COMES NOW Plaintiff, Rose XXXXXXXX, by and through her attorneys, and for her cause of action against Defendants states the following:


     1.     Plaintiff Rose XXXXXXXX is a resident of the State of Missouri.
    2.    Defendant James Douglas XXXXXXXX ("XXXXXXXX") is a physician residing and licensed in the State of Missouri and is also known as J. Douglas XXXXXXXX, M.D.
    3.    At all times relevant herein, defendant XXXXXXXX held himself out, and represented himself, to be a specialist in diagnostic radiology including services for pain management.
    4.    Defendant XXXXXXXX Imaging, LLC ("XXXXXXXX Imaging") is a Missouri limited liability company with its registered agent and principal place of business located in St. Louis County, Missouri.
    5.    At all times relevant herein, defendant XXXXXXXX was an employee and/or agent of Defendant XXXXXXXX Imaging, acting within the course and scope of said employment and/or agency.
    6.    Venue is proper in the Circuit Court of St Louis County in that the Plaintiff was first injured by the wrongful conduct and/or negligent acts of the defendants herein in St. Louis County, Missouri at Des Peres Hospital, 2345 Dougherty Ferry Road, St. Louis, MO 63122.


    7.    On or about January 13, 2006, Plaintiff Rose XXXXXXXX presented to Des Peres Hospital for a fluoroscopic guided left C7 selective nerve root block ("nerve root block").
    8. At that time and place, Defendant XXXXXXXX, in his professional capacity, had under his care, attended and treated Plaintiff Rose XXXXXXXX and performed or attempted to perform the nerve root block on the Plaintiff Rose XXXXXXXX.
    9.    At all relevant times herein, it was the duty of Defendant XXXXXXXX to use that degree of skill and learning ordinarily used under the same or similar circumstances by the members of defendant's profession in his care and treatment of the Plaintiff, Rose XXXXXXXX.
    10.    Defendant XXXXXXXX breached his duty owed to Plaintiff Rose XXXXXXXX and was thereby negligent in the following respects:
    (a)     Failed to adequately test dose;
    (b)    Injected depo medrol into a spinal artery;
    (c)    Caused a spinal artery or vessel to spasm;
    (d)    Injected an excessive dosage of depo medrol;
    (e)    Failed to follow ISIS standards and guidelines regarding needle position, fluoroscopy use, documentation, patient positioning, needle track, and dosage rate.
    (f)    Used a high particulate steroid;
    (g)    Negligently performed nerve root block;
    (h)    That inadequate informed consent was given to the patient.      
    11.    As a direct and proximate result of one or more of the acts or omissions of
Defendant XXXXXXXX as set forth herein, Plaintiff Rose XXXXXXXX: (a) has suffered injury to her spinal cord with neurological impairment resulting therefrom, including paralysis; and/or (b) has had pain and suffering the past and is reasonably certain to experience pain and suffering in the future; and/or (c) has had emotional pain and suffering and mental anguish in the past and is reasonably certain to experience similar emotional pain and suffering and mental anguish in the future due to her physical injuries; and/or (d) has expended large sums of money for necessary medical care, treatment, and services in the past and will be required to expend money for necessary medical care, treatment and services in the future; and/or (e) has lost income and earnings and earning potential in the past and is reasonably certain to lost income and earnings and earning potential in the future, all to the damage of Plaintiff, Rose XXXXXXXX.
   
      WHEREFORE, Plaintiff, Rose XXXXXXXX, prays that this Honorable Court enter judgment in her favor and against the Defendants James Douglas XXXXXXXX and XXXXXXXX Imaging, LLC, and each of them, in an amount which is fair and reasonable and sufficient to compensate the Plaintiff Rose XXXXXXXX for her injuries and damages alleged herein and which is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and for her costs incurred herein and for any such further relief as this Honorable Court deems just and proper.

    12.    Plaintiff hereby incorporates by reference the allegations of paragraphs 1 through 11 as if fully set forth herein.
    13.    Following the nerve root block procedure performed by Defendant XXXXXXXX, Plaintiff experienced paralysis of her extremities resulting from an injury to her spinal cord, brain, and nervous system.
    14.    The instrumentalities involved in the nerve root block procedure were under the Defendant XXXXXXXX's exclusive control, care and management and defendant XXXXXXXX possessed superior knowledge about the nerve root block procedure and the cause of the Plaintiff Rose XXXXXXXX' injuries.
    15.    The paralysis and adverse events suffered by the Plaintiff Rose XXXXXXXX immediately following the nerve root block procedure performed by defendant XXXXXXXX does not ordinarily exist absent negligence by the physician, Defendant XXXXXXXX.
    16.    That Defendant XXXXXXXX is thereby negligent and liable under the theory of res ipsa loquitur.
    17.    As a direct and proximate result of the aforesaid res ipsa loquitur  negligence of Defendant XXXXXXXX, Plaintiff Rose XXXXXXXX: (a) has suffered injury to her spinal cord with neurological impairment resulting therefrom, including paralysis; and/or (b) has had pain and suffering the past and is reasonably certain to experience pain and suffering in the future; and/or (c) has had emotional pain and suffering and mental anguish in the past and is reasonably certain to experience similar emotional pain and suffering and mental anguish in the future due to her physical injuries; and/or (d) has expended large sums of money for necessary medical care, treatment, and services in the past and will be required to expend money for necessary medical care, treatment and services in the future; and/or (e) has lost income and earnings and earning potential in the past and is reasonably certain to lost income and earnings and earning potential in the future, all to the damage of Plaintiff, Rose XXXXXXXX.
   
     WHEREFORE, Plaintiff, Rose XXXXXXXX, prays that this Honorable Court enter judgment in her favor and against the defendants James Douglas XXXXXXXX and XXXXXXXX Imaging, LLC, and each of them, in an amount which is fair and reasonable and sufficient to compensate the Plaintiff Rose XXXXXXXX for her injuries and damages alleged herein and which is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and for her costs incurred herein and for any such further relief as this Honorable Court deems just and proper.