McKeen & 

Associates, P.C. 645 Griswold Street, Suite 4200 Detroit, MI 48226 (313) 961-4400

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

DANIEL HOOK, 

 Plaintiff, Case No. 2:15-cv-10152 

 

vs. Hon. 

UNITED STATES OF AMERICA, 

 Defendant. 

BRIAN J. McKEEN (34123) 

J. KELLY CARLEY (P38892) 

McKEEN & ASSOCIATES, P.C. 

Attorneys for Plaintiff 

645 Griswold Street, Suite 4200 

Detroit, Michigan 48226 

(313) 961-4400 

COMPLAINT 

PRELIMINARY STATEMENT 

1. Plaintiff, DANIEL HOOK, was a resident of the City of Trenton, County of Wayne, State 

of Michigan, at the time of the malpractice alleged in this matter. 

2. Plaintiff brings this action against the Defendant, United States of America under the 

Federal Tort Claims Act. 

3. DR. JAMIE SUTTON, is a Michigan licensed physician, board-certified in internal 

medicine, who was practicing emergency medicine in the City of Ann Arbor, County of 

Washtenaw, State of Michigan, at the time of the malpractice alleged in this matter. 

4. At all times pertinent to the allegations in this Complaint, the Department of Veteran 

Affairs (hereafter V.A.) was an executive agency of the United States government. 

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McKeen & 

Associates, P.C. 645 Griswold Street, Suite 4200 Detroit, MI 48226 (313) 961-4400

5. At all times pertinent to the allegation in this Complaint, Dr. Jamie Sutton was employed 

by the V.A. and United States of America. 

JURISDICTION AND VENUE 

6. This Court has jurisdiction over the subject matter of this Complaint under 28 U.S.C. § 

1331 and 1346(b). 

7. On or about June 26, 2013, Plaintiff submitted an Administrative Tort Claim to Claims 

Office CELB/GLD/OGC and the V.A. Plaintiff’s claim was denied on July 16, 2014, therefore, 

Plaintiff has exhausted all available administrative remedies. 

8. Venue is properly with this District under U.S.C. § 1402(b) as the acts that are the subject 

of this Complaint occurred in Washtenaw County at the time of the malpractice and at that time 

the Plaintiff resided in Wayne County. 

PARTIES 

9. At all times relevant hereto the Plaintiff, Daniel Hook, was a resident of the City of 

Trenton, County of Wayne, State of Michigan. 

10. At all times relevant hereto, Dr. Jamie Sutton, was a physician employed by the V.A., an 

executive agency of the United States of America. 

11. At all times relevant hereto, Dr. Sutton was acting within the scope of his employment 

with the V.A., as such, the Defendant, the United State of America is the appropriate Defendant. 

FACTUAL ALLEGATIONS 

12. The Plaintiff realleges paragraphs 1 through 11 as if set forth fully herein. 

13. On July 17, 2011, the Plaintiff, Mr. Hook, then 79, presented to the emergency room at 

the VA Hospital in Ann Arbor with complaints of abdominal pain and nausea. 

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McKeen & 

Associates, P.C. 645 Griswold Street, Suite 4200 Detroit, MI 48226 (313) 961-4400

14. Mr. Hook came under the care of Jamie Sutton M.D., who found that Mr. Hook had a 

distended abdomen. 

15. Blood work indicated an elevated WBC with a shift to the left. 

16. An abdominal x-ray showed multiple loops of dilated small bowel resulting in air-fluid 

levels which were consistent with a small bowel obstruction. It was further noted that the x-ray 

was ABNORMAL and ATTENTION was NEEDED. 

17. Mr. Hook was given an enema and discharged with a diagnosis of constipation. 

18. The next day, July 18, 2011, Mr. Hook presented to the Henry Ford Hospital Wyandotte 

emergency room with continued complaints of abdominal pain. 

19. Mr. Hook vomited and aspirated black, bilious vomitus in the emergency room which 

caused aspiration pneumonia and ultimately septic shock. 

20. Mr. Hook was diagnosed with a small bowel obstruction. 

21. Mr. Hook’s condition continued to deteriorate and he could not be weaned off the 

ventilator therefore on July 30, 2011 he was transferred to Henry Ford Hospital Detroit. 

22. While at HFH Detroit Mr. Hook continued treatment for his pneumonia and a DVT that 

he developed. Ultimately was discharged on August 16, 2011. 

23. As result of the failure to diagnose and treat Mr. Hook's small bowel obstruction on 

January 17, 2011 at the Ann Arbor VA Hospital he suffered severe damages including, but not 

limited to, aspiration pneumonia, which permanently damaged his lungs; septic shock; bowel 

damage; unnecessary hospitalizations; DVT; decubitus ulcers; and an overall diminishment in 

his health. 

FEDERAL TORT CLAIM ACT – MEDICAL NEGLIGENCE 

24. Plaintiff realleges paragraphs 1 through 23 as if set forth fully herein. 

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McKeen & 

Associates, P.C. 645 Griswold Street, Suite 4200 Detroit, MI 48226 (313) 961-4400

25. At all times pertinent hereto, Dr. Jamie Sutton, owed a duty to the Plaintiff, Daniel Hook, 

to render medical treatment in a reasonable and prudent manner consistent with the applicable 

standard of care for internists practicing emergency medicine. 

26. Notwithstanding his suspected duty, Dr. Jamie Sutton, was professionally negligent and 

breached his duties to the Plaintiff, Daniel Hook, in the following ways: 

a. Failing to recognize the significance of Mr. Hook's small bowel 

obstruction as identified on abdominal x-ray; 

b. Failing to recognize the significance of the air–fluid levels as 

identified abdominal x-ray; 

c. Failing to recognize the significance of Mr. Hook's elevated WBC 

at 15.8 (n. 4 – 11); 

d. Failing to recognize the significance of Mr. Hook's elevated 

neutrophil percentage at 87.9% (n. 45 – 75%) or leftward shift; 

e. Failing to diagnose Mr. Hook's small bowel obstruction; 

f. Failing to diagnose Mr. Hook's disease and/or acute pathology; 

g. Failing to place a nasogastric tube; 

h. Failing to consult the surgical service and/or gastroenterology 

service; 

i. Failing to admit Mr. Hook's for further observation, testing and 

treatment. 

27. As a direct and proximate result of the above breaches in the standard of care by the 

Defendant, Dr. Jamie Sutton, the Plaintiff, Daniel Hook, suffered the following damages 

including, but not limited to, aspiration pneumonia, permanent damage to his lungs, septic shock, 

bowel damage, unnecessary hospitalizations and expense, DVTs, decubitus ulcers, physical and 

emotional pain, mental suffering, unnecessary medical expenses, and a general diminishment of 

his overall health. 

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McKeen & 

Associates, P.C. 645 Griswold Street, Suite 4200 Detroit, MI 48226 (313) 961-4400

DAMAGES 

28. Plaintiff realleges paragraphs 1 through 27 as if set forth fully herein. 

29. As a direct and proximate result of the professional negligence and medical malpractice 

described above, the Plaintiff, Daniel Hook, has suffered serious and permanent injury; extreme 

pain; mental anguish; anxiety and depression; disfigurement; loss of substantial sums of money 

for both past and future hospital, medical, clinic, and prescription costs; permanent lung damage 

and a general diminishment of his overall health. 

WHEREFORE, the Plaintiff, DANIEL HOOK, respectfully requests compensatory 

damages, reasonable attorney fees and costs, and such other relief that is just and appropriate. 

Respectfully Submitted: 

McKEEN & ASSOCIATES, P.C. 

__/s/ J. Kelly Carley___________ 

BRIAN J. MCKEEN (P34123) 

J. KELLY CARLEY (P38892) 

Attorneys for Plaintiff 

645 Griswold Street, Suite 4200 

Detroit, MI 48226 

(313) 961-4400 

DATED: January 14, 2015 

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