IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION

SUSANA LYON

c/o Heartlands of Marysville

755 South Plum Street

Marysville, OH 43040

Plaintiff, Case No. 18-279

vs.

UNITED STATES OF AMERICA AFFIDAVITS OF MERIT

c/o Benjamin C. Glassman ATTACHED

303 Marconi Blvd

#200

Columbus, OH 43215

Defendant,

COMPLAINT

Now comes Plaintiff Susanna Lyon, by and through counsel, and for her cause of action 

states as follows:

PARTIES

1. At all times relevant herein, Plaintiff Susanna Lyon was a resident of Hilliard in 

Franklin County, Ohio. 

2. At all times relevant herein, Lower Lights Christian Health Center was a federally 

supported health center, with its principal place of business in Columbus, Franklin County, Ohio that 

employed physicians, physician assistants, nurses, technicians, and other personnel, including but 

not limited to Jennifer J. Hartman, M.D. (hereinafter referred to as Dr. Hartman) to evaluate, care 

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 1 of 8 PAGEID #: 11
2

for, and treat patients. Lower Lights Christian Health Center was a covered entity deemed an 

employee of the Public Health Service for purposes of 42 U.S.C. § 233(a). 

3. At all times relevant herein, Dr. Hartman was acting within the scope and course of 

her employment as deemed employees of the Public Health Service for purposes of 42 U.S.C. § 

233(a). 

JURISDICTION AND VENUE

4. By enactment of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 1346(b) and 

2671, et seq., Congress waived the United States’ immunity from suit for certain tort actions and 

vested federal district courts with exclusive jurisdiction over civil actions or claims against the 

United States for negligent and wrongful acts or omissions of federal employees and officers acting 

within the scope of their employment and office.

5. Prior to filing a lawsuit in federal district court under the FTCA, an administrative 

tort claim must be filed with the appropriate agency pursuant to 28 U.S.C. § 2675(a).

6. More than six months have elapsed since the administrative tort claim was filed and 

the agency closed its file. Thus, the administrative tort claim is deemed to have been denied by 

operation of the FTCA and Plaintiffs have filed this action.

7. Further, pursuant to 28 U.S.C. § 1332(b), Plaintiffs have suffered damages in 

excess of $75,000, and jurisdiction is therefore proper in this Court.

8. Venue is proper in this district under 28 U.S.C. § 1391(b)(2) because a substantial 

part of the events and omissions giving rise to the claims herein occurred in Clermont County, 

which is in the Western Division of the Southern District of Ohio pursuant to 28 U.S.C. §

115(b)(1).

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 2 of 8 PAGEID #: 12
3

SERVICE OF PROCESS

9. Service of process is permitted on Defendant United States of America by virtue 

of Rule 4(i)(1) of the Federal Rules of Civil Procedure.

COMMON FACTUAL ALLEGATIONS

10. On or about May 27, 2015, Plaintiff Susana Lyon initially presented to Lower 

Lights Christian Health Center with a history of GERD and tachycardia. Plaintiff was examined 

by Dr. Hartman who noted her weight as 368 pounds. 

11. On or about October 22, 2015, Plaintiff Susana Lyon returned to see Dr. Hartman 

with symptoms of gastroparesis, which were noted to have begun a year earlier and were severe 

and occurring daily. Plaintiff’s weight was noted as 338 pounds. 

12. Plaintiff’s condition continued to worsen and by the time she presented to Dr. 

Hartman on November 16, 2015, her weight was down to 315.40 pounds. Plaintiff reported that 

she had had no food for the previous 16 days due to abdominal pain and nausea/vomiting, was 

unable to urinate because she had only one bottle of water to drink in the previous four days, and 

had become increasingly short of breath. 

13. On or about November 24, 2015, Plaintiff Susana Lyon presented to the 

emergency department at Riverside Methodist Hospital, reporting that she had not been able to 

keep water down for the previous four days, though she had been able to keep her pills down. 

She also reported she had intractable vomiting with nausea and had not been able to eat for 24 

days. She reported that over the previous two months she had been in and out of the emergency 

department, where she received IV fluids and felt better. She reported dizziness and was 

prescribed Antivert for that complaint. She also had hypomagnesmia for which she was given a 

replacement. 

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 3 of 8 PAGEID #: 13
4

14. Plaintiff Susana Lyon was admitted to Riverside Methodist Hospital on 

November 24, 2015, under the care of Dr. Douglas Rethman, Dr. Jaykumar Menon, Dr. Brian 

Torma, Suzanne Scholl, CNP, and Kristin Roshon, CNP. She was discharged on December 7, 

2015.

15. On or about December 9, 2015, Plaintiff Susana Lyon returned to the emergency 

department at Riverside Methodist Hospital with persistent nausea and positional vertigo with 

spinning, as well as diplopia and blurred vision. She also had very low potassium (2.5) and 

required replacement. She complained of a fall, weakness, and parethesias.

16. Plaintiff was admitted to Riverside Methodist Hospital on December 9, 2015. Dr. 

David Sypert took a history and physicial, noting a mild horizontal nystagmus on lateral gaze, 

bilaterally. During this admission, Plaintiff Susana Lyon was under the care of Dr. Blasé 

Hennessy. A consult with a dietician was ordered and evidence of malnutrition was discovered. 

Plaintiff’s folate level was 2.5 (3.1-17.5 is normal), and replacement was ordered. A thiamine 

level was not ordered. 

17. Dr. Hennessy also ordered a neurology consulted to Dr. Jennifer Mejilla. Plaintiff 

Susana Lyon was discharged from Riverside Methodist Hospital on December 15, 2015.

18. On December 16, 2015, Plaintiff Susana Lyon returned to see Dr. Hartman at 

Lower Lights Christian Health Center. By then, her weight was down to 299.2 pounds, and she 

was experiencing persistent worsening weakness, with symptoms of gait disturbance, numbness, 

and vertigo. Despite Plaintiff’s significant unintentional weight loss, Dr. Hartman did not draw 

labs, including thiamine and other B vitamins, or obtain a thyroid level.

19. On or about December 21, 2015, Plaintiff presented to the emergency department 

at Riverside Methodist Hospital and was admitted under the care of Dr. Daniel Morrow and Dr. 

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 4 of 8 PAGEID #: 14
5

Mu Chun Tsai. Dr. Mu Chun Tsai ordered a neurology consulted with Dr. Kristin Johnson. 

Barbara Dickson, CNP ordered a B1 level on December 23, 2015, but it was not reported until 

after she had already been discharged from Riverside. 

20. Upon her discharge from Riverside Methodist Hospital on December 23, 2015, 

Plaintiff Susana Lyon was admitted to Altercare of Hilliard, an extended care facility, where she 

was under the care of Dr. Daniel Miller. On December 28, 2015, the results of the B1 level done 

on December 23, 2015 were reported to Dr. Daniel Miller and Altercare at 20 (70-180 normal). 

An order for a multivitamin was placed on December 28, 2015.

21. On or about January 15, 2016, Plaintiff Susana Lyon was finally taken to see 

another neurologist, Dr. Yixin Lin, who immediately admitted Plaintiff to The Ohio State 

University Wexner Medical Center for further workup and treatment, including administering IV 

vitamins. Plaintiff Susana Lyon was ultimately referred to a neurologist, Dr. Adam Quick, and 

diagnosed with severe nutritional deficiency (B12, thiamine, folate) and Wernicke-Korsakoff 

syndrome (hereinafter referred to as Wernicke’s), leading to severe peripheral neuropathy.

22. As a result of Defendants’ failure to order vitamin replacement , including but not 

limited to, vitamin B1 (thiamine) replacement, Plaintiff Susana Lyon developed Wernicke’s and 

suffered permanent neurological injury. Plaintiff Susana Lyon now lives in a nursing home, at 

the age of 34.

23. Plaintiff Susana Lyon was suffered brain injury as a result of her vitamin 

deficiency and became capable of making decisions after May 27, 2016. 

PLAINTIFFS’ CAUSE OF ACTION

[Medical Negligence]

24. Plaintiffs incorporates by reference any and all statements and allegations 

contained in Paragraphs 1 through 23. 

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 5 of 8 PAGEID #: 15
6

25. The defendants, jointly and severally, fell below the accepted standard of care, 

skill and diligence for health care providers and medical provider employees in Ohio or other 

similar communities in their diagnostic care and medical treatment of Plaintiff Susana Lyon. 

Specifically, Defendants, individually and by and through their physicians, nurses, technicians, 

aides, administrators, staff and employees, were negligent and not reasonably careful in their 

care and treatment of Plaintiff under the circumstances and thus failed to meet the accepted 

standard of care, skill, and diligence when Plaintiff presented with significant unintentional 

weight loss, complaints of nausea and vomiting, and neurologic symptoms by failing to order IV 

thiamine, and failing to order oral multivitamins. Defendants were negligent in other respects as 

well. 

26. As a direct and proximate result of the aforementioned negligence and failures of 

the named Defendants, individually, and by and through employees and/or agents, Plaintiff 

Susana Lyon developed vitamin deficiency, including thiamine deficiency, leading to 

Wernicke’s. As a further direct and proximate result of the aforementioned negligence and 

failures of the named Defendants, individually, and by and through employees and/or agents, 

Plaintiff has suffered severe and permanent neurologic deficits including, but not limited to, 

difficulties with her balance and gait, requiring rehabilitation. Defendants’ negligence has 

caused Plaintiff Susana Lyon to suffer extensive and permanent deficits resulting in increased 

physical pain, mental anguish and extreme emotional distress, medical care and treatment, 

associated medical costs, loss of income, and loss of earning capacity, as well as the loss of the 

enjoyment of life and the ability to perform usual and customary activities, all of which will 

continue indefinitely into the future.

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 6 of 8 PAGEID #: 16
7

27. The care and treatment rendered to Plaintiff Susana Lyon by the named 

Defendants, employees and/or agents of Lower Lights Christian Health Center, including but not 

limited to Dr. Hartman, was negligent and fell below the accepted standards of care, skill, and 

diligence for physicians, nurses, aides, technicians, administrators, and other health care 

personnel, thus causing Defendant to breach its duty of care owed to said Plaintiff. 

28. By virtue of the doctrine of respondeat superior, Defendant United States of 

America, is liable for the negligent acts and omissions of the employees and/or agents of Lower 

Lights Christian Health Center, including, but not limited to, Dr. Hartman. 

29. As a direct and proximate result of the failure of the employees and/or agents of 

Lower Lights Christian Health Center to discharge its duty of care owed to Plaintiff Susana 

Lyon, and its failure to meet the accepted standards of care, skill, and diligence, Defendant 

employees and/or agents failed to timely diagnose Plaintiff Susana Lyon’s vitamin deficiency, 

failing to draw levels for thiamine and other B vitamins, by failing to check thyroid function, by 

failing to order IV thiamine, and failing to order oral multivitamins. The negligence of Lower 

Lights Christian Health Center’s employees and/or agents, including but not limited to Dr. 

Hartman, has caused Plaintiff Susana Lyon to suffer extensive and permanent deficits, resulting 

in increased physical pain, mental anguish, and extreme emotional distress, medical care and 

treatment, associated medical costs, loss of income, loss of earning capacity, as well as the loss 

of enjoyment of life and the ability to perform usual and customary activities, all of which will 

continue indefinitely into the future. 

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 7 of 8 PAGEID #: 17
8

DEMAND

WHEREFORE, Plaintiff Susana Lyon demands judgment against the United States of 

America on all claims presented herein as to medical negligence, and an award of compensatory, 

consequential, incidental, special, and medical damages in an amount greater than Seventy-Five 

Thousand Dollars ($75,000.00) together with attorney fees and costs herein expended and such 

other relief as may be just and appropriate in this case.

Respectfully submitted,

__________________________________________

David I. Shroyer (0024099)

Mollie Slater (0087765)

Colley Shroyer & Abraham Co., LPA

536 South High Street, 2nd Floor

Columbus, Ohio 43215

T: (614) 228-6453

F: (614) 228-7122

Email: dshroyer@csajustice.com

Attorneys for Plaintiff

s/David I. Shroyer

Case: 2:18-cv-00279-MHW-EPD Doc #: 1-3 Filed: 03/29/18 Page: 8 of 8 PAGEID #: 18