Case 1:20-cv-00228-LEW Document 1 Filed 06/25/20 Page 1 of 8 PageID #: 1

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

ALEXANDRIA ORDUNA, as mother and next

friend of E.O., a minor,

Plaintiff

Civil Action No.

v.

UNITED STATES OF AMERICA,

Defendant

COMPLAINT

NOW COMES the Plaintiff, ALEXANDRIA ORDUNA (hereinafter referred to as

“ALEXANDRIA”), as mother and next friend of E.O. (hereinafter referred to as “E.O.”), a

minor, by and through her attorneys, Terry Garmey & Associates, and complains against the

Defendant, the United States of America, as follows:

NATURE OF THE CASE

1. This medical malpractice action arises against the United States of America under

the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq.

2. This action alleges medical malpractice committed by employees of Brewer

Medical Center in Brewer, Maine, which is a division of Penobscot Community Health Center

Inc. (“PCHC”), a Federally Qualified Health Center under the Department of Health and Human

Services Centers for Medicare and Medicaid Services.

3. From the day that E.O. was four days old, until January 10, 2019, E.O. was under

the care of agents and employees of the Brewer Medical Center, including Physician’s Assistant

Amanda Young (“PA Young”). During this period of time, unbeknownst to Alexandria, E.O.
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was being physically abused by Alexandria’s boyfriend, Cyree Hansley. Worried about E.O.’s

symptoms but unaware that he was being abused and unaware that the symptoms were red-flag

signs of such abuse, Alexandria brought him to the Brewer Medical Center and PA Young for

treatment.

4. Even though E.O.’s medical records show that PA Young knew physical abuse

was a potential cause of his symptoms, no agent or employee reported such suspicions to

Maine’s Office of Children and Family Services (“OCFS”), which was required by law, nor

contacted the many resources available through the Maine Child Abuse Action Network and the

Maine Child Welfare Advisory Panel, nor informed Alexandria that her child presented signs and

symptoms of child abuse.

5. Tragically, the Brewer Medical Center and its employees failed in their duty to

act as reasonable medical providers, and ignored or failed to communicate telltale signs that baby

E.O. was being physically abused. As a result, when the child was only about six months old,

Cyree Hansley beat him so savagely that he nearly died. E.O. suffers lifelong injuries as a result

of the beating, including by not limited to, traumatic brain injury and permanent blindness.

6. Had the agents and employees of the Brewer Medical Center acted with

reasonable care and according to the standards of care in their professions in caring for E.O.,

they would have notified Alexandria and Maine’s OCFS that E.O. was presenting red-flag signs

of physical abuse – and Alexandria could have acted in time to protect her son.

7. Brewer Medical Center’s employees’ professional negligence and substandard

care in the treatment of E.O., including the substandard care by Physician Assistant Amanda

Young, caused him to suffer permanent, painful and severely disabling injuries.

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PARTIES

8. Plaintiff Alexandria Orduna is the mother and next friend of Plaintiff E.O., a

minor, and both are residents of the Town of Orono, in the County of Penobscot and State of

Maine.

9. The United States of America is the proper defendant in this case under the

Federal Tort Claims Act, 28 U.S.C. §2671. Defendant operates a health care facility known as

the Brewer Medical Center (a division of PCHC) in the Town of Brewer, County of Penobscot,

Maine, which is a Department of Health and Human Services Center for Medicare and Medicaid

Services.

JURISDICTION AND VENUE

10. This action arises under the Federal Tort Claims Act, 28 U.S.C. §2671, et seq.

This Court has jurisdiction of this matter under 28 U.S.C. § 1336.

11. An attorney representing the Plaintiff timely submitted to the Department of

Health and Human Services (“DHHS”) a Notice of Claim form which was received on or about

September 4, 2019, more than six months ago. The DHHS has not responded to the claim.

12. Venue is proper in the District of Maine pursuant to 28 U.S.C. § 1402(b) because

the Plaintiff resides in Orono, which is within this judicial district.

13. Pursuant to Local Rule 3(b), this action has been properly filed in Bangor

because the events giving rise to this claim occurred in Penobscot County.

FACTS

14. In the operation of the Brewer Medical Center in Brewer, Maine, the Defendant

held itself out as a health care facility in which Defendant’s employees would use that degree of

care, skill, diligence and attention exercised by hospitals generally.

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15. Brewer Medical Center was operated by the Defendant, and Defendant acted

through employees, including doctors, physician’s assistants, nurses and other hospital personnel

over which Defendant exercised control and supervision.

16. Physician’s Assistant Amanda Young was an employee of the Brewer Medical

Center over whom Defendant exercised control and supervision.

17. During the period of June 2018 through January 10, 2019, E.O. was under the

care of agents and employees of the Brewer Medical Center, including PA Young.

18. Employees of the Brewer Medical Center, including PA Young and other

healthcare professionals who provided care to E.O., were at all relevant times “mandated

reporters” under Maine’s Child Reporting Act, Me. Rev. Stat. tit. 22, § 4011-A. Under the Child

Reporting Act, these persons were required to report any reasonable cause to suspect that a child

has been or is likely to be abused. The Child Reporting Act specifies that Mandated Reporters

must make such a report when a child who is under six months of age or otherwise non-

ambulatory shows evidence of certain types of injuries, including “fracture of bone; substantial

bruising or multiple bruises; subdural hematoma; [and any] … injury resulting in ... soft tissue

swelling.”

19. Maine’s Child Reporting Act is consistent with federal policy, enacted by

Congress through the Child Abuse Prevention and Treatment and Adoption Reform Act

(“CAPTA”) (see 42 U.S.C.A. § 5106a), which is intended to support and encourage the

prevention, assessment, investigation, prosecution and treatment of child abuse.

20. During their treatment of E.O., agents and employees of the Brewer Medical

Center, including PA Young, failed to recognize and/or report, and did not address red-flag

symptoms of child abuse, including the following incidents.

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21. In August 2018, Alexandria called the Brewer Medical Center and reported to PA

Young that E.O. had suffered a bruised and swollen penis, which had occurred after his diaper

was changed by Cyree Hansley.

22. In November 2018, Alexandria again called the Brewer Medical Center and

reported to PA Young that E.O. had suffered a bruised and swollen ankle, which was later

diagnosed as a fractured tibia and fibula. Unbeknownst to Alexandria, any bruising on an infant

who is not yet walking is a red-flag sign of potential child abuse.

23. On December 11, 2018, Alexandria brought E.O. to the Brewer Medical Center to

be seen for bruised and purple spots on both of his ears, which she had first observed that

morning. PA Young examined E.O. and noted the bruising. Although PA Young noted in

E.O.’s medical record that abuse was “on the differential diagnosis” due to his two bruised ears,

PA Young did not inform Alexandria of this information.

24. The standard of care for a healthcare provider rendering treatment to a child, as

reflected in the medical literature and the law and policy of the State of Maine and the United

States of America, required PA Young to recognize and report E.O.’s presentation of symptoms

of child abuse.

25. Consistent with federal law, the state of Maine requires health care providers such

as PA Young to report the suspicion of child abuse to OCFS. Me. Rev. Stat. tit. 22, § 4011-A. It

also makes free resources available for healthcare providers, including employees of PCHC such

as PA Young, to consult when a minor presents with red flags for child abuse.

26. Yet, instead of fulfilling her professional duties and legal obligations, PA Young

ignored the red-flag symptoms of abuse. She did not report that child abuse was a potential

cause of the baby’s bilateral ear bruising or other symptoms.

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27. PA Young examined E.O. again on December 17, 2018. PA Young again noted

the child’s ongoing purple ears and diagnosed him with “easy bruising.” Again, she failed to

notify OCFS or anyone else about the bruising, nor did she notify Alexandria that bruising in

non-walking children is a sign of potential child abuse.

28. E.O. was again seen by PA Young at approximately 1:00 p.m. on January 10,

2019. That day, PA Young observed a dime-sized pinkish-blue skin lesion over E.O.’s right

temple, a 4.5 cm x 6 cm mildly raised lump over his right lower back (which was later

determined to be a fractured vertebrae), and weight loss. Notwithstanding the history of

unexplained bruises and a previous note in the medical record indicating that “abuse” was within

the differential, PA Young decided that the fractured back would be evaluated non-urgently with

an ultrasound rather than a CT scan. She again failed to notify Maine OCFS about the bruising,

and failed to consult with free resources available in the State of Maine to assist healthcare

providers faced with potential cases of child abuse. And once again, she failed to notify

Alexandria that facial bruising in a child who is not yet even learning to walk is a red-flag sign of

potential child abuse.

29. Just hours after leaving the Brewer Medical Center on January 10, 2019,

Alexandria – completely unaware that PA Young had noted the possibility that E.O. was in an

abusive environment – left baby E.O. in the care of Hansley in order to attend evening classes.

30. That same evening, Hansley struck baby E.O. violently in the face and head,

causing fractures, permanent blindness and brain damage.

31. When Alexandria returned home from school, she noticed that baby E.O. had a

swollen left eye and that he felt cold and was not responsive in his crib. Although Hansley

denied that anything was wrong or that anything had happened to E.O., Alexandria immediately

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brought the child to the Eastern Maine Medical Center. There, he was found to have suffered,

among other things, a fractured skull, bleeding in his brain, a left femur fracture, blindness, and

permanent brain injury. Radiologists examining E.O.’s medical imaging not only diagnosed

recent, acute injuries, but also took note of the existence of latent, chronic fractures and injuries

that were caused by the ongoing serial abuse by Hansley which had been occurring for months

prior to the near-fatal attack on January 10, 2019.

32. E.O.’s permanent injuries would have been avoided if the Brewer Medical Center,

through its agents and employees, had not failed in its obligation to protect E.O. from abuse.

33. Had agents and employees of the Brewer Medical Center provided reasonable

medical care to E.O., multiple severe injuries would have been avoided, including permanent

brain injury, blindness, fractures of the spine, femur and ankle, as well as traumatic bruises to the

ears and neck.

COUNT I
(NEGLIGENCE)

34. Plaintiff Alexandria Orduna, as mother and next friend of E.O., a minor, repeats

and realleges the above allegations as if set forth herein in full.

35. Defendant’s employees, including Physician’s Assistant Amanda Young, were

careless and negligent and breached the standard of care for medical providers when they

negligently failed to notify Alexandria and others of the possibility that E.O. was being

physically abused and/or failed to recognize telltale symptoms of potential child abuse, and

failed to report a suspicion of abuse to the Maine Department of Child and Family Services.

36. As a direct and proximate result of the carelessness and negligence of the

Defendant’s employees, E.O. suffered severe pain, injury, loss of enjoyment of life, emotional

distress, medical expenses, lost earnings capacity and permanent impairment.

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37. The United States of America is legally responsible for the negligence of Amanda

Young and others at the Brewer Medical Center involved in the treatment and care of E.O.

WHEREFORE, Alexandria Orduna, as mother and next friend of E.O., a minor, requests

that judgment be entered in his favor against the Defendant for damages which this Court deems

reasonable, together with interest and costs.

DATED at Portland, Maine this 25th day of June, 2020.

Attorneys for Plaintiff,

/s/ Terrence D. Garmey

_______________________________
Terry D. Garmey, Esq. Bar #1656
Alexis Garmey Chardon, Esq. Bar #5932
TERRY ARMEY & ASSOCIATES
482 Congress Street, Suite 402
Portland, ME 04101
[email protected]
[email protected]
207-899-4644