Suit filed in death of Worland teacher

WORLAND - A wrongful death lawsuit was filed against Banner Health, an emergency room doctor and a nurse at Washakie Medical Center in the Fifth Wyoming Judicial District Court in Worland Tuesday in connection with the death of a Worland man in July 2013.

Banner Health Public Relations Director Sara Quale said that Banner Health does not comment on pending litigation.

Washakie Medical Center CEO Jay Stallings could not be reached for comment.

Dr. Edward Zimmerman is named as a defendant in the suit filed by Stephanie Anderson of Worland through her attorney Christopher J. King of Worland. Also named as a defendant was Banner Health registered nurse Donna Clothier and Banner Health, the corporation. Zimmerman was the attending emergency room physician at that time.

The suit was filed in the alleged wrongful death of Kevin Anderson, who died during the morning hours of July 20. He was 44.

Anderson was a math teacher at Worland High School. His wife, Stephanie Anderson, teaches language arts at WHS.

"He was always willing to drop what he was doing to help somebody else. He was a strong family man with strong family values - and he loved his kids like crazy," his wife said Wednesday in an interview with the Northern Wyoming Daily News.

Worland High School Principal Kevin Smith spoke highly of Anderson.

"Kevin Anderson had a passion for kids and for his profession - that would probably be the best way I could put it. That is why he was so good at what he did. He was a respected colleague. He was driven to perfection ... he had all of the above. He had a vision a lot of us do not have in respect to how he wanted his kids to learn and how he wanted his kids to succeed in the classroom," Smith said in an interview Wednesday.

In 2013, Stephanie Anderson was named as Kevin Anderson's wrongful death representative in a separate district court motion.

The suit alleges that Zimmerman is responsible for Anderson's death because he caused him to overdose on hydromorphone, an opioid used for pain management.

Court documents do not designate a specific monetary amount sought by Mrs. Anderson, but do state that the amount will be determined in court.

According to the complaint, on the night of July 19, Kevin Anderson was transported by ambulance to the Washakie Medical Center emergency room in Worland after complaints of acute abdominal, back and groin pain.

The complaint alleges that from the time he arrived at the hospital to the time of his discharge, Anderson displayed a rapid, irregular heartbeat.

The complaint states that Zimmerman, who was the attending physician in the ER the night of July 19, 2013, diagnosed Anderson with a small, uncomplicated, two-millimeter kidney stone.

Among other medications, Anderson was administered hydromorphone on four different occasions.

Anderson was discharged at 2:30 a.m. (approximately 10 minutes after the last intravenous hydromorphone dose was administered) according to the complaint. Upon discharge, Anderson was so groggy that he was unable to stand under his own power, the complaint alleges.

Upon arrival at his home, Anderson required further assistance to make it to his bedroom. He told his wife that he was still extremely nauseous.

Stephanie Anderson found her husband dead, in the same position, four hours later.

The complaint alleges that Zimmerman breached his duty as a physician by releasing Anderson to an unmonitored setting and that he was not hooked up to the proper monitoring equipment. The complaint states that because Anderson had been given hydromorphone, he needed to receive increased vital sign checks.

"Zimmerman failed to monitor Anderson after he presented common adverse effects associated with opioid overdose which included dizziness, nausea and risk of falls," according to the complaint.

According to the complaint, Zimmerman failed to provide appropriate post-care instructions, including the risks and symptoms associated with opioid overdose.

"Our position is set forth in the pleadings that have been filed in the district court. We don't comment on pending litigation," said Christopher King, the plaintiff's attorney, when contacted Wednesday.

Clothier is named in the lawsuit as she failed to advocate for Anderson after he displayed symptoms consistent with opioid overdose and for allowing Zimmerman to discharge Anderson without his abnormal heart rhythm being addressed.

Defendants named in Wyoming have 20 days to answer the lawsuit with out-of-state defendants having 30 days to answer. Zimmerman is being represented by Cheyenne-based attorney George E. Powers Jr. Banner and Clothier are being represented by Denver-based attorney Michael McConnell.

Powers and McConnell could not be reached for comment.

"Defendant Banner Health owed a duty of care to Kevin Anderson which includes exercising reasonable care in supervising and reviewing the treatment of patients by its staff physicians," the complaint states.

The complaint states that Banner Health failed to uphold its duty of providing effective care to Anderson that other "reputable" hospitals provide patients. Banner had a duty to provide patients with medical staff who follow proper procedures and protocol to the administration of hydromorphone.

The complaint concludes, "Banner Health derives financial profit by holding itself out to the public as offering and rendering quality health service (...) Banner Health is vicariously liable for any and all negligence attributable to Edward Zimmerman in his treatment of Kevin Anderson. The negligent acts of Edward Zimmerman as alleged herein were the cause in fact of the death of Kevin Anderson."