Fraud Charged in Chelation-Related Death

Stephen Barrett, M.D.

The survivors of Susan Alexander, a 56-year-old woman who died in 2002, are suing Progressive Medical Group (PMG), several of its staff members, and Metametrix (a laboratory that offers nonstandard tests) The suit accuses the defendants of negligence, fraud, racketeering, and wrongful death. According to the complaint, Ms. Alexander's heart stopped beating during chelation therapy for alleged lead poisoning that had been diagnosed with a fraudulent test.

Chelation proponents claim that their procedure is safe and effective against coronary atherosclerosis. However, there is no scientific evidence that this is true, and Federal Trade Commission has obtained a cease-and-desist order prohibiting the American College of Advancement of Medicine from advertising any such claim.

Progressive Medical Centers of America Inc., was formed after Susan Alexander was treated. During preliminary proceedings, the plaintiffs concluded that it was not a "successor corporation" and therefore would not be liable for what had happened before its formation. Accordingly, in February, 2005, they voluntarily dismissed it as a defendant. In 2006, based on the evidence obtained through the discovery process, the plaintiffs dismissed the claims against Metametrix, Inc. that were based on allegations of fraud and violations of the Georgia RICO statute, including all related claims for punitive damages. The remaining claims against Metametrix were settled by an agreement with confidential terms. Siegel was also dismissed as a defendant.

The suit continues against the other defendants.

IN THE STATE COURT OF DEKALB COUNTY
STATE OF GEORGIA

MABEL ALEXANDER, individually,
and EDWIN ALEXANDER,
as legal representative of the Estate
of SUSAN ALEXANDER, deceased,
Plaintiffs,

vs.

PROGRESSIVE MEDICAL GROUP, INC.,
PROGRESSIVE MEDICAL CENTERS OF AMERICA, LTD.,
CRAIG DAMIEN BUTLER,
VIKTOR BOUQUETTE, M.D.,
MARVIN REICH, M.D., GEZ AGOLLI,
DAVID SIEGEL, P.A., and
METAMETRIX, INC.,
Defendants.

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CIVIL ACTION

FILE NO. 03A-12798-2

JURY TRIAL DEMANDED

COMPLAINT

Plaintiffs Mabel Alexander, individually, and Edwin Alexander, as the legal representative of the Estate of Susan Alexander, deceased, file the following Complaint:

PARTIES, JURISDICTION AND VENUE

1. Edwin Alexander is the brother of Susan Alexander and the legal representative of her Estate.

2. Mabel Alexander is the mother and sole surviving parent of Susan Alexander, deceased, who is not survived by a spouse or child.

3. Progressive Medical Group, Inc. (hereinafter referred to as "PMG") is a Georgia corporation with its principal place of business and registered agent in DeKalb County.

4. Progressive Medical Centers of America, Ltd.. (hereinafter referred to as "PMCA") is a Georgia corporation with its principal place of business in DeKalb County and its registered agent in Fulton County.

5. Craig Damien Butler is an individual and an employee, officer and/or shareholder of PMG.

6. Viktor Bouquette, M.D. is a physician licensed to practice medicine in Georgia and is an employee, officer and/or shareholder of PMG.

7. Marvin Reich, M.D. is a physician licensed to practice medicine in Georgia and is an employee, officer and/or shareholder of PMG.

8. Marvin Reich, M.D. is the registered agent for PMG.

9. David Siegel is a licensed physician's assistant in Georgia and was previously employed by PMG.

10. Gez Agolli is an individual and an employee, officer and/or shareholder of PMG.

11. Metametrix, Inc. is a Georgia corporation with its principal place of business in Gwinnett County, and its registered agent in Fulton County.

12. This court has personal jurisdiction over all parties.

13. Venue is proper in DeKalb County.

FACTS RELEVANT TO ALL COUNTS

14. Defendant Butler was and/or is the Chief Operating Officer of PMG.

15. Defendant Butler was issued a license to practice medicine in Georgia on February 9, 1977.

16. Defendant Butler is no longer licensed to practice medicine in Georgia.

17. Defendant Butler did not retire voluntarily from the practice of medicine.

18. On June 23, 1997, the Georgia Composite Board of Medical Examiners ("Board") indefinitely suspended Defendant Butler's license to practice medicine and on eventually revoked Defendant Butler's license to practice medicine.

19. Defendant Butler is a convicted felon.

20. Defendant Butler's felony convictions involved fraud arising out of his medical practice.

21. Defendant Butler's conduct which led to his felony conviction included:

(a) providing medical services which were unapproved by the Board; and

(b) billing for services which he did not provide.

22. As a condition to having Defendant Butler's medical license reinstated, the Board ordered Butler to complete a Board-approved three-year residency.

23. As a condition to having Defendant Butler's medical license reinstated, the Board ordered Butler to pay a $5,000 fine.

24. As a condition to having Defendant Butler's medical license reinstated, the Board ordered Butler to complete a Board-approved course in Medical Ethics.

25. Upon the suspension of his medical license, Defendant Butler was forced to surrender his license to prescribe drugs to the Drug Enforcement Agency.

26. Following the revocation of his medical license, Craig Damien Butler petitioned the Board to have his license reinstated.

27. At its April 8, 2002 meeting, the Board voted to deny Butler's request to reinstate his Georgia medical license.

28. The Board based its decision not to reinstate Defendant Butler's license, in part, on Butler's failure to comply with the terms of previous Board orders.

29. Butler appealed the Board's April 8, 2002 decision.

30. At a June 7, 2002 hearing before the Board, Defendant Butler admitted he had not paid the $5,000 fine.

31. At a June 7, 2002 hearing before the Board, Defendant Butler admitted that he had not completed the three-year residency.

32. On June 7, 2002, the Board upheld its April 2002 decision to deny reinstatement of Craig Damien Butler's license to practice medicine in Georgia.

33. On July 10, 2002, the Board again upheld the decision to deny reinstatement of Craig Damien Butler's license to practice medicine in Georgia.

34. The Board denied Craig Damien Butler's petition to have his license reinstated.

35. Despite having his license revoked, Craig Damien Butler continued to practice medicine in Georgia.

36. On October 24, 2002, the Board issued to Defendant Butler an order to "Cease and Desist" the practice of medicine immediately.

37. On February 7, 2003, Craig Damien Butler entered into a voluntary Cease and Desist order with the Board.

38. The October 24, 2002, "Cease and Desist" Order and Defendant Butler's February 7, 2003 order with the Board both arose out of Defendant Butler's activities at Defendant PMG.

39. Defendants Butler and PMG continue to represent Defendant Butler as "M.D." and represent to patients at PMG that Defendant Butler is a part of the "Medical Team" at PMG.

40. Marvin Reich is the Medical Director of PMG.

41. Defendant Reich is a medical doctor who is or has been licensed to practice medicine in Georgia, New York and Florida.

42. Defendant Reich's medical license in Georgia is in ophthalmology.

43. On or about January 15, 2002, the State of Florida Board of Medicine (hereinafter "Florida Board"), reprimanded Defendant Reich, imposed a $10,000 fine on Defendant Reich, required Defendant Reich to perform 100 hours community service, to attend three (3) hours of continuing medical education in the area of ethics, to attend the USF Drug Course, to pay $18,000 costs and permanently restricted Defendant Reich's license to ophthalmology.

44. The Florida Board's January 15, 2002 Order was based on charges that Defendant Reich ordered excessive and inappropriate testing on patients, failed to appropriately prescribe medication, inappropriately prescribed and/or dispensed legend drugs, and failed to keep detailed and accurate records.

45. According to the Florida Board, Defendant Reich treated patients for thyroid conditions despite laboratory test results showing no thyroid abnormalities in such patients.

46. On or around August 30, 2002, the New York State Board of Professional Medical Conduct suspended Defendant Reich's license to practice medicine, imposed a fine on Defendant Reich and conditioned any reinstatement of Defendant Reich's license, among other things, on Reich restricting his practice to ophthalmology.

47. Defendant Agolli is not a medical doctor.

48. Defendant Agolli has never been licensed as a physician or physician's assistant in Georgia.

49. PMG provides healthcare services to patients.

50. As part of its operation, PMG offers patients treatment from medical doctors, physician's assistants, naturopaths, dieticians and nutritionists.

51. As a means of inducing members of the public at large to use the services of PMG, PMG purchases advertisements through print and electronic media.

52. As a means of inducing potential patients to use the health-related services of PMG, PMG maintains a web site and prints promotional and/or informational materials.

53. As a means of inducing potential patients to use the health-related services of PMG, PMG's promotional and/or informational materials, including its web site, include short biographies of staff members under the general title "Medical Team."

54. Among the biographies included in PMG's promotional and/or informational materials under the general title "Medical Team" are Defendants Butler, Reich, Agolli and Bouquette.

55. In its promotional and/or informational materials, as well as generally, PMG and Butler use the titles "Dr." and "M.D." in conjunction with Defendant Butler's name.

56. In its promotional and/or informational materials, as well as generally, PMG represents that Defendant Butler is retired from the practice of medicine.

57. In it promotional and/or informational materials, as well as generally, PMG and Agolli use the title "Dr." in conjunction with Defendant Agolli's name.

58. As part of his duties at PMG, Defendant Butler conducts an initial meeting with prospective patients who visit PMG.

59. During his initial meeting with prospective patients, Defendant Butler represents that he is the "patient advocate" at PMG and has the responsibility to guide patients during their treatment at PMG.

60. On August 10, 2000, Susan Alexander visited PMG for the first time.

61. On August 10, 2000, Susan Alexander met with Defendant Butler.

62. From August 10, 2000 until her death on June 17, 2002, Susan Alexander was a patient at PMG.

63. During her treatments at PMG, Susan Alexander received health related treatment from Defendant Agolli.

64. During her treatments at PMG, Susan Alexander received health-related treatment from Defendant Bouquette.

65. During her treatments at PMG, Susan Alexander received health-related treatment from Defendant Siegel.

66. Among other diagnoses, PMG informed Susan Alexander she suffered from "Leaky Gut Syndrome."

67. Leaky Gut Syndrome is not a condition which is recognized generally in the medical community.

68. Among other diagnoses, PMG informed Susan Alexander she suffered from lead toxicity in her blood.

69. Susan Alexander did not suffer from lead toxicity in her blood.

70. Among other things, PMG prescribed and/or recommended and/or sold the following substances for Susan Alexander:

(a) B-complex
(b) Calcium
(c) Capryl
(d) Dietary Supplements
(e) Folic Acid
(f) Garlic
(g) Ginseng
(h) Glucosamine Chondroitin complex with Vitamin C and Manganese
(i) Goldenseal
(j) L-Glutamine
(k) Mineral Supplement (Contains Magnesium and Potassium Asporotates with Bromelain)
(l) Multivitamin
(m) Prenenolone
(n) Primadophilus Bifuis (Probiotic)
(o) Uva Ursi (Bearberry)
(p) Vitamin C
(q) Vitamin E

71. PMG collected urine specimens from Susan Alexander for lab analysis.

72. PMG sent Susan Alexander's urine specimen to Defendant Metametrix for analysis.

73. Defendant Metametrix reported that Susan Alexander's urine specimen contained abnormally high levels of lead.

74. PMG diagnosed excessive amounts of lead by means of a "urine DMSA challenge" test.

75. The "urine DMSA challenge" test is not a test which is accepted in medicine.

76. Defendant Metametrix knew or should have known the laboratory analysis was unreliable.

77. PMG knew or should have known the laboratory analysis was unreliable.

78. PMG used the unreliable laboratory analysis as a basis to prescribe treatment to reduce lead levels in Susan Alexander.

79. PMG prescribed and performed chelation therapy for Susan Alexander.

80. PMG did not continuously monitor Susan Alexander's vital signs during the course of each chelation treatment.

81. On June 17, 2002, Susan Alexander collapsed during the course of a chelation therapy treatment.

82. On June 17, 2002, Susan Alexander had a seizure.

83. The staff at PMG began CPR but had no supplies on hand to begin Advanced Cardiac Life Support.

84. Susan Alexander was transported from PMG to Emory Dunwoody Medical Center via EMS in full cardiac arrest.

85. The Emergency Room physicians and EMS staff enacted full Advanced Cardiac Life Support protocols but were unable to save Susan Alexander's life.

86. In accordance with O.C.G.A. § 9-11-9.1, Plaintiffs attach hereto the affidavit of Robert Baratz, M.D., which sets forth negligent acts and the factual basis therefore.

COUNT ONE
PROFESSIONAL NEGLIGENCE
AGAINST DEFENDANTS BOUQUETTE, SIEGEL & PMG

87. Paragraphs 1 through 86 are hereby realleged and incorporated as if fully set forth herein.

88. The standard of care required that the prescription of chelation therapy be based on findings from valid and accurate tests.

89. The use of an inaccurate test created a risk of suggesting that Susan Alexander had a condition which she did not, in fact, have, and that she would thus undergo unnecessary treatment which could mask or aggravate other disease states.

90. Defendants Bouquette, Siegel and PMG's failure to accurately and completely record findings in Susan Alexander's record, and failure to perform a thorough and competent history and physical examination, created a circumstance whereby her clinical conditions were not being accurately recorded, detected, and monitored, thus potentially delaying necessary treatment.

91. Susan Alexander's patient chart at PMG is below minimum standards for the profession because it does not provide a clear and legible record of a differential diagnosis of the patient and does not provide a reasonably clear statement as to the patient's condition and prognosis.

92. A minimally competent physician or physician's assistant would keep a chart which legibly states the patient's signs and symptoms, the diagnosis, and the plan for further testing (including rationale) for treating the patient.

93. In treating cases of lead toxicity, the first line of treatment is to remove the source of lead of lead exposure and separate the patient from the source.

94. The single best diagnostic test for lead exposure is the blood lead level (BLL).

95. The BLL is the only test for lead exposure recognized by the American Medical Association (AMA) and the Occupational Safety and Health Administration (OSHA).

96. PMG never ran a BLL test on Susan Alexander.

97. An indirect measure of exposure and a physiological marker for the biologically harmful effects of lead is erythrocyte protoporphyrin (EP) or zinc protoporphyrin (ZPP).

98. PMG never measured Susan Alexander's EP or ZPP.

99. According to the standard of care, chelation should be reserved for those with severe lead toxicity, as demonstrated by blood lead levels.

100. Defendants Bouquette, Siegel and PMG breached the standard of care by taking, requesting and using invalid tests as a basis for prescribing Chelation Therapy.

101. The standard of care requires that patients undergoing Chelation Therapy must be continuously monitored.

102. Defendants Bouquette, Siegel and PMG failed to monitor Susan Alexander appropriately during chelation therapy treatments.

103. Defendants Bouquette, Siegel and PMG, at all times material hereto, failed to follow the standard of care required while conducting Chelation Therapy on Susan Alexander.

104. Defendants, failure to monitor the status of Susan Alexander during her chelation therapy proximately caused Susan Alexander's pain, suffering and ultimate death.

COUNT TWO
PROFESSIONAL NEGLIGENCE
AGAINST DEFENDANTS BOUQUETTE, BUTLER & PMG

105. Paragraphs 1 through 104 are hereby realleged and incorporated as if fully set forth herein.

106. The standard of care required that Defendants Butler, Bouquette, and PMG inform Susan Alexander that Defendant Butler was not a licensed physician.

107. The standard of care required that Defendants Butler, Bouquette, Reich and PMG do nothing and condone nothing which would give the impression to Susan Alexander that Defendant Butler was a licensed physician.

108. Defendants Butler, Bouquette, and PMG breached the standard of care by failing to inform Susan Alexander that Defendant Butler was not licensed to practice medicine and by creating the impression that Defendant Butler was a licensed physician.

109. Defendants Butler, Bouquette and PMG's failure to inform Susan Alexander that Defendant Butler was not a licensed physician in Georgia proximately caused Susan Alexander's pain, suffering and ultimate death.

COUNT THREE
CIVIL RICO CLAIMS AGAINST DEFENDANTS
BUTLER, PMG, AGOLLI, REICH, BOUQUETTE AND METAMETRIX

110. Paragraphs 1 through 109 are hereby realleged and incorporated as if fully set forth herein.

111. Defendant Metametrix and Defendants Butler, PMG, Agolli, Reich and Bouquette, at all times material hereto, operated as enterprises as defined by O.C.G.A. § 16-14-3(6).

112. Defendants Butler, PMG, Agolli, Reich and Bouquette intentionally misrepresented Defendants Butler and Agolli's status as physicians and or licensed healthcare providers to gain the trust of Susan Alexander for a professional patient evaluation and health care plan.

113. Defendants Metametrix, Butler, PMG, Agolli, Reich and Bouquette intentionally misrepresented the validity of laboratory results as a pretext for justifying treatment to Susan Alexander in return for payment.

114. Susan Alexander relied on Defendants, intentional misrepresentations to submit and consent to care, medications and treatments prescribed by Defendants.

115. Susan Alexander was induced to submit to treatments, care and medications because of Defendants, intentionally misrepresented patient evaluation and care plan.

116. Susan Alexander submitted to medical services of Defendants because Defendants falsely told Susan Alexander she had toxic levels of lead in her body.

117. Defendants intended that Susan Alexander rely on Defendants, misrepresentations.

118. Susan Alexander submitted to medical services that were deceitfully performed by Defendants.

119. Defendants failed to disclose all information to Susan Alexander regarding her medical condition and the medical services she was paying for.

120. Susan Alexander paid Defendant for medical services that arose from the improper patient evaluation and care plan.

121. Defendants unlawfully acquired Susan Alexander's money for services deceitfully performed on Susan Alexander.

122. Defendant acquired Susan Alexander's payment for services arising out of Defendants, misrepresented Susan Alexander evaluation and care plan.

123. Defendant intended to acquire Susan Alexander's payment for medical services rendered because of the misrepresented patient evaluation and care plan.

124. On or about August 26, 2000, Susan Alexander received an initial comprehensive exam at PMG at a cost of $197.00.

125. On or about August 26, 2000, PMG performed a Lipid Profile and Comprehensive Metabolic Profile on Susan Alexander at a total cost of $678.00.

126. On or about August 26, 2000, Susan Alexander received a Growth Hormone Assessment at a cost of $229.50.

127. On or about August 28, 2000, PMG tested Susan Alexander's Estradiol level at a cost of $81.00, FSH level at a cost of $58.00, Progesterone level at a cost of $81.00, Thyroid Stimulating Hormone level at a cost of 55.00, and T4 level at a cost of $47.50.

128. On or about September 1, 2000, PMG did Free Testosterone Levels at a cost of $99.00 and Total Testosterone Levels on Susan Alexander at a cost of $81.00.

129. On September 18, 2000, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

130. On or about September 29, 2000, in conjunction with Metametrix Laboratories, PMG tested Susan Alexander for food allergens at a cost of $841.50.

131. On October 9, 2000, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

132. On or about October 13, 2000, in conjunction with Metametrix Laboratories, PMG performed an Amino Acid analysis on Susan Alexander at a cost of $1120.00.

133. On October 30, 2000, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

134. On or about October 31, 2000, PMG tested Susan Alexander's thyroid levels at a total cost of $229.50.

135. On November 21, 2000, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

136. On December 11, 2000, Susan Alexander received a follow-up visit at PMG at a cost 146.00.

137. On January 8, 2001, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

138. On February 12, 2001, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

139. On March 19, 2001, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

140. On or about March 21, 2001, PMG performed a Comprehensive Diagnostic Stool Analysis on Susan Alexander with a total cost of $694.00.

141. On April 30, 2001, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

142. On or about May 9, 2001, PMG tested Susan Alexander's thyroid levels at a total cost of $229.50.

143. On or about May 9, 2001, PMG tested Susan Alexander's Saliva Cortisol levels at a total cost of $417.50.

144. On June 5, 2001, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

145. On December 10, 2001, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

146. On or about December 11, 2001, PMG tested Susan Alexander's thyroid levels at a total cost of $229.50.

147. On or about March 20, 2002, in conjunction with Metametrix laboratories, PMG performed a Urine DMSA challenge on Susan Alexander at a total cost of $982.50.

148. On April 15, 2002, Susan Alexander received a follow-up visit at PMG at a cost of $146.00.

149. On or about April 15, 2002, PMG tested Susan Alexander's thyroid levels at a total cost of $229.50.

150. On May 28, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00.

151. On May 30, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00.

152. On June 3, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00.

153. On June 6, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00.

154. On June 10, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00.

155. On June 12, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00.

156. On June 17, 2002, Susan Alexander received Chelation Therapy at PMG at a cost of $115.00 and her life.

157. The total cost of therapies and tests prescribed to Susan Alexander by PMG exceeded $8,000.00.

158. Defendants committed multiple acts of theft by deception, as defined by O.C.G.A. § 16-14-1.

159. Defendants, multiple thefts by deception are interrelated acts and constitute a pattern of predicate acts of theft by deception.

160. Susan Alexander's death was proximately caused by Defendants, aforementioned pattern of predicate acts of Theft by Deception.

161. Susan Alexander's death flowed from the furtherance of Defendants, aforementioned predicate acts of Theft by Deception.

162. Plaintiff Edwin Alexander, individually, and as the Administrator of the Estate of Susan Alexander, brings Count Three of this Complaint to recover for the damages resulting from Defendants, violation of O.C.G.A. § 16-14-4, including punitive damages, damages allowed by O.C.G.A. § 16-14-6 and all other remedies available under the Georgia Civil RICO statute.

COUNT FOUR
FRAUD AGAINST DEFENDANTS
PMG, BUTLER, REICH, AGOLLI & BOUQUETTE

163. Paragraphs 1 through 162 are hereby realleged and incorporated as if fully set forth herein.

164. Defendants PMG, Butler, Agolli, Reich and Bouquette knowingly made false representations to Susan Alexander.

165. Defendants intended to deceive Susan Alexander.

166. At all times material hereto, Defendants, through deception, artifice and circumvention successfully defrauded Susan Alexander. Susan Alexander entrusted and placed her body for care at Progressive Medical on the basis of Progressive Medical's following explicit and implicit representations:

PMG will provide information to the patient that is both accurate and complete, to the patient's best knowledge, regarding all present and past illnesses, hospitalizations, medications, and other health related matters;
PMG will provide considerate and respectful care to the patient;
Patients, health, peace of mind and comfort are PMG's top priorities;
PMG will provide the patient with information necessary to make decisions; and
PMG will integrate the best practices of traditional and complementary medicine to provide treatment to patients.

167. Defendants intentionally and purposefully made the above representations and promoted itself in a manner consistent with the foregoing claims in order to induce Susan Alexander, and others like her, into placing themselves under the care of Progressive Medical, and once there, permitting further care.

168. At all times material hereto, Defendants misrepresented:

The quality and professional nature of the care it provided;
The completeness of the medical information provided to Susan Alexander regarding her medical status;
The accuracy of the medical information provided to Susan Alexander regarding her medical status; and
Defendants, priority for the care and health for patients such as Susan Alexander.

169. At all times material hereto, Susan Alexander reasonably relied upon the explicit and implicit representations in selecting PMG as a medical facility for herself.

170. At all times material hereto, Defendants PMG, Bouquette, Butler and Agolli were aware that if Susan Alexander learned of the true circumstances and facts concerning their competency and ability to treat her and other patients and consumers of medical care, she would in all likelihood have removed herself from their care.

171. As a proximate result of Defendants, fraudulent and deceitful misrepresentations and fraudulent concealment of the true care and services provided to Susan Alexander, Susan Alexander continued to obtain treatments, care and medications at Progressive, proximately resulting in the injuries and damages described in this Complaint.

172. Plaintiff Edwin Alexander, individually, and as the Administrator of the Estate of Susan Alexander, brings Count Four of this Complaint to recover for the damages resulting from Defendants, fraud and deceit, including punitive damages and all other remedies available under Georgia Law.

COUNT FIVE
ORDINARY NEGLIGENCE AGAINST ALL DEFENDANTS

173. Paragraphs 1 through 172 are hereby realleged and incorporated as if fully set forth herein.

174. Defendants failed to assure quality care and take remedial measures that would have prevented Susan Alexander's wrongful death.

175. Defendants had a duty to avoid harming Susan Alexander, breached that duty, and such breach caused Susan Alexander's untimely death.

176. Susan Alexander incurred medical expenses and underwent profound pain and suffering as a result of the acts of PMG and its staff.

177. Plaintiff Edwin Alexander, individually, and in his capacity as Administrator of the Estate of Susan Alexander, brings Count Four of this Complaint to recover for the full value of the life of Susan Alexander, including pain and suffering, and any other relief which is authorized by Georgia Law.

COUNT SIX
WRONGFUL DEATH AGAINST ALL DEFENDANTS

178. Paragraphs 1 through 177 are hereby realleged and incorporated as if fully set forth herein.

179. Defendants, negligent and intentional acts and omissions caused Susan Alexander's death.

180. Plaintiff Mabel Alexander, as the sole surviving parent of Susan Alexander, is entitled to recover the full value of the life of Susan Alexander pursuant to the Georgia Wrongful Death Statute.

COUNT SEVEN
NEGLIGENCE PER SE AGAINST DEFENDANTS
BOUQUETTE, SIEGEL, BUTLER, AGOLLI AND PMG

181. Paragraphs 1 through 180 are hereby realleged and incorporated as if fully set forth herein.

182. PMG, Bouquette and Siegel failed to comply with the requirements of O.C.G.A. § 43-34-103.

183. PMG's, Bouquette's and Siegel's failure to comply with the requirements of O.C.G.A. § 43-34-103 proximately caused Susan Alexander's pain, suffering, and ultimate death.

184. According to Georgia Law, to "practice medicine" means to hold "oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings." This may be accomplished through various means, including attaching the title "M.D.," other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings.

185. Defendants PMG, Agolli and Butler, by placing the titles "Dr." and/or "M.D." in conjunction with Butler's and Agolli's names, as well as representing that Butler and Agolli are part of a "Medical Team," are representing to the public and to patients of PMG, that Butler and Agolli are licensed to practice medicine in Georgia.

186. Holding oneself out as a licensed physician, when the person is, in fact, not, is a felony violation under Georgia Law, O.C.G.A. § 43-34-46.

187. Defendants PMG, Butler and Agolli practiced medicine without a license at PMG.

188. At all times during their tenure as officers and/or employees of PMG, PMG was aware Agolli and Butler were not licensed to practice medicine in Georgia.

189. Defendants PMG, Butler and Agolli's unlawful practice of medicine caused Susan Alexander's death.

190. Plaintiff Edwin Alexander, as Representative of the Estate of Susan Alexander, is entitled to recover damages caused by Defendants' negligence per se.

COUNT EIGHT
PUNITIVE DAMAGES AGAINST ALL DEFENDANTS

191. Paragraphs 1 through 190 are hereby realleged and incorporated as if fully set forth herein.

192. Defendants, conduct was willful, wanton, fraudulent, reckless and showed a conscious indifference to the consequences of such conduct and entitles Plaintiff Edwin Alexander, as the Representative of the Estate of Susan Alexander, to recover punitive damages under O.C.G.A. § 51-12-5.1.

193. Defendants conduct is such that it shows a specific intent to harm Susan Alexander, thereby entitling Plaintiff Edwin Alexander, as the Representative of the Estate of Susan Alexander, to recover punitive damages in excess of any statutory cap.

COUNT NINE
BREACH OF CONTRACT AND BAD FAITH AGAINST PMG

194. Paragraphs 1 through 193 are hereby realleged and incorporated as if fully set forth herein.

195. Defendant PMG breached its implied and express contracts with Susan Alexander to act in good faith and fair dealing when providing services to Susan Alexander or on her behalf.

196. Defendant's breach was in bad faith and has caused Plaintiff unnecessary trouble and expense, thereby entitling Plaintiffs to recover expenses of litigation, including reasonable attorney fees, under O.C.G.A. § 13-6-11.

COUNT TEN
LIABILITY AGAINST PMCA

197. Paragraphs 1 through 196 are hereby realleged and incorporated as if fully set forth herein.

198. PMCA is the successor corporation of PMG and is liable for any and all acts of PMG, its employees, agents or officers, including any and all Counts above directed at PMG, its employees, agents or officers.

WHEREFORE Plaintiffs demand joint and several judgment against Defendants in an amount in excess of $10,000.00 which will fully and adequately compensate Plaintiffs for all damages caused by Defendants and for all other relief the Court deems proper. Respectfully submitted,

William Q. Bird
Georgia State Bar No. 057900
J. Marcus Howard
Georgia State Bar No. 370076
Attorneys for Plaintiffs
Bird & Mabrey, P.C.
14 17th Street, Suite 5
Post Office Box 7009
Atlanta, Georgia 30357
(404) 873-4696

This article was posted on February 1, 2007.