Case 56

Court Document #6

This lawsuit was filed in Sedgwick County District Court in Wichita, Kansas on August 20, 2007 against ten doctors, two hospitals and a medical insurance company. The matter involves fraud, negligence/ malpractice toward our C.E.O. for more than seven years, and the eventual wrongful death of her husband, Mark Heffington in March, 2006. We wish to apologize for mistakenly naming Dr. Kris Goodnight in this lawsuit. As the only ‘Dr. Goodnight’ listed in the Wichita phone book, we assumed this person to be the doctor assisting in our C.E.O.’s surgery in December, 2006 when her body parts were removed unnecessarily. We were advised by letter on September 19, 2007 that Dr. Kris Goodnight was a woman, and later learned that the unlisted name of the doctor we were intending to sue was Dr. Travis Goodnight. In trying to locate him, however, neither Via Christi-St. Francis hospital nor the K.U. School of Medicine knew of his whereabouts. We were told that he had finished his residency in Wichita, and was practicing somewhere in Arkansas. An internet search turned up nothing, and we wonder why a practicing doctor would not have a directory listing…

IN THE EIGHTEENTH JUDICIAL DISTRICT
DISTRICT COURT, SEDGWICK COUNTY, KANSAS
CIVIL DEPARTMENT

PETITION

COMES NOW the plaintiff, Joan Heffington, individually pro se, and on behalf of Mark W.Heffington (deceased), and files her petition against the defendants as follows:

A.  PARTIES 

1. Plaintiff Joan Heffington, is an individual representing herself pro se with residence located at 7145 Blueberry Lane, Derby, Kansas 67037. Plaintiff Joan Heffington also files this suit on behalf of her deceased husband, Mark W. Heffington. Joan Heffington is hereinafter referred to as “Joan Heffington,” “Mrs. Heffington,” or “plaintiff.” Mark Heffington is hereinafter referred to as “Mark Heffington,” “Mr. Heffington,” or “plaintiff.”

2. Defendant, Catherine Mitchell, D.O., is a physician with principle offices located at 606 Mulberry Drive, Derby, Kansas 67037. Catherine Mitchell, D.O., may be served at her principle place of business located at Tanglewood Family Medical, P.A., 606 Mulberry Drive, Derby, Kansas 67037. Defendant, Catherine Mitchell, is hereinafter referred to as “Dr. Catherine Mitchell” and/or “Dr. Mitchell.”

3. Defendant, Roger Thomas, D.O., is a physician with principle offices located at 606 Mulberry Drive, Derby, Kansas 67037. Roger Thomas, D. O., may be served at his principle place of business located at Tanglewood Family Medical, P.A., 606 Mulberry Drive, Derby, Kansas. Roger Thomas, M. D., is hereinafter referred to as “Dr. Roger Thomas ” and/or “Dr. R. Thomas.”

4. Defendant, Tanglewood Family Medical, P.A., is a Kansas professional association comprised of doctors, health care workers and administrators engaged in providing health care for patients with principle offices located at 606 Mulberry Drive, Derby, Kansas 67037. Tanglewood Family Medical, P.A., may be served by and through its resident agent, Dr. Roger Thomas, at his principle place of business located at 606 Mulberry Drive, Derby, Kansas. Defendant, Tanglewood Family Medical, P.A. is hereinafter referred to as “Tanglewood Medical,”“Tanglewood,” or “Dr. Mitchell’s office.”

5. Defendant, Charles W. Beck, M. D., is a physician with principle offices located at 1515 S. Clifton, Suite 201,Wichita, Kansas 67211. Charles W. Beck, M. D. may be served at his principle place of business located at 1515 S. Clifton, Suite 201,Wichita Kansas 67211. Defendant, Charles W. Beck, M.D., is hereinafter referred to as “Dr. Charles Beck” and/or “Dr. Beck.”

6. Defendant, Wichita Clinic, P.A., is a Kansas professional association comprised of doctors, health care workers and administrators engaged in providing health care for patients with principle offices located at 3311 E. Murdock, Wichita, Kansas 67208. Wichita Clinic, P.A., may be served by and through its resident agent, Harvey Sorensen, located at 1551 Waterfront Parkway, Suite 100, Wichita, Kansas 67206. Defendant, Wichita Clinic, P.A., is hereinafter referred to as “Wichita Clinic, P.A.” and “Wichita Clinic.”

7. Defendant, Michael Wilson, M. D., is a physician with principle offices located the Wichita Clinic, P. A., 612 N. Andover Road, Andover, Kansas 67002. Michael Wilson, M. D., may be served at his principle place of business located at the Wichita Clinic, P. A., 612 N. Andover Road, Andover, Kansas 67002. Michael Wilson, M. D., is hereinafter referred to as “Dr. Michael Wilson” and/or “Dr. Wilson.”

8. Defendant, C. Wilson Wesbrook, M. D., is a physician with principle offices located at Wichita Clinic, P. A., 3311 E. Murdock, Wichita, Kansas 67208. C. Wilson Wesbrook, M. D., may be served at his principle place of business located at Wichita Clinic, P. A., 3311 E. Murdock, Wichita, Kansas 67208. Defendant, C. Wilson Wesbrook, M. D., is hereinafter referred to as “Dr. Wesbrook.”

9. Defendant, Wassim Shaheen, M. D., is a physician with principle offices located at 551 N. Hillside, Suite 410, Wichita, Kansas 67214. Wassim Shaheen, M. D., may be served at his principle place of business located at Heartland Cardiology, 551 N. Hillside, Suite 410, Wichita, Kansas 67214. Defendant, Wassim Shaheen, M. D., is hereinafter referred to as “Dr. Wassim Shaheen” and/or “Dr. Shaheen.”

10. Defendant, Justin Reed, M. D., is a physician with principle offices located at 551 N. Hillside, Suite 550, Wichita, Kansas 67214. Justin Reed, M. D., may be served at his principle place of business located at Wichita Surgical Specialists, P. A., 551 N. Hillside, Suite 550, Wichita, Kansas 67214. Defendant, Justin Reed, M. D., is hereinafter referred to as “Dr. Justin Reed” and/or “Dr. Reed.”

11. Defendant, Michael G. Porter, M. D., is a physician with principle offices located at 551 N. Hillside, Suite 550, Wichita, Kansas 67214. Michael Porter, M. D., may be served at his principle place of business located at Wichita Surgical Specialists, P. A., 551 N. Hillside, Suite 550,Wichita, Kansas 67214. Defendant, Michael Porter, M. D., is hereinafter referred to as “Dr. Michael” and “Dr. Porter.”

12. Defendant, Kris Goodnight, M. D., is a physician with principle offices located at West Wichita Family Physicians, P. A., 8200 W. Central Ave., Suite 1, Wichita, Kansas 67212. Kris Goodnight, M. D., may be served at his principle place of business located at West Wichita Family Physicians, P. A., 8200 W. Central Ave., Suite 1,Wichita, Kansas 67212. Defendant, Kris Goodnight, M. D., is hereinafter referred to as “Dr. Kris Goodnight” and/or “Dr. Goodnight.”

13. Defendant, Kansas Medical Mutual Insurance Company, or KaMMCO, is a medical insurance company with principle offices located at 623 W. 10th, Suite 200, Topeka, Kansas 66612. Kansas Medical Mutual Insurance Company, or KaMMCO, may be served by and through their counsel, Kathryn Wahlberg, at their principle place of business located at 623 W. 10th, Suite 200, Topeka Kansas 66612. Kansas Medical Mutual Insurance Company, or KaMMCO, is also served through the Kansas Insurance Department, 420 SW 9th St., Topeka, Kansas 66612-1678. Defendant, Kansas Medical Mutual Insurance Company, or KaMMCO, is hereinafter referred to as “KaMMCO.”

14. Plaintiff Joan Heffington is an individual residing at 7145 Blueberry Lane, Derby, Kansas, with residence located in Sedgwick County in the state of Kansas.

15. Joan Heffington brings this suit individually, and on behalf of her husband, Mark W. Heffington, who died of a sudden massive heart attack on March 23, 2006.

16. Joan Heffington is the sole provider for three of her children, ages 19, 13 and 12, who still live at home.

17. The only income received by Mrs. Heffington is for the care of her two youngest children under Social Security.

18. Mrs. Heffington is C.E.O. of the Association for Honest Attorneys, a non-profit organization she founded in April, 2003 that tries to discourage litigation, improve the legal system and seek justice for all. This organization is a result of a lawsuit filed by Mrs. Heffington in 2001 which she took all the way to the United States Supreme Court pro se, because the defendants influenced 60 attorneys not to represent her.

19. Catherine Mitchell, D. O., is a licensed physician engaged in providing health care for patients at Tanglewood Family Medical, P. A., in Derby, Kansas. Dr. Mitchell was the primary care physician for Mrs. Heffington and her children from approximately 1992 until October, 2005.

20. Roger Thomas, D. O.., is a licensed physician engaged in providing health care for patientsat Tanglewood Family Medical, P. A., in Derby, Kansas. Dr. R. Thomas was the primary care physicianfor Mrs. Heffington’s husband, Mark, from approximately 1992 until five months before his death.

21. Tanglewood Family Medical, P. A., is a licensed health care facility which is located in the city of Derby in Sedgwick County, Kansas. Dr. Mitchell and Dr. R. Thomas are practicing physicians at Tanglewood Medical.

22. Mr. and Mrs. Heffington and their children were patients under the care of doctors at Tanglewood Medical Center from approximately 1992 until October, 2005.

23. Charles W. Beck, M. D., is a licensed physician engaged in providing cardiac health care for patients at 1515 S. Clifton in Wichita, Kansas. Dr. Mitchell referred Mrs. Heffington to Dr. Beck in approximately July, 2005 for a consultation in regard to her heart problems.

24. The Wichita Clinic, P. A., is a licensed health care facility engaged in providing health care for patients. Mrs. Heffington and her two youngest children were patients of the Wichita Clinic under the care of their doctors from October, 2005 until approximately August, 2006.

25. Michael Wilson, M. D., is a licensed physician engaged in providing health care for patients at the Wichita Clinic. Mrs. Heffington sought out Dr. Wilson as a primary care physician when she realized Dr. Mitchell was neglecting her care. Mrs. Heffington and her two youngest children were patients of Dr. Wilson from October, 2005 until approximately August, 2006.

26. Dr. Wilson was listed as the primary care physician for Mark Heffington from October, 2005,until his death on March 23, 2006. However, Mr. Heffington was never personally treated by Dr. Wilson during this five-month period.

27. C. W. Wesbrook, is a licensed physician engaged in providing gynecological health care for women at the Wichita Clinic. Dr. Wilson referred Mrs. Heffington to Dr. Wesbrook for continued bleeding after he poked her during a routine pap smear on or about December 15, 2005.

28. Wassim Shaheen is a licensed physician engaged in providing cardiology health care for patients at the Wichita Clinic. Dr. Wilson referred Mrs. Heffington to Dr. Shaheen for a stress test on or about November 10, 2005.

29. Dr. Justin Reed is a licensed physician and surgeon engaged in providing colon health care for patients at Wichita Surgical Specialists. Dr. Joseph Sack, Mrs. Heffington’s primary care physician from approximately August, 2006 until December 2006, referred her to Dr. Justin Reed for possible colon surgery.

30. Dr. Michael Porter is a licensed physician and surgeon engaged in providing colon health care for patients at Wichita Surgical Specialists. Dr. Michael Porter assisted Dr. Justin Reed in performing surgery on Mrs. Heffington on December 12, 2006, although she has never seen or spoken to him to date.

31. Dr. Kris Goodnight is a resident physician at Via Christi St. Francis Hospital who assisted Dr. Justin Reed and Dr. Michael Porter in performing surgery on Mrs. Heffington on December 12, 2006. It was unknown to Mrs. Heffington until minutes before her operation that Dr. Goodnight was assisting in her surgery.

32. Kansas Medical Mutual Insurance Company, or KaMMCO, is a medical insurance company
comprised of representatives who assist in providing insurance for physicians and medical personnel. KaMMCO is the insurance company for all or most of the defendants in this matter.

C. FACTS PERTAINING TO THE CASE

33. On or about September 9, 1997, Mrs. Heffington began suffering abdominal pain and had to leave work about 10:00 a.m. Dr. Mitchell prescribed Loritab for her, but the pain persisted.

34. On or about September 9, 1997, Mrs. Heffington went back to see Dr. Mitchell about 4:00 p.m. with more severe pain, and was hyperventilating. Dr. Mitchell consulted a gastroenterologist over the phone and told her that it was just gas. She wanted to send Mrs. Heffington home with an enema.

35. Mrs. Heffington insisted that the pain was excrutiating, similar to being in labor. Dr. Mitchell finally agreed to let her go to the emergency room at St. Joseph Hospital in Wichita. Mr. Heffington drove her there at approximately 5:30 p.m. that evening.

36. A nurse friend stayed with Mrs. Heffington from approximately 7:00 p.m. until about 10:00 p.m. Dr. Mitchell had failed to follow up with anyone at the hospital after she sent Mrs. Heffington there, and Dr. Bruce Thomas, a hospital physician, just happened upon her.

37. Dr. Bruce Thomas noticed Mrs. Heffington’s extreme suffering and performed an emergency colonoscopy until 1:00 am. He was trying to untangle the volvulus without surgery but was unsuccessful.

38. On or about September 10, 1997, the hospital took X-rays and discovered that Mrs. Heffington had a cecal volvulus, in which the intestine had wrapped around the colon and was strangulating it.

39. Approximately one hour later, Dr. Bruce Thomas performed emergency surgery on Mrs. Heffington. Upon cutting her open, one of Mrs. Heffington’s body parts came flying out and had to be manually put back in its place.

40. In a follow-up appointment, Dr. Mitchell told Mrs. Heffington that she’d had the volvulus since she was a little child and it just took 40 years to surface.

41. On or about October 1, 1997, Mrs. Heffington went to see Dr. Bruce Thomas for her follow-up appointment after surgery. Dr. Thomas disagreed with Dr. Mitchell’s opinion, and told her that a lot of older people get volvuluses. He said they weren’t sure what causes them, but that 30% of people die from them, and she was really lucky.

42. In early 2000, Mrs. Heffington had gone to Dr. Mitchell in regard to a sore below her right eyebrow that would not heal. Dr. Mitchell told her it was just a minor skin cancer, and she used a medical device to suck it out.

43. A few months later, the sore came back, and Mrs. Heffington went back to see Dr. Mitchell. This time, she and a colleague, Dr. Patton, tried burning the sore out with the use of other medical equipment. Mrs. Heffington hoped that this was the end of it.

44. In May, 2000, Mrs. Heffington was involved in pending litigation (she was later forced to file suit pro se in Case No. 01C0771), and was extremely distressed by the actions of her attorney. At the same time, her mother was dying of lung cancer.

45. In several visits to Dr. Mitchell between May 2000 and later, Mrs. Heffington told Dr. Mitchell about the stress of her pending litigation which was causing her marital problems and her business to go under. Dr. Mitchell suggested an anti-depressant; however, Mrs. Heffington declined.

46. Mrs. Heffington’s mother died on May 23, 2000, and several weeks later, the sore above her eye was back again. Dr. Mitchell finally agreed that Mrs. Heffington could see a skin specialist .

47. The Heffingtons had insurance with Preferred Plus of Kansas, which was the insurance company for Boeing in Wichita, Mark Heffington’s place of employment. Under their plan, the Heffington’s primary care physician had to refer them to any specialists, or their visits would not be covered by insurance.

48. On July 31, 2000, Mrs. Heffington went to see Dr. John Robicheaux, a skin specialist, in Wichita. His nurse told Mrs. Heffington that they could not take a biopsy, since Dr. Mitchell had only authorized a consultation, and not a treatment.

49. Mrs. Heffington phoned Tanglewood Medical and demanded that Dr. Robicheaux be allowed to treat her. Dr. Mitchell’s office reluctantly agreed.

50. Dr. Robicheaux performed a biopsy on July 31, 2000, and told Mrs. Heffington that removal of her skin cancer was a common procedure. It was Tuesday, and he told her he would remove the sore in his office on Thursday (two days later).

51. The next day, Dr. Robicheaux’s office called Mrs. Heffington, and sounded very distressed. They told her that Dr. Robicheaux could not perform the surgery, that her skin cancer was so severe it required Mohs surgery to be performed in Kansas City as soon as possible.

52. In early August, 2000, Mr. and Mrs. Heffington traveled to Kansas City where Mohs surgery was performed for a sclerosing basal cell carcinoma above Mrs. Heffington’s right eye. The surgery was successful, though Dr. Robicheaux later advised that she would probably have more skin cancers and should be checked annually.

53. Dr. Mitchell commented to Mrs. Heffington on several occasions afterward that the sore above her eye (turning out to be malignant cancer) “was the weirdest thing.”

54. It was during 2000 that Mrs. Heffington began experiencing frequent digestive problems which she felt were a result of her 1997 volvulus surgery. She complained on several occasions to Dr. Mitchell, who told her, “There’s nothing we can do. You just have to live with it.”

55. Also, in 2000, Mrs. Heffington contracted neurodermatitis, which she thought for a long time was acne. The sores developed on her legs, head and torso, and she couldn’t stop itching them.

56. Dr. Robicheaux told her there wasn’t much they could do for neurodermatitis, since they didn’t know what caused it or how to treat it.

57. In October, 2000, Mr. and Mrs. Heffington were near to bankruptcy and divorce over their pending litigation, due to the actions of their attorney. Mrs. Heffington fired him in early November, 2000.

58. From March, 2001 until December, 2001, Mrs. Heffington was trying to find a lawyer, learning how to be a lawyer and representing herself in her own lawsuit. She attended approximately 20 hearings in this six-month period, causing her severe bodily harm which was unbeknownst to her at the time.

59. March, 2001 and later, Mrs. Heffington told Dr. Mitchell that she was having to represent herself in a lawsuit against six corporate attorneys and defendants. She told her how the defendants had influenced every attorney she went to so that no one would represent her.

60. Mrs. Heffington complained to Dr. Mitchell of neck and back pain, chest pain and severe stress. Dr. Mitchell had prescribed a medication for Mrs. Heffington to calm her nerves whenever she had to go into court.

61. Mrs. Heffington asked Dr. Mitchell if she would document her illnesses in a letter for the court. On September 12, 2001, Dr. Mitchell wrote a letter for Mrs. Heffington in this regard.

62. On October 15, 2001, Mrs. Heffington stayed up all night to finish a court brief, and then had to depose two people the next day. She suffered an acute anxiety attack in which her body went limp, she couldn’t hold up her head, and her arms and hands went numb.

63. At about 2:00 p.m. that day, Mr. Heffington took Mrs. Heffington to the emergency room at St. Joseph Hospital. She insisted they had to stop at the courthouse to timely file the court brief she had been working on, or she might lose the case she had been fighting to save her business.

64. At the courthouse, Mr. Heffington had to physically hold Mrs. Heffington up so she could walk. Her anxiety attack was witnessed by an employee who thought she was having a nervous breakdown, and by the civil court presiding judge in her case who was on the elevator.

65. On October 15-16, 2001, Mrs. Heffington spent 19 hours recovering in bed. Even though Dr. Mitchell’s office had been contacted for approval to go to the emergency room in the middle of the day, Dr. Mitchell never followed up on her care.

66. Dr. Mitchell never followed up on any of Mrs. Heffington’s health problems.

67. In December, 2001, Mrs. Heffington’s lawsuit was dismissed, and she appealed it in February, 2002.

68. On or about February 28, 2002, Mrs. Heffington was experiencing problems with her eyes. In addition to redness and bagging, they were burning and watering.

69. She thought she had pinkeye, and Dr. Patton, a colleague of Dr. Mitchell’s at Tanglewood Family Medical, prescribed pinkeye medicine for her.

70. On or about February 28, 2002, Mrs. Heffington applied the medicine, and then began driving her son to an appointment in Wichita. Her eyes hurt so badly that she had to pull off the road to avoid a car accident. She called Dr. Patton, but he insisted her problems couldn’t be related to the pinkeye medicine he had given her.

71. Mrs. Heffington stopped using the pinkeye medicine, and on or about March 6, 2002, went to visit an opthamologist, Dr. Richard Grene. He told her that her eyes were so sick, she could not have the Lasik surgery she had always wanted.

72. Dr. Grene told Mrs. Heffington that she had contact dermatitis, eye ulcers, and dry eye. He scolded her for letting a general physician treat her eyes (Dr. Patton), and told her that the pinkeye medicine was “like putting gasoline on a fire.” It had caused her to have an eye ulcer, further damaging her eyes.

73. In March-April, 2002, Mrs. Heffington continued to go to other eye doctors and back to Dr. Grene, hoping they would tell her that her eyes had gotten better so she could have Lasik surgery. One doctor stated that her contact dermatitis had been brought on by stress, and told her she could no longer wear contacts. Doctors refused to perform Lasik surgery on Mrs. Heffington because her eyes were “too sick.”

74. On April 4, 2002, Dr. Mitchell wrote a second letter to Mrs. Heffington for court purposes that the emotional stress of her litigation causing her panic attack, chest pains and headaches were a result of the stress from her litigation. 75. In December, 2003, Mrs. Heffington was with her family at DisneyWorld when she experienced a severe volvulus or bowel obstruction. She felt her body shutting down and she almost blacked out.

76. Mrs. Heffington’s sister had been a nurse for over 25 years, and told her she probably needed a colonoscopy. She urged Mrs. Heffington not to let Dr. Mitchell’s office perform a colonoscopy, that a specialist was needed for such a procedure.

75. In early March, 2004, Mrs. Heffington argued over the phone with Dr. Mitchell to allow her to go see Dr. Estephan Zayat, a gastroenterologist. Dr. Mitchell finally agreed, but only for a consultation and not for a treatment or colonoscopy.

76. At this time, Mrs. Heffington was still unaware that Dr. Mitchell’s insurance would go up if she referred her to a specialist for a treatment, but not for a consult.

77. Mrs. Heffington went to see Dr. Zayat, in approximately March, 2004. A barium enema was performed on her at St. Joseph hospital, and the doctors there told Mrs. Heffington that her colon appeared stretched out. The told her the only thing she could really do was to have surgery to cut some off.

78. Dr. Zayat put Mrs. Heffington on a special diet; however, she became incontinent after three days. Mrs. Heffington wrote a letter to him after experiencing these results

79. Dr. Zayat told Mrs. Heffington that if she ever had the feeling again (that her bowels were blocked), she should immediately go to an emergency room or she could die.

80. Mrs. Heffington was distraught that there seemed to be no hope for her colon problems. She was experiencing such bad gas that Mr. Heffington would comment: “Smells like someone died.”

81. Mr. Heffington was increasingly depressed over Mrs. Heffington’s health problems.

82. Mrs. Heffington had complained to Dr. Mitchell that she felt like her body had aged 20 years from being forced to handle her own lawsuit. At the age of 48, her stomach had become enlarged, her back so broad that her clothes no longer fit, and numerous age spots had appeared on her arms, hands and legs.

83. In late January, 2005, Mrs. Heffington had also been experiencing chest pains, shortness of breath and fatigue. Dr. Mitchell agreed to give her a stress test, and told her these were performed at Tanglewood Medical by Lysle Price, P.A., a physician’s assistant.

84. Mrs. Heffington had never had a stress test, and was unaware at this time as to how they were

performed. On or about February 1, 2005, Tanglewood Medical performed a stress test on Mrs. Heffington.

85. P.A. Price left Mrs. Heffington on the treadmill for about four minutes. He checked her blood pressure three times during the procedure, and Mrs. Heffington noticed that he seemed afraid, as if she was going to drop in her tracks. The treadmill had been slightly elevated when he told her to stop, that she passed (the test) and just needed more exercise. P.A. Price then dashed out of the room.

86. Dr. Mitchell never followed up with Mrs. Heffington to give her the results of her stress test. But she trusted in Dr. Mitchell and Tanglewood Medical that her heart was okay.

87. In early February, 2005, Mrs. Heffington experienced an acute anxiety attack after attending a church service. A doctor there thought she was having a stroke and called an ambulance to take her to the hospital.

88. Mr. Heffington was greatly distressed when he came to the emergency room to pick up Mrs. Heffington. Neither Dr. Mitchell nor Tanglewood Medical called to follow up on Mrs. Heffington’s care.

89. Mrs. Heffington was also experiencing more problems with osteoarthritis in her hips, hands and left knee. She could no longer run as a form of exercise.

90. Mrs. Heffington later complained to Dr. Mitchell that she and her husband were having sexual difficulty due to her health problems. She also complained of serious fatigue, and nearly fell asleep driving on several occasions. Dr. Mitchell offered nothing to help her.

91. On or about July 18, 2005, Mrs. Heffington saw Dr. Mitchell and told her she was having extreme fatigue and shortness of breath. The defendants in her litigation had been persecuting her son with false charges, and Dr. Mitchell commented that she couldn’t believe the amount of stress that Mrs. Heffington had been through.

92. Mrs. Heffington told Dr. Mitchell that the pastor at Mrs. Heffington’s church had preached recently about his own heart trouble, stating that the only true way to tell if a person had artery blockage was an angiogram (heart catheterization). Mrs. Heffington told Dr. Mitchell that she wanted to have one done.

93. Dr. Mitchell insisted that Mrs. Heffington didn’t need an angiogram. Mrs. Heffington wanted a referral to her pastor’s heart doctor, but Dr. Mitchell told her that she was referring her to Dr. Beck but only for a consult, not a treatment. She told her that Dr. Beck was her father’s doctor and she had known him for 20 years.

94. Dr. Mitchell told Mrs. Heffington that “even if everything stopped right now, you would be two years in recovery.” She said she would schedule an appointment with a cardiologist and would call her, but she never did.

95. Mrs. Heffington called Tanglewood Medical in late July to see when her appointment was scheduled for a stress test, and they told her it was August 25, 2005.

96. In early August, 2005, Mrs. Heffington went to Tanglewood Medical for neck and back pain. Dr. Mitchell was out, so Dr. Patton saw her and agreed to take X-rays and adjust Mrs. Heffington.

97. A short time late, Dr. Patton called Mrs. Heffington out to look at her X-rays, telling her that her neck was severely damaged. Just prior to performing an adjustment, Mrs. Heffington told him that these could not be her X-rays, because no one had taken them yet.

98. Mrs. Heffington then noticed an elderly man sitting in a wheelchair in the hallway, and assumed the X-rays must be his. Dr. Patton then told Mrs. Heffington to “hold on” while he went out of the room. As the door shut, Mrs. Heffington heard the nurse burst out laughing.

99. Dr. Patton then took X-rays of Mrs. Heffington which revealed a bone spur in her neck.

100. On August 21, 2005, Mrs. Heffington read an article in Parade magazine entitled, “Should You Have a Stress Test?” (EXHIBIT A attached.). From this, she learned how an accurate stress test is performed, and realized that Dr. Mitchell and Tanglewood Medical had performed a fraudulent stress on her in February.

101. On or about August 22, 2005, Mrs. Heffington randomly called cardiologist’s offices to see how a stress test was performed. Dr. Beck’s office told her that a 50-year old woman who exercises should be able to go 10-12 minutes, easy” on the treadmill, and that “incline was the key.”

102. On August 25, 2005, Mrs. Heffington went to see Dr. Beck for her second stress test. After examining her, Dr. Beck told her he was going to do a stress test and an echocardiogram.

103. Mrs. Heffington questioned this, since Dr. Mitchell had authorized him to consult and not treat. He told her they were going to do one anyway, as if they would get around this issue.

104. The nurses took Mrs. Heffington’s blood pressure, then she began walking flat on the treadmill. As they began to elevate the treadmill, Mrs. Heffington heard Dr. Beck say as he stuck his head in the door behind her: “Don’t put her on an incline. I guess she had some difficulty with that before.”

105. Mrs. Heffington walked flat for 11 minutes on the treadmill, during and after which her blood pressure was never taken again. She then laid down to rest and during the echocardiogram, Dr. Beck discovered she had mitrol valve prolapse.

106. Dr. Beck told her she passed the stress test, and sent a letter to Dr. Mitchell falsely stating that she was an “anxious woman.” He would not authorize an angiogram, or heart catheterization, which Mrs. Heffington wanted.

107. On or about August 26, 2005, Mrs. Heffington randomly called a cardiologist’s office to see if her stress-echo test had been performed correctly. She asked them for what reason would they not check someone’s blood pressure during a stress test. She stated, “They should ALWAYS do a blood pressure check (every three minutes) during a stress test.”

108. On or about August 26, 2005, it became clear to Mrs. Heffington that Dr. Beck was also involved in the schemed plan to cause her emotional distress and bodily harm, since he had intentionally falsified the stress test he had given her under the direction of Dr. Mitchell.

109. Mrs. Heffington confronted Dr. Mitchell in an appointment on October 25, 2005 about the inaccurate stress tests that Tanglewood Medical and Dr. Beck had performed. She asked for an angiogram and Dr. Mitchell refused to refer her.

110. Dr. Mitchell then told her that her insurance was up to $800 a month, and that “people want a lot of things, but they just can’t have everything they want.” She then told Mrs. Heffington she could find another doctor if she wasn’t satisfied,

111. On or about October 25, 2005, it became apparent to Mrs. Heffington that Dr. Mitchell was in cahoots with the defendants in her 2001 litigation. She finally realized that she was a participant in their “schemed plan” had become part of the conspiracy to cause Mrs. Heffington extreme emotional distress and/or death in order to prevent her from filing any more lawsuits and/or telling any more truths in her A.H.A! newsletter.

112. In late October, 2005, a friend told Mrs. Heffington about Dr. Michael Wilson. Dr. Wilson confirmed Mrs. Heffington’s suspicions regarding how insurance companies work. He told her that he would refer her, but only to specialists who practiced at Wichita Clinic.

113. Mrs. Heffington transferred her records and those of her family over to Dr. Wilson’s office, and advised her insurance company that he was the new primary care physician for herself, Mr. Heffington, and their two youngest sons.

114. On November 13, 2005, on a referral from Dr. Wilson, Dr. Shaheen performed a third stress test on Mrs. Heffington at the Wichita Clinic. She discovered after obtaining a copy of the test results later that he had falsified his report, stating that she “denied any… shortness of breath” and “The patient tolerated the procedure well with no complications.”

115. Mrs. Heffington had experienced pain in her forearms during the test, and had become so fatigued and disoriented afterward that she had to be helped to a table to lie down.

116. She told Dr. Shaheen that sometimes she nearly fell asleep driving short distances, and she had to tell her children to keep her awake. He still insisted she passed the stress test just fine, and didn’t need an angiogram.

117. On or about December 13, 2005, Mrs. Heffington had another volvulus after eating, and was taken to the emergency room by Mr. Heffington. She felt like her insides were trying to push out of her, and tests showed that her cervix was dilated to six centimeters.

118. A catscan also revealed several kidney stones, one of which was 7 millimeters in size.

119. Mrs. Heffington recovered from this volvulus, and Dr. Wilson began running tests on her to determine the cause of her colon problems. On or about December 15, 2005, he performed a routine pap smear and accidently poked her, causing her to cry out in pain.

120. Mrs. Heffington began to bleed heavily, and passed two huge blood clots. She continued to bleed vaginally for 18 days in December, 2005.

121. Dr. Wilson ordered a sonogram at the Wichita Clinic on or about December 20, 2005, but it could not be performed. Mrs. Heffington was told to drink six glasses of water which should have been down in her stomach within 30 minutes. She drank 11 glasses of water, but the water would not flow down, and the sonogram had to be rescheduled.

122. Mrs. Heffington bled another 23 days in January, 2006, and Dr. Wilson referred her to Dr. Wesbrook, a Wichita Clinic gynecologist. He examined her on or about January 18, 2006, and prescribed progesterone pills for 10 days. He told her it would stop the bleeding, and if didn’t, they might have to prescribe it again.

123. Mrs. Heffington waited to take the progesterone, because she had a feeling she shouldn’t take it, and because she had a colonoscopy scheduled for January 30, 2006 at the Wichita Clinic.

124. On or about January 30, 2006, a Wichita Clinic gastroenterologist performed a colonoscopy on Mrs. Heffington. A cancerous polyp was removed, and he told her she should be checked every five years.

125. In early February, 2006, Mrs. Heffington experienced more osteoarthritis in her hands, and was finding it difficult to write checks at the grocery store. Dr. Wilson told her to try glucosamine and this helped.

126. On February 12, 2006, Mrs. Heffington experienced another anxiety attack in church. She was having shortness of breath and dizziness. She engaged in prayer and “talk therapy” to cause her attack to subside.

127. After taking the progesterone pills from February 1-10, 2006, Mrs. Heffington began to bleed so profusely three days later that she thought she was hemorrhaging. She called Dr. Wesbrook’s office and they told her if she needed a transfusion, to go ahead and go into the E.R. if she needed one.

128. Mrs. Heffington was greatly distressed that she had already been bleeding and medication given to her by Dr. Wesbrook was making her bleed more. She cancelled a future appointment she had with him.

129. In February, 2006, Mrs. Heffington had been experiencing severe osteoarthritis in her left knee and hands. Dr. Wilson refused to take an X-ray of her hands, but took an X-ray of both knees, and told her they looked fine.

131. From December 13, 2005 until he died on March 23, 2006, Mr. Heffington suffered continued mental anguish over the deterioration in Mrs. Heffington’s health. Her colon problems and now her

bleeding were preventing them from becoming intimate during this time.

132. When Mrs. Heffington later told her kidney stone doctor, Dr. Gilbau, that Dr. Wesbrook put her on progesterone after she had been continuously bleeding, he commented: “Hmmm… wonder why he did that?”

133. Mrs. Heffington finally stopped bleeding in late February, 2006, but it was too late. On the morning of March 23, 2006, Mark Heffington suffered a sudden massive heart attack and died.

135. The Heffington family was driving on their way to visit relatives in Minnesota. Mr. Heffington had not exhibited any prior symptoms of heart trouble until that morning when he woke up nauseas.

136. They had taken the Andover exit in Wichita to try and reach Dr. Wilson’s office as he was opening up. Dr. Wilson had not yet treated Mr. Heffington for any illnesses, nor had he ever met him.

137. They never made it to Dr. Wilson’s office, as Mrs. Heffington had to pull over so Mr. Heffington could throw up. Mr. Heffington died in his son’s lap while Mrs. Heffington was flagging down a police officer for help.

138. Mrs. Heffington and her children suffered emotional distress and mental anguish over Mr. Heffington’s sudden and unexpected death. On March 30, 2006, Mrs. Heffington experienced further chest pain and revisited the Wichita Clinic for treatment.

139. The youngest boys, ages 11 and 12, were distraught and began acting out after Mr. Heffington died. Neighbors became fearful, and wouldn’t let their children play with them.

140. The Heffington’s youngest son experienced severe grief, and had numerous nightmares. Mrs. Heffington took the boys on a train trip to Santa Fe to help relieve his suffering.

141. In April, 2006, Mrs. Heffington requested a copy of Mr. Heffington’s medical records which showed the results of a complete physical exam that Dr. R. Thomas had given him on May 19, 2003.

142. The results revealed that Dr. R. Thomas should have put Mr. Heffington on some kind of medication at that time and failed to do so. Instead, he told Mr. Heffington to avoid fried and fatty foods, and to come back in a year for another physical.

143. Mr. Heffington had been trying not to eat fried or fatty foods from May, 2003 until his death.

144. The records also showed that on March 5, 2004, Mr. Heffington saw Dr. R. Thomas for a fractured rib he suffered while playing golf. It had been ten months since his last visit, and Dr. R. Thomas failed to give Mr. Heffington another physical at this time, or even remind him that he needed to schedule one in the next two months.

145. Dr. R. Thomas and Tanglewood Family Medical failed in their standard of care by never following up on Mr. Heffington’s care, and by failing to give him necessary medication to sustain his life.

146. As a result of the negligent care by Dr. R. Thomas and Tanglewood Family Medical, Mr.Heffington died an early death at age 50, causing Mrs. Heffington and her children the loss of his companionship.

147. There was longevity on both sides of Mr. Heffington’s family, and if proper care had been given, Mr. Heffington would still be alive today.

148. On August 1, 2006, Mrs. Heffington began to bleed again, vaginally. The bleeding stopped 31 days later, on August 31, 2006, after she asked her church for prayer.

149. In August, 2006, a lawyer had told Mrs. Heffington that she could file a claim for the wrongful death of Mr. Heffington, and didn’t need to go through litigation. On or about August 23, 2006, Mrs. Heffington wrote a letter to Dr. R. Thomas’s insurance company, KaMMCO, in this regard.

150. In September, 2006, Mrs. Heffington again complained to Dr. Wilson that her colon problems were worse. He seemed very distant as she complained again of constant gas/digestion problems. She told him she felt surgery was needed to remove part of her colon, since nothing else was helping.

151. During this visit, Dr. Wilson prescribed a medication for Mrs. Heffington and told her to take it for six weeks, then come back and see him.

152. On September 11, 2006, Mrs. Heffington’s vaginal bleeding started up again. This time, she bled or 53 days straight.

153. On or about September 20, 2006, when Mrs. Heffington went to pick up the medicine prescribed by Dr. Wilson, the pharmacy told her that it was an anti-depressant (Nortriptyline). She didn’t fill the prescription, and later found out it was a strong psychotropic medication.

154. Mrs. Heffington became untrusting of Dr. Wilson, and decided it was time to find another family physician. She thought she could trust her pastor’s doctor, Dr. Joseph Sack, since he was her pastor’s doctor and sat near her in church every Sunday.

155. In early October, 2006, Mrs. Heffington visited Dr. Sack and told him of her health problems. After bleeding the entire month of August, she started bleeding again on September 11, 2006 and it was continuing. She asked Dr. Sack if he would approve any specialist she wanted to go to, and he agreed.

156. A friend had told Mrs. Heffington about Dr. Gilbau, and she went to see him in early October, 2006. During their conversation, he told her that KaMMCO never settles any cases, “they always take everything all the way to trial.”

157. Dr. Gilbau performed a kidney stone lithotripsy in mid October, 2006, to dissolve Mrs. Heffington’s 7 millimeter kidney stone, and it was successful.

158. In October, 2006, Mrs. Heffington also saw her former gynecologist, Dr. Feuille, for her vaginal bleeding. In late mid-October, he performed a dilation and curvettage and this finally stopped her continued bleeding of 51 days.

159. She had also been to see Dr. Reed for her colon problems, but he felt she just had irritable bowel syndrome and didn’t need surgery. Mrs. Heffington commented to Dr. Feuille that he seemed uncomfortable about doing surgery on her, like he thought she might sue him.

160. Dr. Feuille worked across the hall from Dr. Reed and indicated that he would talk with him about it. At her next appointment in November, 2006, Dr. Reed told Mrs. Heffington he would perform surgery to remove part of her colon, and that Dr. Porter would assist. Mrs. Heffington was in tears at the thought of finally finding a doctor to perform the colon surgery she had needed for more than five years.

161. On or about November 16, 2006, she told Dr. Reed in a phone conversation (and later wrote a note to him) that she wanted to make sure and say a prayer in the operating room before they did the surgery. He told her that he found out that removing part of her colon could keep her from having any more volvuluses.

162. In mid November, 2006, a representative of KaMMCO called Mrs. Heffington to tell her that they intended to settle the wrongful death claim of Mark Heffington. They told her they had weighed the costs of litigation verses paying the claim, and had decided to settle.

163. Mrs. Heffington was relieved and excited, and she dropped by her lawyer friend’s office on or about December 6, 2006 to tell him the good news. She wasn’t sure how to calculate damages and he told her

how, and loaned her a book to help her with this.

164. Also on or about December 6, 2006, the hospital called Mrs. Heffington to obtain information from her prior to her upcoming colon surgery. Mrs. Heffington mentioned her acute anxiety attacks, and the woman asked if her doctor had given her any medicine for this. She said no, and the woman replied: “Wouldn’t want your doctor.”

165. On December 11, 2006, Mrs. Heffington went to Via Christi-St. Francis Hospital in Wichita for her colon surgery. She filled out forms around 6:30 a.m. and was then prepped for surgery.

166. A doctor came into the prep room and introduced himself as Dr. Goodnight. He told Mrs. Heffington he was also assisting in the surgery, and laughed and joked with her. Mrs. Heffington was being sedated when she was then told to sign a form allowing the removal and disposal of body parts.

166. As part of their plan to cause emotional distress and bodily harm to Mrs. Heffington, this form was not fully explained to her by anyone. She was told to circle “none” and trustingly signed it. She then reminded Dr. Goodnight to make sure she got to say a prayer before they started surgery.

167. Mrs. Heffington was wheeled into surgery, saw no one around her, and then blacked out. It was the defendants’ plan was to intentionally knock her out before she could say a prayer.

168. When Mrs. Heffington woke up, she found out that Dr. Reed, Dr. Porter and Dr. Goodnight had failed to remove part of her colon as planned. Instead, they had removed her cecum and appendix.

169. Mrs. Heffington was outraged and confronted Dr. Reed on or about December 13, 2006. He had no good reason for removing her cecum and appendix. When asked why he took out her appendix, he told her “because it was there.” Mrs. Heffington demanded that he finish the operation and remove part of her colon, but he refused.

170. Dr. Reed had given hospital orders that Mrs. Heffington could start eating solid food one day after her surgery. On or about December 13, 2006, she had a bowel obstruction after eating eggs and toast. The nurse told her to just walk around the floor.

171. Mrs. Heffington later noticed the surgeons had put four holes in her stomach, instead of three. For ten days after her surgery, she felt like her body parts had been scrambled up and were resettling. She wondered if this had been Dr. Goodnight’s job during her surgery.

172. During her hospital stay, Mrs. Heffington was told by a nurse that many hospital employees are hired on contract, so it is evident that any of them could be easily influenced, if needed.

173. Mrs. Heffington suffered emotional distress after her surgery, and went back into the hospital on or about December 22, 2006 with chest pain. She had an elevated D-dimer and remained overnight for observation; however, the doctors could not determine the cause.

174. On or about December 27, 2006, Mrs. Heffington traveled to the Mayo Clinic in Rochester, Minnesota to have complete and unbiased testing done outside of Kansas.

175. On December 28, 2006, the Mayo Clinic performed a series of tests on Mrs. Heffington which cost over $9,500. She charged them on her charge card, which was later paid for by the A.H.A!.

176. A doctor at the Mayo Clinic told Mrs. Heffington that removal of part of her colon was called a right hemi-colectomy, which was the first time she had ever heard the term. He told her this could have easily been done during her December 12 surgery, and that she just needed to “find someone to do it, and do it right.”

177. The Mayo Clinic doctor agreed with Mrs. Heffington that her December 12 surgery was causing her to now have intermittent bowel obstructions that she didn’t have before. They also told her that her chest pain on December 22, 2006 was the result of osteoarthritis surrounding her heart.

178. Mrs. Heffington experienced severe anxiety, emotional distress and bodily harm as a result of her December 12, 2006 surgery. Her waistline had increased four inches and whenever she ate anything, her stomach expanded to 38 inches.

179. Mrs. Heffington experienced severe discomfort, and intermittent bowel obstructions that caused her to be bedridden. Her stomach remained severely distended, and she couldn’t dress in a normal manner.

180. On or about January 8, 2007, Mrs. Heffington went to her follow-up appointment with Dr. Reed and chewed him out. He called her that night, claiming to be a Christian and feeling guilty, and she hung up.

181. Mrs. Heffington knew her insurance was about to run out, and from January-March, 2007, she searched several states for a surgeon to perform her needed colon surgery before her insurance ran out.

182. In early March, 2007, Mrs. Heffington changed primary care physicians again, to a neighbor’s sister whom she felt she could trust. She authorized Mrs. Heffington to have her colon surgery performed by an area Wichita doctor that she knew well.

183. On or about March 12, 2007, Mrs. Heffington finally received the right hemi-colectomy colon surgery she had been needing for so long. However, the defendants got wind of this, and drugs were mixed in her I.V. bag to cause her bodily harm and/or death.

184. On the evening of March 12, 2007 after experiencing drugged-out symptoms and nurses ignoring her pleas, Mrs. Heffington unplugged her I.V. She immediately felt relief, and let her I.V. drip into a bed pan all night so the nurses wouldn’t see.

185. She told a new nurse the next morning to just put regular saline solution in her I.V. bag, and she did. However, the nursing staff refused to give her any water or ice chips during her three-day stay.

186. Mrs. Heffington began feeling better and lost four inches off of her waist in two months. She is back to wearing regular clothing, though still watches what she eats.

187. In late May, 2007, an office assistant for the A.H.A! was admitted to the hospital for a bleeding ulcer. A mix-up of drugs occurred in her I.V. bag as well, and she would have died if a hospital doctor hadn’t noticed and immediately taken her off of them.

188. Mrs. Heffingtond deemed these acts to be outrageous, and contacted Senator Brownback’s office for assistance. He refused to meet with her, and she then contacted Senator Barack Obama’s office.

189. A legislative aid for Senator Obama met with Mrs. Heffington in Washington, D.C. on July 25, 2007, and she informed them of some of the defendants’ outrageous acts in this matter.

190. On August 8, 2007, Senator Obama’s legislative aid called Mrs. Heffington and told her they wanted to try and help her. She asked, “Wasn’t there anyone in Kansas who would help you?” Mrs. Heffington answered, “No one.”

191. In early August, 2007, Mrs. Heffington read a newspaper article in which a surgeon from California was arrested for mixing up drugs given to a comatose patient to hasten his death so that he could harvest his organs for transplantations.

192. The defendants, represented by KaMMCO, colluded and conspired to defraud Mrs. Heffington into believing they were going to settle and pay on the wrongful death claim of her husband, Mark Heffington. They did so until early February, 2005, when they thought the two-year statute of limitations had passed for her to file suit on her other negligence claims. Confident that the statute had passed, KaMMCO sent Mrs. Heffington a certified letter on March 9, 2007, refusing to pay on her claims.

193. On or about February 1, 2005, is when Dr. Mitchell’s office had given Mrs. Heffington a stress test, and KaMMCO thought the statute of limitations began to toll from this date.

194. Mrs. Heffington sent them a letter shortly thereafter, telling them the two-year statute of limitations applied for fraud in this case, and not negligence/medical malpractice. She thought the article she had read was in early July, 2005, and she asked KaMMCO to settle this matter prior to June 30 or she would have no choice but to file suit.

195. From March-June, 2007, KaMMCO denied their statements that they had agreed to pay on the wrongful death claim for Mr. Heffington, and acted in bad faith to try and settle this matter. It was apparent to Mrs. Heffington that they could not be trusted, since she could tell they were only asking for documents to try and build a case against her claims.

196. KaMMCo failed in their efforts to settle this matter by acting in bad faith prior to June 30, 2007. It was on or about this date that Mrs. Heffington did extensive research and located the Parade article she had read. It was dated August 21, 2005 (see EXHIBIT A).

197. She then realized she had until August 21, 2007 to file this suit, because she didn’t realize the stress test given by Tanglewood Medical on February 1, 2005 was incomplete and inaccurate until August 21, 2005 when she read EXHIBIT A. It then dawned on Mrs. Heffington that Dr. Mitchell and Tanglewood Medical had been negligent in her care for years.

198. Mrs. Heffington is within the two-year statute of limitations for filing this suit, since fraud claims accrue from the day she knew that fraud occurred (in this case, August 21, 2005 when she read EXHIBIT A.)

199. It wasn’t until August 21, 2005 when she read this article that Mrs. Heffington realized that Dr. Mitchell and Tanglewood Medical had been intentionally neglecting her care. Somewhere along the line, the defendants and/or opposing lawyers in her previous litigation (Case No. 01C0771) had influenced Dr. Mitchell and Tanglewood Medical not to give her proper care, hoping she would die.

200. The defendants had full knowledge that Mrs. Heffington had previously been forced to handle her own litigation in 2001, which had caused her severe health problems. They didn’t care, and only sought to put her through more by refusing to settle this matter from February-July, 2007.

201. The defendants and opposing lawyers in her previous litigation engaged in continuous ongoing retaliation toward Mrs. Heffington because she filed an appeal of Case No. 01C0771 in February, 2002. They had devised a schemed plan to cause her intentional emotional distress, bodily harm and/or death to get her to stop her quest for justice. Through phone calls, meetings and other communications, they influenced the defendants in this matter to neglect Mrs. Heffington’s care, because she continued to fight the system.

202. Through phone calls, meetings and other communications, the defendants in this matter engaged in a plan to neglect Mrs. Heffington’s care because she continued to fight the system. When their efforts failed, then they devised a plan to cause her emotional distress and/or death by intentionally botching up her surgery on December 12, 2006 (Dr. Reed, Dr. Porter and Dr. Goodnight), and then causing a mix-up of drugs in her I.V. bag after her corrective surgery on March 12, 2007.

203. Dr. Mitchell, Dr. R. Thomas, Tanglewood Family Medical also engaged in the negligent care of Mrs. Heffington by not referring her for treatments to specialists because they didn’t want their insurance to go up. Dr. Beck assisted in this effort by performing a stress test/echocardiogram on Mrs. Heffington without prior approval from Dr. Mitchell.

204. Mrs. Heffington had trusted Dr. Mitchell, Dr. R. Thomas and Tanglewood Medical that they were providing the standard of care required of physicians, and following the Hippocratic Oath. She had been under their care for over 13 years and was unaware of their negligence as primary care physicians, because she had no one else to compare them to during this time.

205. Since Dr. R. Thomas and Tanglewood Medical had rarely ever followed up on her and her family’s health care, it wasn’t until after Mr. Heffington died that Mrs. Heffington realized they had also been negligent in his care.

206. Ultimately, all of the defendants participated in a schemed plan to neglect Mrs. Heffington’s care, cause her severe emotional distress, bodily harm and/or death, because they wanted her to stop her A.H.A! activities and the circulation of its quarterly newsletter which told the truth about lawyers and doctors.

207. Plaintiff is without legal counsel in this matter, and continues to be denied due process of law. Therefore, the doctrine of special circumstances applies concerning plaintiffs’ lack of legal representation and effective assistance of counsel should be appointed by this court.

208. Plaintiff has demanded that defendants take action to make plaintiff whole for her losses. Defendants have refused plaintiffs’ demands.

209. Joan Heffington has filed this petition individually, and on behalf of her husband, Mark W. Heffington (deceased). She continues to be, unlawfully persecuted and/or unjustly treated by the legal system in Kansas, its employees, representatives and state actors.

Defendants, Catherine Mitchell, D.O., Roger Thomas, D.O., Tanglewood Family Medical, P.A., Charles Beck, M.D., Wichita Clinic, P.A., Michael Wilson, M.D., C. Wilson Wesbrook, M.D.,Wassim Shaheen, M.D., Justin Reed, M.D., Michael Porter, M.D., Kris Goodnight, M.D. and Kansas Medical Mutual Insurance Company (KaMMCO) violated numerous city, county, state and national laws, statutes, ordinances and regulations, including but not limited to: civil conspiracy/collusion, fraud by commission, fraud by omission, misrepresentation/concealment, intentional fraud, negligence/medical malpractice, detrimental reliance, wrongful death, outrageous conduct causing severe emotional distress/wrongful death (tort of outrage), and outrageous conduct causing emotional distress/wrongful death to third persons – immediate family. This matter is res ipsa loquitor, and the doctrine of special circumstances applies. Plaintiffs believe that the United States District Court for the District of Kansas has jurisdiction in this matter.

The overt acts of fraud in this matter which were engaged in by the defendants involved developing a plan to cause Mrs. Heffington and her family severe emotional distress and/or death, and include, but are not limited to: telephone calls, meetings, verbal and written communications, and mental processes. Additional overt acts of fraud include, but are not limited to: preparing false test results, refusing to refer plaintiff to specialists for treatment, conducting inaccurate stress tests, giving false medical opinions, not following up on the plaintiffs’ care, prescribing drugs for plaintiff to cause her further illness and/or death, pretending to desire settlement and then refusing to settle this matter, knowing that plaintiff could not acquire representation by an attorney to help her.

In an effort to support the Paperwork Reduction Act, plaintiffs allege each of the following claims separately against each of the defendants as designated. In addition, plaintiffs contend that each of the following fraud-related claims are already stated with particularity as to the times and dates of occurences in paragraphs 1-207, and are therefore not repeated again under the claims below.

210. Plaintiffs incorporate by reference paragraphs 1 through 209 of this Petition.

211. The above defendants’ conduct in agreeing to participate in the schemed plan to conspire and collude to cause Mrs. Heffington severe emotional distress, bodily harm and/or death constitutes civil conspiracy/collusion.

212. The conduct of the above named defendants in agreeing with defendants/lawyers and/or others involved in her previous litigation to participate in a plan to cause severe emotional distress, bodily harm and/or death to plaintiffs constitutes civil conspiracy/collusion.

213. The conduct of the above named defendants in agreeing with their insurance companies, including KaMMCO, to cause severe emotional distress, bodily harm and/or death to Mrs. Heffington by refusing to settle this matter so she would again have to file suit pro se constitutes civil conspiracy/collusion.

214. The defendants’ participation in a plan to cause Mrs. Heffington severe emotional distress, bodily harm and/or death was with full knowledge that such acts, and failures to act, were substantially certain to result in injury and detriment to the plaintiffs and their family.

215. By participating in the schemed plan, the defendants acted with the intent of committing civil conspiracy and collusion, having full knowledge that such acts, or failures to act, would result in injury to the plaintiffs. The resulting injury was serious and substantial.

216. The conduct of the defendants constitutes civil conspiracy/collusion.

217. As a result of the above named defendants’ civil conspiracy/collusion, plaintiffs have been damaged in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request a judgment of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining the defendants from continuing their harm; and (v) any other relief deemed just and equitable by the court.

2. Fraud By Commission
(All Defendants Except Dr. R. Thomas)

218. Plaintiffs incorporate by reference paragraphs 1 through 217 of this Petition.

219. The above defendants’ conduct in participation of the schemed plan constitutes a knowing misrepresentation of the truth and concealment of material facts to induce plaintiffs to act to their detriment.

220. The overt acts of fraud engaged in by the defendants include, but are not limited to: telephone calls, meetings, verbal and written communications, and mental processes, and the additional overt acts listed under Section D – Law and Analysis above.

221. At all relevant times, the defendants’ participation in the schemed plan to cause plaintiffs severe emotional distress, bodily harm and/or death, was willful, and with full knowledge that such conduct was substantially certain to result in injury and detriment to the plaintiffs.

222. The defendants’ conduct constitutes fraud by commission.

223. As a result of the defendants’ fraud by commission, plaintiffs have been damaged in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request a judgment of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining the defendants from continuing their harm; and (v) any other relief deemed just and equitable by the court.

3.   Fraud By Omission
(All Defendants)

224. Plaintiffs incorporate by reference paragraphs 1 through 223 of this Petition.

225. The failure of all defendants except KaMMCO to provide proper referrals and treatment, follow up and provide sufficient health care for the plaintiffs in an effort to cause them severe emotional distress, bodily harm and/or death constitutes fraud by omission.

226. The failure of defendants Dr. Mitchell, Dr. Thomas, Dr. Beck, Dr. Wilson, Dr. Wesbrook, Dr. Shaheen, Dr. Reed, Dr. Porter, and Dr. Goodnight to follow the Hippocratic Oath and give plaintiffs the proper standard of care required of doctors in the medical profession constitutes fraud by omission. The care of these doctors was insufficient and substantially misrepresentative.

227. The failure of all of the defendants to give plaintiffs the proper standard of care required in the medical profession constitutes fraud by omission. The care of the defendants was insufficient and substantially misrepresentative.

228. The defendants had a duty to provide sufficient and proper health care to the plaintiffs.

229. The defendants failed in their duty to the plaintiffs.

230. As a result of the act of fraud by omission by all of the above defendants, plaintiffs have been damaged in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request a judgment of the court against Lusk/Huckleberry/Mr. Lusk awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining the defendants from continuing their harm; and (v) any other relief deemed just and equitable by the court.

4.   Misrepresentation/Concealment
(All Defendants Except Dr. R. Thomas)

231. Plaintiffs incorporate by reference paragraphs 1 through 230 of this Petition.

232. The defendants’ participation in the schemed plan to cause Mrs. Heffington severe emotional distress, bodily harm and/or death constitutes a knowing misrepresentation of the truth and concealment of material facts to induce plaintiffs to act to their detriment.

233. The actions of defendants Dr. Mitchell, Dr. Beck, Tanglewood Medical, to conceal Mrs. Heffington’s heart and colon problems by failing to refer her to specialists, conducting false stress tests, prescribing incorrect medications, constitutes misrepresentation/concealment.

234. The actions of defendants Dr. Wilson, Wichita Clinic, Dr. Wesbrook to conceal Mrs. Heffington’s colon problems by performing medical procedures incorrectly (pap smear), conducting false stress tests, and prescribing incorrect medications, constitutes misrepresentation/concealment.

235. The actions of defendants Dr. Shaheen and Wichita Clinic to conceal Mrs. Heffington’s heart problems by falsifying her stress test constitutes misrepresentation/concealment.

236. The actions of defendants Dr. Reed, Dr. Porter and Dr. Goodnight to conceal the form requiring removal of body parts from Mrs. Heffington until minutes before she went into surgery and was undergoing sedation on December 12, 2006 constitutes misrepresentation/concealment.

237. The actions of defendant KaMMCO to inform Mrs. Heffington that the defendants were going to pay on the wrongful death claim of Mark Heffington and then deny their statements and refuse, constitutes misrepresentation/concealment.

238. At all relevant times, the plaintiffs wee without knowledge or means of knowing the related aspects of her medical procedures, prescriptions and surgeries, but were trusting and relying on the defendants’ knowledge to improve their health and keep them from dying.

239. At all relevant times, the plaintiffs believed and relied that the defendants were acting in good faith, and believed they were being told the truth about their health problems.

240. At all relevant times, Mrs. Heffington believed and relied that defendant KaMMCO was acting in good faith, and believed they she was being told the truth that the defendants were willing to settle.

241. At all relevant times, the plaintiffs were unaware of the defendants’ participation in the schemed plan to cause them emotional distress, bodily harm and/or death as they acted with willful rendering of imperfect performance in their respective positions.

242. The above named defendants participation in the schemed plan to cause them emotional distress, bodily harm and/or death was with the intent and full knowledge that their conduct was substantially certain to result in injury, death and detriment to the plaintiffs.

243. By participating in the schemed plan to cause them emotional distress, bodily harm and/or death, the conduct of the above named defendants constitutes conspiracy to cause harm to the plaintiffs.

244. As a result of the defendants’ conspiratorial acts, plaintiffs have been damaged in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs: (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; (iv) injunctive relief enjoining the defendants from continuing their harm; and (v) any other relief deemed just and equitable by the court.

5.   Intentional Fraud
(Defendants Dr. Reed, Dr. Porter and Dr. Goodnight)

245. Plaintiffs incorporate by reference paragraphs 1 through 244 of this Petition.

246. At all relevant times, the defendants recognized that their fraudulent overt acts (including, but not limited to, telephone calls, communications, meetings and “mental processes”) concerning these matters would result in mental anguish and severe detriment to the plaintiffs and their families.

247. The defendants’ conduct was to inflict emotional distress by abusing their power.

248. The conduct of all defendants constitutes intentional fraud.

249. As a result of all of the defendants’ intentional fraud, plaintiffs have been damaged in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request judgments of the court against all defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney’s fees, for this action; and (iv) any other relief deemed just and equitable by the court.

6.   Negligence/Medical Malpractice
        (All Defendants Except KaMMCO)

250. Plaintiffs incorporate by reference paragraphs 1 through 249 of this Petition.

251. The failure of the defendants to provide sufficient and proper health care for the plaintiffs as previously noted in Sections B and C of this document constitutes negligence/medical malpractice.

252. The failure of defendants Dr. Mitchell, Dr. Thomas, Dr. Beck, Dr. Wilson, Dr. Wesbrook, Dr. Shaheen, Dr. Reed, Dr. Porter, and Dr. Goodnight to follow the Hippocratic Oath and give plaintiffs the proper standard of care required of physicians in the medical profession as previously noted in Sections B and C constitutes negligence/medical malpractice.

253. As a result of the negligence/medical malpractice of the above named defendants, plaintiffs have been damaged in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request a judgment of the court against the defendants awarding to plaintiffs (i) damages in excess of $75,000.00; (ii) pre- and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; and (iv) any other relief deemed just and equitable by the court.

7. Detrimental Reliance
(All Defendants Except KaMMCO)

254. Plaintiffs incorporate by reference paragraphs 1 through 253 of this Petition.

255. In seeking the health care of the above defendants, plaintiffs relied upon the representations of the defendants that they were competent and accomplished doctors and medical facilities with considerable experience and knowledge as noted in Sections B and C.

256. Plaintiffs relied in good faith upon representations made by the defendants in Sections B and C.

257. Plaintiffs were justified in their reliance.

258. Plaintiffs relied to their detriment and as a result suffered damages in excess of $75,000.00.

8.   Wrongful Death
(All Defendants Except Dr. Reed, Dr. Porter, Dr. Goodnight and KaMMCO)

259. Plaintiffs incorporate by reference paragraphs 1 through 258 of this Petition.

260. The failure of Dr. R. Thomas to prescribe heart medicine for Mr. Heffington on May 19, 2003 and to give him a second physical, and to remind him to come in for one two months later when he saw him on March 4, 2004 constitutes wrongful death.

261. The failure of the above named defendants to provide proper and sufficient health care to Mrs. Heffington caused Mr. Heffington severe emotional distress and bodily harm, which contributed to his sudden massive heart attack. constitutes wrongful death.

262. Dr. R. Thomas and the above named defendants had a duty and failed to provide the necessary standard of care for Mr. and Mrs. Heffington.

263. The defendants participated in the schemed plan to cause severe emotional distress to Mrs. Heffington , knowing full well that their acts and failures to act could result in severe bodily harm and/or death. Even those who were doctors did this with willful and wanton disregard for human life.

264. The above named defendants acted to cover up the truth and conceal material facts involving the colon and heart problems Mrs. Heffington was suffering.

265. At all relevant times, the above named defendants participation in the schemed plan was willful and wanton, and with full knowledge that such conduct was substantially certain to result in injury and/or death to Mr. and Mrs. Heffington.

266. At all relevant times, the above named defendants participation in this plan was willful and wanton, and with full knowledge that such conduct was substantially certain to result in emotional distress and detriment to Mr. and Mrs. Heffington.

267. The conduct of the above named defendants constitutes the wrongful death of Mark Heffington.

268. As a result of Mr. Heffington’s wrongful death, plaintiff has suffered damages in excess of $75,000.00.

WHEREFORE, plaintiffs respectfully request judgments of the court against the above named defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre-and post-judgment interest; (iii) costs, including reasonable attorney fees, for this action; and (iv) any other relief deemed just and equitable by the court.

9. Outrageous Conduct Causing Severe Emotional Distress/Wrongful Death
(TORT OF OUTRAGE – All Defendants Except Dr. R. Thomas and KaMMCO)

269. Plaintiffs incorporate by reference paragraphs 1 through 268 of this Complaint.

270. The conduct of all of the defendants in participating in a plan to neglect Mrs. Heffington’s health care to cause her severe emotional distress, bodily harm and/or death was extreme and outrageous.

271. The defendants Dr. Mitchell andTanglewood Medical’s conduct in participating in a plan to cause Mrs. Heffington severe emotional distress and bodily harm by refusing to refer her to specialists for treatment, by falsifying her stress test and providing other negligent care so that Dr. Mitchell’s insurance rates would not go up was extreme and outrageous.

272. The defendants Dr. Mitchell, Tanglewood Medical, and Dr. Beck’s conduct in participating in a plan to cause Mrs. Heffington intentional emotional distress and bodily harm by refusing to refer her to specialists for treatment and by falsifying her stress tests and providing other negligent care so that she would die was extreme and outrageous.

273. Dr. Beck’s conduct in participating in a plan to cause Mrs. Heffington intentional emotional distress and bodily harm by refusing to refer her to specialists for treatment and by falsifying her stress tests and providing other negligent care so that she would die was extreme and outrageous.

274. The defendants Dr. Wilson, Wichita Clinic, P.A., Dr. Wesbrook and Dr. Shaheen’s conduct in participating in a plan to cause Mrs. Heffington severe emotional distress, bodily harm and/or death by falsifying her stress tests, prescribing incorrect medication, causing her to bleed and providing other negligent care so that she would die was extreme and outrageous.

275. The defendants Dr. Reed, Dr. Porter and Dr. Goodnight’s conduct in participating in a plan to cause Mrs. Heffington intentional emotional distress, bodily harm and/or death by telling her in November, 2006 that they were going to remove part of her colon, then on December 12, 2006, performing surgery to take out her cecum and appendix instead, was extreme and outrageous.

276. The defendants Dr. Reed, Dr. Porter and Dr. Goodnight’s conduct in performing surgery to fraudulently remove Mrs. Heffington’s cecum and appendix to cause her intentional emotional distress, bodily harm and/or eventual death was extreme and outrageous.

277. The defendants Dr. Reed, Dr. Porter and Dr. Goodnight’s conduct in participating in a plan to cause Mrs. Heffington intentional emotional distress and bodily harm by performing surgery to cause her permanent distention and intermittent bowel obstructions was extreme and outrageous.

278. At all relevant times, the defendants’ participation in the aforementioned plan was intentional, and with full knowledge that their conduct was substantially certain to result in severe emotional distress bodily harm, and/or death to plaintiffs.

279. By participating in a plan to cause severe emotional distress and bodily harm to Mrs. Heffington, the defendants breached their duty owed the plaintiffs. The defendants’ conduct was grossly disproportionate under such circumstances, and must have been inspired by malice, so as to amount to abuse of power that shocks the conscience of a reasonable person.

280. By participating in a plan to cause severe emotional distress and bodily harm to Mrs. Heffington, the defendants contributed to the wrongful death of Mr. Heffington.

281. Mrs. Heffington suffered severe emotional distress and bodily harm as a result of the defendants negligence/medical malpractice and participation in the schemed plan to cause her such, including, but not limited to: depression, acute anxiety attacks, headaches, back and neck pain, heart problems, volvuluses, intermittent bowel obstructions, irritable bowel syndrome, kidney stones, excessive bleeding, headaches, neurodermatitis, eye ulcers, contact dermatitis, digestive problems, paranoia, osteoarthritis, tendonitis and short-term memory loss.

282. Mr. Heffington suffered wrongful death as a result of the defendants participation in the plan to cause extreme emotional distress, bodily harm and/or death to Mrs. Heffington.

283. The defendants’ outrageous conduct included, but was not limited to: participating in a plan to fail to give Mrs. Heffington adequate health care, not following up with the Heffington’s after appointments, Tanglewood Medical prescribing pinkeye medicine for Mrs. Heffington on or about February 28, 2002 when she had contact dermatitis, causing her an eye ulcer; Tanglewood Medical failing to give Mrs. Heffington an accurate stress test on or about February 1, 2005; Dr. Thomas’s failure to give Mr. Heffington his annual physical or even reminding him that he needed to come in within two months, Dr. Thomas’s failure to give Mr. Heffington heart medicine after his physical in 2003 to sustain his life, Dr. Reed agreeing to remove part of Mrs. Heffington’s colon in November, 2006, and then on December 12, 2006, removing Mrs. Heffington’s cecum and appendix instead, Dr. Mitchell failure for several years to refer Mrs. Heffington to specialists so her insurance rates wouldn’t go up, Dr. Beck’s failure to perform an accurate stress test on Mrs. Heffington in July, 2005Dr. Wilson’s attempt to prescribe drugs for Mrs. Heffington in September, 2006 so that she would stay in “la-la land,” Dr. Wesbrook’s attempt to cause Mrs. Heffington further bleeding and/or death by putting her on progesterone in January, 2006, Dr. Shaheen falsifying Mrs. Heffington’s stress test on November 10, 2005 by stating in his report that she denied any shortness of breath; the defendants’ having full knowledge that Mrs. Heffington’s health problems (contributing to the death of Mr. Heffington) were caused by the defendants in her previous litigation who denied her right to an attorney/effective assistance of counsel, and still, refusing to settle this matter from approximately August 23, 2006 - June 30, 2007 through their representative KaMMCO in a deliberate effort to intentionally causing her more of the same emotional distress and bodily harm.

284. The conduct of the defendants was so outrageous in character, and so extreme in degree, as to go beyond all bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized society. Reciting the facts in this matter to an average person would cause resentment toward defendants and lead them to exclaim: “Outrageous!”

285. The conduct of the defendants in this matter to cause plaintiffs to act to their detriment constitutes intentional infliction of emotional distress/bodily harm and liability to the plaintiffs for their injuries.

286. As a result of the outrageous conduct and intentional infliction of emotional distress by the defendants, plaintiffs and their family have been damaged in excess of $75,000.00. WHEREFORE, plaintiffs respectfully request judgments of the court against all of the defendants awarding to plaintiffs (i) damages in excess of $75,000.00 for each defendant; (ii) pre- and post- judgment interest; (iii) costs, including reasonable attorney fees, for this action; (iv) injunctive relief enjoining all defendants from continuing the intentional infliction of emotional distress; and (v) any other relief deemed just and equitable by the court.

Respectfully submitted,

JOAN E. HEFFINGTON,
7145 Blueberry Lane
Derby, Kansas  67037
Ph:  (316) 788-0901
Fx:  (316) 788-7990
E-mail:  Joaneheff@aol.com

By:_______________________________
JOAN E. HEFFINGTON, Individually, pro se

DEMAND FOR JURY TRIAL

Plaintiff respectfully requests that the issues in this matter be heard by a jury.

Respectfully submitted,

JOAN E. HEFFINGTON,
7145 Blueberry Lane
Derby, Kansas  67037
Ph:  (316) 788-0901
Fx:  (316) 788-7990
E-mail:  Joaneheff@aol.com

By:_______________________________
JOAN E. HEFFINGTON, Individually, pro se