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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

(CAMDEN VICINAGE)

STARK & STARK

A Professional Corporation

P.O. Box 5315

Princeton, New Jersey 08543-5315

(609) 896-9060

Attorneys for Plaintiff, ANISSA E. ISRAEL, 

as Administrator ad Prosequendum of the 

Estate of A’heem Hudson, deceased

Frank Orbach, Esq. (FO9669) 

_____________________________________

)

ANISSA E. ISRAEL, as Administrator ad :

Prosequendum of the Estate of A’Heem )

Hudson, deceased, :

) CIVIL ACTION NO.:

:

 Plaintiff, )

:

vs. )

:

THE UNITED STATES OF AMERICA, ) COMPLAINT FOR 

JOHN DOE DOCTORS (1-10), fictitiously : DAMAGES AND DEMAND

named defendants, JANE DOE NURSES ) FOR JURY TRIAL

(1-10), fictitiously named defendants, :

and ABC BUSINESS ENTITIES )

(1-10), fictitiously named defendants, :

)

 Defendants. :

 /

 Plaintiff, ANISSA E. ISRAEL, as Administrator ad Prosequendum of the

Estate of A’HEEM HUDSON, residing at 4704 River Road, Pennsauken, Camden

County, New Jersey, 08110, by way of Complaint, alleges and says:

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JURISDICTIONAL ALLEGATIONS

1. This action is brought, and jurisdiction vested, pursuant to the

provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671 - 2680, et. seq., 28

U.S.C. § 1346(b) and 28 U.S.C. § 2401(b).

2. The cause of action in this matter arose on or about XX/XX/2008.

3. Proper notice was presented and received by the appropriate Federal

agency within 2 years of the date of the cause of action arose in this matter, as

evidenced by the following:

a. Pursuant to 28 U.S.C. § 2401(b) and 28 U.S.C. § 2671, et.

seq., plaintiffs served a written notice of administrative claim by

way of a properly completed standard Form 95, which was

presented to and received by Defendant, United States, in the

name of Meredith Torres, (in the total amount of

$5,000,000.00). An amended notice of claim was presented

to and received by Defendant, United States, in the name of

Linda A. Vincent (In the total amount of $5,000,000.00). True

and correct copies of the notices are attached as Exhibit 1 and

2, respectively, and are incorporated herein by reference.

b. The aforesaid notice was received by Defendant, United

States Department of Heath and Human Services, on or about

January 20, 2010, as evidenced by the certified mail receipt

attached hereto as Exhibit 3 and incorporated herein by

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reference. The aforesaid amended notice was received by

Defendant, United States Department of Health and Human

Services, on or about April 19, 2010, as evidenced by the

certified mail receipt attached hereto as Exhibit 4 and

incorporated herein by reference. 

4. Plaintiff’s Complaint has been filed timely in keeping with the

procedural requirements set forth at 28 U.S.C. § 2401(b) and 39 C.F.R. 912.9(a).

FACTUAL ALLEGATIONS CONCERNING ROSALIA E. HYATT

1. Plaintiff repeats the allegations of the preceding Count and makes

them a part hereof.

2. At all relevant times, ROSALIA E. HYATT, M.D., was a licensed

physician of the State of New Jersey, who held herself out as a specialist in the field

of Obstetrics and Gynecology. 

3. At all relevant times, ROSALIA E. HYATT, M.D., was an employee of

CAMcare Health Corporation, located at 2610 Federal Street, in the City of

Camden, County of Camden, State of New Jersey 08105.

4. At all relevant times, ROSALIA E. HYATT, M.D., acted within the

scope of her employment by CAMcare Health Corporation. ROSALIA E. HYATT,

M.D., has been deemed by the Office of General Counsel of the United States

Department of Health and Human Services to be an employee of a deemed

community health center, and, as such, she is covered under the Federal Tort

Claims Act for purposes of the claims asserted herein. 

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5. On or about XX/XX/2008, ROSALIA E. HYATT, M.D. provided medical

services to the plaintiff, ANISSA E. ISRAEL, in connection with her labor and the

delivery of the plaintiff’s decedent, A’HEEM HUDSON, at Cooper University Hospital

in Camden, New Jersey. 

6. On or about XX/XX/2008 and XX/XX/2008, ROSALIA E. HYATT,

M.D., was the Attending Obstetrician for the labor of plaintiff, ANISSA E. ISRAEL,

and for the delivery on XX/XX/2008 of plaintiff’s decedent, A’HEEM HUDSON. 

7. At all relevant times, ROSALIA E. HYATT, M.D., supervised the

residents and other doctors-in-training who attended to plaintiff, ANISSA E. ISRAEL,

and who attended to the plaintiff’s decedent, A’HEEM HUDSON. 

8. ROSALIA E. HYATT, M.D., was responsible for all of the obstetrical

and medical management decisions made with respect to the said labor and the

delivery of plaintiff’s decedent, A’HEEM HUDSON. 

9. At all relevant times, ROSALIA E. HYATT, M.D., had a duty to provide

obstetrical and medical services to the plaintiff, ANISSA E. ISRAEL, and to

plaintiff’s decedent, A’HEEM HUDSON, in accordance with accepted medical and

professional standards.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

1. The plaintiff repeats the allegations of the preceding Counts and

makes them a part hereof.

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2. The plaintiff, ANISSA E. ISRAEL, became pregnant with twins in

2007. It is this pregnancy which resulted in the birth of plaintiff’s decedent, A’HEEM

HUDSON, on XX/XX/2008. The plaintiff’s decedent, A’HEEM HUDSON, is also

referred to herein as Twin B. 

3. The other baby which the plaintiff, ANISSA E. ISRAEL, was carrying

is referred to herein as Twin A. 

4. On XX/XX/2008, one day before the delivery of both babies, a NonStress Test was performed. 

5. The Non-Stress Test showed that both twin A and B were in cephalic

presentation with reactive fetal heart rate patterns.

6. Reactive patterns are reassuring signs of fetal well-being. 

7. The Non-Stress Test also showed, however, that Twin B had

oligohydramnios, which means that the amniotic fluid volume was diminished. 

8. The decreased amniotic fluid volume placed Twin B in a potentially

hostile uterine environment, which increased the risk of umbilical cord compression,

asphyxia, and meconium aspiration. These risks are associated with

hypoxic/ischemic injury, brain damage, and potential death of the baby. 

9. Plaintiff, ANISSA E. ISRAEL, was admitted to Cooper University

Hospital in Camden, New Jersey on XX/XX/2008 for induction of labor and delivery

of her babies. The reason for the admission and induction of labor was the above

referenced ultrasound finding that Twin B had oligohydramnios and, compared to

Twin A, had a growth discordance. 

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10. ROSALIA E. HYATT, M.D., was aware of the above reasons for

admission to the hospital and induction of labor and was aware of the aforesaid

risks of brain injury and death of Twin B revealed by plaintiff, ANISSA E. ISRAEL’S

aforesaid obstetrical testing. 

11. The Non-Stress Test results from XX/XX/2008, and, most importantly,

the finding of oligohydramnios, required that ROSALIA E. HYATT, M.D., be on the

look out for any signs or evidence of potential fetal compromise in the case of Twin

B and that she effect delivery of Twin B as soon as possible when such signs or

evidence appeared. 

12. The operating room was set up at or about 1:30 a.m. on XX/XX/2008

for vaginal delivery and possible Caesarian Section delivery of the aforesaid twins.

13. Fetal tachycardia was noted in the hospital record with respect to Twin

B at or about 1:33 a.m. 

14. Full dilation of plaintiff, ANISSA E. ISRAEL’S, cervix occurred at or

about 1:50 a.m. 

15. Plaintiff, ANISSA E. ISRAEL, was transferred to the operating room

at or about 1:52 a.m., to begin pushing. 

16. Plaintiff, ANISSA E. ISRAEL, arrived in the operating room at or about

2:07 a.m. 

17. The baby referred to in the labor and delivery records as Twin A was

delivered at or about 2:12 a.m. 

18. ROSALIA E. HYATT, M.D. was present for the delivery of Twin A and

was the attending obstetrician for said delivery. 

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19. At or about 2:13 a.m., the Obstetrical Resident, Dr. Yahav, was unable

to obtain fetal heart tones for Twin B with the Electronic Fetal Monitor Transducer.

20. At or about 2:15 a.m., the Electronic Fetal Monitor tracing was

consistent with the palpated maternal pulse. This meant that the doctors had been

unable to obtain fetal heart tones for Twin B for approximately two minutes.

21. Immediate rupture of membranes and placement of an internal scalp

electrode was required by the standard of care at or about 2:15 a.m. in order to

obtain a reliable fetal heart rate pattern. 

22. Placement of a scalp electrode could not be done at that time because

of fetal position. For this reason, the decision for an immediate Caesarian Section

was required by the standard of care at or about 2:15 a.m. 

23. At or about 2:20 a.m. and at or about 2:33 a.m., the palpated maternal

pulse continued to be consistent with the heart rate being recorded on the Electronic

Fetal Monitor Tracing. This meant that the doctors could still not obtain fetal heart

tones for Twin B. 

24. At or about 2:35 a.m, ROSALIA E. HYATT, M.D., made the decision

to deliver Twin B by Caesarian Section. 

25. Twin B was delivered at or about 2:52 a.m. 

26. ROSALIA E. HYATT, M.D., was the physician who, in fact, made the

obstetrical management decisions which led to the delivery of Twin B at or about

2:52 a.m.

27. ROSALIA E. HYATT, M.D., was physically present following the

delivery of Twin A, up to and including the delivery of Twin B. 

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28. ROSALIA E. HYATT, M.D. was aware, or should have been aware,

of the events which occurred following the delivery of Twin A, up to and including

the delivery of Twin B. 

29. The longer that Twin B remained in utero after 2:15 a.m., the greater

was his risk of suffering irreversible hypoxic/ischemic injury, severe and irreversible

brain damage, meconium aspiration, and death. 

30. At the time of his birth, the plaintiff’s decedent, A’HEEM HUDSON,

had a severe and irreversible brain injury as a result of hypoxia and ischemia

occurring during the last few minutes before delivery. 

31. The Apgar Scores of the plaintiff’s decedent, A’HEEM HUDSON, were

1, 4, and 4 at one, five and ten minutes, respectively.

32. The amniotic fluid of the plaintiff’s decedent, A’HEEM HUDSON, was

meconium stained.

33. Cord blood gases of the plaintiff’s decedent, A’HEEM HUDSON,

obtained at Cooper University Hospital, showed a highly acidotic pH with a base

excess. 

34. While the plaintiff’s decedent, A’HEEM HUDSON, remained a patient

at Cooper University Hospital, he had no spontaneous respirations and was

hypotonic.

35. The plaintiff’s decedent, A’HEEM HUDSON, experienced seizures

while he was at Cooper University Hospital. 

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36. The clinical examinations of, and the testing done on, the plaintiff’s

decedent, A’HEEM HUDSON, while he was at Cooper University Hospital, showed

a profound and acute hypoxic/ischemic injury, which included severe brain injury.

37. The plaintiff’s decedent, A’HEEM HUDSON, was medically stabilized

at Cooper University Hospital and transferred to Children’s Hospital of Philadelphia

(CHOP) on XX/XX/2008 for hypothermia treatment of his brain injury. 

38. The treatment at CHOP was unsuccessful.

39. In spite of the efforts of the doctors at CHOP, the medical course of

the plaintiff’s decedent, A’HEEM HUDSON, was complicated by neonatal seizures,

hyponatremia, and coagulopathy. 

40. An MRI performed at CHOP was consistent with profound anoxic

ischemic injury. 

41. Life support was ultimately withdrawn at CHOP on May 21, 2008,

because of the very poor prognosis of the plaintiff’s decedent, A’HEEM HUDSON.

42. Plaintiff’s decedent, A’HEEM HUDSON, died on May 21, 2008. 

FIRST COUNT (NEGLIGENCE OF ROSALIA E. HYATT, M.D.)

1. Plaintiff repeats the allegations of the preceding Counts and makes

them a part hereof.

2. A decision for immediate Caesarian Section was required at or about

2:15 a.m., on XX/XX/2008, by the applicable medical and obstetrical standards of

care. 

3. ROSALIA E. HYATT, M.D., as the attending obstetrician for this labor

and delivery, was the physician who had the duty to make, and carry out, the

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decision at or about 2:15 a.m. on XX/XX/2008, that an immediate Caesarian

Section be performed.

4. Delivery of Twin B could have been, and should have been,

accomplished by, or at the direction of, ROSALIA E. HYATT, M.D., within five

minutes of 2:15 a.m., because the Operating Room had already been set up for that

purpose.

5. Instead, Twin B was delivered at or about 2:52 a.m. 

6. Twin B remained in the uterine environment for over thirty minutes

longer than was permitted by the applicable obstetrical and medical standards of

care. 

7. ROSALIA E. HYATT, M.D., made the obstetrical and medical

management decisions which delayed the delivery of the plaintiff’s decedent,

A’HEEM HUDSON. 

8. The obstetrical and medical management decisions made by

ROSALIA E. HYATT, M.D., were deviations from the standards of care applicable

to her.

9. The deviations from the standards of care by ROSALIA E. HYATT,

M.D. substantially increased the risk of injury and death to the plaintiff’s decedent,

A’HEEM HUDSON, and were a proximate cause of the injuries and death of the

plaintiff’s decedent, A’HEEM HUDSON. 

10. The cause of death of the plaintiff’s decedent, A’HEEM HUDSON, was

the injuries suffered by him due to the delay in delivering him on XX/XX/2008.

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WHEREFORE, the plaintiff, ANISSA E. ISRAEL, as Administrator ad

Prosequendum of the ESTATE OF A’HEEM HUDSON, demands judgment for

damages in the amount of $5,000,000.00 against the defendant, THE UNITED

STATES OF AMERICA, JOHN DOE PHYSICIANS (1 through 10), fictitiously named

defendants, JANE DOE NURSES (1 through 10), fictitiously named defendants, and

ABC BUSINESS ENTITIES, (1 through 10), fictitiously named defendants,

individually, jointly, and severally, and in the alternative, together with interest, and

costs of suit.

SECOND COUNT (FICTITIOUSLY DESIGNATED DEFENDANTS)

1. The plaintiff repeats the allegations of the preceding Counts and

makes them a part hereof. 

2. Prior to the birth of the plaintiffs’ decedent, A’HEEM HUDSON, the

plaintiff, ANISSA E. ISRAEL, was attended to, and received professional services

from, defendants, JOHN DOE PHYSICIANS (1 through 10). Said defendants,

JOHN DOE PHYSICIANS (1 through 10) are physicians who are at present

unknown to the plaintiffs herein and are thus fictitiously designated. Said

defendants, JOHN DOE PHYSICIANS (1 through 10), provided negligent services

to plaintiff, ANISSA E. ISRAEL, causing and/or contributing to the damages, losses,

and injuries set forth herein. 

3. Prior to his death, the plaintiffs’ decedent, A’HEEM HUDSON, was

attended to, and received professional services from, defendants, JANE DOE

NURSES (1 through 10). Said defendants, JANE DOE NURSES (1 through 10), are

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physicians and nurses who are at present unknown to the plaintiffs herein and are

thus fictitiously designated. Said defendants, JANE DOE NURSES (1 through 10),

provided negligent services to the plaintiff, ANISSA E. ISRAEL, and to the plaintiff’s

decedent, A’HEEM HUDSON, causing and/or contributing to the damages, losses,

and injuries set forth herein. 

4. Defendants, ABC BUSINESS ENTITIES (1 through 10), are

corporations or partnerships which are liable for the negligence and tortuous acts

and omissions of the defendants named in this Complaint, and which business

entities are at present unknown to the plaintiffs herein and are thus fictitiously

designated. Said defendants, ABC BUSINESS ENTITIES (1 through 10), provided

negligent services to the plaintiff, ANISSA E. ISRAEL, and to the plaintiffs’

decedent, A’HEEM HUDSON, and deviated from the applicable standard of care

with respect to the plaintiff, ANISSA E. ISRAEL, and the plaintiffs’ decedent,

A‘HEEM HUDSON, causing and/or contributing to the damages, losses, and injuries

set forth herein.

WHEREFORE, the plaintiff, ANISSA E. ISRAEL, as Administrator ad

Prosequendum of the ESTATE OF A’HEEM HUDSON, demands judgment for

damages in the amount of $5,000,000.00 against the defendant, THE UNITED

STATES OF AMERICA, JOHN DOE PHYSICIANS (1 through 10), fictitiously

named defendants, JANE DOE NURSES (1 through 10), fictitiously named

defendants, and ABC BUSINESS ENTITIES, (1 through 10), fictitiously named

defendants, individually, jointly, and severally, and in the alternative, together with

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interest, and costs of suit. 

FOURTH COUNT

1. The plaintiff repeats the allegations of the preceding Counts and

makes them a part hereof.

2. Defendants, ROSALIA E. HYATT, M.D., and the above named

fictitiously designated defendants, undertook to provide professional health care

services and medical services to the plaintiff, ANISSA E. ISRAEL, and to the

plaintiffs’ decedent, A’HEEM HUDSON, in connection with the aforesaid labor and

delivery. As such, each and all of said defendants had a duty to render said services

in accordance with the standards of care applicable to them in their respective

capacities as physicians, nurses, and business entities.

3. Defendants, ROSALIA E. HYATT, M.D., and the above named

fictitiously designated defendants, individually, jointly, and severally, and in the

alternative, deviated from the standards of care applicable to them in their

respective capacities, specialties, and areas of practice, and were negligent with

respect to the services, diagnosis, care, and treatment they provided to the plaintiff,

ANISSA E. ISRAEL, and to the plaintiffs’ decedent, A’HEEM HUDSON. 

4. The negligence, and the deviations from the standards of care, of

ROSALIA E. HYATT, M.D., and of each and all of the fictitiously named defendants,

was a proximate cause of the injuries to, and the premature and unnecessary death

of, the plaintiffs’ decedent, A’HEEM HUDSON.

5. The negligence, and the deviations from the standards of care, of

ROSALIA E. HYATT, M.D., and of each and all of the fictitiously named

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defendants, proximately caused the plaintiff’s decedent, A’HEEM HUDSON, to

suffer serious and permanent injuries, worsening and aggravation of medical

disorders and illnesses, disability, extreme physical pain and mental and emotional

anguish, and loss of the enjoyment of life prior to his premature and unnecessary

death.

6. The plaintiff, ANISSA E. ISRAEL, paid for the funeral expenses and

charges incurred as a result of the death of plaintiff’s decedent, A’HEEM HUDSON.

7. The plaintiffs’ decedent, A’HEEM HUDSON, was survived by his

parents, ANISSA E. ISRAEL, and GARY HUDSON, each of whom was dependent

on the plaintiffs’ decedent, and who, by reason of his wrongful death, have suffered

pecuniary losses. Specifically, ANISSA E. ISRAEL, and GARY HUDSON, have

suffered the loss of the future services, companionship, advice, guidance, counsel,

and earnings of the plaintiff’s decedent, A’HEEM HUDSON.

8. The plaintiff, ANISSA E. ISRAEL, as Administrator ad Prosequendum

of the ESTATE OF A’HEEM HUDSON, brings this action pursuant to the provisions

of the New Jersey Wrongful Death Act, N.J.S.A. 2A: 31-1, et seq., pursuant to

N.J.S.A. 2A:15-3, and pursuant to the Federal Torts Claims Act 28 U.S.C. § 2671

- 2680, et. seq. 

9. A copy of the Affidavit of Merit of Richard L. Luciani, M.D., is annexed

hereto as Exhibit 5. 

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WHEREFORE, the plaintiff, ANISSA E. ISRAEL, as Administrator ad

Prosequendum of the ESTATE OF A’HEEM HUDSON, demands judgment for

damages in the amount of $5,000,000.00 against the defendant, THE UNITED

STATES OF AMERICA, JOHN DOE PHYSICIANS (1 through 10), fictitiously named

defendants, JANE DOE NURSES (1 through 10), fictitiously named defendants, and

ABC BUSINESS ENTITIES, (1 through 10), fictitiously named defendants,

individually, jointly, and severally, and in the alternative, together with interest, and

costs of suit.

STARK & STARK

A Professional Corporation

Attorneys for Plaintiff

By: /S/ Frank Orbach

(FO 9669) 

JURY TRIAL DEMAND

Plaintiff, ANISSA E. ISRAEL, hereby demands trial by jury as to all issues so

triable.

STARK & STARK

A Professional Corporation

Attorneys for Plaintiff

By: /S/ Frank Orbach

 (FO 9669) 

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