UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

LORENZO MILLER,

Plaintiff,

vs.

UNITED STATES OF AMERICA,

Defendant.

Case Number: 20-cv-03512

Judge: 

Mag. Judge: 

COMPLAINT AT LAW

Plaintiff, LORENZO MILLER, by his lawyers in this matter, Evan B. Karnes, II, and Everardo 

Martinez, both of Karnes Law Chartered, complaining of the Defendant, UNITED STATES OF 

AMERICA, states:

JURISDICITON AND VENUE

1. This is an action arising under the Federal Torts Claims Act, 27 U.S.C. §§2671 et 

seq.

2. On January 16, 2019, LORENZO MILLER filed his original complaint against 

Defendants Marianne K. Holmer, PrimeCare Community Health, Inc., and PrimeCare West Town, 

among others, in the Circuit Court of Cook County. 

3. On May 14, 2019, Defendant, UNITED STATES OF AMERICA, removed the action to 

the United States District Court, Northern District of Illinois pursuant to 42 U.S.C. § 233 and 

substituted as the Defendant in place of Defendants Marianne K. Holmer, Jim Christoforidis, 

PrimeCare Community Health, Inc. and PrimeCare West Town. Defendant, UNITED STATES OF 

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AMERICA, subsequently filed a motion to dismiss Plaintiff’s Complaint for failure to exhaust 

administrative remedies.

4. On June 11, 2019, the Honorable Matthew F. Kennelly granted Defendant’s motion

to dismiss without prejudice allowing LORENZO MILLER to file his administrative claim as provided 

by the Federal Torts Claims Act’s savings clause at 28 U.S.C. § 2679 (d)(5).

5. LORENZO MILLER has complied with Section 2675(a) of the Federal Tort Claims 

Act and has exhausted his administrative remedies before filing this suit.

6. On August 9, 2019, LORENZO MILLER filed his administrative claim with the United 

States Department of Health and Human Services in the sum total of $9,040,750.81 for negligence 

and personal injury.

7. On December 18, 2019, the United States Department of Health and Human 

Services mailed a certified final written denial of LORENZO MILLER’S claim. 

8. Pursuant to 28 U.S.C. §2675(a), Lorenzo Miller elects to file his Complaint against 

the Defendant, UNITED STATES OF AMERICA, in the District Court.

9. 28 U.S.C. §1346(b) vests this Court with jurisdiction.

10. LORENZO MILLER resides in Chicago, Cook County, Illinois, within the Northern

District of Illinois, Eastern Division. 

11. The acts and omissions of the Defendant, UNITED STATES OF AMERICA, occurred 

within the Northern District of Illinois, Eastern Division.

12. Between December 19, 2016 and January 16, 2017, and at all relevant times herein, 

PrimeCare Community Health, Inc., which includes PrimeCare West Town, was deemed an 

employee of the UNITED STATES OF AMERICA by the United States Department of Health and 

Human Services pursuant to 42 U.S.C. § 233.

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13. Between December 19, 2016 and January 16, 2017, and at all relevant times herein, 

PrimeCare Community Health, Inc., which includes PrimeCare West Town, was a private entity 

receiving grant money from the United States Public Health Service pursuant to 42 U.S.C. § 233.

14. Between December 19, 2016 and January 16, 2017, and at all relevant times herein, 

PrimeCare Community Health, Inc., which includes PrimeCare West Town, was owned and/or 

operated by the Defendant, UNITED STATES OF AMERICA, through the United States Public Health 

Service, an agency of the Defendant.

15. Between December 19, 2016 and January 16, 2017, and at all relevant times herein, 

Marianne K. Holmer and Jim Christoforidis were acting within the scope of their employment at 

PrimeCare Community Health, Inc. with respect to the incidents referred to herein.

16. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times herein, Marianne K. Holmer was an Illinois licensed advance practice nurse acting within 

the scope of her employment at PrimeCare Community Health, Inc., which includes PrimeCare 

West Town, to provide medical services to patients.

17. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times herein, Jim Christoforidis was an Illinois licensed physician acting within the scope of his 

employment at PrimeCare Community Health, Inc., which includes PrimeCare West Town, to 

provide medical services to patients.

18. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times herein, Marianne K. Holmer was an agent, apparent agent and/or employee of PrimeCare 

Community Health, Inc., which includes PrimeCare West Town.

19. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times herein, Jim Christoforidis was an agent, apparent agent and or employee of PrimeCare 

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Community Health, Inc., which includes PrimeCare West Town, to provide medical services to 

patients.

20. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times herein, PrimeCare Community Health, Inc., which includes PrimeCare West Town, 

undertook to employ advance practice nurses and physicians such as Marianne K. Holmer and Dr. 

Jim Christoforidis for the purpose of providing medical services to individuals such as the Plaintiff, 

LORENZO MILLER.

21. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times herein, Marianne K. Holmer and Dr. Jim Christoforidis were members of the medical staff 

at PrimeCare Community Health, Inc., which includes PrimeCare West Town.

22. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times PrimeCare Community Health, Inc., which includes PrimeCare West Town, had a medical 

director on staff, who was employed by PrimeCare Community Health, Inc., to supervise, and 

direct medical care and treatment of patients, supervise medical staff’s diagnosis, care and 

treatment of patients, and to provide treatment to patients at PrimeCare West Town.

23. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times, Dr. Jim Christoforidis was the PrimeCare West Town medical director, or in his absence, 

PrimeCare West Town assigned other physicians to act as medical director, assistant medical 

director, or as the direct supervisor of the PrimeCare West Town medical staff nurses, doctors and 

other medical personnel.

24. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times the medical director at PrimeCare West Town was required to supervise, train and educate 

PrimeCare West Town’s advanced practice nurses and other medical staff who treated patients.

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25. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times, the medical director, and her/his assistants or other medical doctors, working at PrimeCare 

West Town were required to check, verify and review the actions, and activities of the advanced 

practice nursing staff of PrimeCare West Town to insure that the advanced practice nursing staff 

of PrimeCare West Town complied with the rules, regulations, protocols, practice guidelines, and 

rendered proper medical care and treatment in conformance with those rules, regulations, 

protocols, practice guidelines.

26. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times PrimeCare West Town required its advanced practice nurses to seek guidance from 

PrimeCare West Town’s medical director when treating patients.

27. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times, together with Dr. Jim Christoforidis, each of these employed staff physicians were 

responsible for supervising, training and educating PrimeCare West Town’s advance practice 

nurses.

28. On and before December 19, 2016 through January 16, 2017, and at all relevant 

times PrimeCare West Town’s medical director, and other employed staff physicians were 

responsible to establish appropriate physical examination, and medical diagnosis protocols and 

procedures and to supervise, train, educate, and enforce PrimeCare West Town’s physical 

examination, medical diagnosis protocols and procedures by PrimeCare West Town’s advance 

practice nurses, and other professional staff.

29. On December 19, 2016, Plaintiff, LORENZO MILLER, was treated by Marianne K. 

Holmer at PrimeCare West Town for knee pain.

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30. On December 19, 2016, Plaintiff, LORENZO MILLER, presented with the following 

symptoms to Marianne K. Holmer:

a. Difficulty walking due to knee buckling or giving way;

b. Significant swelling and bruising of left knee and leg;

c. Left knee instability;

d. Left knee cramping;

e. Decreased range of motion to left knee; 

f. Difficulty in straightening and extending left knee; and

g. Acute, excruciating pain in his left knee.

31. On December 19, 2016, Plaintiff, LORENZO MILLER, presented at PrimeCare West 

Town with all relevant symptoms of a ruptured quadriceps tendon of his left knee.

32. On December 19, 2016, Marianne K. Holmer diagnosed Plaintiff, LORENZO MILLER, 

as having suffered a knee sprain. Marianne K. Holmer prescribed naproxen, rest, ice, compression, 

elevation and applied an ACE wrap to the knee. Marianne K. Holmer directed Plaintiff, LORENZO 

MILLER, to follow up in one week, on or about December 27, 2016 and sent Plaintiff, LORENZO 

MILLER, home.

33. On December 19, 2016, on information and belief, Marianne K. Holmer did not 

consult with or seek advice of PrimeCare West Town’s medical director or any other employed 

staff physicians before she diagnosed or discharged Plaintiff, LORENZO MILLER.

34. On December 19, 2016, on information and belief, neither PrimeCare West Town’s 

medical director, Dr. Jim Christoforidis, nor any other employed staff physician consulted with 

Marianne K. Holmer, reviewed Marianne K. Holmer’s care, diagnosis, proposed treatment plan, 

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confirmed the diagnosis or treatment plan was appropriate, either before or after she diagnosed or 

discharged Plaintiff, LORENZO MILLER.

35. Between December 19, 2016 and December 27, 2016, on information and belief, 

neither PrimeCare West Town’s medical director, Dr. Jim Christoforidis, nor any other employed 

staff physician consulted with Marianne K. Holmer, reviewed Marianne K. Holmer’s care, 

diagnosis, proposed treatment plan, confirmed the diagnosis or treatment plan was appropriate, 

either before or after she diagnosed or discharged Plaintiff, LORENZO MILLER.

36. On December 27, 2016, pursuant to Marianne K. Holmer’s directions on follow up 

care, Plaintiff, LORENZO MILLER presented at PrimeCare West Town.

37. On December 27, 2016, Plaintiff, LORENZO MILLER presented with the following 

symptoms to Marianne K. Holmer:

a. Continued difficulty walking due to knee buckling or giving way;

b. Greater significant swelling and dark bruising of left knee;

c. Increased and constant buckling and instability of his left knee;

d. Significant decrease to the range of motion of the left knee; 

e. Continued difficulty in straightening and extending left knee; and

f. Continued excruciating acute left knee pain.

38. On December 27, 2016, Plaintiff, LORENZO MILLER, presented at PrimeCare West 

Town with all relevant symptoms of a ruptured quadriceps tendon of his left knee.

39. On December 27, 2016, Marianne K. Holmer examined Plaintiff, LORENZO MILLER

and diagnosed him with a knee sprain. Marianne K. Holmer directed him to continue the existing 

treatment plan of naproxen, rest, ice, compression, elevation; and, directed Plaintiff, LORENZO 

MILLER, to massage his knee and apply heat. Marianne K. Holmer directed Plaintiff, LORENZO 

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MILLER, to follow up in two weeks, on or about January 16, 2017, and sent Plaintiff, LORENZO 

MILLER, home.

40. On December 27, 2016, on information and belief, Marianne K. Holmer did not 

consult with or seek advice of PrimeCare West Town’s medical director or any other employed 

staff physicians before she diagnosed or discharged Plaintiff, LORENZO MILLER.

41. On December 27, 2016, on information and belief, neither PrimeCare West Town’s 

medical director, Dr. Jim Christoforidis, nor any other employed staff physician consulted with 

Marianne K. Holmer, reviewed Marianne K. Holmer’s care, diagnosis, proposed treatment plan, 

confirmed the diagnosis or treatment plan was appropriate, either before or after she diagnosed or 

discharged Plaintiff, LORENZO MILLER.

42. Between December 27, 2016 and January 16, 2017, on information and belief, 

neither PrimeCare West Town’s medical director, Dr. Jim Christoforidis, nor any other employed 

staff physician consulted with Marianne K. Holmer, reviewed Marianne K. Holmer’s care,

diagnosis, proposed treatment plan, confirmed the diagnosis or treatment plan was appropriate, 

either before or after she diagnosed or discharged Plaintiff, LORENZO MILLER.

43. While providing medical care and treatment to Plaintiff, LORENZO MILLER, 

Marianne K. Holmer was doing so as an employee, agent and/or apparent agent of PrimeCare 

Community Health, Inc., which includes PrimeCare West Town, and the Defendant UNITED 

STATES OF AMERICA.

44. While providing medical care and treatment to Plaintiff, LORENZO MILLER, Dr. Jim 

Christoforidis or other staff physicians were doing so as employees, agents and/or apparent agents 

of PrimeCare Community Health, Inc., which includes PrimeCare West Town, and the Defendant 

UNITED STATES OF AMERICA.

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45. On January 16, 2017, Plaintiff, LORENZO MILLER, had an MRI of his left knee taken 

at AMITA/Presence Health Saints Mary and Elizabeth Medical Center as directed by Marianne K. 

Holmer. The MRI revealed he suffered a complete rupture of the quadriceps tendon of his left knee.

46. At all times relevant hereto, Marianne K. Holmer, Dr. Jim Christoforidis and 

PrimeCare West Town, by and through their, or its agents and employees, including Marianne K. 

Holmer, and Dr. Jim Christoforidis, or any other employed staff physicians, were required to 

exercise that degree of skill and care ordinarily exercised by treaters, and healthcare facilities 

providing urgent medical care, diagnosis, and treatment, and to exercise that degree of skill and 

care in providing urgent medical care, diagnosis, and treatment to Plaintiff, LORENZO MILLER.

47. At all times relevant hereto, DEFENDANT, UNITED STATES OF AMERICA, by and 

through its agents and employees PrimeCare Community Health, Inc., including PrimeCare West 

Town, Marianne K. Holmer, and Dr. Jim Christoforidis and other unknown medical doctors, and 

medical staff, were careless or negligent in one or more of the following respects:

a. Failed to perform an adequate physical examination of Plaintiff;

b. Carelessly, and negligently, performed a physical examination of Plaintiff;

c. Carelessly, and negligently failed to develop, and rule out, through differential 

diagnosis, a complete rupture of the quadriceps tendon of Plaintiff’s left knee.

d. Carelessly, and negligently, failed to timely identify correlate, and diagnose, 

Plaintiff’s symptoms, which identified a complete rupture of the quadriceps 

tendon in Plaintiff’s left knee;

e. Carelessly, and negligently, failed to consult with the Medical Director to 

confirm Marianne K. Holmer’s findings on physical exam, and the correlation 

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of those findings to a complete rupture of the quadriceps tendon in Plaintiff’s

left knee; 

f. Carelessly, and negligently, failed to consult with any assistant medical 

director, acting medical director, or any employed staff doctor(s) to confirm 

Marianne K. Holmer’s findings on physical exam, to confirm whether any 

additional diagnostic examination or testing was required, or appropriate, and 

the correlation of those findings to a complete rupture of the quadriceps tendon 

in Plaintiff’s left knee; 

g. Carelessly, and negligently, failed to order appropriate imaging studies to 

confirm the nature, and extent of the injury to Plaintiff’s knee;

h. Carelessly, and negligently, failed to expedite orders for medical imaging to 

identify the nature, and extent of the injury to Plaintiff’s knee;

i. Carelessly, and negligently, failed to timely treat the complete rupture of the 

quadriceps tendon in Plaintiff’s left knee;

j. Carelessly and negligently failed to refer Plaintiff for immediate orthopedic 

surgical consult, and diagnosis of the complete rupture of the quadriceps tendon 

in Plaintiff’s left knee; 

k. Knew, or should have known, that Plaintiff’s injury was severe and required 

immediate care;

l. Knew or should have known, that Plaintiff’s symptoms required further 

evaluation as a partial or complete rupture of the quadriceps tendon in 

Plaintiff’s left knee.

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m. Failed to develop, or carelessly and negligently, failed to develop, establish, 

implement and confirm use of consistent, and appropriate techniques, and 

protocols to diagnose, evaluate, confirm, and treat symptoms of complete rupture 

of the quadriceps tendon of patients presenting for treatment with symptoms such 

as those demonstrated by Plaintiff at PrimeCare West Town;

n. Failed to supervise, train, educate and monitor the nursing and professional staff, 

including without limitation, advance practice nurses techniques, and failed to 

properly implement and insure that protocols to diagnose, evaluate, confirm, and 

treat, symptoms of complete rupture of the quadriceps tendon, and the 

appropriate physical examination and medical diagnosis protocols or 

procedures were appropriately followed; and,

o. Failed to appropriately, adequately coordinate continuity of care for patients 

presenting with symptoms of partial or complete rupture of the quadriceps 

tendon in patients presenting for treatment to PrimeCare West Town;

p. Failed to appropriately, adequately design, implement, and monitor daily 

nursing staff, and medical staff treatment and diagnosis decisions, follow up, 

review, confirm and approve diagnosis, care and treatment protocols; and,

q. Was/were, otherwise careless and negligent.

48. As a direct and proximate result of one or more of the foregoing careless and 

negligent acts or omissions of DEFENDANT, UNITED STATES OF AMERICA, by and through its agents 

and employees PrimeCare Community Health, Inc., including PrimeCare West Town, Marianne 

K. Holmer, and Dr. Jim Christoforidis and other unknown medical doctors, and medical staff,

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DEFENDANT, UNITED STATES OF AMERICA, delayed the diagnosis of Plaintiff’s, LORENZO MILLER,

complete left knee quadriceps tendon rupture by approximately thirty (30) days.

49. As a direct and proximate result of one or more of the foregoing careless and 

negligent acts or omissions of DEFENDANT, UNITED STATES OF AMERICA, by and through its agents 

and employees PrimeCare Community Health, Inc., including PrimeCare West Town, Marianne 

K. Holmer, and Dr. Jim Christoforidis and other unknown medical doctors, and medical staff,

DEFENDANT, UNITED STATES OF AMERICA, significantly delayed referral for MRI and referral for 

immediate Orthopedic surgical repair surgery.

50. As a direct and proximate result of one or more of the foregoing careless and 

negligent acts or omissions of DEFENDANT, UNITED STATES OF AMERICA, by and through its agents 

and employees PrimeCare Community Health, Inc., including PrimeCare West Town, Marianne 

K. Holmer, and Dr. Jim Christoforidis and other unknown medical doctors, and medical staff,

DEFENDANT, UNITED STATES OF AMERICA, Plaintiff, LORENZO MILLER, required extensive 

additional post-surgical rehabilitation, which continues to the present and may be required for the 

remainder of his life.

51. As a direct and proximate result of one or more of the foregoing careless and 

negligent acts or omissions of DEFENDANT, UNITED STATES OF AMERICA, by and through its agents 

and employees PrimeCare Community Health, Inc., including PrimeCare West Town, Marianne 

K. Holmer, and Dr. Jim Christoforidis and other unknown medical doctors, and medical staff, 

Plaintiff, LORENZO MILLER, required extensive additional post-surgical rehabilitation, which 

continues to the present and may likely be required for the remainder of his life.

52. As a direct and proximate result of one or more of the foregoing careless and 

negligent acts or omissions of DEFENDANT, UNITED STATES OF AMERICA, by and through its agents 

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and employees PrimeCare Community Health, Inc., which includes PrimeCare West Town, 

Marianne K. Holmer, and Dr. Jim Christoforidis and other unknown medical doctors, and medical 

staff, DEFENDANT, UNITED STATES OF AMERICA, Plaintiff, LORENZO MILLER, suffered permanent 

injury.

53. As a direct and proximate result of the foregoing allegations, Plaintiff sustained 

permanent injury which has caused Plaintiff, LORENZO MILLER, to incur in the past and to likely 

incur future medical expenses in an endeavor to be cured of injuries, permanent in nature; chronic and 

permanent pain and suffering, a permanent disabling injury and loss of ordinary occupation and 

affairs, including loss of enjoyment of life, all to his damage.

54. Plaintiff, LORENZO MILLER, has attached as “Group Exhibit A” reports in 

compliance with 735 Ill. Comp. Stat. 5/2-622.

WHEREFORE, Plaintiff, LORENZO MILLER, prays that this Honorable Court enter 

judgment against the DEFENDANT, UNITED STATES OF AMERICA, for the amount of $9,040,750.81, 

or such other greater amount as may be proven at trial or hearing, together with any and all other 

damages available under the Federal Tort Claims Act, the costs of the action, and any further legal 

and equitable relief this Court deems appropriate.

/s/ Evan B. Karnes, II

One of the Lawyers for 

LORENZO MILLER

Evan B. Karnes, II

Everardo Martinez 

KARNES LAW, CHARTERED

177 N. State Street, 3rd Floor

Chicago, IL 60601

(312) 629-8900

Evan@KarnesLaw.com

Everardo@KarnesLaw.com

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