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EXHIBIT A 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 1 of 23
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VERIFICATION 

 The undersigned Assistant United States Attorney, pursuant to LRCiv 3.6(b), 

states that the attached documents are true and correct copies of the court file for the 

matter captioned Amanda McKay v. Maria Mylene Fabia Abad M.D. and Sun Life 

Center for Women & Children, Inc., CV2015-01655 (Pinal County Ct., September 4, 

2015), received from the Clerk of the Court, Pinal County Superior Court, in response to 

the request of the United States Attorney’s Office for a complete copy of the file. 

 DATED this 19th of November, 2015. 

 /s Anne E. Nelson 

 ANNE E. NELSON 

 Assistant United States Attorney 

 District of Arizona 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 2 of 23
In the Superior Court of the State of Arizona 

In and For the County of _P_IN_A_L ___ _ 

CaseNumberOfi'J\ 01 5 0 1 6 55 

CIVIL COVER SHEET- NEW FILING ONLY ... , 

(Please Type or Print) ~s\-\SUR\, 

.... \\E.\... ~· \]'J Plaintiff's Attorney M. DAVID KARNAS Q~\..,. 

Attorney Bar Number __ ....::.0...:..13=-7:....:2::..::8'--------

Plaintiff's Name(s): (List all) Plaintiffs Address: 

AMANDA MCKAY on behalf of herself and BELLOVIN & KARNAS, P.C. 

statutory beneficiaries of 4810 E. BROADWAY BLVD. 

TUCSON AZ 85711 

(List additional plaintiffs on page two and/or attach a separate sheet). 

Defendant's Name(s): (List All) MARILYN MYLENE FABIA ABAD, M.D., et ux., SUN LIFE CENTER FOR 

WOMEN AND CHILDREN, INC 

(List additional defendants on page two and/or attach a separate sheet) 

EMERGENCY ORDJ5tR SOUGHT: D Temporary Restraining Order D Provisional Remedy Dose 

DEJection Challenge D Employer Sanction DOther -------------------

(Specify) 

00 RULE 8(i) COMPLEX LITIGATION APPLIES. Rule 8(i) of the Rules of Civil Procedure defines a "Complex Case" 

as civil actions that require continuous judicial management. A typical case involves a large number of witnesses, a 

substantial amount of documentary evidence, and a large number of separately represented parties. 

(Mark appropriate box on page two as to complexity, in addition to the Nature of Action case category). 

D_THIS CASE IS ELIGIBLE FOR THE COMMERCIAL COURT UNDER RULE 8.1. Rule 8.1 defines a commercial 

case and establishes eligibility criteria for the commercial court. Generally, a commercial case primarily involves issues 

arising from a business contract or business transaction. However, consumer transactions are not eligible. A consumer 

transaction is one that is primarily for personal, family or household purposes. Please review Rule 8.1 for a complete list 

ofthe criteria. See http://www.superiorcourt.maricopa.gov/commercial-court/. You must check this box if this is an 

eligible commercial case. In addition, mark the appropriate box below in the "Nature of Action" case category. The 

words "commercial court assignment requested" must appear in the caption of the original complaint. 

NATURE OF ACTION 

(Place an "X" next to the!!!!£ case category that most accurately describes your primary case.) 

TORT MOTOR VEHICLE: DPremises Liability 

DNon-Death/Personal Injury Dslander/Libei/Defamation 

DProperty Damage DOther (Specify) _____ _ 

DWrongful Death MEDICAL MALPRACTICE: 

TORT NON-MOTOR VEHICLE: ~Physician M.D. DHospital 

DNegligence DPhysician D.O ~Other 

DProduct Liability- Asbestos CONTRACTS: 

DProduct Liability- Tobacco DAccount (Open or Stated) 

DProduct Liability- Toxic/Other DPromissory Note 

Dintentional Tort CONTRACTS: (Continued) 

DProperty Damage DForeclosure 

DLegal Malpractice DBuyer-Plaintiff 

DMalpractice- Other professional DFraud 

June 2, 2015 Page I 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 3 of 23
Dother Contract (i.e. Breach of Contract) 

DExcess Proceeds-Sale 

DConstruction Defects (Residential/Commercial) 

Dsix to Nineteen Structures 

DTwenty or More Structures 

OTHER CIVIL CASE TYPES: 

DEminent Domain/Condemnation 

DEviction Actions (Forcible and Special Detainees) 

DChange ofName 

DTranscript of Judgment 

0Foreign Judgment 

DQuiet Title 

DForfeiture 

DEJection Challenge 

0NCC- Employer Sanction Action (A.R.S. §23-212) 

Din junction against Workplace Harassment 

Dinjunction against Harassment 

DCivil Penalty 

DWater Rights (Not General Stream Adjudication) 

OReal Property 

DSpecial Action against Lower Courts 

(See lower court appeal cover sheet in Maricopa) 

Dimmigration Enforcement Challenge (§§1-501, 1-502, 

11-1051) 

UNCLASSIFIED CIVIL: 

DAdministrative Review 

(See lower court appeal cover sheet in Maricopa) 

DTaxAppeal 

(All other tax matters must be filed in the AZ Tax Court) 

DDeclaratory Judgment 

0Habeas Corpus 

DLandlord Tenant Dispute- Other 

0Declaration of Factual Innocence (A.R.S. § 12-771) 

0Declaration of Factual Improper Party Status 

0Vulnerable Adult (A.R.S. §46-451) 

0Tribal Judgment 

DStructured Settlement (A.R.S. §12-2901) 

0Attomey Conservatorships (State Bar) 

0Unauthorized Practice of Law (State Bar) 

Oout-of-State Deposition for Foreign Jurisdiction 

DSecure Attendance of Prisoner 

0Assurance of Discontinuance 

Din-State Deposition for Foreign Jurisdiction 

DEminent Domain- Light Rail Only 

Dinterpleader- Automobile Only 

0Delayed Birth Certificate (A.R.S. §36-333.03) 

DEmployment Dispute- Discrimination 

0Employment Dispute-Other 

Oother _____________ _ 

(SpecifY) 

COMPLEXITY OF THE CASE 

If you marked the box on page one indicating that Complex Litigation applies, place an "X" in the box of no 

less than one of the following: 

0Antitrust/Trade Regulation 

0Construction Defect with many parties or structures 

DMass Tort 

DSecurities Litigation with many parties 

DEnvironmental Toxic Tort with many parties 

DClass Action Claims 

D Insurance Coverage Claims arising from the above-listed case types 

OA Complex Case as defined by Rule 8(i) ARCP 

Additional Plaintiff(s) 

Additional Defendant(s) 

June 2, 2015 Page 2 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 4 of 23
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BELLOVIN & KARNAS, P.C. 

4810 E Broadway Blvd 

Tucson, AZ 85711 

Phone: 520-571-9700 

M. David Kamas, Esq. (SBN 013728) 

kamas@bellovinkamas.com 

Attorneys for Plaintiff 

JEFFREY L. VICTOR, P.C. 

6 5425 East Bell Road, Suite 121 

Scottsdale, AZ 85254 

7 Phone: 602-749-9000 

8 Jeffrey L. Victor, Esq. (SBN 013132) 

victoratty@aol.com 

9 Attorney for Plaintiff 

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

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IN AND FOR THE COUNTY OF PINAL 

AMANDA MCKAY, on behalfofherself 

and all statutory beneficiaries of 

and pursuant to 

A.R.S. § 12-612; 

Plaintiff, 

vs. 

MARIA MYLENE FABIA ABAD, M.D., 

et ux.; SUN LIFE CENTER FOR 

WOMEN & CHILDREN, INC., an 

Arizona corporation, 

Defendants. 

NOQ/"'015 0 1 6 55 

COMPLAINT 

(Medical Professional Negligence) 

(Jury Trial Requested) 

DANIEL A. WASHBURN 

Plaintiff, by and through counsel undersigned, hereby files their Complaint against 

25 the Defendants, and in support thereof states and alleges as follows: 

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Complaint - 1 

Conformed Copy Furnished KF 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 5 of 23
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I. INTRODUCTION 

This case arises from medical professional negligence resulting in the wrongfu 

death of a five month old infant, who died on April 9, 2014 due to 

piece of metal Christmas tree ornament lodged within her esophagus. Coronad 

was born on October 24, 2013 without any complications. She was a healthy infant unti 

3 months of age when she developed problems with eating, breathing and a cough. Plaintif 

Amanda McKay took her daughter to Defendant Maria Mylere Abad, M.D. a 

Sun Life Center for Women & Children, to try to determine the cause ofher issues severa 

12 times. However, in the months prior to death, insufficient work up wa 

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col)ducted to determine the cause of her problems. died on April 9 

2014. An autopsy was performed which revealed a small metal object (top metal piece o 

a Christmas ornament) was embedded in her esophagus. is survived b 

her natural parents, Amanda McKay and Daniel Coronado. 

I. PARTIES, JURISDICTION, AND VENUE 

1. Plaintiff Amanda McKay (hereinafter "Ms. McKay" or "Plaintiff McKay"), at al 

relevant times, was a resident of Pinal County, Arizona. Ms. Mckay brings this actio 

on her own behalf and on behalf of all beneficiaries with a right to recovery unde 

Arizona Revised Statutes §12-612. Ms. Amanda McKay is the natural mother o 

27 her deceased daughter . 

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Complaint - 2 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 6 of 23
1 2. Defendant Maria Mylene Fabia Abad, M.D. (hereinafter "Dr. Abad" or "Defendan 

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Abad"), is a licenced medical doctor in the state of Arizona, and upon informatio 

and belief, at all relevant times, acted as employee or agent for Defendant Sun Li:6 

Center for Women & Children. Defendant A bad was Madison Coronado' 

pediatrician. 

3. Defendant Sun Life Center for Women & Children (hereinafter, "Defendant Su 

Life") is an Arizona corporation providing medical services to the general public. 

Sun Life, through Defendant Abad, its agents, employees, and contractors provide 

medical and health care services to . 

4. The identity, capacity, and involvement of the fictitiously designated Defendants ar 

presently unknown but will be appropriately designated when ascertained. 

5. Venue properly lies in this Court pursuant to A.R.S. §12-401 et al., as the acts o 

omissions giving rise to this action took place in Pinal County, Arizona. Defendant 

are residents of Pinal County, Arizona. 

6. At all times material hereto, all acts complained of by the Plaintiff occurred in Pina 

County, Arizona. 

II. GENERAL FACTUALS ALLEGATIONS 

7. On October 24, 2013, was born without an 

complications. She had Early and Periodic Screening, Diagnostic and Treatmen 

Complaint - 3 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 7 of 23
1 (EPSDT) at 5 days, 4 weeks, and 9 weeks of age with no issues, and normal growt 

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and development. 

8. On Febrary 5, 2014 at fourteen weeks old, was taken by her mother 

Plaintiff Amanda McKay, to Defendant Sun Life Center for Women & Childre 

clinic to see Defendant Maria Mylene Fabia Abad, M.D. with complaints of no 

eating well and spitting up a lot. 

9. On February 20, 2014, at sixteen weeks old, and her mother Ms. McKa 

returned to Defendant Sun Life with increasing problems, losing voice, hoarseness 

high pitched cough, and very phlegmy. Defendant A bad wrote '"no foreign bod 

suspected" on her notes. 

10. On February 28, 2014, at seventeen weeks old, was seen at home for a 

EPSDT check where it is noted that Plaintiff McKay is still concerned that her child' 

cough is not getting any better. However, the nurse performing this check does no 

instruct Ms. McKay to return to the doctor. 

11. On March 18, 20 14, at nineteen weeks old, is taken to Defendant Sun Lifi 

for the third time with complaints that she is more phlegmy and coughing. Defendan 

Abad assesses the child with cough, chest congestion, and phlegm. Defendant Aha 

does not order any tests to rule out throat swelling or other lung issues which coul 

be causing cough and phlegm. was given a prescription for an antibioti 

and sent home. 

Complaint - 4 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 8 of 23
1 12. Ms. McKay took her child to the Emergency Room at CasaGrande Regional Medica 

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Center at around 3:00a.m. on April 3, 2014, as was limp, and had troubl 

breathing for about fifteen minutes. Vital signs on admission to the Emergenc 

Department were: Temperature 96.4, Pulse 99, Respirations 42, and oxyge 

saturation 89% on room air, respiratory sounds consistent with stridor. All of thes 

vital signs are abnormal. was admitted to Casa Grande Regional Medica 

Center for overnight observation with a diagnosis of croup. Defendant Abad wrot 

in her History and Physical that the cough "only started tonight", when in reality th 

cough had been going on for almost two months. is placed in a mist ten 

with oxygen flowing and given 8 doses of Racemic Epinerphrine every two to thre 

hours. went 12 hours without the need for a Racemic Epinephrine treatmen 

prior to discharge. 

13. continued to be in a mist tent until April4, 2014. 

14. On April 4, 2014, initial Respiratory Syncytial Virus (RSV) swab results returned a 

negative and Madison was discharged home with no home medications or treatmen 

orders except to follow up in office the following Monday. However, the final RS 

results were reported positive after had already been discharged. 

15. On April 7, 2014, Plaintiff McKay took her daugther back to Defendan 

Abad as instructed for a follow up post hospitalization. continued wit 

cough, congestion and mild vocal congestion. Defendant Abad misdiagnose 

Complaint - 5 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 9 of 23
1 Madison and prescribed Albuterol nebulizer three times a day at home for one wee 

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and instructed Ms. McKay to call in a week to determine if this helped. 

16. On April 7, 2014 was given a breathing treatment at bedtime by Ms. 

McKay. 

17. On April 8, 2014 was given a breathing treatment in the morning, aroun 

6:00 p.m., and again at 11 :00 p.m. was then given a bottle and put to bed. 

18.0n April9, 2014 Plaintiff McKay returned home from work at 2:10a.m. and wen 

on to check on her child. Ms. McKay noticed not breathing, lying o 

abdomen and immediately called 911 who continued rescue efforts to hospital. 

19. was pronounced dead on April9, 2014 at 2:59a.m. 

20. The death certificate specifies the immediate cause of death as "bronchopneumoni 

due to or as a consequence of lodged foreign body in esophagus." 

21. The Autopsy Report states, "Death of this infant is due to bronchopneumonia due t 

a foreign body (piece of Christmas tree ornament) lodged within the esophagus. Th 

foreign body likely led to chronic airway obstruction and ultimately the resultan 

pneumonia." 

III. CLAIMS 

Count One- All Defendants Medical Negligence 

22. Plaintiff realleges and incorporates all preceding paragraphs as if fully set fort 

herein and further alleges as follows: 

Complaint - 6 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 10 of 23
1 23. All Defendants and each of them, at all relevant times, owed a duty of care to th 

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patients in their charge including deceased. Inherent in this dut 

rested an obligation to reasonably and prudently examine, monitor, and evaluate thei 

patients so as to provide timely and proper treatment and diagnosis. 

24. Defendants' duties required that, among other things, they instigate timel 

intervention, proper treatment, and to correct injuries in such a manner tha 

preventable permanent injuries are not subsequently sustained by the patients in thei 

care. 

~5. All Defendants breached the foregoing duties by failing, despite clear clinica 

indications, to properly diagnose, and instigate treatment in response to Plaintiff 

dauther's symptoms and findings. This failure and misdiagnosis resulted in the deat 

of , a five month old child. 

26. Had the Defendants provided the requisite level of medical attention an 

intervention warranted based on the findings under the applicable standard of care 

the death of could have been avoided. These breaches of dut 

exemplify substandard care and stand as the actual and proximate causes of

death and Plaintiffs pain and suffering 

77. Defendants failed to exercise that degree of care, skill and learning expected of 

reasonable, prudent health care provider in the same profession or class, within th 

State, acting in the same or similar circumstances. 

Complaint - 7 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 11 of 23
1 28. Defendants' breach of their duties, as described above, directly and proximate! 

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caused death and Plaintiffs suffering as enumerated below an 

more fully stated in the ad damnum clause of this Complaint. As a direct an 

proximate cause of the Defendants' negligent acts and omissions, Plaintiff and th 

statutory benefiaciaries suffered and will continue to suffer harm. 

29.Defendant Maria Mylene Abad, M.D. owed a duty of care to Plaintiff McKay' 

infant daughter, . This duty of care required that Defendant Aba 

properly examine, evaluate, diagnose and treat The Defendan 

failed to properly diagnose , indeed misdiagnosing her, leading t 

a delay in treatment and intervention. Defendant Abad failed to properly examin 

and diagnose and recognize a medical emergency. 

30. The Doctrine of Respondent Superior attributes all such breaches of duty and al 

further breaches revealed during the course of discovery to the employers, principal 

or contracting partners of the individual Defendants. All Defendants are vicarious! 

liable for the acts, omissions and negligent transgressions of their employees, agent 

and/or contractors. 

31. Defendants failed to diagnose a condition on separate occasions and are actually an 

proximately at fault for the wrongful death of . 

32. was an infant child who died as a result of the negligence ofth 

Defendants. Had Defendant Abad followed the medical procedures and notice 

Madison's symptoms in a timely manner, would be alive today. 

Complaint - 8 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 12 of 23
1 33. Defendants actually and proximately caused the death of

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34. Plaintiff and the statutory beneficiaries were immediately, irreparably injuried b 

death. Plaintiff has experienced personal anguish, shock, suffering 

sorrow, pain, severe emotional distress, loss of consortium and anxiety. Plaintiff ha 

also lost the love, society, affection, and companionship of her first and only child. 

Count Two- Negligence- Sun Life Center for Women & Children, Inc. 

("Sun Life") 

35. Plaintiff realleges and incorporates all preceding paragraphs as if fully set fort 

herein. 

36. Defendant Sun Life Center for Women & Children, is independently negligent fo 

failing to, among other things, having proper policies and procedures in place t 

prevent such harm from occurring. Defendant Sun Life failed to execute on rule 

and regulations and failed to monitor care. 

3 7. Plaintiff and the statutory beneficiaries were immediately and irreparably injured b 

the death of Madison Coronado. Plaintiff has experienced 

38. Plaintiff and the statutory beneficiaries have suffered and will in the future suffe 

injuries including but not limited to loss of consortium, mental and emotiona 

25 distress, and the inability to enjoy life as they previously were able to. 

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Complaint - 9 

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IV. AD DAMNUM 

WHEREFORE, as a direct result of Defendant's negligent acts and omissions 

Plaintiff prays for judgment and request that this Court: 

A. Award Plaintiff general damages in a just and reasonable sum; 

B. Award Plaintiff all special damages in a sum to be determined herein; 

C. Order Defendants and all of them to pay Plaintiffs costs; 

D. Order Defendants and all ofthem to pay prejudgment interest on all liquidated sum 

award; and 

E. Grant to Plaintiff such other and further relief as this Court deems just and proper. 

1 ~t2\~\'-

DATED this 2Jday of~2015. 

BELLOVIN & KARNAS, P.C. 

M. David Kamas, Esq. 

Attorneys for Plaintiff 

Jeffrey Viet , Esq. 

Attorneys for Plaintiff 

Complaint - 1 0 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 14 of 23
1 BELLOVIN & KARNAS, P.C. 

4810 E Broadway Blvd 

2 Tucson, AZ 85711 

Phone: 520-571-9700 3 M. David Kamas, Esq. (SBN 013728) 

4 karnas@bellovinkarnas.com 

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Attorneys for Plaintiff 

JEFFREY L. VICTOR, P.C. 

5425 East Bell Road, Suite 121 

Scottsdale, AZ 85254 

Phone:602-749-9000 

8 Jeffrey L. Victor, Esq. (SBN 013132) 

victoratty@aol.com 

9 Attorney for Plaintiff 

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BY- niPUl'l 

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

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12 IN AND FOR THE COUNTY OF PINAL 

13 NO. Q_,N9") 0 1 5 0 1 6 5 5 

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AMANDA MCKAY, on behalfofherself 

and all statutory beneficiaries of 

and pursuant to 

A.R.S. § 12-612; 

CERTIFICATE REGARDING 

EXPERT TESTIMONY 

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Plaintiff, 

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MARIA MYLENE FABIA ABAD, M.D., 

et ux.; SUN LIFE CENTER FOR 

WOMEN & CHILDREN, INC., an 

Arizona corporation, 

Defendants. 

DANiiiL. A. WASHBURN 

Pursuant to Arizona Revised Statues, Section 12-2602(A), Plaintiff hereby 

certifies that expert opinion may be necessary to prove the Defendant health care 

professionals' standard of care or liability for the claims asserted in the Plaintiffs 

eonformed Copy Furnish ~ 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 15 of 23
.- __ ,_ 

1 complaint and that such certification will be served at or before the time for Plaintiffs' 

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Rule 26.1 Initial Disclosure Statement. 

These certifications are made subject to the provisions ofRule 11(a) of the Arizona 

Rules of Civil Procedure. 

~)i~\1.__ 

DATED this2~ day of..Attgtm, 2015. 

M. David Karn , sq. 

Attorneys for Plai tiff 

Jeffrey Victor, Esq. 

Attorneys for Plaintiff 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 16 of 23
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BELLOVIN & KARNAS, P.C. 

4810 E Broadway Blvd 

Tucson, AZ 85711 

Phone: 520-571-9700 

M. David Kamas, Esq. (SBN 013728) 

kamas@bellovinkamas.com 

Attorneys for Plaintiff 

BY---0:-=:EP::r;UT:;:tY;---t--

JEFFREY L. VICTOR, P.C. 

6 5425 East Bell Road, Suite 121 

Scottsdale, AZ 85254 

7 Phone: 602-749-9000 

8 Jeffrey L. Victor, Esq. (SBN 013 132) 

victoratty@aol.com 

9 Attorney for Plaintiff 

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

IN AND FOR THE COUNTY OF PINAL 

AMANDA MCKAY, on behalfofherself 

and all statutory beneficiaries of NOr'i. . N 'J) 0 1 5 0 1 6 5 5 

and pursuant to \.__" 

A.R.S. § 12-612; 

CERTIFICATE OF COMPULSORY 

Plaintiff, ARBITRATION 

vs. 

MARIA MYLENE FABIA ABAD, M.D., 

et ux.; SUN LIFE CENTER FOR 

WOMEN & CHILDREN, INC., an 

Arizona corporation, 

Defendants. 

DANIEL A. WASHBURN 

The undersigned counsel certifies that the largest award sought by the complainant, 

including punitive damages, but excluding interest, attorney's fees, and costs, does exceed 

the limits set by Local Rule 4.2(a) for compulsory arbitration. This case is not subject to 

Arbitration. 

Conformed Copy Furnished 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 17 of 23
1 I further certify that I have read this certificate of compulsory arbitration and the 

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Complaint filed herewith, and that to the best of my knowledge, information, and belief, 

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4 formed after reasonable inquiry, it is warranted; and, that the allegation is not set forth for 

5 any Improper purpose. 

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I understand that I have an affirmative duty to reasonably amend this Certificate if 

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8 I obtain information from which I know this certification either was incorrect when made, 

9 or though correct when made, is no longer true. 

10 These certifications are made subject to the provisions ofRule ll(a) of the Arizona 

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Rules of Civil Procedure. 

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~~~ 

DATED this& day of~, 2015. 

15 BELLOVIN & KARNAS, P.C. 

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as, Esq. 

Attorneys for Plaintiff 

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21 LAW OFFICES OF JEFFREY VICTOR, P.C. 

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J~ru~ ~feg;g), Attorneys for Plaintiff 

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Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 18 of 23
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BELLOVIN & KARNAS, P.C. 

4810 E Broadway Blvd 

Tucson, AZ 85711 

Phone:520-571-9700 

M. David Kamas, Esq. (SBN 013728) 

karnas@bellovinkarnas.com 

Attorneys for Plaintiff 

JEFFREY L. VICTOR, P.C. 

6 5425 East Bell Road, Suite 121 

Scottsdale, AZ 85254 

7 Phone: 602-749-9000 

8 Jeffrey L. Victor, Esq. (SBN 013132) 

victoratty@aol.com 

9 Attorney for Plaintiff 

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 

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IN AND FOR THE COUNTY OF PINAL 

AMANDA MCKAY, on behalfofherself 

and all statutory beneficiaries of 

and pursuant to 

A.R.S. § 12-612; 

Plaintiff, 

vs. 

MARIA MYLENE FABIA ABAD, M.D., 

et ux.; SUN LIFE CENTER FOR 

WOMEN & CHILDREN, INC., an 

Arizona corporation, 

Defendants. 

NO. QN'JJ O 1 5 0 f 6 5 5 

SUMMONS 

aANl!l. A, WASHBURN 

THE STATE OF ARIZONA to the Defendant and its attorneys: 

25 MARIA MYLENE FABIA ABAD, M.D. 

26 

27 

28 

Sunlife Center for Women and Children 

1856 East Florence Blvd. 

CasaGrande, AZ 85128 

C)RIGINAL 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 19 of 23
1 I. A lawsuit has been filed against you. 

2 

II. YOU ARE HEREBY SUMMONED and required to appear and defend, in the 

3 

4 above entitled action, within TWENTY (20) DAYS after the service of the 

5 Summons and Complaint upon you, exclusive of the date of service. If served 

6 

outside the State of Arizona, you shall appear and defend within THIRTY (30) 

7 

8 days, exclusive of the date of service. 

9 III. If you do not want judgment taken against you for the relief demanded in the 

10 accompanying Complaint, you must file a response in writing in the Clerk of the 

11 

12 

Pinal Superior Court, 971 Jason Lopez Circle, Building A, P 0 Box 2730, Florence, 

13 Arizona, accompanied by the necessary filing fee. 

14 IV. This is a legal document. If you do not understand its consequences, you should 

15 

16 

seek the advice of an attorney. 

17 V. Requests for reasonable accommodation for persons with disabilities must be made 

18 to the court by parties at least three working days in advance of a scheduled court 

19 

20 

proceeding. 

21 VI. . You are required by law to serve a copy of your response or answer upon the 

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24 

25 

26 

27 

28 

Plaintiff/Attorney addressed as follows: 

M. David Karnas, Esq. 

BELLOVIN & KARNAS, P.C. 

4810 East Broadway Blvd. 

Tucson, Arizona 85711 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 20 of 23
1 

2 

3 

4 

WITNESS My Hand and the Seal of the Superior Court. 

Dated: #J!. Jf( IJJQ/5 

5 AMANDA STANFORD 

6 CLERK OF T E SUPERIOR COURT 

7 

8 

9 

10 

11 

12 

13 

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Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 21 of 23
w • 

15 OCi \ 2 PH fA 4 

Attorney or Party without Attorney: 

M. David Kamas, Esq. #013728 

BELLOVIN & KARNAS, P.C. 

4810 E. BROADWAY BLVD. 

TUCSON, AZ 85701 

C",_ ( ~ lyf~..» 

Telephone No: 5205719700 

Attorney for: Plaintiff 

Insert name <!(Court, and Judicial District and Branch Court: 

SUPERIOR COURT OF ARIZONA COUNTY OF PINAL 

Plaintiff AMANDA MCKAY, ET AL 

Defendant: MARIA MYLENE FABIA ABAD, M.D., ET AL 

AFFIDAVIT OF SERVICE 

SUMMONS 

I Hearing Date: 

1. At the time of service 1 was at least 21 years of age and not a party to this action. 

oaPUTY • 

-

IDept/Div: Case Number: 

CV20 1501655 

2. I served copies ofthe SUMMONS; COMPLAINT; CERTIFICATE OF COMPULSORY ARBITRATION; CERTIFICATE 

REGARDING EXPERT TESTIMONY 

MARTA MYLENE FABIA ABAD, M.D. 

-

3. a. Party served: 

b. Person served: MARTA MYLENE FABIA ABAD, Asian, Female, Black Hair, 5 Feet 6 Inches, 110 

Pounds 

4. Address where the party was served: 

5. 1 served the party: 

SUNLIFE CENTER FOR WOMEN AND CHILDREN 

1856 EAST FLORENCE BOULEY ARD 

CASAGRANDE, AZ 85128 

a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive 

process for the party (I) on: Tue., Sep. 29, 2015 (2) at: 4:08PM 

Service: $16.00, Mileage: $168.00, Notary: $10.00, Wait: $.00, Fees Advanced: $.00, Total: $194.00 

a. Carlos Bialet /Ztv.11& 

Registration #5Joo960o3~Maricopa-

• 

1511 West Beverly Blvd. 

Los Angeles, CA 90026 

Telephone (213) 250-9111 

Fax (213) 250-1197 

www.firstlegalnetwork.com 

I Declare under penalty of perjury under the laws of the State of 

ARIZONA that the foregoing is true and correct. 

(Date) 

8. STATE OF ARIZONA, COUNTY OF -p jf'Cf Q 

Subscribed and sworn to (or affirmed) before me on this __Z_ day of QL-io \2-eY 

proved to me on the basis of satisfactory evidence to be the person who appeared before me. 

AFFIDAVIT OF SERVIC 

SUMMONS 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 22 of 23
Attorney or Party without Attorney: 

M. DAVID KARNAS 

BELLOVIN & KARNAS, P.C. 

4810 E. BROADWAY BLVD. 

TUCSON, AZ 85701 

Telephone No: 5205719700 

Attomeyfor: Plaintiff 

Insert name o.fCourt, and Judicial District and Branch Court: 

AMENDED 

Ref No. or File No.: 

For Court Use Only 

FILED 

AMANDA STANFORD 

CLERK OF J::.F;:W:R COURT 

2015 OCT -2 PH 3: 0 I 

PINAL COUNTY SUPERIOR COURT STATE OF ARIZONA 

Plaintiff: Amanda Mckay, On Behalf Of Herself And All Statutory Beneficiaries Of Madison Coro 

Defendant: MariaM lene Fabia Abad, M.D., Et Ux., Sun Life Center For Women & Children, Inc. 

AFFJDA VIT OF SERVICE Hearing Date: Time: Case Number: 

c 

1. At the time of service 1 was at least 18 years of age and not a party to this action. 

2. I served copies of the SUMMONS; COMPLAINT; CERTIFICATE OF COMPULSORY ARBITRATION; CERTIFICATE 

REGARDING EXPERT TESTIMONY 

3. a. Party served: 

b. Person served: 

4. Address where the party was served: 

5. 1 served the party: 

SUN LIFE CENTER FOR WOMEN AND CHILDREN BY SERVICE UPON ITS 

STATUTORY AGENT STEPHEN R. COOPER 

STEVER. COOPER, STATUTORY AGENT, Caucasian, Male, 48 Years Old, 

Brown Hair, 5 Feet 10 Inches, 185 Pounds 

221 N. FLORENCE ST. 

CASAGRANDE, AZ 85122 

a. by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receive 

process for the party (1) on: Wed., Sep. 16, 2015 (2) at: 2:02PM 

6. The "Notice to the Person Served" (on the Summons) was completed as follows: 

a. as an individual defendant 

7. Person Who Served Papers: 

a. Tom J Rankin 

b. Registered in Pinal County 

First Legal Support Services 

3737 N 7th Street, Suite 125 

PHOENIX, AZ 85003 

c. (602) 248-9700 (Date) 

FeeforService: $197.00 

I Declare under penalty of perjury under the laws of the State of 

ARIZONA that the foregoing is true and correct. 

.3505 I. 72 7440 

Case 2:15-cv-02367-JJT Document 1-1 Filed 11/19/15 Page 23 of 23