.CTICE ! COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss SUPERIOR COURT CIVIL ACTION NO. DANIELLE MOLA, ) 01-5610 & Plaintiff, ) ‘ : ) v. ) ) WINN WHEELER, R.N., AMY LIEF, MARTHA DOE, MAUREEN PAUL, M.D., PLANNED PARENTHOO D LEAGUE OF MASSACHUSETTS, COLLEEN PINCH, N.P.,»J.B. DOE, M.D. and JOSEPH M, SMITH COMMUNITY HEALTH CENTER Defendants ns COMPLAINT , 1 The plaintiffy Danielle Mola, resides at 85 Roseclair Street, Dorchester, MA, Suffolk County, Commonwealth of Massachusetts. 2. The defendant, Winn Wheeler, R.N., at all times material to this action, is a nurse licensed to practice within the Commonwealth of Massachusetts, with a place of employment at Planned Parenthood Clinic of Greater Boston, 1031 Beacon Street, Brookline, Norfolk County, Massachusetts 3. The defendant, Amy Lief, at all times material to this action, is an agent, servant or employee of Planned Parenthood Clinic of Greater.Boston, 1031 Beacon Street, Brookline, Norfolk County, Massachusetts. as 4 The defendant, Martha Doe, (whose name is not completely legible in the medical record) at all times material to this action, is an agent, servant or employee of Planned Parenthood Clinic of Greater Boston, 1031 Beacon Street, Brookline, Norfolk County, Massachusetts 5 The defendant, Maureen Paul, M.D., at all times material to this action, is a physician licensed to practice within the Commonwealth of Massachusetts, with a place of employment at Planned Parenthood Clinic of Greater Boston, 1031 Beacon Street, Brookline, Norfolk County, Massachusetts, 6. The defendant, Planned Parenthood League of Massachusetts is a duly organized Massachusetts corporation, with a place of business at Planned Parenthood Clinic of Greater Boston, 1031 Beacon Street, Brookline, Norfolk County, Massachusetts.31, Atall times relevant, the defendant, Winn Wheeler, RIN. was an Sf0% servant and/or employee of the defendant, Planned Parenthood League of Massachusetts 32. ‘At all times relevant, the defendant, Amy Lief was an agent, servant and/or employee of the defendant, Planned Parenthood League of Massachusetts. 33. ‘Atall times relevant, the defendant, Martha Doe was an agent, servant and/or employee of the defendant, Planned Parenthood League of Massachusetts. 34, Atal times relevant, the defendant, Maureen Paul, M. D. was an agent, servant and/or employee of the defendant, Planned Parenthood League of Massachusetts. 35. The defendant, Planned Parenthood League of Massachusetts, is vicariously liable for the negligence and carclessness of its agents, servants and/or employees. WHEREFORE, Plaintiff Danielle Mola demands judgment against the Defendant Planned Parenthood League of Massachusetts in such an amount as @ jury may deem proper, plus interest and costs. COUNT-YI (Negligence ~ Danielle Mela v. Colleen Pinch, N.P.) 36. ‘The plaintiff hereby incorporates Paragraphs I through 35 by reference as if fully included in this count, 37 On or about August 12, 1997 and diverse dates thereafter, the Defendant, Colleen Pinch, ).P., for valuable consideration, undertook to treat and care for Plaintiff Danielle Mola 38, Itthen and there became the duty’ of Defendant Colleen Pinch, N.P. to exercise that degree of care, diligence, and skill as is exercised by an average professional holding themselves out in their field at the time in question 35; Nevertheless, Defendant Colleen Pinch, N.P. breached her duty and failed to exercise said degree of care, diligence and skill by negligently treating, recommending treatment for, supervising the care of, and by otherwise failing to render proper, adequate and necessary medical care and treatment to the Plaintiff Danielle Mola. 40, Asa direct and proximate result of the Defendant's negligence as aforesaid, Plaintiff Danielle Mola suffered severe and permanent injuries, endured and will in the future endure, great pain and suffering and mental anguish, has incurred and will in the future incur medical and other extraordinary expenses for her care and treatment, and said Plaintiff was and otherwise is greatly injured WHEREFORE, Plaintiff Danielle Mola, demands judgment against the Defendant Colleen Pinch, NP. in such an amount as a jury may deem proper, plus interest and costs24 Asa direct and proximate result of the Defendant’s negligence as aforesaid, Plaintiff Danielle Mola suffered severe and permanent injuries, endured and will in the future endure, great pain and suffering and mental anguish, has incurred and will in the future incur medical and other extraordinary expenses for her care and treatment, and said Plaintiff was and otherwise is greatly injured WHEREFORE, Plaintiff Danielle Mola, demands judgment against the Defendant Martha Doe in such an amount as a jury may deem proper, plus interest and costs. COUNT IV (Negligence ~ Danielle Mola v, Maureen Paul, M.D.) 25, The plaintiff hereby incorporates Paragraphs | through 24 by reference as if fully included in this count, 26. On or about May 8, 1996 and diverse dates thereafter, the Defendant, Maureen Paul, M.D. for Valuable consideration, undertook to treat and care for Plaintiff Danielle Mola 27. It then and there became the duty of Defendant Maureen Paul, M.D. to exercise that degree of care, diligence, and skill as is exercised by an average physician holding themselves out in their field at the time in question, 28, Nevertheless, Defendant Maureen Paul, M.D, breached her duty and failed to exercise said degree of care, diligence and skill by negligently treating, recommending treatment for, supervising the care of, and by otherwise failing to render proper, adequate and necessary medical care and treatment to the Plaintiff Danielle Mola 29. Asadirect and proximate result of the Defendant’ s negligence as aforesaid, Plaintiff” Danielle Mola suffered severe and permanent injuries; endured and will in the future endure, great pain and suffering and mental anguish, has incurred and will in the future incur medical and other extraordinary expenses for her care and treatment, and said Plaintiff was and otherwise is greatly injured WHEREFORE, Plaintiff Danielle Mola, demands judgment against the Defendant Maureen Paul, M.D. in such an amount as a jury may deem proper, plus interest and costs, COUNT V (Negligence — Danielle Mola y. Planned Parenthood League of Massachusetts) 30, ‘The plaintiff hereby incorporates Paragraphs | through 29 by reference as if fully included in this count.jurt of Massachusetts ‘OOCKET NOS), CIVIL ACTION *¥ y re 8, LOT (Rag Eo POANTIFFS) DeFENOANTSVinn Wheeler, R.N.,Amy Lief,Martha D Maureen Paul, M.D. ,Planned Parenthood of MA, Danielle Nola |___Panielle Mola —____l Co) Jeen, Pinch, N.BaJ.B. Doe, M.D. and ——_ “ATTORNEY FIRM NANE, ADDRESS AND TELEPFONEG17—720-0176 | ATTORNEY (Few) Joseph Smith Community Health Ce Barry D. Lang, M.D., P.C. 6 Beacon St., #505 Boston, MA 02108 Board ol Bar Ovrsones eumbor: 565438, ‘Origin code and track designation Place an x in one box only: (C4. Fo4 District Court Appeal c.231, s. 97 &104 (Alter ] "1. FO1 Original Complaint trial) 0) 3 2. Fo2 Removal tg SupCi.C.2315.104 ~ (5. F0S Reactivated after rescript; relief from (Before trial) (F) judgment/Order (Mass.A.Civ.P. 60) (X) 3. FO3 Retransier to Sup.Ct. C.231,8.102C (xX) (_6.£10 Summary Process Appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See reverse side) | CODE NO. TYPE OF ACTION (specify) = TRACK IS THIS A JURY CASE? B06 Malpractice-Medical(A_) (x jYes_(_) No ‘The following 1S @ Tull, itemized and detailed statement of the facts on which plaintiff relies to determine money damages. For this form, disregard double or treble damage claims; indicate single damages only TORT CLAIMS (Attach additional sheets as necessary) Documented medical expenses to date: Total hospital expenses Total Doctor expenses Julal chiropractic expenses ois Total physical therapy expenses ........ 44 Total other expenses (describe) 36.4391 By 83842 geene -38,.077.3 Documented lost wages and compensation to date me Documented property damages to date ‘ Reasonably anticipated future medical and hospital expenses . .. Reasonably anticipated lost wages .... ats (Other documented items of damages (describe) ANOOe o: g: z 8: OB DDOODDODOO 2 Brief description of plaints injury, including nature and extent of injury (describe) ‘the defendants negligently failed to diagnose cervical cancer, resulting in the plaintiff requiring a total hysterectomy at — ¢_ age 26- roma 18791723 CONTRACT CLAIMS {Attach additional sheets as necessary) [Provide a detailed deseription of claims): PLEASE IDENTIFY, BY CASE NUMBER, NAME AND COUNTY, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT “1 hereby certify that | have complied with the Dispute Resolution (SUC Rule 1:18) requiris resolution services and discuss with juirements of Rule § of the Supreme Judicial Court Uniform Rules provide my cllents with information about court-connected disp) a and disadvantages of the various methods." i are: (4 /oy Signature of Attornoy of Record ATE 6 mi005.1170 ROSG.1-2000