diagnosis of Wernicke’s Encephalopathy and her imaging was not consistent with that
pathology. Nevertheless, Mrs. Abbott was started on high-dose Thiamine for 3 days, then
reduced to 100 mg of Thiamine orally 3 times a day because of a shortage of IV Thiamine. Mrs.
Abbott was unable to benefit from the orally administered Thiamine due to her persistent PO
intolerance. On April 19, 2019, Mrs. Abbott was discharged via ambulance to the Select Rehab
Hospital of San Antonio for eight weeks of physical therapy. At her discharge Mrs. Abbott was
unable to stand or sit without assistance. Her admitting diagnosis at the Select Rehab Hospital
was encephalopathy and included Thiamine deficiency with deconditioning and generalized
malnutrition following bariatric surgery. On May 14, 2019 Mrs. Abbott was discharged to the
Parklane West Healthcare Center, a skilled nursing facility for further rehabilitation. On June 20,
2019, Mrs. Abbott was transferred to the Kindred Hospital, long-term care facility. Following
nine days of therapy, on June 29, 2019, Mrs. Abbott was discharged to her home where she was
to receive Home Health Care. Her discharge diagnosis included “quadriparesis, essential tremor,
severe debility due to prolonged illness”.
NEGLIGENT ACTS AND/OR OMISSIONS

9. Plaintiffs, MONTOYA ASIA ABBOTT and RONTRAE ABBOTT would show that the
Defendant, UNITED STATES OF AMERICA, acting by and through its agents, servants and/or
employees at Brooke Army Medical Center, was negligent in the healthcare and treatment
provided to Plaintiff, MONTOYA ASIA ABBOTT, and that such negligence was a direct and
proximate cause of the injuries and damages suffered by the Plaintiffs herein. Such negligent
acts and/or omissions include, but are not limited to the following:

(A) Failure to provide Plaintiff MONTOYA ASIA ABBOTT, post-operative
medical care up to and within the requisite standard of care.


Emergency Department at Brooke Army Medical Center complaining of nausea, vomiting,
confusion and lethargy. Upon her arrival in the Emergency Department she was found to be in an
altered mental state and unable to provide a reliable history. Mrs. Abbott stated she had
persistent nausea and vomiting for the preceding three (3) days and stated she felt “weird” and
unlike herself. An abdominal CT scan was performed and found to be within normal limits. An
EKG failed to identify any acute process or ischemia. The Bariatric Surgery Service had no
explanation for Mrs. Abbott’s presenting symptoms; however, B-12 and Thiamine deficiency
was considered as a possible etiology for altered mental state. After some improvement
following a reduction in her medication, Mrs. Abbott was discharged on April 7, 2019, to her
home with Home Health Care scheduled to address her PO intolerance, generalized weakness
and deconditioning. On April 10, 2019, Mrs. Abbott was again transported by EMS to the
Emergency Department at Brooke Army Medical Center and was admitted to the hospital with a
diagnosis of confusion, disorientation, and lethargy. She also had difficulty ambulating and
persistent nausea. During this admission Mrs. Abbott’s diagnosis included Vitamin D deficiency,
Thiamine deficiency, Vitamin B12 deficiency and hypokalemia. Mrs. Abbott’s altered mental
state rendered her unable to provide a reliable history. During this admission Mrs. Abbott was
accompanied by her mother, Annie Carter, who was able to provide some additional historical
information about her daughter. Mrs. Abbott’s mother informed her daughter’s physicians that
Mrs. Abbott was confused, weak and had been PO intolerant for several weeks. After undergoing
a nutritional status evaluation, Mrs. Abbott was found to have a Vitamin B12, Vitamin D and
significant Thiamine deficiency. Because of her Thiamine deficiency with peripheral neuropathic
pain and altered mental state, a differential diagnosis of Wernicke’s Encephalopathy was

considered; however, her physicians felt that her Thiamine level was not low enough to support a


(B) Failure to timely diagnose and treat Plaintiff, MONTOYA ASIA
ABBOTT’S, vitamin and thiamine deficiency; and

(C) Failing to act as physicians and healthcare providers of ordinary prudence
would have acted under the same or similar circumstances.
10. Each and all of the above foregoing acts of the Defendant, both of omission and
commission, were negligent and constituted negligence, and each and all were a proximate cause
of the injuries and damages sustained by the Plaintiffs herein.
DAMAGES
11. Asa result of the negligence of the physicians and staff at Brooke Army Medical Center,
the Plaintiff, MONTOYA ASIA ABBOTT has been caused to sustain physical pain, mental
anguish, physical impairment, and physical disfigurement in the past, and will, in reasoning
medical probability, continue to sustain these injuries in the future. Additionally, MONTOYA
ASIA ABBOTT has incurred medical, hospital, and therapy expenses in the past, and will, in
reasonable medical probability, continue to incur these expenses in the future. MONTOYA
ASIA BBOTT has also sustained a loss of earnings in the past, and will, in reasonable
probability, continue to sustain these losses in the future. Plaintiff, RONTRAE ABBOTT,
husband of MONTOYA ASIA ABBOTT, has been caused to sustain a loss of consortium and
the loss of household services in the past, and will, in reasonable probability, continue to sustain
these losses in the future as a result of the injury sustained to his wife.
DAMAGE LIMITATIONS

12. Plaintiffs believe and allege that the damages caused by the negligent acts of omissions
and/or commissions of the Defendant, has injured the Plaintiffs in an amount within the

jurisdictional limits of this Court.


THE UNITED STATES DISTRICT COURT
THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION
MONTOYA ASIA ABBOTT and §
RONTRAE ABBOTT, §
§
Plaintiffs, §
§
VS. § CIVIL NO. SA 20-CV-0173
§
§
THE UNITED STATES OF AMERICA, 8
§
Defendant. §

PLAINTIFFS’ ORIGINAL COMPLAINT

TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
lB Now comes, MONTOYA ASIA ABBOTT and RONTRAE ABBOTT, hereinafter
referred to as Plaintiffs in the above styled and numbered cause, complaining of the UNITED
STATES OF AMERICA, hereinafter referred to as Defendant, and for cause of action would
respectfully show unto the Court as follows:

JURISDICTION
2. Jurisdiction in this case is founded on the Federal Tort Claims Act, Title 28 U.S.C.
§1346(b), and 28 U.S.C. §1367. The amount in controversy exceeds the sum of $100,000.00,
exclusive of interest, costs, and attorney's fees.

YENUE

3. Plaintiffs, MONTOYA ASIA ABBOTT and RONTRAE ABBOTT are resident/citizens

of San Antonio, Bexar County, Texas.


13. WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendant herein be
duly cited to appear and answer herein, and that upon final hearing of this suit, Plaintiffs have
and recover judgment from the Defendants, in an amount within the jurisdictional limits of this
Court, together with post-judgment interest as allowed by law, plus reasonable costs of Court,
and for such other and further relief, both general and special, in law and equity, to which the

Plaintiffs’ may show themselves to be justly entitled.

Respectfully submitted,

TINSMAN & SCIANO, INC
10107 McAllister Freeway,
San Antonio, Texas 78216
TEL: (210) 225-3121

FAX: (210) 225-6235

jca@texaslawfirm.com

C. ANDERSON
STATE BAR NO. 01190500

ATTORNEY FOR PLAINTIFFS


4, Each of the relevant acts complained of occurred in San Antonio, Bexar County, Texas,
within the San Antonio Division of the United States District Court for the Western District of
Texas.
ADMINISTRATIVE CLAIMS

BY Plaintiffs, MONTOYA ASIA ABBOTT and RONTRAE ABBOTT have filed their
original Claims for Damages with the Department of the Army, Brooke Army Medical Center,
Fort Sam Houston, Texas, which was received by the Departments of the Army June 20, 2019,
more than six (6) months prior to the filing of this Original Complaint. The Departments of the
Army has not denied the Plaintiffs’ claims; however, the investigative six (6) month period has
expired as of December 21, 2019.

SERVICE
6. Service of citation may be had upon the Defendant, UNITED STATES OF AMERICA,
by serving its agent, John Bash, United States Attorney for the Western District of Texas, at his
office located at 601 NW Loop 410, San Antonio, Bexar County, Texas 78216, and by sending a
true and correct copy of this Complaint by Certified Mail, Return Receipt Requested, Restricted
Deliver to The Honorable William Barr, Attorney General of the United States, The Department
of Justice, 10" and Constitution N.W., Room B-112, Washington, D.C. 20530

AGENCY
7. The Defendant, UNITED STATES OF AMERICA, acting by and through its agents,
servants and/or employees of the Department the Army, owns and operates the Brooke Army
Medical Center located at Fort Sam Houston, Bexar County, Texas. Said facility provides

healthcare services for persons such as MONTOYA ASIA ABBOTT.


FACTUAL BACKGROUND
8. Plaintiff, MONTOYA ASIA ABBOTT is a 37-year-old woman who was born on
November 4, 1982. On January 29, 2019, Mrs. Abbott underwent uncomplicated laparoscopic
Roux-en-Y gastric bypass surgery at Brooke Army Medical Center. On February 2, 2019, she
was discharged to her home. While at home, Mrs. Abbott continued to experience extreme pain
after the surgery, but was told that this was normal. She also complained about persistent nausea
and not being able to” keep any food down” but was told that this was also normal. On March 7,
2019, Mrs. Abbott presented to the Emergency Department at Brooke Army Medical Center
where she complained of persistent nausea and vomiting, abdominal pain, and no bowel
movement for over 3 days. Mrs. Abbott was admitted to the hospital from the Emergency
Department with an admitting diagnosis of mild acute pancreatitis, persistent PO intolerance,
nausea, anxiety and an adjustment disorder. Several tests were performed, but none of the result
provided a definitive diagnosis of her persistent abdominal problems. She was, nevertheless,
again discharged to her home on March 13, 2019. On March 18, 2019, Mrs. Abbott was admitted
to the Brooke Army Medical Center again complaining of persistent PO intolerance, nausea and
abdominal discomfort. Following a suspected diagnosis of gallbladder dysfunction, a
cholecystectomy was planned for the following day. On March 19, 2019, Mrs. Abbott underwent
a laparoscopic cholecystectomy which was completed without complications. On March 21,
2019, Mrs. Abbott was discharged to her home following minor improvement in her complaints
of nausea and abdominal pain; however, on March 29, 2019, Mrs. Abbott returned again to the
Emergency Department at Brooke Army Medical Center complaining of abdominal pain, nausea,
and PO intolerance. When her symptoms eventually resolved, Mrs. Abbott was again released

once more to her home. On April 5, 2019, Mrs. Abbott was transported by EMS to the