 2013, Ms. Bermingham lost
Ms. Bermingham

and collapsed. She

consciousness and was taken back
She was back to Abbott's emergency department
Abbotts emergency department at

about 6:30
about 6:30 p.m.

16.
16. Upon arrival at Abbott, doctors promptly diagnosed
Upon diagnosed Ms. Bermingham
Ms. Bermingham

and noted
with severe sepsis, and
with was "critically ill."
noted that she was ill. She broad-spectrum
She received broad-spectrum

antibiotics.
antibiotics.

86352861.1
86352881.1
5
 27-CV-16-1269
27-CV-16-1269
Fourth Judicial District Court
Filed in Fourth
1/29/2016 1:21:47
1/29/2016 PM
1:21 :47 PM
Hennepin County,
Hennepin County, MNMN

17.
17. On August 25,2013,
On 25, 2013, an obstetrician/gynecologist,
obstetrician/ gynecologist, an infectious disease

specialist, a hematologist saw Ms. Bermingham and agreed with the diagnosis of
specialist, and ahematologist of

severe sepsis.

18. Ms. Bermingham's to deteriorate over the course of

Berminghams condition continued to

August 25. That afternoon, Ms. Bermingham underwent a total abdominal

Berminghams condition continued to
hysterectomy. However, Ms. Bermingham's began
to worsen. She began

and disseminated
experiencing atrial fibrillation, multiple organ failure, septic shock and

pm. on
about 12:31 p.m.
intravascular coagulation. At about12:31 on August
August 26,2013, Bermingham
26, 2013, Ms. Bermingham

died.
died.

COUNT ONE
COUNT ONE
(Medical Malpractice/Wrongful Death as to Defendant
Malpractice / Wrongful Death Defendant Patricia Eid, R.N.)

19.
19. Bermingham re-alleges all previous paragraphs.
Mr. Bermingham

20.
20. Defendant had a duty to provide medical
Defendant Eid had medical treatment and care to Nicole
treatment and

Bermingham that was

Bermingham medical practice.
was consistent with accepted standards of medical practice.

21.
21. Defendant Eid
Defendant meet accepted
Eid failed to meet standards of medical
accepted standards and
medical practice and

was negligent in the medical care she provided

was Bermingham. These
Ms. Bermingham.
provided to Ms. These departures
departures

and negligence, by
and way of example
by way and not limitation, include:
example and

a. Failing to recognize the signs and symptoms of sepsis during

and symptoms Ms.
during Ms.

Berminghams
Bermingham's emergency department visit on
emergency department August 24,2013;
on August 24, 2013;

b. Choosing and lab work,

Choosing not to consider the results of relevant tests and work,

Berminghams platelet count

Ms. Bermingham's
including Ms. and the results of her
count and her

urinalysis;

86352881.1
86352881.1 6fi
 27-CV-16-1269
27-CV-16-1269
Fourth Judicial
Filed in Fourth Judicial District Court
1/29/2016 1:21:47
1/29/2016 PM
1:21 :47 PM
Hennepin County, MN
Hennepin MN

c. Bermingham to
admit Ms. Bermingham
c. Choosing not to admitMs. to Abbott for treatment on
treatment on

August 24,
August 2013;
24,2013;

d. to have a medical doctor (such as

d. Choosing not to as an infectious disease

see Ms.
obstetrician/ gynecologist) see
specialist or obstetrician/gynecologist) Bermingham on
Ms. Bermingham on

August 24,2013;
August 24, 2013;

e. Choosing not to administer IV antibiotics to treat

e. Berminghams
treat Ms. Bermingham's

August 24,2013;
on August
sepsis on and
24, 2013; and

f.f. Choosingnot inform Ms.

Choosing not to inform Bermingham of the likely
Ms. Bermingham likely results of a delay

in treating her sepsis.

Defendant Eid was

In addition to the departures listed above, Defendant ways negligent
was in other ways negligent

Bermingham.
and treatment of Nicole Bermingham.
in her care and

22.
22. As and proximate
As a direct and Defendant Eid's
proximate result of Defendant Ms.
Eids negligence, Ms.

Bermingham suffered an
Bermingham an unreasonable and treatment
medical delay in the diagnosis and
unreasonable medical treatment of

her
her sepsis and organ failure. As
and organ As a direct result of this unreasonable Ms.
medical delay, Ms.
unreasonable medical

Bermingham died
Bermingham on August
died on August 26,2013.
26, 2013.

COUNT TWO
COUNTTWO
(Medical Malpractice
(Medical / Wrongful Death
Malpractice/Wrongful Death as to Defendant
Defendant ECC)
ECC)

23.
23. Mr. Bermingham re-alleges all previous
Mr. Bermingham previous paragraphs.

24.
24. Defendant ECC is vicariously and/or
Defendant ECC and / or contractually liable for the actions,

inactions, and and

and negligence of its principals, agents, employees, shareholders, and

partners
partners acting in the scope employment, including but
scope of their employment, but not
not limited to

Defendant Eid.
Defendant Eid.

86352881 .1
86352881.1
7
 27-CV-16-1269
27-CV-16-1269
Judicial District Court
Filed in Fourth Judicial
1/29/20161:21:47
1/29/2016 1:21:47 PMPM
Hennepin County, MN
Hennepin MN

25. was acting within the

Defendant Eid was of her employment
the scope of ECC
employment for ECC

while caring for Ms. Bermingham. As a result, ECC is vicariously liable for Defendant
result, ECC
Eids
Eid's negligence.

26. direct and proximate result

As a directand ECCs negligence, by and
result of Defendant ECC's and

through its agents including but not limited to Defendant EidMs.

its employees or agentsincluding Eid Ms.

and treatment of
the diagnosis and
Bermingham suffered an unreasonable medical delay in the of

her sepsis
sepsis and As a result of this unreasonable
and organ failure. As medical delay,
unreasonable medical Ms.
delay, Ms.

Bermingham died on
Bermingham on August
August 26,2013.
26, 2013.

DAMAGES
DAMAGES

27.
27. Bermingham re-alleges
Mr. Bermingham preceding paragraphs.
realleges all preceding

28.
28. As and proximate
As a direct and Defendants negligence, Nicole
proximate result of Defendants' Nicole

Berminghams and in the future will suffer, the loss of past

have suffered, and
Bermingham's next-of-kin have

and future
and future income and business
income and business income and household
income and household services
services in
in an amount to
an amount be
to be

proved at trial, far in excess of fifty thousand

proved thousand dollars.

29.
29. As a direct and
As and proximate Defendants negligence, Nicole
proximate result of Defendants' Nicole

Berminghams next-of-kin have

Bermingham's and in the future will suffer, the loss of the
have suffered, and

companionship, protection, counsel, guidance, aid, future

advice, comfort, assistance, companionship,

and other contributions Ms.

relationships and Bermingham would
Ms. Bermingham have provided
would have them
provided to them

had she lived, and

had and other pecuniary loss, all to their damage sum far in excess of fifty
damage in a sum

thousand dollars.
thousand dollars.

30.
30. As a direct and
As and proximate Defendants negligence, Nicole
proximate result of Defendants'

Berminghams next-of-kin
Bermingham's and related expenses,
have incurred medical, funeral, burial, and
nextof-kin have

86352881.1
86352881.1
88
 27-CV-16-1269
27-CV-16-1269
Judicial District Court
Filed in Fourth Judicial
1/29/20161:21:47
1/29/2016 1:21:47 PMPM
Hennepin County, MN
Hennepin MN

all in an amount to be proved at trial far inexcess

all to their damage inanamount in excess of fifty thousand

dollars.
dollars.

PRAYER FOR
PRAYER RELIEF
FOR RELIEF

WHEREFORE, Plaintiff
WHEREFORE, PlaintiffEdward Bermingham IV
Edward Bermingham IV prays for judgment against
judgment against

and each of them, in an

Defendants, and amount in excess
an amount with costs,
excess of $50,000, together with

disbursements, prejudgment interest, and and further relief

and such other and relief as this court

deems just and

deems and appropriate.

A JURY
A DEMANDED BY
TRIAL IS DEMANDED
JURY TRIAL BY PLAINTIFF.
PLAINTIFF.

ROBINS KAPLAN
ROBINS KAPLAN LLP
LLP

1: l/lM/lfc
Dated: ll
WH 1 Q
'*>
I
By:
By:.
Chris #1 309
Ihris Messerly, #177309
Daniel R.
Daniel R. Burgess 389976
Burgess #389976

2800 LaSalle
2800 Plaza
LaSalle Plaza
800 LaSalle
800 Avenue
LaSalle Avenue
MN
55402
Minneapolis, MN 55402
612-349-8500
612-349-8500
[email protected]
[email protected]
[email protected]
[email protected]

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR PLAINTIFF

86352881 .1
86352881.1 9
 27-CV-16-1269
27-CV-16-1269
Judicial District Court
Filed in Fourth Judicial
1/29/20161:21:47
1/29/2016 1:21:47 PMPM
Hennepin County, MN
Hennepin MN

ACKNOWLEDGMENT REQUIRED BY
ACKNOWLEDGMENT REQUIRED BY MINN.
MINN. STAT.
STAT. 549.211, SUBD. 22
549.211, SUBD.

The undersigned
The hereby acknowledges that, pursuant to Minn. Stat.
undersigned hereby 549.211,

subd. 2,
2, costs,
costs, disbursements, and and witness
and reasonably attorney and may be
Witness fees may be

awarded to the opposing party or parties in this litigation if the Court

awarded Court should
should find that

bad faith,
the undersigned acted in bad claim or defense
faith, asserted a claim and that
defense that is frivolous and

is costly an unfounded
costly to the other party, asserted an unfounded position solely
solely to delay the ordinary

upon the Court.

committed a fraud upon
course of the proceedings or to harass, or committed

ROBINS KAPLAN LLP

ROBINS KAPLAN LLP

Dated:
Dated : t/H/16
l l 5 By:
(Chris #17r7309
Zhris Messerly, #1/7309
Daniel R. Burgess #389976
Daniel R. Burgess #389976

2800 LaSalle
2800 Plaza
LaSalle Plaza
800 LaSalle
800 Avenue
LaSalle Avenue
MN
55402
Minneapolis, MN 55402
612-349-8500
612-349-8500
CMesserlt(@RobinsKa2lun.com
[email protected]
DBurgess@RobinsKuylunmm
[email protected]

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR PLAINTIFF

86352881.1 10