COUR FILE NUMBER I COURT COURT OF BENCH OF ALBERTA JUDICIAL CENTRE CALGARY PLAINTIFFS GLORIA HERRARA, legal representative A THE CITY OF CALGARY EMERGENCY I kg? MEDICAL SERVICES and DAVID 5? .5 RENNY, OWEN JONES, SEMMENS and BEN POSTMA S3 OC ENT STATEMENT OF CLAIM of the Estate of JOHN FERNANDQ HERRARA GARCIA,'deceased, and 1- GLORIA HERRARA 5 ADDRESS FOR SERVICE AND O'Brien Devlin MacLeod CONTACT INFORMATION OF Barristers Solicitors PARTY FILING THIS Suite 1310, 530 8 Avenue S.W. DOCUMENT Calgary, AB T2P 3S8 Tel: (403) 265-5616 Fax: (403) .. :11 . Attention: Brian E. Devlrn, Q.C.. .1 i i NOTICE TO DEFENDANTS You are being sued. You are the defendants. Go to the end of this document to see what you can do and when you must do it. Statement of Facts Relied On: The parties: 1. The Plaintiff, Gloria Herrera, is the Admlnistratrix of the Estate of her husband, John Fernando Herrera Garcia, deceased (hereinafter the referred to as "the Plaintiff John Herrera) pursuant to letters of Administration ordered by Justice 8. J. Levecchio on July 10, 2013, and brings this action as the legal representative of the said Estate pursuant to the Alberta Rules of Court on behalf of the Estate, herself and the children of herself and the deceased. Page 2 2. The Defendants, David Renny, Owen Jones and Tyler Semmens are all individuals residing in the city of Calgary in the Province of Alberta and were working in the course of their employment as paramedics with the Defendant the City of Calgary Emergency Medical Services (hereinafter referred to as ?the 3. The Defendant Ben Postma is an emergency medical technician and was working at all times in the course of his employment in that regard with the said Defendant EMS. 4. The DefendantEMS is a service owned and operated by the City of Calgary which is a municipality incorporated pursuant to the Municipal Government Act, R.S..A. 2000, c. M-26, doing business in the City of Calgary, in the Province of Alberta, at all relevant times hereto. 5. On or about May 23, 2012, the Defendant EMS and the said individual Defendants were called to an incident at or about 10:54:48. 6. The said Defendants arrived on the scene at or about 11:00 o'clock and found the Plaintiff John Herrera who at that time had been assaulted and was lying in the roadway. 7. The Defendant David *Renny attempted to resuscitate the Plaintiff John Herrera but during the course of the attempted intubation placed the endotracheal tube into the esophagus of the said Plaintiff John Herrera as a result of which no air was entering his lungs. 8.. Alternatively, the other individual Defendants assisted in the aforesaid intubation attempt and failed to recognize that the endotracheal tube was into the esophagus and not advancing air into the Plaintiff John Herrera?s lungs. 9. As a direct result of this the Plaintiff John Herrera was unable to breath and received no oxygen for a signi?cant period of time, particulars of which are known to the Defendants and will be added to this Statement of Claim when the exact details are known to the Plaintiffs. 10. The Defendants took the Plaintiff John Herrera to the Foothills Medical Centre, in the City of Calgary, where he was treated by emergency physicians and surgical residents and at that time he was described as having pulseless electrical activity and was intubated by Dr. 8. Wild with a 7.5 endotracheal tube at or about 23:30 hours. As a result of the treatment at the Foothills Medical Centre the Plaintiff John Herrera was resuscitated to the extent that he was kept alive however passed away from anoxic brain injury ischemia and edema as a direct result of the aforesaid esophageal intubation. Page 3 The Details of the Injury: 11. All of the individual Defendants and the Defendant EMS undertook to and paramedic treatment to the Plaintiff John Herrera at all material ti duty of care to provide reasonably competent advic rovide treatment mes hereto and owed him a and treatment within the nature of their training at all material times hereto. 12. The Plaintiffs state that the death of the deceased John Herrera was caused or materially contributed to by the negligence of the Defendants, jointly and severally, particulars of which include but are not limited to the following: (3) (C) (9) Failing to follow proper protocol with respect to intuba?on; Failing to properly administer the intubation tube as well as the King tube which is a form of airway; Failing to properly administer the King tube and the intubation tube in such a way as to avoid placing the tubes into the esophagus rather than the trachea; Failing to take proper measurements and tests to determine if the tubes were in the correct position so that air would be entering the ainlvay as opposed to the esophagus; Failing to observe the tube going through the vocal cords to con?rm that the tube was in the airway; Failing to properly listen for air entry in both lungs and to see whether or not the stomach was being affected; Failing to properly use the CO2 Wave Form Monitor to determine if oxygen was entering the Plaintiff John Herrera?s lungs; Failing to properly measure the oxygenation of the Plaintiff John Herrera or to use other equipment available to them to determine if the Plaintiff was being properly oxygenated or alternatively, failing to have such equipment available in the ambulance; Such further and other particulars as may become known to the Plaintiffs prior to the trial of this action. Page 4 13. As a direct result of the aforesaid negligence of the Defendants, jointly and severally, the Plaintiff Gloria Herrera being wholly dependent upon the Plaintiff John Herrera has lost her means of support and has consequently suffered general damages and special damages, particulars of which include but are not limited to the following: Loss of past and future support in the amount of approximately $1 ,000,000.00; Loss of past and valuable household services in the amount of approximately $250,000.00; Special damages in an amount to be proven at the Trial of this action for funeral expenses and other expenses related to the death of the said Plaintiff Stewart Grant; (cl) Loss of care, guidance and companionship of her husband. The Legislation Relied Upon: In addition to the aforesaid damages suffered by the Plaintiff, Gloria Herrera, the aforesaid children of the deceased, being Laura Herrera, David Herrera, Luis Herrera, Aluna Herrera and Ayelen Herrera, have suffered damages pursuant to The Fatal Accidents Act R.S.A. 2000 c. F- 8 as amended, and special damages, particulars of which include but are not limited to the following: As Regards to the Plaintiff, Gloria Herrera: a) Bereavement pursuant to the said Act in the approximate amount of $75,000.00; b) Damages for loss of care, guidance and companionship of her husband; c) Such further and other particulars as may be proven at the Trial of this action. As Rgards to the Said Children: a) Bereavement pursuant to the said Act in the approximate amount of $45,000.00 per child; b) Damages for loss of care, guidance and companionship of their father, A page 0) Loss of past and future support in the amount of approximately $250,000.00 each; d) Loss of past and future valuable household services in the approximate amount of $250,000.00 each; e) Such further and other particulars as may be proven at the Trial of this action. 14. As a further result of the death of the deceased, the Estate of the deceased has incurred losses including but not limited to the following: a) Expenses of the funeral and disposal of the body of the deceased, including all things supplied and services rendered in connection with the funeral and disposal, particulars of which will be provided at the Trial of this action. 15. The Plaintiffs rely upon the Municipal Government Act, R.S.A 2000, c. M-26, Judgment Interest Act, R.S.A. 2000, c. J-1, The Fatal Accidents Act, R.S.A 2000 c. F-8 as amended, and all related amendments and regulations. The Trial Venue Proposed: 34. The Plaintiffs propose that trial of this action take place at the Courthouse in the City of Calgary, in the Province of Alberta and state that this trial will not take more than 25 days. Remedy Sough t: WHEREFORE THE PLAINTIFF, GLORIA HERRERA, CLAIMS AS ADMINISTRATRIX OF THE ESTATE OF THE DECEASED AND ON BEHALF OF THE FOLLOWING FAMILY MEMBERS AGAINST THE DEFENDANTS, JOINTLY AND SEVERALLY: As Regards to the Plaintiff Gloria Herrera: General damages for bereavement and loss of care, guidance and companionship of her husband pursuant to the Fatal Accidents Act, supra, in the amount of $75,000.00; General Damages for loss of valuable service, including household services in the amount of $250,000.00, or such amount as may be proven at the trial of this action; id) (9) (T) (9) Page 6 Special damages for any grief counseling or funeral expenses related to death of the deceased; General damages for future loss of support of $1 ,000,000..00 or in such amounts to be determined by this Honourable Court; Interest calculated from the 23"? day of May, 2012, to judgment, pursuant to the Judgment Interest Act, R.S.A. 1980 c. and amendments thereto; Interest on any judgment granted herein from the date of judgment to the date of payment thereof; Costs of the within action and; Such further and other relief as this Honourable Court may deem meet and just As Regards to the Children, Laura Herrera, David Herrera, Luis Herrera, Aluna Herrera and Ayelen Herrera: (8) (D) (C) (6) (fl) (9) Bereavement pursuant to the said Act in the amount of $45,000.00 each; Damages for loss of care, guidance and companionship of their father in an amount to be determined by this Honourable Court; Loss of past and future support in the amount of approximately $250,000.00 for each child; Loss of past and valuable household services in the approximate amount of $250,000.00; Interest calculated from the day of April, 2010, to judgment, pursuant to the Judgment Interest Act, R.S.A. 1980 c. J-0.5 and amendments thereto; interest on any judgment granted herein from the date of judgment to the date of payment thereof; Costs of the within action and; Such further and other relief as this Honourable Court may deem meet and just. Page 7 As Regards to the Estate of John Herrera: Funeral expenses in the amount of $10,000.00; lnterest calculated from the 23'? day of May, 2012, to judgment. t? the Judgment Interest Act, R.S.A. 1980 c. J-0.5 and amendmenm thereto; Interest on any judgment granted herein from me date of judgment to the date of payment thereof; Costs of the within action and; Such further and other relief as this Honourable Court may deem meet and just. NOTICE TO THE DEFENDANTS You only have a short time to do something to defend yourself against this claim: 20 days if you are served in Alberta 1 month if you are served outside Alberta but in Canada 2 months if you are served outside Canada. You can respond by ?ling a statement of defence or a demand for no?ce in me office of the clerk of the Court of Queen?s Bench at Calgary, Alberta, AND serving your statement of defence or a demand for notice on the plaintiffs address for service. WARNING If you do not ?le and serve a statement of defence or a demand for no?ce within your ?me period, you risk losing the law suit automatically. If you do not ?le. or do not serve, or are late in doing either of these things, a court may give a judgment to the plaintiffs against you.