HomeMy WebLinkAbout780398.tiff -
" STATE OF COLO L1DO, ; III I
}ss. D.V....... . .
,I COant, of Weld
29687
V.VIL wT:Oli Co i
aTA 0L
TROY ALAN WEINBENDER, and infant by and COUNTY OF WELD
SE
! through nis parents and ne c nest friends t lieu with thc C,-,-R of the Board
I r , v
LARRY A. WEINBENDER and VICKI L. 1�INBENDER, r of County Commissioners
and F E f3 .� 7 )gj
LARRY A. WEINBENDER and VICKI L. WEINBENDER, ';
11 li
,
i vs.
COUNTY CLERK IMO NECORER
i By
WELD COUNTY GENERAL HOSPITAL, I
THE BOARD OF COUNTY COmmISSI0NERS OF THE QT i i ...V_ IN
COUNTY OF WELD, h..)�.J i`/ I I
THE BOARD OF TRUSTEES FOR WELD COUNTY
GENTERA&..RO5FITAL, j:
JOHN DOE I, JOHN DOE II, and JOHN DOE III,
I I
I 1 DEFEh DANT S
1II
Tfl PEOPLE OF TEE STATE 02 COLO.: .Do, �?,
TO THE DEFENDANT S LEOVE ♦\ T�' D—i. ,,2ZTING:
You are hereby summoned and required to file with the Clerk an answer to the complaint within 20
days after service of this summons upon you. If you fail so to do, judgment by default will be taken against
you for the relief demanded in the complaint.
If service upon you is made outside the State of Colorado,or by publication, ar if a copy of the con:- I
I plaint be not served upon you with this summons, you are required to die your answer to the complaint
I within 30 days after service of this summons upon you.
I
This is an action`
founded upon tort as fully setforth I
I
c.II in the First Amended Complaint attached hereto II
H II
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I February 8 78 ��G % /�� / -, z// I
Dated: , 19 .�_. //,� : I
'll Rol-urt C. ..:uJ;rough , 1?...-1/4.:.
j: Attorney for Plaint ff II
.Il MARY M. CONNELL, 115 Second Avenue lI
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Clerk of said Court Ault, Colorado 80610 I
Telephone; 834-1333II
By I II
Deputy Clerk I
III (Seal of Court)
WARNING: If this Summons does not contain the docket number of the
civil action, then the Complaint may not now be on file with iii
the Clerk of the Court. The Complaint must be filed within ;.I
ten days after the Summons is served, or the COURT WILL BE I!
. WITHOUT JURISDICTION TO PROCEED FURTHER AND THE ACTION WILL
BE DISMISSED WITHOUT PREJUDICE AND WITHOUT FURTHER NOTICE.
Information from the Court concerning this civil action may
not be available until ten days after the Summons is served. "
Adopted by the Court en banc this 29th day of December, 1976
to be effective April 1, 1977 .
(.SIfAL OF COURT)
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NOTE.—This summons is issued pursuant to Rule 4, Colorado Rules Civil I i
Procedure.
etC 780398
. l �D
•If the summons is published or served without a copy of the comp hint,after the word "action"state the reh.,:.,e.asn.:5.. I i
If body execution is sought the summmis 10hi ..et,r 0 ' found,• . ii,”,,, i,, r. 7----)7----)L5eaC � , c _ g-:-:2-5k/7ii
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IN THE DISTRICT COURT IN AND FOR THE
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No. 29687
TROY ALAN WEINBENDER, an infant by and )
through his parents and next best friends )
LARRY A. WEINBENDER and VICKI L. WEINBENDER; )
and LARRY A. WEINBENDER and )
VICKI L. WEINBENDER, )
)
Plaintiffs, ) FIRST AMENDED
COMPLAINT
vs. )
)
WELD COUNTY GENERAL HOSPITAL, )
THE BOARD OF COUNTY COMMISSIONERS OF THE )
COUNTY OF WELD, THE BOARD OF TRUSTEES FOR )
WELD COUNTY GENERAL HOSPITAL, JOHN DOE I, )
JOHN DOE II, and JOHN DOE III, )
)
)
Defendants. )
COMES NOW the plaintiffs, by and through their attorney Robert C.
Burroughs, and complain and allege as follows:
I
Plaintiffs are residents of the Town of LaSalle, County of Weld,
State of Colorado.
II
That at all times hereinafter mentioned, Weld County General
Hospital was and still is a County Hospital established and maintained by
the Defendant, The Board of County Commissioners of the County of Weld,
and that at all times hereinafter mentioned, the Defendant, Board of
Trustees for Weld County General Hospital was and still is a body corporate
appointed by the Defendant, The Board of County Commissioners of the County
of Weld with powers and duties as established by C.R.S. 1973 25-3-304.
III
That at all times hereinafter mentioned one or more of the John
Doe defendants were believed to be and are still believed to be a physician
and/or surgeon duly licensed to practice his profession as provided by the
laws of the State of Colorado.
IV
Defendants John Doe I, John Doe II and John Doe III's true names,
capacities and locations are unknown to plaintiffs at this time. Therefore,
plaintiffs pray leave to amend this Complaint to conform to the `aces
when the true names and capacities of said defendants are ascertained.
V
Plaintiff Troy Alan Weinbender, date of birth March 7, 1973,
was admitted to Weld County General Hospital on or about January 23, 1976
for the purpose of testing of the urinary tract for possible infection.
VI
That on or about January 28, 1976 it was discovered that during
such period of the hospitalization of the plaintiff, Troy Alan Weinbender,
and while said plaintiff was a patient at Weld County General Hospital,
one or more of the John Doe defendants, in endeavoring to insert a catheter
into the body of the plaintiff, Troy Alan Weinbender, did not exercise the
degree of care or skill or did not possess the degree of knowledge
ordinarily exercised, possessed and expected of the average physician,
surgeon or intern, acting in the same or similar circumstances in the
following particulars:
(a) The insertion of the catheter was negligently performed
in that minor surgery was required to dilate the bladder opening
as a result of the negligent insertion.
(b) Upon the removal of the negligently inserted catheter,
the plaintiff, Troy Alan Weinbender was believed to have passed
an abundance of blood through his penis as a result of said
negligent insertion, as he subsequently related to his parents
that "they cut off my pee-pee."
VII
In performing the negligent and unskillful act herein set out,
one or more of the John Doe defendants was the agent, servant, and employee
of defendants Weld County General Hospital and The Board of Trustees for
Weld County General Hospital, and was acting within the scope of his or
their employment as such agent, servant, and employee, and with the permission
and consent of the defendants Weld County General Hospital, The Board of
Trustees for Weld County General Hospital and/or The Board of County
Commissioners of the County of Weld.
-2-
VIII
That now and at all times since the insertion of the catheter
in a negligent manner into the body of plaintiff, Troy Alan Weinbender,
said plaintiff has and continues to have fevers of unknown origin, a
restricted urine stream, and medical problems which affect his general
well being.
IX
That due to the tender age of the plaintiff, Troy Alan
Weinbender, and due to lack of information presently available to
plaintiffs concerning the extent of the injuries sustained by said
plaintiff as a result of the negligently inserted catheter, plaintiffs
pray leave to amend this Complaint to conform to the amounts of damages
sustained by plaintiff at such time that the extent of the injuries
should become known.
X
As a proximate result of the negligence of one or more of the
defendants, as alleged above, and of the injuries resulting to the
plaintiff, Troy Alan Weinbender, plaintiff required and obtained additional
medical, hospital, and nursing care and attention of a reasonable value yet
to be determined; and in the future it is believed that it will be necessary
for the plaintiff to secure further medical, hospital, and nursing care
and attention of a reasonable value yet to be determined when the full
extent of injuries to the plaintiff, Troy Alan Weinbender, have become
known, all to his damage in a sum yet to be determined.
XI
As a further proximate result of the negligence of one or more
of the defendants, as alleged above, and of the injuries, the extent of
which are yet to be determined, plaintiff Troy Alan Weinbender has endured
severe pain and suffering and mental anguish; and plaintiffs believe that
the distinct possibility exists, and based thereon alleges that in the
future and possibly for the remainder of his life, he may possibly endure
severe pain and suffering and mental anguish, all to his damage in an
amount yet to be determined when the full extent of plaintiff's injuries
become known.
XII
As a further proximate result of the negligence of one or more
of the defendants, as alleges above, and of the injuries resulting to
plaintiff, Troy Alan Weinbender, plaintiff may be permanently impaired
and without normal use and functioning of his sexual organs or may have
been permanently deprived of the ability to sire children and may suffer
therefrom severe mental anguish, embarrassment, humiliation and mortification,
and would continue to suffer such mental anguish, embarrassment, humiliation
and mortification in the future, all to his damage in an amount yet to be
determined when the full extent of plaintiff's injuries become known.
XIII
Plaintiffs are informed and believe that the possibility exists,
and based thereon alleges that the injuries proximately resulting from one
or more of the defendant's negligence, all alleged above, may be of a
permanent and lasting nature and therefore would or may result in some
permanent disability to plaintiff Troy Alan Weinbender, all to his damage
in an amount yet to be determined when the full extent of plaintiff's
injuries become known.
XIV
As a further proximate result of the negligence of one or more
of the defendants, as alleged above, and of the injuries resulting to
plaintiff, Troy Alan Weinbender, plaintiff has and may in the future suffer
serious nervous shock and general impairment of his bodily systems, and
it is possible that his health may be greatly impaired for the rest of his
life, all to his damage in an amount yet to be determined when the full
extent of plaintiff' s injuries become known.
WHEREFORE, plaintiffs pray for judgment against defendants in a
sum yet to be determined at such time as the full extent of plaintiff's
injuries become known, plus interest, costs of this action and for such
other and further relief as to the Court shall seem proper.
PLAINTIFFS REQUEST TRIAL BY A JURY Oj-St PERSONS %
Robe±t C. Burroughs . 7
Attorney for Plaintiffs '
C.S.C. Reg. No. 1428
115 Second Avenue
Ault, Colorado 80610
Telephone: 834-1333
Plaintiffs address:
P.O. Box 180
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