Young Life Research Clinic Sued
In October 2005, D. Gary Young, his Young Life Research Clinic, and several members of the clinic staff were sued by a woman from Kansas who alleged that their treatment had caused her kidneys to fail and nearly killed her. Young is an unlicensed naturopath whose "degree" came from a nonaccredited correspondence school. The complaint, shown below, states:
The presumed cause of the kidney failure was the intravenous vitamin C, which can impair kidney function by causing calcium oxalate crystals to be deposited in the kidney tubules. The lawsuit was settled with payment of an undisclosed sum. Around the time that the suit was filed, Young announced that he was moving his clinic to Ecuador. Quackwatch has additional information about Young and his clinic.
- During a three-week period in which the woman was under the defendants' care, she underwent suspect diagnostic tests and was treated with multiple types of dubious treatments that included chelation therapy, hydrogen peroxide infusions, vitamin C infusions, and colonic irrigation.
- Toward the end of her stay, she developed nausea, violent vomiting, weakness, and disorientation.
- The clinic staff failed to recognize the nature or seriousness of the problem or make an emergency referral for appropriate treatment even when her she stopped producing urine.
- Within hours of returning home to Wichita, Kansas, plaintiff was hospitalized for severe kidney failure from which she nearly died.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ANNE M. ADKINS,
vs. G. Y. RESEARCH INSTITUTE OF
|
| | | | | | | | | | | | | | | | |
COMPLAINT
Judge Paul G. Cassell
|
COMES NOW the plaintiff, by and through her attorneys, 1. Philip Davidson of Hinkle Elkouri Law Film, Wichita, Kansas and Alan Mortensen of Dewsnup, King & Olsen, Utah, and for her cause of action against each defendant, states and alleges as follows:
JURISDICTION AND VENUE:
1. Subject matter jurisdiction is based on 28 U.S.c.A. Section 1332 for the reasons that: the plaintiff is a citizen of the State of Kansas; the defendant G. Y. Research Institute of Natural Medicine, L.L.C. is a Utah limited liability company doing business in the State of Utah as Young Life Research Clinic - Institute of Natural Medicine in Springdale, Utah; the defendants D. Gary Young, Roger Beldon Lewis, M.D., David K. Hill, D.C., Michael Alsop, D.C., and Patrick Gunther, L.Ac. are citizens of the State of Utah; and the amount in controversy exceeds $75,000.
2. Venue is proper in the United States District Court for the District of Utah (sitting in Salt Lake City) pursuant to 28 U.S.CA. 1391(a) and (c), in that: all defendants reside or do business in the state of Utah; the tort and other wrongful conduct which gives rise to the cause of action occurred in Utah; and all defendants are subject to personal jurisdiction in the State of Utah.
3. Plaintiff has complied with all the pre-litigation requirements set forth in the Utah Health Care Malpractice Act set forth at Utah Code Annotated § 78-14-8, in that it has provided defendants with 90 days notice of plaintiffs intent to commence this action which set forth: a general statement of the claim; the persons involved; the date, time, place and circumstances of the occurrence which is the subject of this complaint; the specific allegations of misconduct; and the nature of the alleged injuries and damages.
GENERAL ALLEGATIONS
4. Anne M. Adkins is a Kansas resident who resides at her principal residence in Wichita, Kansas.
5. Defendants D. Gary Young, Roger B. Lewis M.D., David K. Hill, D.C., Michael Alsop, D.C., and Patrick Gunther, L.Ac. are residents of Utah and may be served with process at their respective personal residences or their office located at Young Life Research Clinic Institute of Natural Medicine, 1278 N. 750 W., Suite 100, Springville, Utah 84663.
6. Defendant G.Y. Research Institute of Natural Medicine is a limited liability company duly organized and existing by virtue of the laws of the State of Utah, doing business as Young Life Research Clinic - Institute of Natural Medicine (hereinafter referred to as Young Life Research Clinic), with its principal place of business at 1278 N. 750 W., Suite 100, Springville, Utah 84663 and with its registered agent, Steven W. Bentley, Thanksgiving Point Business Park, 3125 W. Executive Parkway, Lehi, Utah, 84043.
7. At an times material hereto, Young Life Research Clinic was responsible for the day to day operations and management of Young Life Research Clinic - Institute of Natural Medicine as wen as the employment of professional, administrative and staff employees. 8. At all times material hereto, and to which reference is made herein, D. Gary Young was not licensed by the Utah Division of Professional Licensing in any profession yet acted as Founder and Director of Research of Young Life Research Clinic. D. Gary Young held himself out as director of research and as a specialist in holistic medicine and herbal remedies and represented Young Life Research Clinic to be "a complete health care clinic providing comprehensive health care services for the entire family" and that the clinic employed "only the finest certified and accredited professionals in the fields of research, medicine and naturopathic remedies."
9. At an times material hereto, and to which reference is made herein, Dr. Lewis was a licensed practicing physician acting as medical director and practicing in the areas of family practice and holistic medicine. Dr. Lewis, in practicing his profession and providing care and treatment to his patients, held himself out to the general public as a specialist in the field of family practice using that degree of care, skill, diligence and attention as used by other physicians in the practice of said specialty.
10. At all times material hereto, and to which reference is made herein, defendant David K. Hill was a doctor of chiropractic not licensed in the state of Utah, and acting as the clinic administrator. Dr. Hill, in acting in the capacity of clinic administrator and in participating in clinic treatment team and coordination of care meetings relative to the treatment of clinic patients, held himself out to the general public as using the degree of care, skill, diligence and attention as used by other doctors of chiropractic and clinic administrators.
11. At an times material hereto, and to which reference is made herein, defendant Michael Alsop was a licensed doctor of chiropractic practicing in the area of chiropractic, kinesiology and holistic medicine. Dr. Alsop, in practicing his profession and providing care and treatment to his patients, held himself out to the general public as a specialist in the field of chiropractic, kinesiology and holistic medicine using that degree of care, skill, diligence and attention as used by other doctors of chiropractic in the practice of said specialty. 12. At an times material hereto, and to which reference is made herein, defendant Patrick Gunther, L.Ac., was certified and designated as a Diplomat of Acupuncture, practicing in the area of acupuncture. Mr. Gunther, in practicing his profession and providing care and treatment held himself out to the general public as using the degree of care, skill, diligence and attention as used by other acupuncturists.
13. At an times material hereto, Young Life Research Clinic had within its employ, control and supervision certain administrators, physicians, chiropractors, licensed acupuncturists, officers, physician assistants, nurses, nurses aides, interns, residents, student nurses, and other administrative, office and/or clinic personnel. The negligence of said persons is likewise the negligence of Young Life Research Clinic.
14. At all material times relevant hereto, and to which reference is made herein, a physician/patient or clinic/patient relationship exited between plaintiff and the defendants.
15. Beginning on January 6, 2004, and lasting through January 26, 2004, plaintiff, Anne Adkins, was a patient at Young Life Research Clinic where she was treated by defendants Lewis, Hill, Alsop and Gunther. While under the defendants' care, she received various suspect diagnostic tests and was treated with multiple types of dubious intravenous and other therapies, including but not limited to, chelation therapy, hydrogen peroxide infusions, vitamin C infusions, and colonic irrigation. These medical practices and therapies may be argued by defendants to constitute "alternative medical practices" as defined by the Utah Medical Practice Act Rules.
16. Ms. Adkins had no history of kidney complaints or impairment prior to receiving treatment at Young Life Research Clinic and baseline diagnostic tests conducted prior to her treatments at Young Life Treatment Clinic and baseline tests done by Young Life Research Clinic indicated Ms. Adkins had no pre-existing impairment in kidney function.
17. Beginning on January 21, 2004, plaintiff began to voice concerns about her health and developing illness which consisted of symptoms which included, among other things, nausea, violent vomiting, weakness, and disorientation, to the nursing and other staff, therapists and each named licensed defendant at Young Life Research Clinic. Staff at Young Life Research Clinic ignored Ms. Adkins' serious symptoms and encouraged her to finish out her treatment by providing Ms. Adkins misleading information and assurances that her illness was an expected and normal reaction to the treatments.
18. By January 22, 2004, plaintiff’s illness had progressed significantly. She vomited at least three times that day and her disorientation grew more severe. Staff at Young Life Research Clinic and defendants Lewis and Alsop responded by having her lie down in a dark room away from the other patients, continuing to reassure her that her condition was a normal and not unusual reaction to the clinic's therapies. Clinic notes from January 22, 2004 note the following disturbing signs and symptoms as the Clinic continued to provide Ms. Adkins with its infusion therapies:
| Staff Note: | Ms. Adkins "not feeling well, vomiting three times today" (after receiving hydrogen peroxide infusion) | ||
| Staff Note: | Patient's IV site "throbbing" | ||
| Staff Note: | Removed IV early - patient complained of pain at IV site. Nurse attempted to find a new IV site; unsuccessful. IV stopped for day. | ||
| Progress Note | Patient "feeling bloaty and nauseous had student nurse in to observe. By end of session, Anne was vomiting, she had vomited earlier also" |
However, the medical records of Young Life Research Clinic indicate no evaluation or physical examination was performed and no fol1ow-up or consultation was ordered to address Ms. Adkins illness.
20. On January 23, 2004, plaintiff’s condition had worsened. She was experiencing flank pain and notes in her chart state that she was vomiting yellow bile and experiencing severe right hip pain. Plaintiff was referred to defendant Dr. Alsop when a nurse was unable after repeated attempts to start an IV for the second day in a row. Dr. Alsop informed plaintiff that hef body couldn't take additional treatment, but continued to reassure her that her condition was nothing to worry about.
21. Over the next two days, January 24 through the 25th, plaintiffs urine output decreased and eventually stopped completely. Critical reports to monitor plaintiffs intake and output of fluids were never taken or monitored by defendants during any of Ms. Adkins treatments.
22. On Monday, January 26, 2004, plaintiffs condition had continued to worsen with clinic notes noting the patient feeling very ill today. She was treated with herbal kidney packs. Ms. Adkins exhibited bruising. Ms. Adkins refused various treatments due to her worsening condition.
23. Plaintiff was released from Young Life Research Clinic on January 26th. Despite obvious signs and symptoms of acute renal failure, resultant fluid overload and Ms. Adkins' reports relating how sick she was to Young Life Research Clinic staff and defendants Dr. Lewis, Dr. Hill, Dr. Alsop and Mr. Gunther, plaintiff was discharged and released to make her 900 mile flight back to Kansas. No one at Young Life Research Clinic conducted a physical examination of plaintiff. No one ordered any diagnostic tests to determine what may have been wrong with her, nor did anyone make an emergency referral for her care upon leaving the clinic.
24. Within hours of returning home to Wichita, Kansas, plaintiff was admitted to Via Christi St. Francis Regional Medical Center when a physician discovered that she was in severe and advanced acute renal failure with massive fluid overload, edema, disorientation, multiple organ failure and system imbalances from which she nearly died. Plaintiff remained in the hospital until February 7, 2004, followed by nursing home placement for dialysis.
FIRST CAUSE OF ACTION
(Medical Malpractice v. All Defendants)
25. Plaintiff incorporates paragraphs 1 through 24 as if set forth in full herein.
26. At all times material hereto, the defendants should have known that plaintiff had a developing kidney and other vital system failures, secondary to fluid overload and direct chemical insult, that required further evaluation and immediate intervention or transfer to a facility capable of doing same.
27. The failure to recognize, diagnose, treat and the resultant delay caused severe and permanent injury to her kidneys, heart, and other vital organs and bodily systems that otherwise could have been prevented. This was compounded by the fact that clinic staff and defendant Lewis provided medical records and information to subsequent caregivers in Kansas that were so incomplete as to be misleading.
28. At all material times hereto, Young Life Research Clinic owed a duty to plaintiff to use that degree of care, skill, diligence and attention as used by other health care clinics providing care and treatment to its patients, and to manage, supervise and direct all administrators, administrative staff, officers, nurses, interns, residents, physicians, chiropractors, licensed acupuncturists, nurses anesthetists, aides and other employees and agents acting under and at its direction and control and to maintain and administer policies and procedures to ensure the safety and well being of all patients being treated at Y Dung Life Research Center.
29. While providing care and treatment to plaintiff, Young Life Research Center breached its duties to plaintiff, departed from accepted and approved standards of practice and was otherwise negligent, including but not limited to: employing dangerous and unproven therapies and bogus diagnostic tests, failing to adequately assess and recognize signs and symptoms of renal failure, fluid overload and a cascade of other vital organ and bodily system failures, failing to create and maintain required medical records consistent with the standard of care, failing to report signs and symptoms consistent with renal failure and a cascade of other vital organ and bodily system failures to Dr. Lewis and others; failing to adequately staff the facility with qualified personnel and train existing personnel, and failing to alert the nurse supervisor or person serving in a like capacity of the need for further evaluation, consultation, and/or transfer of plaintiff and failing to provide informed consent to Ms. Adkins.
30. Plaintiff further alleges that the actions and conduct of the defendants Young Life Research Clinic was reckless, willful and wanton and therefore requests punitive damages herein.
31. At all material times relevant hereto, defendants Young, Lewis, Hill, Alsop, Gunther, clinic staff and administrators had a duty to use that degree of care, skill, diligence and attention as used by other like professionals in providing care and treatment to their patients, and to manage, supervise and direct all employees, nurses, interns, residents, nurse anesthetists, aides and other employees and agents acting under and at their direction and control and a duty to maintain and administer all policies and procedures to ensure the safety and well being of all patients under their care.
32. While providing care and treatment to plaintiff at Young Life Research Clinic, defendants Young, Lewis, Hill, Alsop and Gunther each breached his respective duties to plaintiff, departed from accepted and approved standards of practice and otherwise negligent, including but not limited to: ordering, providing and failing to discontinue colonic hydrotherapy, intravenous hydrogen peroxide, high-dose vitamin C, chelation and other therapies, ordering and administering bogus tests as a justification for therapies administered at Young Life Research Clinic, failing to adequately assess and recognize signs and symptoms of acute renal failure, fluid overload and a cascade of other vital organ and bodily system failures, failing to create and maintain required medical records consistent with the standard of care, failing to initiate further evaluation of plaintiffs condition, failing to initiate a consultation for further evaluation of plaintiffs condition, failing to transfer plaintiff to a facility capable of assessing, diagnosing, and treating plaintiffs ailments and failing to provide appropriate medical information to subsequent caregivers upon request.
33. Plaintiff further alleges that the actions and conduct of the defendants was reckless, willful and wanton and therefore requests punitive damages herein.
34. At all material times relevant hereto, defendants Young, Lewis, Hill, Alsop, Gunther, and clinic staff and administrators had a duty to make a reasonable disclosure to plaintiff of the nature and probable consequences of the suggested or recommended treatment, including the known dangers within their respective knowledge which were possible consequences of the treatment proposed.
35. These defendants breached this duty when they failed to disclose the information which a research director, physician, chiropractor or acupuncturist would reasonably disclose under the same or similar circumstances with respect to the therapies administered while plaintiff was at Young Life Research Clinic and thus, plaintiff was not able to make an intelligent informed consent to the proposed treatment.
36. Additionally, defendants breached this duty when they failed to make the disclosures required by the Utah Medical Practice Act Rules whereby a licensed physician or surgeon engaging in "alternative medical practices" must give the patient written notice that the therapy is not in accordance with generally recognized standards of the profession, and that on the basis of current generally accepted medical evidence, the physician finds that the treatment or therapy presents no greater health risk than the prevailing generally recognized standard medical practice.
37. Before and after Ms. Adkins became critically ill, defendants negligently made false and misleading statements of material facts to induce Ms. Adkins to continue expensive, ineffective and dangerous therapies at Young Life Research Clinic. Plaintiff further alleges that the actions and conduct of the defendants was reckless, willful and wanton and therefore requests punitive damages herein.
38. As a direct result of the negligence, carelessness and malpractice of the defendants, plaintiff was permanently injured and as a result thereof suffered and continues to suffer severe and permanent injury, pain, suffering, mental anguish, embarrassment, loss of economic benefits, medical expenses, and other damages and losses.
SECOND CAUSE OF ACTION
(Strict Product Liability v. Young Life Research Clinic)
39. Plaintiff incorporates paragraphs 1 through 24 as if set forth in full herein.
40. Defendant Young Life Research Clinic designed, formulated, manufactured, handled, distributed and sold medical and herbal products, including chelating agents, high-dose Vitamin C, so-called "Meyer's Cocktail," hydrogen peroxide infusions and other compounds to be used by plaintiff in the normal course and scope of distribution.
41. The medical and herbal products were expected to and did reach plaintiff without any substantial change in the condition and were sold and administered to plaintiff by defendant Young Life Research Clinic.
42. At the time of the sale of the medical and herbal products to plaintiff, the products were in a defective condition and were unreasonably dangerous to the plaintiff.
43. As a direct result of the defective nature of the medical and herbal products designed, formulated, manufactured, handled, distributed and sold to plaintiff, plaintiff was permanently injured and as a result thereof suffered and continues to suffer severe and permanent personal injury, pain, suffering, mental anguish, embarrassment, loss of economic benefits, medical expenses, and other damages and losses. Plaintiff further alleges that the actions and conduct of the defendant in designing, formulating, manufacturing, handling, distributing and selling said medical and herbal products was reckless, willful and wanton and therefore requests punitive damages herein.
JURY DEMAND
Plaintiff hereby demands trial by jury of all issues presented herein.
WHEREFORE, and by reason of the foregoing, plaintiff prays for judgment for damages as follows:
- For special damages, including, but not limited to medical expenses both past and future, lost earnings, both past and future and other economic losses in amounts to be proven at trial.
- For general damages, including, but not limited to, pain, suffering and disability in an amount to be proven at trial.
- For punitive and exemplary damages against defendants in amounts to be proven at trial.
- For costs; and for such other and further relief as the Court may deem must and equitable.
Respectfully submitted,
J. Philip Davidson - Ks. Supreme Ct. No. 14642
HINKLE, ELKOURI LAW FIRM L.L.C.
2000 Epic Center
301 North Main
Wichita, Kansas 67202
(316) 267-2000
and
Alan W. Mortensen
DEWSNUP, KING & OLSON
2020 Beneficial Life Tower
36 South State Street
Salt Lake City, Utah 84111
(800) 404-8520
By__________________________
Alan W. Mortensen
Attorneys for Plaintiff Anne M. Adkins
This page was posted on March 27, 2005.