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Ingram Lawsuit Amendment

Allegation in lawsuit against St. Vincent's Hospital by Kyle and Macy Ingram that it "allowed material evidence [the placenta] to be destroyed" when it "had actual knowledge of the devastating nature of [their newborn son Hayden's] injuries."

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Roy S. Johnson
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43K views

Ingram Lawsuit Amendment

Allegation in lawsuit against St. Vincent's Hospital by Kyle and Macy Ingram that it "allowed material evidence [the placenta] to be destroyed" when it "had actual knowledge of the devastating nature of [their newborn son Hayden's] injuries."

Uploaded by

Roy S. Johnson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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DOCUMENT 8

ELECTRONICALLY FILED
8/28/2020 4:30 PM
01-CV-2020-902915.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
JACQUELINE ANDERSON SMITH, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA

HAYDEN MAC INGRAM, A MINOR, who


sues by and through his parents and next
friends, Brady and Macy Ingram; BRADY INGRAM,
individually; and MACY INGRAM, individually,
CIVIL ACTION NO.
PLAINTIFFS,
CV-2020-902915 - DEB
V.
ST. VINCENT’S BIRMINGHAM,
DEFENDANT.

PLAINTIFFS’ FIRST AMENDMENT TO COMPLAINT

Come now the Plaintiffs and, in addition to adopting the allegations of the twenty-two

numbered paragraphs in the original Complaint, amend the Complaint by adding the following

allegations regarding conduct of Defendant St. Vincent’s:

SPOLIATION OF EVIDENCE

23. Pursuant to an order entered on July 16, 2020, by Nurse Amber Hulsey, at the time

of Macy’s admission through the emergency department, the placenta was to be held for at least

seven days.

24. On July 17, 2020, Macy’s placenta was spontaneously delivered following

Hayden’s birth and, according to the delivery summary created at the time, the placenta was not

to go to pathology. After delivery, Hayden was doing well, and the doctors had no reason to send

the placenta to pathology.

25. On July 21, 2020, the day of the meeting between St. Vincent’s personnel and the

Ingrams referenced in paragraph eight above, a note was entered at 11:35 CDT by Lindsay Pritchett
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DOCUMENT 8

Pendleton, R.N., regarding “information needed to send placenta.”

26. Based on records obtained from Cunningham Pathology, the placenta was received

on July 21, 2020. A surgical pathology report, with final diagnosis, was electronically signed by

Delicia Munfus-McCray, M.D., at 2:10 p.m. on July 23, 2020.

27. On August 3, 2020, plaintiffs’ counsel wrote to Stacy Bissonnette, Senior Claims

Analyst for Ascension Risk Services, to advise Defendant St. Vincent’s of the impending litigation

for the devastating brain damage Hayden suffered which was directly and proximately caused by

the systems’ failure which misstated and reported Macy’s GBS status. As well, plaintiffs’ counsel

requested that Ms. Bissonnette and Defendant St. Vincent’s take immediate action to preserve

anything that might be evidence in this lawsuit.

28. On August 10, 2020, plaintiffs’ counsel talked with a representative at Cunningham

Pathology and learned that the placenta had been destroyed. When the placenta was delivered from

St. Vincent’s, no instructions were given by St. Vincent’s to Cunningham Pathology to preserve

the placenta and, pursuant to their customary practice, the placenta was destroyed. The blocks,

sections, slides and other media are presently maintained at Cunningham Pathology.

29. On July 21, 2020, Defendant St. Vincent’s had actual knowledge of the devastating

nature of Hayden’s injuries, including the role played by the incorrect reporting of GBS negative

status and the failure of the correct GBS positive report to be posted to Macy’s labor and delivery

chart in the electronic health record. Further, on August 3, 2020, Defendant St. Vincent’s received

actual notice from plaintiffs’ counsel of the impending litigation and was advised of its duty to

take immediate action to preserve anything that might be considered evidence in this case. Under

those circumstances, Defendant St. Vincent’s had actual knowledge that the placenta was material

evidence and it was under an affirmative duty to preserve the placenta through communication

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DOCUMENT 8

with Cunningham Pathology that the placenta should be returned to St. Vincent’s upon completion

of the requested pathology evaluation. St. Vincent’s was in custody and control of crucial evidence

relevant to the claims and defenses in litigation which was foreseeable and likely under the

circumstances. In litigation, as here, where Defendant St. Vincent’s is likely to contest causation,

the placenta is critical, material evidence which St. Vincent’s has negligently allowed to be

destroyed. It is unknown whether sufficient evidence remains at Cunningham Pathology to allow

plaintiffs’ experts to do a thorough pathology examination and provide accurate opinions based

upon the blocks, tissue and slides currently maintained at Cunningham Pathology.

30. This amendment is intended to make St. Vincent’s aware of these allegations under

the Alabama Medical Liability Act, as well as to provide Defendant St. Vincent’s with actual

notice that it has allowed material evidence to be destroyed. Further, notice is hereby given that

discovery will be directed to those involved at St. Vincent’s and Cunningham Pathology regarding

destruction of the placenta. If plaintiffs’ experts have been prejudiced by the destruction of this

material evidence and they are unable to form opinions based upon the preserved tissue and slides,

plaintiffs’ counsel will ask the Court to charge the jury on APJI 15.12 - Spoliation of Evidence by

Defendant.

WHEREFORE, PREMISES CONSIDERED, plaintiffs claim of the defendants, including

those fictitiously described herein, separately and severally, compensatory and punitive damages

in an amount to be determined by the jury.

/s/ D. Leon Ashford


D. Leon Ashford (ASH001)
Ralph D. Cook
Devan L. Byrd
Attorneys for Plaintiff

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DOCUMENT 8

HARE, WYNN, NEWELL & NEWTON, LLP


2025 Third Avenue North, Suite 800
Birmingham, AL 35203
Telephone: (205) 328-5330
Fax: (205) 324-2165
E-Mail: [email protected]
[email protected]
[email protected]

PLAINTIFF DEMANDS TRIAL BY STRUCK JURY IN THIS CAUSE.

/s/D. Leon Ashford


OF COUNSEL

Plaintiffs’ Address:

2685 Ingate Road


Centreville, Alabama 35042

Serve Defendant by Certified Mail:

St. Vincent’s Birmingham


C/O Corporation Service Company, Inc.
641 South Lawrence Street
Montgomery, AL 36104

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