Nursing Home Wrongful Death Complaint at Law

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First Amended Complaint

By the Szymanski Koroll Litigation Group, Cynthia Szymanski Koroll, Cynthia Szymanski Koroll, #6380, The Szymanski Koroll Litigation Group, One Court Place, Suite 102, Rockford, IL 61101, 815.639.9000, 815.639.9066 - Fax.

COUNT I

WRONGFUL DEATH 740 ILCS 180

INDEPENDENCE PLUS, INC.

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, INDEPENDENCE PLUS, INC., states as follows.

1. At all times relevant hereto, the Plaintiff, TERESA ZAGAL, individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, was a resident of Winnebago County, Illinois.

2. At all times relevant hereto, the Defendant, INDEPENDENCE PLUS INC. was a home care specialist company providing home care services to “catastrophic survivor” patients. Defendant's place of business is located at 6707 North Avenue, Oak Park, Illinois, Cook County.

3. On or about April 12, 2005 INDEPENDENCE PLUS, INC. contracted with the Plaintiff, TERESA ZAGAL, to provide home care services and nursing care to her daughter, EVELYN ZAGAL.

4. EVELYN ZAGAL, a minor child, had a tracheostomy site on her body through which a trachea cannula was inserted. The tracheostomy and inserted cannula was necessary to maintain the airway of EVELYN ZAGAL.

5. That INDEPENDENCE PLUS, INC. hired EDNA BRIGGS-GUNTHER as their employee and allowed EDNA BRIGGS-GUNTHER to provide home care services to EVELYN ZAGAL.

6. On and about May 9 and 10, 2006 EVELYN ZAGAL required observation and skilled nursing care to monitor her respiratory status and to maintain the patency of her tracheostomy cannula.

7. EVELYN ZAGAL's home was equipped with monitoring devices and life saving medical equipment ordered by her medical providers.

8. It was the duty of the Defendant, by and through its employees and agents, and apparent agents to possess and apply the knowledge and use the skill and care ordinarily used by reasonably well-qualified medical personnel in the same or similar circumstances as alleged herein.

9. That the Defendant, by and through its' employees, agents and apparent agents, including specifically, but not limited to: Edna Briggs-Gunther, Tamara Muller, and Celeste Clark, was negligent in the care and treatment of EVELYN ZAGAL in one or more of the following respects:

a. Failed to observe that the patient had decannulated;

b. Failed to establish an airway before alerting a family member;

c. Failed to establish an airway;

d. Failed to promptly perform resuscitation when required;

e. Failed to monitor;

f. Failed to provide supplemental oxygen;

g. Failed to avoid decannulation;

h. Failed to continuously observe Evelyn Zagal;

i. Failed to provide adequate nursing care to Evelyn Zagal;

j. Failed to treat pain and discomfort;

k. Failed to note evidence of suffocation;

l. Failed to protect Evelyn Zagal from injury,

m. Handled the child in a rough manner thus causing decannulation;

n. Failed to comply with the Illinois Nurse Practice Act;

o. Accepted the assignment to attend to Evelyn Zagal despite knowledge that she lacked the necessary nursing skills to properly attend to the child;

p. Accepted the assignment to attend to Evelyn Zagal despite her sleepless state that prohibited her from being mentally alert to properly attend to the needs of the child;

q. On information and belief was sleeping on duty at the Zagal home;

r. Had consumed medications that affected her alertness and impaired her ability to attend to Evelyn Zagal;

s. Misrepresented her qualifications regarding pediatric training;

t. Failed to ensure qualified nursing personnel were in place to attend to the needs of Evelyn Zagal, a disabled infant.

10. That as a direct and proximate result of one or more of the aforesaid negligent acts or omissions, EVELYN ZAGAL suffered severe anoxia and multi-system organ failure and was declared brain dead and died on May 11, 2006 as a result of suffocation and asphyxiation.

11. The acts and omissions of employees, agents and apparent agents of INDEPENDENCE PLUS, INC. including specifically, but not limited to: Edna Briggs-Gunther, Tamara Muller, and Celeste Clark, deprived EVELYN ZAGAL of an opportunity to survive or recover from her condition.

12. That EVELYN ZAGAL left surviving her mother and father, TERESA AND CARLOS ZAGAL who have been deprived of their child's love, affection, companionship, friendship, comfort and society and her brother ALEX O'CAMPO a minor, who has been deprived of his sister's love, affection, companionship, comfort and society.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, Deceased, prays for judgment against the Defendant, INDEPENDENCE PLUS, INC., in a sum in excess of $50,000.00 plus costs of suit.

COUNT II

FAMILY EXPENSE ACT 750 ILCS 65/15 (a) (1)

INDEPENDENCE PLUS, INC.

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, INDEPENDENCE PLUS, INC., states as follows.

1.- 11. Plaintiff realleges and reaffirms paragraphs 1 through 11 of Count I as paragraphs 1 through 11 of this Count II as though fully set forth verbatim herein

12. As a direct and proximate result of one or more of the foregoing acts of negligence of the Defendant, the Plaintiff was caused to incur medical expenses in an effort to be cured of her illness and injury and expended necessary expenses for the decedent's funeral, burial, and related services.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, INDEPENDENCE PLUS, INC., in a sum in excess of $50,000.00 plus costs of suit.

COUNT III

SURVIVAL ACTION

INDEPENDENCE PLUS, INC.

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, INDEPENDENCE PLUS, INC., states as follows.

1.-11. Plaintiff realleges and reaffirms paragraphs 1 through 11 of Count I as paragraphs 1 through 11 of this Count III as though fully set forth verbatim herein.

12. That as a direct and proximate result of one or more of the aforesaid negligent acts, EVELYN ZAGAL was injured and died and suffered personal and pecuniary damages, including her pain and suffering, including but not limited to the pain of suffocation and pain and suffering due to lack of oxygen and to the death of the organs of her body prior to her death and had she survived she would have been entitled to bring an action for such damages and such action survived her death.

13. That pursuant to 755 ILCS 5/27-6, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, has the right to bring this survival action.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, INDEPENDENCE PLUS, INC., in a sum in excess of $50,000.00 plus costs of suit.

COUNT IV (FOUR)

RES IPSA LOQUITOR

INDEPENDENCE PLUS, INC.

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, INDEPENDENCE PLUS, INC., states as follows.

1.-8. Plaintiff realleges and reaffirms paragraphs 1 through 8 of Count I as paragraphs 1 through 8 of this Count IV as though fully set forth verbatim herein.

9. That on or about May 9 and 10, 2006 EVELYN ZAGAL was a patient of INDEPENDENCE PLUS, INC.

10. That EVELYN ZAGAL was an infant incapable of monitoring her own tracheostomy site and ensuring its' placement and patency.

11. That EVELYN ZAGAL relied on INDEPENDENCE PLUS INC. to provide a nurse to continuously monitor and protect her tracheostomy site and to ensure the continuous placement and patency of the tracheostomy cannula and to specifically prevent decannulation and, in the event of decannulation to act immediately to restore the site and to resuscitate EVELYN.

12. That at all times pertinent hereto the duty to monitor the tracheostomy site was in the sole and exclusive control of an employee, agent and or apparent agent of INDEPENDENCE PLUS, INC., namely EDNA BRIGGS GUNTHER, RN.

13. That the selection of the nurse to monitor the placement and patency of the tracheostomy site and cannula and to specifically prevent decannulation and, in the event of decannulation to act immediately to restore the site and to resuscitate EVELYN, was in the sole and exclusive control of INDEPENDENCE PLUS, INC.

14. That on May 9 at 11:00 pm through May 10, 2006 up to and including the time of the respiratory arrest of EVELYN ZAGAL, the nursing care of EVELYN ZAGAL was in the sole and exclusive control of EDNA BRIGGS GUNTHER an employee of INDEPENDENCE PLUS, INC.

15. While EVELYN ZAGAL was in the care of the employees, agents or apparent agents of the Defendant, INDEPENDENCE PLUS, INC., EVELYN ZAGAL suffered severe and permanent injuries which resulted in her suffocation, severe suffering, death of her body organs and death.

16. That the injuries to EVELYN ZAGAL would not have occurred in the absence of negligence on the part of the Defendant, INDEPENDENCE PLUS, INC., by their agents, employees and apparent agents, including but not limited to Edna Briggs-Gunther, Tamara Muller and Celeste Clark.

17. That the Defendant, INDEPENDENCE PLUS, INC., by its agents, employees and apparent agents including but not limited to Edna Briggs-Gunther, Tamara Muller and Celeste Clark had a duty to avoid negligence in the care and treatment of EVELYN ZAGAL.

18. That as a direct and proximate result of one or more of the aforesaid negligent acts, EVELYN ZAGAL was injured and died and suffered personal and pecuniary damages, including the pain of suffocation and pain and suffering due to lack of oxygen and due to the death of the organs of her body prior to her death.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, INDEPENDENCE PLUS, INC., in a sum in excess of $50,000.00 plus costs of suit.

COUNT V (FIVE)

NEGLIGENT HIRING, TRAINING AND PLACEMENT

INDEPENDENCE PLUS, INC.

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, INDEPENDENCE PLUS, INC., states as follows.

1.-8. Plaintiff realleges and reaffirms paragraphs 1 through 8 of Count I as paragraphs 1 through 8 of this Count V as though fully set forth verbatim herein.

9. That prior to May 9 and 10, 2006 EDNA BRIGGS GUNTHER was hired at INDEPENDENCE PLUS, INC.

10. That the only pre-employment in-person interview of EDNA BRIGGS GUNTHER was one conducted by INDEPENDENCE PLUS, INC., Scheduling Coordinator Nicole Stracka, said interview was conducted at a book store.

11. That Nicole Stracka is not a registered nurse.

12. That INDEPENDENCE PLUS, INC., had a duty to perform a background check on EDNA BRIGGS GUNTHER prior to placing her in the home of EVELYN ZAGAL, a disabled infant.

13. That INDEPENDENCE PLUS, INC., had a duty to perform an investigation to determine that EDNA BRIGGS GUNTHER had adequate skills and training to monitor and manage the tracheostomy tube in the neck of EVELYN ZAGAL and to prevent decannulation and to act promptly in the event of decannulation and to resuscitate EVELYN if required.

14. That on May 9 and 10, 2006 EDNA BRIGGS GUNTHER was not certified in Pediatric Advanced Life Support.

15. That prior to the care of EVELYN ZAGAL, EDNA BRIGGS GUNTHER had not previously provided home care to a pediatric hygroma patient who had a tracheostomy cannula in place.

16. That INDEPENDENCE PLUS INC., failed to provide skills lab training to EDNA BRIGGS GUNTHER to train her in the home care, including avoidance of decannulation, treatment of decannulation and resuscitation of a pediatric hygroma patient who had a tracheostomy cannula in place.

17. That INDEPENDENCE PLUS INC., required nurses attending to EVELYN ZAGAL to be trained in “IPI Vent and SCI training.”

18. That INDEPENDENCE PLUS, INC. failed to provide “IPI Vent and SCI training” to EDNA BRIGGS GUNTHER before placing her in the home of EVELYN ZAGAL.

19. That at the time of hiring and placement into the home of EVELYN ZAGAL, EDNA BRIGGS GUNTHER lacked the requisite skills and training to provide homecare services to a pediatric hygroma patient who had a tracheostomy cannula in place including skills and training in the avoidance of decannulation, treatment of decannulation and resuscitation.

20. That INDEPENDENCE PLUS, INC. did not require EDNA BRIGGS GUNTHER to be certified in Pediatric Advanced Life Support (PALS) prior to placing her in the home of EVELYN ZAGAL.

21. That employees, agents and apparent agents of INDEPENDENCE PLUS, INC. knew or should have known that on or about May 9 and 10, 2006 EDNA BRIGGS GUNTHER also had employment as a nurse on the day shift at a Rockford nursing home.

22. That employees, agents and apparent agents of INDEPENDCE PLUS, INC. knew or should have known that EDNA BRIGGS GUNTHER claimed she had the daily responsibility for raising the children of her deceased daughter.

23. That INDEPENDENCE PLUS, INC., by and through its employees, including but not limited to Tamara Muller and Celeste Clark, had a duty to determine the fitness for duty of EDNA BRIGGS GUNTHER prior to assigning her to night shift duty at the home of EVELYN ZAGAL.

24. That Celeste Clarke, INDEPENDENCE PLUS, INC. Director of Social Work and Director of Human Resources knew or should have known that on or about May 9 and 10, 2006 EDNA BRIGGS GUNTHER also had employment as a nurse on the day shift at a Rockford nursing home.

25. That Tamara Mueller, President of INDEPENDENCE PLUS, INC. knew or should have known that on or about May 9 and 10, 2006 EDNA BRIGGS GUNTHER also had employment as a nurse on the day shift at a Rockford nursing home.

26. That agents, employees and apparent agents of INDEPENDENCE PLUS, INC. knew or should have known that EVELYN ZAGAL required diligent, constant observation and care to monitor her airway and tracheostomy cannula and to protect her from decannulation.

27. That Celeste Clarke, INDEPENDENCE PLUS, INC. Director of Social Work and Director of Human Resources knew or should have known that EVELYN ZAGAL required diligent, constant observation and care to monitor her airway and tracheostomy cannula and to protect her from decannulation.

28. That Tamara Muller knew or should have known that EVELYN ZAGAL required diligent, constant observation and care to monitor her airway and tracheostomy cannula and to protect her from decannulation.

29. That agents, employees and apparent agents of INDEPENDENCE PLUS, INC. knew prior to placing EDNA BRIGGS GUNTHER in the home of EVELYN ZAGAL that EDNA BRIGGS GUNTHER has been reported to be “sleeping soundly on the job.”

30. That agents, employees and apparent agents of INDEPENDENCE PLUS, INC. knew or should have known that EDNA BRIGGS GUNTHER'S lack of training and skills created unfitness for the position of homecare nurse to EVELYN ZAGAL so as to create a danger of harm to EVELYN ZAGAL.

31. That agents, employees and apparent agents of INDEPENDENCE PLUS, INC. knew or should have known that EDNA BRIGGS GUNTHER'S propensity for sleeping on the job created unfitness for the position of homecare nurse to EVELYN ZAGAL so as to create a danger of harm to EVELYN ZAGAL.

32. That agents, employees and apparent agents of INDEPENDENCE PLUS, INC. knew or should have known that EDNA BRIGGS GUNTHER'S daytime job and home schedule prevented her from having the required degree of alertness on night shift and created an unfitness for the position of homecare nurse to EVELYN ZAGAL so as to create a danger of harm to EVELYN ZAGAL.

33. That on or before May 9 and 10, 2006 Defendant, INDEPENDENCE PLUS, INC., had a duty by and through its agents, servants, employees and nurses to exercise that degree of skill and care in the hiring, training and placement of Defendant EDNA BRIGGS GUNTHER in the home of EVELYN ZAGAL, as required of home health care services, servants, employees, agents and apparent agents in the same or similar localities.

34. That not withstanding the above mentioned duty, the Defendant, INDEPENDENCE PLUS, INC., by and through its' agents, employees and apparent agents including specifically, but not limited to: Tamara Muller, and Celeste Clark, committed one or more of the following acts of negligence:

a. Failed to follow its' own policies and procedures in checking the references of EDNA BRIGGS- GUNTHER;

b. Negligently hired EDNA BRIGGS- GUNTHER;

c. Negligently retained EDNA BRIGGS -GUNTHER;

d. Negligently placed EDNA BRIGGS- GUNTHER in the ZAGAL home;

e. Failed to provide “IPI Vent and SCI training”;

f. Failed to provide Pediatric Advanced Life Support certification;

g. Failed to provide training to EDNA BRIGGS- GUNTHER;

h. Failed to provide specific instructions regarding the care of EVELYN ZAGAL;

i. Presented and held out the Defendant, EDNA BRIGGS-GUNTHER, to the ZAGAL family as a person who was qualified and fit to perform in home nursing services for Plaintiffs' decedent, EVELYN ZAGAL, when it knew or in the exercise of reasonable care, should have known she was not so qualified, fit, adequately trained, or competent to render pediatric care to Plaintiffs' decedent, EVELYN ZAGAL;

j. Presented and held out the Defendant, EDNA BRIGGS GUNTHER, to the ZAGAL family as a person who was qualified and fit to perform in home nursing services for Plaintiffs' decedent, EVELYN ZAGAL, when it knew or in the exercise of reasonable care, should have known she was unfit for night shift duties as she was employed in a full time day position, had responsibility for the care of her grandchildren and had been found sleeping soundly on the job and utilized medications that impaired her alertness, therefore increasing the likelihood of her lack of attentiveness, sleeping and lethargy rendering her unqualified or unfit to perform pediatric nursing services exposing Plaintiffs' decedent, EVELYN ZAGAL, to an unreasonable risk of harm.

35. That as a direct and proximate result of one or more of the aforesaid negligent acts, EVELYN ZAGAL was injured and died and suffered personal and pecuniary damages, including the pain of suffocation and pain and suffering due to lack of oxygen and due to the death of the organs of her body prior to her death.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, INDEPENDENCE PLUS, INC., in a sum in excess of $50,000.00 plus costs of suit.

COUNT VI (SIX)

WRONGFUL DEATH 740 ILCS 180

EDNA BRIGGS-GUNTHER

NOW COMES the Plaintiff, TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor, by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant EDNA BRIGGS-GUNTHER states as follows.

1. At all times relevant hereto, the Plaintiff, TERESA ZAGAL, individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor was a resident of Winnebago County, Illinois.

2. At all times relevant hereto, the Defendant, INDEPENDENCE PLUS INC. was a home care specialist company providing home care services to “catastrophic survivor” patients. Defendant's place of business is located at 6707 North Avenue, Oak Park, Illinois, Cook County.

3. On or about April 12, 2005 INDEPENDENCE PLUS, INC. contracted with the Plaintiff, TERESA ZAGAL, to provide home care services and nursing care to her daughter, EVELYN ZAGAL.

4. EVELYN ZAGAL, a minor child, had a tracheostomy site on her body through which a trachea cannula was inserted. The tracheostomy and inserted cannula was necessary to maintain the airway of EVELYN ZAGAL.

5. That INDEPENDENCE PLUS, INC. hired EDNA BRIGGS-GUNTHER as their employee and allowed EDNA BRIGGS-GUNTHER to provide home care services to EVELYN ZAGAL.

6. On and about May 9 and 10, 2006 EVELYN ZAGAL required observation and skilled nursing care to monitor her respiratory status and to maintain the patency of her tracheostomy cannula and to protect her from decannulation, promptly treat decannulation if it occurred and to resuscitate EVELYN if required.

7. EVELYN ZAGAL's home was equipped with monitoring devices and life saving medical equipment ordered by her medical providers.

8. It was the duty of the Defendant, EDNA BRIGGS-GUNTHER, a registered nurse providing pediatric homecare nursing services to apply the knowledge and use the skill and care ordinarily used by reasonably well-qualified registered nurses in the same or similar circumstances as alleged herein.

9. That the Defendant EDNA BRIGGS-GUNTHER was negligent in the care and treatment of EVELYN ZAGAL in one or more of the following respects:

a. Failed to observe that the patient had decannulated;

b. Failed to establish an airway before alerting a family member;

c. Failed to establish an airway;

d. Failed to promptly perform resuscitation when required;

e. Failed to monitor;

f. Failed to provide supplemental oxygen;

g. Failed to avoid decannulation;

h. Failed to continuously observe Evelyn Zagal;

i. Failed to provide adequate nursing care to Evelyn Zagal;

j. Failed to treat pain and discomfort;

k. Failed to note evidence of suffocation;

l. Failed to protect Evelyn Zagal from injury,

m. Handled the child in a rough manner thus causing decannulation;

n. Failed to comply with the Illinois Nurse Practice Act;

o. Accepted the assignment to attend to Evelyn Zagal despite knowledge that she lacked the necessary nursing skills to properly attend to the child;

p. Accepted the assignment to attend to Evelyn Zagal despite her sleepless state that prohibited her from being mentally alert to properly attend to the needs of the child;

q. On information and belief was sleeping on duty at the Zagal home;

r. On information and belief had consumed medications that affected her alertness and impaired her ability to attend to Evelyn Zagal;

s. Misrepresented her qualifications regarding pediatric training;

t. Failed to ensure qualified nursing personnel were in place to attend to the needs of Evelyn Zagal, a disabled infant.

10. That as a direct and proximate result of one or more of the aforesaid negligent acts or omissions, EVELYN ZAGAL suffered severe anoxia and multi-system organ failure and was declared brain dead and died on May 11, 2006 as a result of suffocation and asphyxiation.

11. The acts and omissions of EDNA BRIGGS-GUNTHER deprived EVELYN ZAGAL of an opportunity to survive or recover from her condition.

12. That EVELYN ZAGAL left surviving her mother and father, TERESA AND CARLOS ZAGAL who have been deprived of their child's love, affection, companionship, friendship, comfort and society and her brother ALEX O'CAMPO a minor who has been deprived of his sister's love, affection, companionship, comfort and society.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, EDNA BRIGGS-GUNTHER in a sum in excess of $50,000.00 plus costs of suit.

COUNT VII (SEVEN)

FAMILY EXPENSE ACT 750 ILCS 65/15 (a) (1)

EDNA BRIGGS-GUNTHER

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, EDNA BRIGGS-GUNTHER states as follows.

1.- 11. Plaintiff realleges and reaffirms paragraphs 1 through 11 of Count VI as paragraphs through 11 of this Count VII as though fully set forth verbatim herein

12. As a direct and proximate result of one or more of the foregoing acts of negligence of the Defendant, the Plaintiff was caused to incur medical expenses in an effort to be cured of her illness and injury and expended necessary expenses for the decedent's funeral, burial, and related services.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, EDNA BRIGGS-GUNTHER in a sum in excess of $50,000.00 plus costs of suit.

COUNT VIII (EIGHT)

SURVIVAL ACTION

EDNA BRIGGS-GUNTHER

NOW COMES the Plaintiff TERESA ZAGAL as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, and next best friend of EVELYN ZAGAL, Deceased, and ALEX O'CAMPO, a minor by her attorneys, THE SZYMANSKI KOROLL LITIGATION GROUP, and complaining of the Defendant, EDNA BRIGGS-GUNTHER, states as follows.

1.-11. Plaintiff realleges and reaffirms paragraphs 1 through 11 of Count VI as paragraphs through 11 of this Count VIII as though fully set forth verbatim herein.

12. That as a direct and proximate result of one or more of the aforesaid negligent acts, EVELYN ZAGAL was injured and died and suffered personal and pecuniary damages, including her pain and suffering from suffocation and pain due to the death of her organs before her death occurred.

WHEREFORE, the Plaintiff, TERESA ZAGAL individually and as Special Administrator of the Estate of EVELYN ZAGAL, Deceased, prays for judgment against the Defendant, EDNA BRIGGS-GUNTHER in a sum in excess of $50,000.00 plus costs of suit.

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