48. Shortly after surgery Mr. B had neck discomfort and difficulty swallowing.

49. At 1 pm he was noted to have an occasional cough. Mr. B's cough continued

throughout the day.

50. After surgery Mr. B began complaining that he felt like he had a "golf ball" or

''walnut" stuck in his throat.

51. At 4 pm Mr. B was noted to be sitting upright at 80-90 Degrees. Sitting

straight up at 80-90 degrees is a sign that a patient may be having trouble breathing.

52. Mr. B complained that his cervical collar was pressing against his neck and

the collar was removed and readjusted. The nurse who removed and readjusted the

cervical collar told Mr. B "don't tell Dr. B."

53. At 5:55 pm, Mr. B's nurse, Defendant H, called and left a message for

Defendant Dr. B's Physician's Assistant, Defendant T, P.A., an employee of

Defendant [Redacted] Physicians Network and/or Defendant [Redacted] Physician

Partners Neurosurgery and Spine, and requested an order for Decadron (a

medication used to treat post-surgical swelling).

54. At 5:59 pm, Mr. B's nurse, Defendant H, texted Defendant Physician's Assistant, T,

P.A., again requesting an order for Decadron.

55. Defendant H did not get in contact with PA Ms. T. She did not attempt to call

Defendant Dr. B, or any other physician, in order to address the concerns regarding

Mr. B's neck.

56. At the 7 pm shift change, Defendant G, took over Mr. B's nursing care from

Defendant H.

57. Mr. B continued experiencing neck discomfort and difficulty swallowing. By

8:40 pm Mr. B was coughing continuously.

58. For a patient who has recently undergone a multilevel anterior cervical

decompression with fusion, continuous coughing is a clear sign of a post-surgical

hematoma in the neck.

59. Nursing staff informed Mr. B's wife, Ms. B, that Mr. B was likely having a "panic

attack." Hospital staff patted Mr. B on the back, told him that everything was ok, and

insisted that he was fine.

60. Mr. B and his wife, Ms. B, pleaded with the nursing staff to "do

something." The nursing staff responded that they would have to "call a doctor and

wait for him to call back."

61. Ms. B pleaded with the nursing staff to "get a doctor." Ms. B was told

that no doctor was available and that the doctor in the Emergency Room was "on a

case."

62. By 8:45 pm, Mr. B was noted to have heavy continuous coughing, heavy

right-sided neck swelling extending to the jaw, and a heart rate of 130-140 beats per

minute. Mr. B was yelling "I can't breathe, I need to be suctioned, it feels like mucus is

stuck in my throat." At some point, Mr. B indicated that he needed a scalpel to

remove the airway obstruction himself.

63. At 8:58 pm Hospital nursing staff finally contacted the on-call

neurosurgeon, Dr. S, M.D., regarding Mr. B's condition.

64. Mr. B was transported to the Intensive Care Unit and arrived in the Intensive

Care Unit at approximately 9:10 pm.

65. No steps were taken to secure Mr. B's airway prior to his being transported to

the Intensive Care Unit.

66. No doctor was physically present in the ICU upon Mr. B's arrival.

67. The only medical doctor available in the ICU was Defendant Dr. P, a

"telemedicine" doctor physically located outside of the United States.

68. Defendant Dr. P examined Mr. B, virtually, through the use of telemedicine.

Defendant Dr. P failed to take appropriate steps to ensure that Mr. B's airway was

protected.

69. Upon arrival to the Intensive Care Unit, no steps were taken to protect Mr. B's

airway.

70. Despite the fact that the records indicate a "Rapid Response" had been called at

8:45 pm, and that Mr. B's neck was swollen, and he was yelling that he could not

breathe prior to being transported to the ICU, Mr. B stayed in the ICU with no doctor

physically there for approximately ten minutes.

71. Because no doctor had arrived in the ICU by 9:16, a "Mayday" was called.

72. Because no doctor had arrived in the ICU by 9:19, another "Mayday" was called.

73. Upon information and belief, no doctor had arrived in the ICU because the staff,

including Defendants Nurse G, R.N., Nurse W, R.N., Nurse S, R.N.,

had negligently failed to timely notify the physicians of Mr. B's condition and had

negligently mismanaged the earlier "Rapid Response."

74. At approximately 9:20 pm, the Hospitalist, Defendant K, arrived in the ICU.

75. Several minutes later Defendant Dr. R, M.D., an anesthesiologist who had been

called to intubate Mr. B, arrived in the ICU.

76. When Defendant Dr. R, M.D., arrived in the ICU, Mr. B was in extremis, had a

swollen mass on his neck, was drooling, had abnormal phonation, had stridor and

was in the "sniffing position."

77. When Defendant Dr. R, M.D., arrived in the ICU, it was clear that Mr. B needed to

be immediately intubated.

78. When Defendant Dr. R, M.D., arrived in the ICU, it was clear that the sutures on

Mr. B's neck needed to be removed to relieve the pressure and allow him to breathe.

79. When a patient with an expanding hematoma in the neck is in extremis with a

swollen mass on their neck, is drooling, has abnormal phonation, has stridor, and is

in the sniffing position, total loss of the patient's airway is imminent.

80. Upon entering Mr. B's ICU room, Defendant Dr. R, M.D., did not attempt to

intubate or remove the sutures on Mr. B's neck. Instead, Defendant Dr. R, M.D., exited

Mr. B's room and spent several minutes outside the room, before deciding to

transport Mr. B to the Operating Room.

81. Based on his symptoms, Mr. B was already losing his airway in the ICU and

there was no time to move him again.

82. No steps were taken to protect Mr. B's airway prior to transporting him to

the Operating Room.

83. In route from the ICU to the Operating Room, Mr. B coded due to a total loss

of his airway.

84. As a result of Mr. B's loss of airway and subsequent cardiac arrest, Mr. B

suffered severe brain damage.

85. Defendant Dr. R, M.D., never attempted to intubate Mr. B.

86. After Mr. B suffered cardiac arrest and severe brain damage, he was intubated

by another anesthesiologist who arrived on the scene.

87. Defendant Dr. R, M.D., did not remove the sutures from Mr. B's

neck until 9:47 pm, well over ten minutes after Mr. B had completely lost his airway.

88. At no point prior to Mr. B's loss of airway, did Defendants attempt to intubate

Mr. B, perform a tracheotomy, or otherwise protect his airway.

89. Mr. B never regained consciousness and passed away when life support was

removed on January 24, 2020.