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FSC Shanks - Braun - Clawson - Motion To Dismiss (6610046v4)

Defendant Ryan Henry Shanks has filed a Motion to Dismiss the wrongful death claims of plaintiffs Carol Braun and Mark Clawson, arguing they lack standing and that their claims are barred by noncompliance with Tennessee law. The motion cites that Dr. Shanks' pending wrongful death suit is the only action allowed regarding Sarah Shanks' death and that loss of consortium damages are included in the statutory wrongful death action. The document includes references to various exhibits and legal precedents supporting the motion.

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10K views60 pages

FSC Shanks - Braun - Clawson - Motion To Dismiss (6610046v4)

Defendant Ryan Henry Shanks has filed a Motion to Dismiss the wrongful death claims of plaintiffs Carol Braun and Mark Clawson, arguing they lack standing and that their claims are barred by noncompliance with Tennessee law. The motion cites that Dr. Shanks' pending wrongful death suit is the only action allowed regarding Sarah Shanks' death and that loss of consortium damages are included in the statutory wrongful death action. The document includes references to various exhibits and legal precedents supporting the motion.

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CAROL BRAUN and MARK CLAWSON, individually and as the surviving parents and next of kin of their natural daughter, SARAH SHANKS, deceased, Plaintiffs, Case No. 3-43-25 JURY DEMANDED v RYAN HENRY SHANKS, M.D., Defendant. DEFENDANT RYAN HENRY SHANKS’ MOTION TO DISMISS CLAIMS OF PLAINTIFFS CAROL BRAUN AND MARK CLAWSON Defendant, Ryan Henry Shanks (“Dr. Shanks” or “Defendant”), by and through counsel, files this Motion to Dismiss Claims of Plaintiffs Carol Braun and Mark Clawson pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. Defendant’s Motion to Dismiss should be granted for the following reasons: 1. Plaintiffs Carol Braun and Mark Clawson lack standing and priority to maintain this statutory wrongful death lawsuit or to pursue damages in this action pursuant to Tenn. Code Ann. §§ 20-5-106(a) and 20-6-107(a); 2. Tennessee case law establishes that Dr. Shanks’ pending wrongful death suit is the sole action which may be brought to resolve claims resulting from Sarah Shanks’ death; 3. Tennessee Supreme Court precedent establishes that loss of consortium damages are part of the statutory wrongful death action, and Plaintiffs resultingly have no independent claims; and 4. Plaintiffs’ claims are barred by their noncompliance with the filing requirements of the Tennessee Health Care Liability Act pursuant to Tenn. Code Ann. § 29-26-101 et seq. In support of this Motion, Dr. Shanks relies upon the contemporaneously filed Memorandum of Law, as well as the following attached Exhibits: Page 1 of 4 661004633 1. Exhibit 1 ~ Order Appointing Dr. Shanks as Administrator ad Litem of the Estate of Sarah M. Shanks in the Chancery Court for Knox County, Tennessee, Probate Division, No. 89042-1;! 2. Exhibit 2- Complaint filed in Ryan Shanks, MD et al. v, Fort Sanders Regional Medical Center et al.; Case No. 2-130-24; Circuit Court for Knox County, Tennessee;? 3. Exhibit 3- Answer of Fort Sanders Regional Medical Center and Covenant, Health filed in Ryan Shanks, MD et al. v. Fort Sanders Regional Medical Center et al.; Case No. 2-130-24; Circuit Court for Knox County, Tennessee; 4. Exhibit 4 — Answer of City of Knoxville filed in Ryan Shanks, MD et al. v. Fort Sanders Regional Medical Center et al.; Case No. 2130-24; Circuit Court for Knox County, Tennessee; 5. Exhibit 5 — Complaint filed in Carol Braun and Mark Clawson v, Ryan Henry Shanks, MD; Case No. 1-25-24; Circuit Court for Knox County, ‘Tennessee;? and 6. Exhibit 6 — Order of Voluntary Non-Suit Without Prejudice entered in Carol Braun and Mark Clawson v. Ryan Henry Shanks, MD; Case No. 1- 25-24; Circuit Court for Knox County, Tennessee. WHEREFORE, PREMISES CONSIDERED, Defendant, Ryan Henry Shanks, M.D., respectfully requests that this Court grant his Motion to Dismiss Claims of Plaintiffs Carol Braun and Mark Clawson pursuant to Tenn, Code Ann. §§ 20-5-107, 29-26-101 et seq., and Tenn. R. Civ. P. 12.02(6) and dismiss the claims of Plaintiffs Carol Braun and Mark Clawson. Dr. Shanks further requests award of costs and attorneys’ fees under Tenn. Code Ann. § 20-12-119. Dr. Shanks prays for such other further and general relief as he may be deemed entitled. " Dr. Shanks requests that this Court take judicial notice of the filings in Estate of Sarah M. Shanks in the Chancery Court for Knox County, Tennessee, Probate Division, No. 89042-1 pursuant to Tenn. R. Evid. 201. Dr, Shanks requests that this Court take judicial notice of the filings in Ryan Shanks, MD ef al. v. Fort Sanders Regional Medical Center et al; Case No, 2-130-24; Circuit Court for Knox County, Tennessee pursuant to Tenn. R. Evid. 201 'Dr. Shanks requests that this Court take judicial notice of the filings in Carol Braun and Mark Clawson v. Ryan Henry Shanks, MD; Case No. 1-25-24; Circuit Court for Knox County, Tennessee pursuant to Tenn. R. Evid. 201. Page 2 of 4 66100463 Respectfully submitted this 10th day of March, 2025. WOOLF, McCLANE, BRIGHT, ALLEN C. Gavin Shepherd, BPR No. 033066 8. Cole Wheeler, BPR No. 040602 900 South Gay Street, Suite 900 P.O. Box 900 Knoxville, TN 37901 865-215-1000 865-215-1001 (fax) [email protected] [email protected] ‘[email protected] Attorneys for Defendant Ryan Henry Shanks, M.D. Page 3 of 4 66100863, CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and exact copy of the foregoing pleading has been served upon the following parties in interest herein by United States Mail with sufficient postage thereon to carry the same to its destination and/or via email pursuant to Tenn. R. Civ. P. 5.02 and Supreme Court Order No. ADM2002-01198: Donald A. Bosch The Bosch Law Firm, P.C. 712 Gay Street Knoxville, TN 37902 [email protected] Christopher T. Cain Lacy, Price & Wagner, P.C. 249 N. Peters Road, Suite 101 Knoxville, TN 37923 [email protected] Counsel for Plaintiffs This the 10th day of March, 2025. Page 4 of 4 66100463 IN THE CHANCERY COURT OF KNOX COUNTY, TENNESSEE. PROBATE DIVISION IN RE: ESTATE OF _ SARAH M. SHANKS, No. ¥904Z-] 15 DECEASED. 199 zhi! ORDER APPOINTING ADMINISTRATOR AD LITEM *” THIS CAUSE came to be heard this date upon the Petition of Ryan H. Shanks for the appointment of an Administrator ad Litem for the Estate of Sarah M. Shanks, the decedent, upon the statements of counsel, and upon the entire record in this cause, from all of which it appears to the Court that the said Sarah M. Shanks died on January 29, 2023 in Knox County, Tennessee, and her heirs-at-law desire to pursue all actual and Potential causes of action which may exist as a result of her death; that no administration has been opened for the decedent in any jurisdiction, and that it is necessary that an Administrator ad Litem be appointed for the purpose of taking whatever actions are needed to investigate, initiate, join, prosecute, and resolve any lawsuits; and it further appearing that this Court has inherent jurisdiction to appoint an Administrator ad Litem under TENN. CODE ANN. § 30-1-109 for such a limited purpose IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Ryan H. Shanks be and is hereby appointed Administrator ad Litem of the Estate of Sarah M. Shanks, deceased. The sole purpose of the Administrator ad Litem is to investigate, initiate, join, prosecute, and resolve all actual and potential causes of action which may exist. The Administrator ad Litem is not authorized or required to marshal the assets of the decedent or to take any other action in this estate, but he may do everything EXHIBIT Lo > \ necessary to fully prosecute all actual and potential causes of action for the benefit of the Estate and/or the heirs-at-law, including signing settlement documents, requesting the decedent's medical records, initiating or joining as plaintiff, or co-plaintf, any necessary ‘awsuits against any alleged tortfeasors in the appropriate trial court, issuing subpoenas, conducting investigation and discovery, and resolving the lawsuits by settlement, judgment, or appeal, without further orders of the Court. The Administrator ad Litem is also expressly authorized to sign HIPAA compliant releases to authorize any and all third parties to release medical records regarding the decedent's treatment. «Eur 00 ITISso ORDEREDAis 1G” day of February, 2024. APPROVED FOR ENTRY: a Matthew Thornton (BPR #18930) EVANS PETREE, PC 1715 Aaron Brenner Dr, Ste 800 Memphis, TN 38120-1445 (901) 493-2072 [email protected] IN THE CIRCUIT COURT OF KNOX COUNTY, TENNES: FOR THE SIXTH JUDICIAL DISTRICT AT KNOXVILLE RYAN SHANKS, M.D, individually and as Administrator ad Litem of the Estate of Sarah M. Shanks, deceased, and on behalf of the ‘wrongful death beneficiaries of SARAH M. SHANKS, deceased, Docket No. CT-2-\3O-24, Plaintiffs, Jury Demanded v. FORT SANDERS REGIONAL MEDICAL CENTER, COVENANT HEALTH, CITY OF KNOXVILLE d/b/a KNOXVILLE FIRE DEPARTMENT, and AMERICAN MEDICAL RESPONSE OF TENNESSEE, INC. d/b/a AMR Rural Metro a/k/a AMR Knoxville, Defendants. COMPLAINT FOR MEDICAL NEGLIGENCE The plaintiff, Ryan Shanks, MD. ("Plaintiff"), individually and as Administrator ‘ad Litem of the Estate of Sarah M. Shanks, deceased, and on behalf of the wrongful death beneficiaries of Sarah M. Shanks (“Patient”), deceased, files this complaint for medical negligence against the defendants, Fort Sanders Regional Medical Center, Covenant Health, City of Knoxville d/b/a Knoxville Fire Department, and American Medical Response of Tennessee, Inc., d/b/a AMR Rural Metro a/k/a AMR Knoxville (collectively “Defendants”), and state as follows for his causeof action: EXHIBIT 4 2 ‘PARTIES AND VENUE 1, Plaintiff was married to Patient at the time of her death and is the duly appointed Administrator ad Litem of the Estate of Sarah M. Shanks, deceased. 2. Plaintiffis a resident of Knox County, Tennessee. 3. Defendants, Fort Sanders Regional Medical Center and Covenant Health (collectively “FSRMC”), operated a hospital facility licensed by the State of Tennessee. 4, FSRMC provided professional services to Patient through its employees, servants, and/or agents. 5. FSRMC is vicariously liable for the negligence of all its employees, agents, and servants (apparent, ostensible, or otherwise). 6. FSRMC and Covenant Health may be served through its agent for service of process, Doug Campbell, at 1420 Centerpoint Blvd., Bldg. C, Knoxville, TN 37932. 7. Uponinformation and belief, Defendant, City of Knoxville d/b/a Knoxville Fire Department (“KNOX”), can be served through Indya Kincannon, Mayor, ¢/o at 400 ‘Main Street, Room 691, Knoxville, TN 37902, 8 KNOX provided professional services to Patient through its employees, servants, and/or agents. 9. KNOX is vicariously liable for the negligence of all its employees. 10. American Medical Response of Tennessee, Inc., d/b/a AMR Rural Metro a/k/a AMR Knoxville (“AMR”), may be served through its registered agent for process, Corporation Service Company, 2908 Poston Ave, Nashville, TN 37203. Q) 11. AMR provided ,professional services to Patient through its employees, servants, and/or agents. 12. AMRis vicariously liable for the negligence of all its employees, agents, and servants (apparent, ostensible, or otherwise). 13. Venue is properly situated in Knox County, Tennessee. 14. This Court has jurisdiction over the subject matter of this litigation. “45, ‘This Court has juris iction over the parties to this litigation. 16. Plaintiff complied with the provisions of Tenn. Code Ann. § 29-26-121(a) by serving the Defendants with written notice of this claim at least sixty (60) days before filing this complaint, 17. Copies of the affidavit of service and written notices are attached collectively as Exhibit A, 18. Plaintiff complied with the provisions of Tenn. Code Ann, § 29-26-12 by filing a Certificate of Good Faith (“Certificate”) with this complaint. 19. A-copy of the Plaintiff's Certificate is attached as Exhibit B. 20. This action is timely filed within the time required by law. EACTUALB) 21. Patient was a mother and wife with no chronic medical problems. 8 ‘On or about January 20, 2023, she became short of breath. 23. Plaintiff and Patient called 911 and an ambulance was dispatched. 24. — Defendants AMR and KNOX dispatched ambulances. 25. The ambulance dispatched by Defendant KNOX arrived around 02:42. Bl 26, _Anambulance crew employed by Defendant AMR arrived at the Patient's home around 02:43 on January 20, 2023. 27. Upon information and belief, Defendant FSRMC was coordinating the EMS services being provided to Patient. 28. Upon information and belief, Patient suffered cardiac arrest due to respiratory distress. 29. Defendants AMR and KNOX started CPR, 30. Defendants AMR and/or KNOX negligently intubated Patient. 31. Defendants negligently delayed transporting Patient. 32. Chest compressions were started at approximately 02:56. 98. Defendant AMR began the transport to Fort Saniders Regional Medical Center at approximately 08:02 on January 20, 2023. 34. _ Ittook approximately 7 minutes to complete the transport. 35. Defendant AMR arrived at the hospital around 03:09. 36. Patient’s CO2 was 18 before the intubation, and then climbed to an abnormally high reading for the remainder of the transport. 37. Patient's initial ABG showed a pH of 68. 38. Notes indicate the Patient's vocal cords were bloody and swollen. 39. Patient later died at Fort Sanders Regional Medical Center on January 29, 2023, as a proximate result of Defendants’ negligence. a} NEGLIGENCE 40. At all times relevant hereto, Defendants owed a duty to provide professional services to the Patient in accordance with the recognized standard of acceptable professional practice. 41, Defendants acted with less than and/or failed to act with ordinary and reasonable care in accordance with the recognized standard of acceptable professional practice in their treatment of Patient. 42. Defendants failed to act with ordinary and reasonable care in accordance with the recognized standard of acceptable professional practice as follows: a. Negligently failing to transfer Patient ina timely manner; b, Negligently failing to perform basic airway management; cc. Negligently failing to perform CPR; and d, Otherwise deviating from the recognized standards of acceptable professional practice for similar communities. 43. Patient, Plaintiff, and the wrongful death beneficiaries of Sarah M. Shanks, deceased, suffered injuries that would not have otherwise occurred as a proximate result of Defendants’ negligence, including but not limited to, the following: a. Patient's mental and physical pain and suffering; b. Medical expenses; . Reasonable funeral expenses; d. Pecuniary value of Patient's life; e. Loss of consortium; and (5) £ Other harms and losses allowed by law. TURY DEMAND 44, Pursuant to Tenn. R. Civ. P. 38.02, Plaintiffs respectfully request that a jury be convened to decide the factual issues presented in this action. WHEREFORE, Plaintiff sues Defendants herein for the following: 1. Compensatory damages in an amount tobe determined by the jury; 2. Costs herein; and 3. Forall such other and further relief, general and specific, legal, and equitable, to which Plaintiffs aré entitled. Respectfully submitted, BRYA))SMITH & ASSOCIATES {6 EXHIBIT B IN THE CIRCUIT COURT OF KNOX COUNTY, TENNESSEE FOR THE SIXTH JUDICIAL DISTRICT AT KNOXVILLE RYAN SHANKS, M.D., individually and as Administrator ad Litem of for the Estate of Sarah M. Shanks, deceased, on behalf of the wrongful death beneficiaries of SARAH M. SHANKS, deceased, Docket No. CT- Plaintiffs, Jury'‘Demanded we FORT SANDERS REGIONAL MEDICAL CENTER, COVENANT HEALTH, CITY OF KNOXVILLE d/b/a KNOXVILLE FIRE DEPARTMENT, and AMERICAN MEDICAL RESPONSE OF TENNESSEE, INC. d/b/a AMR Rural Metro a/k/a AMR Knoxville Defendants. CERTIFICATE OF GOOD FAITH Medical Malpractice Case PLAINTIFF'S FORM A. In accordance with T.C.A. § 29-26-122, I hereby state the following: (Check item 1 or 2 below and sign your name beneath the item you have checked, verifying the information you have checked. Failure to check item 1 or 2 and/or not signing item 1 or 2 will make this case. subject to dismissal with prejudice.) 1. The Plaintiff or Plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information’ ip and belief they: (A) Are competent under § 29-26-115 to express opinion(6) in the case; and (B) Believe, based on the information available from the medical records concerning the care and treatment of the Plaintiff for the incident(s) at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115, Signature of Plaintiffs or Plaintiffs’ Attorney 2. The Plaintiff or Plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and ' belief they: i @ ® ‘Are competent under § 29-26-115 to express opinion(s) in the case; and | Believe, based on the information available from the medical records reviewed conceming the care and treatment of the Plaintiff for the: incident(s) at issue and, as appropriate, information from the Plaintiff or others with knowledge of the incident(s) at issue, that there are facts’ ‘material to the resolution of the case that cannot be reasonably ascertained » from the medical records or information reasonably available to the Plaintiff or Plaintiffs counsel; and that despite the absence of this information there is a good faith basis for maintaining the action as to each Defendant consistent with the requirements of § 29-26-115, Refusal of the Defendant to release the medical records in a timely fashion, or where it is ‘impossible for the Plaintiff to obtain the medical records shall waive the requirement that the expert review the medical records prior to expert IS B. 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Ae ere tee, fe Bios. (SSS pace | a a a Se a 2 eaeo rio taro One Tes | Exeeanee rT *ssnp 710 527008107528 4 F $60,200 In value ee trlctod Deliver 5: 9559 o710 5270 0418 7929 14 _— ature Gontirmalion Retum Receipt Es Presta fama haut si ‘Sigfature Cdntirmatipn Reatiloted Debvery Harfaing Chae HReoiteod ana Zh a ESN war R es a STATE OF TENNESSEE) COUNTY OF SHELBY ) ‘Comes now the Affiant, Nikki Hunter, who, having first been duly swom makes oath that the following statements are true: ‘My name is Nikki Hunter. I am an adult citizen, over the age of eighteen (18) years and am competent to make the statements contained in this Affidavit. ‘On January 18, 2024, I mailed by certified mail, with retum receipt requested, after obtaining a Certificate of Mailing from the U.S. Postal Service, stamped with the date of January 18, 2024, the below notice letters and all enclosures to the following: 1. American Medical Response of Tennessee, Inc. d/b/a AMR Rural Metro a/k/a AMR Knoxville clo Corporation Service Company, Registered Agent 2908 Poston Ave. Nashville, TN 37203 2. American Medical Response of Tefinesses, Inc. dba AMR Rural Metzo a/k/a AMR Knoxville ‘elo Administrator/CEO 6363 8. Fiddlers Green Cir., Suite 1400 Greenwood Village, CO 80111 3. American Medical Response of Tennessee, Inc. d/b/a AMR Rural Metro a/k/a AMR Knoxville clo Administrator/CEO AMR Corporate Headquarters. 6501 S. Fiddlers Green Cir., Suite 100 Greenwood Village, CO 80111 4, Team Health, LLC /o The Prentice - Hall Corporation System, Inc. 2908 Poston Ave. Nashyille, TN 37203 5. Team Health, LLC . Attn: Legal 265 Brookview Centre Way, Suite 400 Knoxville, TN 37919 6. Team Health, LLC ent Emergency Departm« Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 10. ML 12, 13, 4. 15, Southeastern Emergency Physicians, LLC c/o The Prentice - Hall Corporation System, Inc., Registered Agent 2908 Poston Ave. : Nashville, TN 37203 Southeastem Emergency Physicians, LLC Attn: Legal 265 Brookview Centre Way, Suite 400 Knoxville, TN 37919 Southeastem Emergency Physicians, LLC Emergency Department Fort Sanders Regional Medical Center 1901 Clinch Ave, Knoxville, TN 37916 ‘Southeastem Emergency Services, PC clo Comporation Service Company, Registered Agent 2908 Poston Ave. Nashville, TN 37203 Southeastem Emergency Services, PC Attn: Legal . 265 Brookview Centre Way, Suite 203 Knoxville, TN 37919 Southeastem Emergency Services, PC Eniergency Department Fort Sanders Regional Medical Center 1901 Clinch Ave, Knoxville, TN 37916 Fort Sanders Regional Medical Center c/o Doug Campbell, Registered Agent 1420 Centerpoint Bivd., Bldg. C Knoxville, TN 37932 Fort Sanders Regional Medical Center fo Keith Altshuler, Administrator 1901 Clinch Ave. Knoxville, TN 37916 Covenant Health c/o Doug Campbell, Registered Agent 1420 Centerpoint Blvd., Bldg. C Knoxville, TN 37932 16, 17, 18, 19, 20. 21. Covenant Health c/o Keith Altshuler, Administrator Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 ‘Statcare Inpatient, LLC clo George R. Arrants, Registered Agent 800 S, Gay St, Suite 2500 Knoxville, TN 37929 1900 N. Winston Rd. Knoxville, TN 37919 Statcare Inpatient, LLC clo Administrator Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 Statcare Outpatient, LLC c/o George R. Arrants, Registered Agent ‘Kramer Rayson, LLP 800 S. Gay Street, Suite 2500 Knoxville, TN 37929 Statcare Outpatient, LLC oo Emily Graham 19001 N. Winston Road Knoxville, TN 37919 Jennifer Lee Yanoschak, M.D. Fort Sanders Regional Medical Center 1901 Clinch Ave ‘Knoxville, TN 37916 Jennifer Lee Yanoschak, M.D, 501 20* Street, Suite 503 Knoxville, TN 37916 Jennifer Lee Yanoschak, M.D. 3122 Miser School Road Friendsville, TN 37737 25. 26. 2. 28. 29. 30. 31. 32. 33. 34. Andrew Peter Wong, M.D. Southeastern Emergency Physicians 1901 W. Clinch Ave Knoxville, TN 37916 Andrew Peter Wong, M.D. Fort Sanders Regional Medical Center 1901 Clinch Ave Knoxville, TN 37916 Knoxville Fire Department c/o Stan Sharp, Fire Chief Public Safety Complex 1630 Huron St,, Bldg. C Knoxville, TN 37917 Knoxville Fire Department c/o Indya Kincannon, Mayor 400 Main St., Room 691 Knoxville, TN'37902 ‘Knoxville Fire Department clo Charles Swanson, Law Director 400 Main St., Room 699 Knoxville, TN 37902 Jamie Clark, RN Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 ‘Maegan Harward, RN Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 Jacob Nelson, paramedic (213543) 10140 Gallows Point Dr. ‘Knoxville, TN 37931 Jacob Nelson ' $0013" St,, Apt. 6 Knoxville, TN 37916 Jacob Nelson 3208 Sunset Ave. Knoxville, TN 37914 35. 37. Stephen Smith, advanced EMT (213091) 10140 Gallows Point Dr. Knoxville, TN 37931 . Stephen Smith 2206 Maple Drive ‘Knoxville, TN 37918 Stephen Smith 2945 Bledge Lane Sevierville, TN 37876 as required by T.C.A § 29-26-121 (a): Exhibit 1, which is the notice letters. Exhibit 2, which is the list of names and addresses of the providers who were being sent a notice pursuant to T.C.A § 29-26-121 (2). Exhibit 3, which is a HIPAA compliant medical authorization permitting the providers ‘who were sent a notice to obtain medical records from the other providers. Exhibit 4, which is a copy of the Certificate of Mailing from the U.S. Postal Service, stamped with the date of mailing. Exhibit 5, which is a copy of the retum receipt cards that accompanied the notice letters sent by certified mail, ith ; Date: 18, Ja BRYAN SMITH & ASSOCIATES, PLLC Atorneys Law 2670 Union Ave. Ext., Suite 701 ‘Memphis, Tennessee 38112 ea Bifdtcanseec Pram the dest of W.Bryan sats ‘Telephone (01) 450-4990 ‘Trullawyer acne (S03) 450-4090 rats ayanehtulaers.com January 17, 2023 VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED American Medical Response of Tennessee, Inc. ‘Wola AMR Rural Metro a/l/a AMR Knoxville clo Administrator / CEO AMR Corporate Headquarters 6501 8, Fiddlers Green Cir., Suite 100 Greenwood Village, CO 80111 RE: Patient: Sarah M. Shanks, Deceased ‘Notice Required by T.C.A. § 29-26-121(2) ‘Dear Sir or Madam: am the sttomey representing Ryan Shanks, M.D., individually and on behelf of the wrongful death beneficiaries of Sarah M. Shanks, deceased. Through me and my firm, Ryen Shanks, MD, individually and on behalf of the wrongful death beneficiaries of Sarah M. Shanks, deceased, is asserting a potential healthcare liability action against American Medical Response of Tennessee, Inc. d/b/a AMR Rural Metro a/k/a AMR Knoxville. These claims arise out of the ‘treatment provided by employees and/or agents of American Medical Response of Tennessee, Inc. dfo/a AMR Rural Metro a/k/a AMR Knoxville to the patient, Sarah M. Shanks, deceased, ‘and may also include counts of corporate negligence. ‘The fall name end date of birth of the patient is: Sarah Marie Shanks, Deceased Date of Birth: ‘The name and address of the claimants authorizing this notice and relationship to the patient are: ‘Ryan Shanks, M.D., Husband and Next of Kin 552 Mellen Ave. Knoxville, TN 37919 Robin Marie Shanks, Minor Daughter 552 Mellen Ave. Knoxville, TN 37919 Bi Henry Shanks, Minot Son 552Melien Ave. Knoxville, TN 37919 ‘The name and address of the attomey sending this notice W. Bryan Smith Bryan Smith & Associates 2670 Union Ave. Ext, Suite 701 ‘Memphis, TN 38112 Enclosed herein is a list of the names and addresses ofall providers being sent a notice. Enclosed is s HIPAA compliant medical authorization permitting American Medical Response of Tennessee, Inc. d/o/a AMR Rural Metro a/k/a AMR Knoxville to obtain complete medical records from each other provider being sent a notice. If these releases are not accepted for any reason, please contact us immediately and we will use our best efforts to provide executed forms ‘acceptable to the health care provider that will permit you to obtain a camplete copy of the medical records. We believe this letter complies inall respects with Tenn. Code Aum § 29-26-121. If you believe itis deficient in any way, please let us know and any deficiency will be promptly cured. If we do not promptly hear from you, we will assume you believe this notice letter complies with applicable law. Please consider this letter as a reminder of your obligation to preserve all evidence of any kind related to this patient and the treatment she was provided. Please forward this correspondence to the appropriate individual at your company and/or to your professional liability insurance carrier and/or legal counsel. Please ask a representative of the professional liability insurance carrier, and/or legal counsel, to contact me, Sincerely, BRYN SMITH & ASSOCIATES W. Bryan Smith ‘WBS/ah Enclosures ‘LIST OF ALL HEALTHCARE PROVIDERS TO WHOM NOTICE IS BEING GIVEN 1 6 PURSUANT TO T.C.A. § 29-26-121 (a) RE: SARAH MARIE SHANES, DECEASED American Medical Response of Tennessee, Inc, dfo/a AMR Rural Metro a/k/a AMR Knoxville clo Corporation Service Company, Registered Agent 2908 Poston Ave. ‘Nashville, TN 37203 American Medical Response of Tennessee, Ino. d/b/a AMR Rural Metro a/k/a AMR Knoxville ‘ofo Administrator/CEO (6363 S. Fiddlers Green Cir, Suite 1400 Greenwood Village, CO 80111 ‘American Medical Response of Tennessee, Inc, Wola AMR Rural Metro a/k/a AMR Knoxville c/o Administrator/CEO AMR Corporate Headquarters 6501 8. Fiddlers Green Cir, Suite 100 Greenwood Village, CO 80111 ‘Team Health, LLC clo The Preatice - Hall Corporation System, Inc. 2908 Poston Ave, Nashville, TN 37203 Emergency Department Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 Southeastem Emergency Physicians, LLC ‘lo The Prentice - Hell Corporation System, Inc, Registered Agent 2908 Poston Ave. ‘Nashville, TN 37203 Southeastern Emergency Physicians, LLC Attn: Legal 265 Brookview Centre Way, Suite 400 Knoxville, TN 37919 10, nh. 2 13, 4 15. 16, 17, Southeastem Emergency Physicians, LLC ‘Emergency Department Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 Southeastern Emergency Services, PC c/o Corporation Service Company, Registered Agent 2908 Poston Ave. ‘Nashville, TN 37203 ‘Southeastern Emergency Services, PC Attn: Legal 265 Brookview Centre Way, Suite 203 Knoxville, TN 37919 Southeastern Emergency Services, PC Emergency Department Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 Fort Sanders Regional Medical Center ‘fo Doug Campbell, Registered Agent 1420 Centerpoint Bivd., Bldg. C Knoxville, TN 37932 Fort Sanders Regional Medical Center clo Keith Altshuler, Administrator . 1901 Clinch Ave. Knoxville, TN 37916 (Covenant Health ‘c/o Doug Campbell, Registered Agent 1420 Centerpoint Blvd, Bldg. C Knoxville, TN 37932 Covenant Health c/o Keith Altshuler, Administrator Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 ‘Statcare Inpatient, LLC ‘elo George R. Arrants, Registered Agent 8008, Gay St, Suite 2500 Kaoxville, TN 37929 18, 19, 21, 24. 21. ‘Statcare inpatient, LLC fo Emily Graham 1900. Winston Rd. Knoxville, TN 37919 Statcare Inpatient, LLC clo Administrator Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 Statcare Outpatient, LLC clo George R. Arrants, Registered Agent Kromer LLP 800 S. Gay Stret, Suite 2500 Knoxville, TN 37929 ‘Statcare Outpatient, LLC fo Emily Graham 19001 N. Winston Rosd Knoxville, TN 37919 Jennifer Lee Yanoschak, M.D. Fort Sanders Regionsl Medical Center 1901 Clinch Ave Knoxville, TN 37916 Jennifer Lee Yenoschek, M.D. 501 20 Street, Suite 503 Knoxville, IN 37916 Jeunifer Lee Yanoschale, M.D. 3122 Miser School Road Friendsville, TN 37737 Andrew Peter Wong, MD. Southeastem Emergency Physicians 1901 W. Clinch Ave Knoxville, TN 37916 Andrew Peter Wong, M.D. Fort Sanders Regional Medical Center 1901 Clinch Ave q Knoxville, TN 37916 Knoxville Fire Department clo Stan Sharp, Fire Chief Public Safety Complex 1630 Huron St, Bldg. C Knoxville, TN37917 29. 30. 31. 32, 35. 36. 37. Knoxville Fire Department fo Indya Kincannon, Mayor 400 Main St, Room 691 ‘Knoxville, TN 37902 ‘Knoxville Fire Department ‘c/o Charles Swanson, Law Director 400 Main St., Room 699 Kroxville, TN 37902 Jamie Clarke, RN ‘Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN 37916 ‘Macgan Harward, RN Fort Sanders Regional Medical Center 1901 Clinch Ave. Knoxville, TN.37916 Jacob Nelson, paramedic (213543) 10140 Gallows Point Dr. Knoxville, TN 37931 Jacob Nelson ‘500 13"St, Apt 6 Knoxville, TN 37916 Jacob Nelson 3208 Sunset Ave. Knoxville, TN 37914 Stephen Smith, advanced EMT (213091) 10140 Gallows Point Dr. Knoxville, TN 37931 Stephen Smith 2206 Maple Drive Knoxville, TN 37918 Stephen Smith 2945 Bledge Lane Sevierville, TN 37876 AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION Pursuant tothe requirements of Tern. Code Ann. § 2826424 this authrzton alls the persons or ens Este below t disclose, bin and use copies ofthe complete medica recon of _SamahM. Shanks, Deceased hereinafter refered to as Patient as provided in Tem, Code Amn. §20-28-121, 1. 10, ‘The underignedPaiont or Persone! Representative herby authtzes tho follng clas of persons: ll phyetcans, heaps, ‘hospitals, phamectes, laboratories end other hell cae providers recehing this authorzafon tose and disclose the fooing protcted heath ifmation described in Paragraph 4 belortom the medial tecrds ofthe Paint ted below to the ttomoys, paralegals, andor represontaves ofthe persons or ents Usted herein (named Inthe etached Note Letter and Provider NNofice Lis). Patent afso requests that you provite a copy of those seme records to Patents sttomaye, Bryan Stith & ‘Assoclates, 270 Unfon Ave, Ext, Ste. 701, Memphis, TN 3812 atthe tine you provide copes of he record puruant ois authorization, THIS AUTHORLATION ONLY ALLOWS THE PARTIES LISTED BELOW TO DISCLOSE, OBTAIN AND USE MEDICAL RECORDS. THIS AUTHORIZATION DOES NOT ALLOW YOU TO DISCUSS PATIENT, OR PATIENT'S MEDICAL RECORDS, WT ANY OTHER HEALTHCARE PROMDER OR ATTORNEY. PATIENT SEEGEICALLY MANTANS THE Patent Name: Sarch Marlo Shanks, Deceaséd Date oft: Social Seourly Description ofthe information tobe used or disclosed: The Protecied Heal infomation tha ls aulhoized tobe cased, btaned and used pursuant to hi authorization es flows: Patents env medical recordchar,lnludiag any anda records, ‘paws nd nfermation conceming any medal examinafon, beament or cere rendered nung but nat United to, abstecs, ‘erthen operative reports, ER reports, history and physical, progress notes, lab records, discharge summary, physician onder, ‘eul reord, nurse nots, ofice notes, conzuts, medications prescbed, correspondence, Infomed eonsens, leases to ‘tum to wok, coples of ll vay, CT scans, MRS end any oer clagnost fs or rdilogs fins andor reports; end any {ssuacor pathology reports. Tis authorization allows disclosure and use of tre medial records fra treatment dates, ‘The undersigned Patient or Personal Representative hereby acknowledges tal the Inormation eisclosedeleased pursuant to this authortzaon may contain alchal and drug abuse, psyches, HIV or gonetc information, and hereby consents to tho

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