Wlfox11digital.com/PDFs/2016CV000384 SAC540653.pdf · Special Administrator Michael G. Penkwitz 440 West Grand Avenue Port Washington, Wl 53074 NATHANIEL E. SILBERSACK, a minor, by

ATE OF WISCONSIN

THE ESTATE OF HEIDI BURETTA, by its

Special Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

JUSTIN JAGEMANN,

1705 South LOth StreetManitowoc, Wisconsin 54220

JONATHAN JAGEMANN,

W5977 County Road J

Plymouth, Wisconsin 53073

THE ESTATE OF MONICA DEBOT, by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

RICHARD DEBOT,

1424 North 6th StreetManitowoc, Wisconsin 54220

THE ESTATE OF ALAN EGGERI by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

PAUL EGGERT,

806 Dueno CourtManitowoc, Wisconsin 54220

THE ESTATE OF MARK D. GAGNON, by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

NATHANIEL E. SILBERSACK, a minor,by and through his Guardian ad LitemTimothy S. KnurrL00 E. Wisconsin Ave., Suite 2800Milwaukee, Wl 53202

SUMMONS

Case No:

Case Code No: 30103,30104,30105

Amount Claimed is GreaterThan S5,000.00

1

vs.

Plaintiffs,

FILED

10-04-2016

Clerk of Circuit Court

Manitowoc County, WI

2016CV000384

HOLY FAMILY MEMORIAL, INC.,

a domestic corporation2300 Western AvenueManitowoc, Wisconsin 54220Registered Agent: Mark P. Herzog2300 Western AvenueP. O. Box 1450Manitowoc, Wisconsin 54220

HOLY FAMILY MEMORIAL AFFILIATES, INC.,


DR. CHARLES SZYMAN,

515 Nor:th 4th StreetManitowoc, Wisconsin 54220

TAIT B. WAEGE,

4307 County Road B

Manitowoc, Wisconsin 54220

ABC PHARMACIST

Exact Name and Present Address Unknown,

HOLY FAMILY MEMORIAL HOSPITAL PHARMACY,


MARK HERZOG,

1430 Westwood Lane


JANE W. CURRAN-MEULI,

2616 South Matthias StreetAppleton, Wisconsin 54915

2

BRENT NORELL,

2535 Silveridge DriveManitowoc, Wisconsin 54220

DR. DEAN POLLNOW,

7293 Glacier DriveWest Bend, Wisconsin 53090

DEF EMPLOYEES, OFFICERS AND/OR DIRECTORS OF

HOLY FAMILY MEMORIAL, INC., HOLY FAMILY MEMORIAL

AFFTL|ATES, rNC. AND/OR HOLY FAMTLY MEMORTAL PHARMACY,

Exact Names and Present Addresses Unknown

GHI INSURANCE COMPANIES,


PROASSU RANCE CASUALTY COM PANY, I NC.,

and/oT PROASSURANCE WISCONSIN INSURANCE COMPANY

a foreign corporation,100 Brookwood Place

Birmingham, AlabamaRegistered Asent: David MaurerProAssurance Wisconsin lnsurance Company1002 Deming WayMadison, Wisconsin 537 t7

WISCONSIN INJURED PATIENTS AND FAMILIES

COMPENSATION FUND,

A Statutory Corporation125 South Webster StreetMadison, Wisconsin 537 07,

Registered Agent: Jeff Kohlmann125 South Webster StreetMadison, Wisconsin 537 07

Defendants.

THE STATE OF WISCONSIN

TO EACH PERSON NAMED ABOVE AS A DEFENDANT

YOU ARE HEREBY NOTIFIED that the Plaintiffs named above have filed a lawsuit or other legal

action against you. The Complaint which is attached states the nature and basis of the legal action.

Within forty-five (45) days after receiving this Summons, you must respond with a written

Answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the Complaint. The Court may

3

reject or disregard an Answer that does not follow the requirements of the statutes. The Answer must

be sent or delivered to the Circuit Court for Manitowoc County whose address is 1-01-0 South 8th Street,

Manitowoc, Wisconsin, 54221and to the Plaintiffs'attorney, Timothy S. Knurr, whose address is Gruber

Law Offices, LLC, 100 East Wisconsin Avenue, Suite 2800, Milwaukee, Wisconsin 53202. You may have

an attorney help or represent you.

lf you do not provide a proper Answer within forty-five (45) days, the Court may grant Judgment

against you for the award of money or other legal action requested in the Complaint, and you may lose

your right to object to anything that is or may be incorrect in the Complaint. A Judgment may be

enforced as provided by law. A judgment awarding money may become a lien against any real estate

you own now or in the future, and may also be enforced by garnishment or seizure of property.

Dated at Milwaukee, Wisconsin this 4th day of October, 201.6.

GRUBER LAW OFFICES, LLC

Attorneys for Plaintiffs

s/ Timothv S. KnurrSBN: 1013220

s/ Phillip S. GeoreesSBN: L056511

s/ Steven D. GruberSBN: 1092049

POST OFFICE ADDRESS:

[email protected]@sruber-law.com

[email protected] East Wisconsin AvenueSuite 2800Milwaukee, Wisconsin 53202Te lephone : 4L4.27 6.6666

4

THE ESTATE OF HEIDI BURETTA, by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

JUSTIN JAGEMANN,

1705 South 10th StreetManitowoc, Wisconsin 54220

JONATHAN JAGEMANN,

W5977 County Road J

Plymouth, Wisconsin 53073

THE ESTATE OF MONICA DEBOT, by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

RICHARD DEBOT,


THE ESTATE OF ALAN EGGERT, by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

PAUL EGGERT,

806 Dueno CourtManitowoc, Wisconsin 54220

THE ESTATE OF MARK D. GAGNON, by itsSpecial Administrator Michael G. Penkwitz440 West Grand AvenuePort Washington, Wl 53074

NATHANIEL E. SILBERSACK, a minor,by and through his Guardian ad LitemTimothy S. Knurr1-00 E. Wisconsin Avenue, Suite 2800Milwaukee, Wl 53202

COMPLAINT

Case No

Case Code No: 301-03, 30104, 301-05

Amount Claimed is GreaterThan S5,000.00

vs.

Plaintiffs,

FILED

10-04-2016

Clerk of Circuit Court

Manitowoc County, WI

2016CV000384

HOLY FAMILY MEMORIAL, INC.,

a domestic corporat¡on2300 Western AvenueManitowoc, Wisconsin 54220Registered Aeent: Mark P. Herzog2300 Western AvenueP. O. Box 1450Manitowoc, Wisconsin 54220

HOLY FAMILY MEMORIAL AFFILIATES, INC.,

a domestic corporation2300 Western AvenueManitowoc, Wisconsin 54220Registered Agent: Mark P. Herzog2300 Western AvenueP. O. Box L450Manitowoc, Wisconsin 54220

DR. CHARLES SZYMAN,


TAIT B. WAEGE,

4307 County Road B


ABC PHARMACIST

Exact Name and Present Address Unknown,

HOLY FAMILY MEMORIAL HOSPITAL PHARMACY,

a domestic corporation2300 Western AvenueManitowoc, Wisconsin 54220Registered Agent: Mark P. Herzog2300 Western AvenueP. O. Box L450Manitowoc, Wisconsin 54220

MARK HERZOG,

1430 Westwood Lane


JANE W. CURRAN-MEULI,

261-6 South Matthias StreetAppleton, Wisconsin 5491-5

2

BRENT NORELL,

2535 Silveridge Drive


DR. DEAN POLLNOW,

7293 Glacier DriveWest Bend, Wisconsin 53090

DEF EMPLOYEES, OFFTCERS AND/OR DTRECTORS OF

HOLY FAMILY MEMORIAL, INC., HOLY FAMILY MEMORIAL

AFFILIATES, INC. AND/OR HOLY FAMILY MEMORIAL PHARMACY,


GHI INSURANCE COMPANIES,


PROASSU RANCE CASUALTY COMPANY, I NC.,

and/or PROASSURANCE WISCONSIN INSURANCE COMPANY

a foreign corporation,L00 Brookwood Place

Birmingham, AlabamaRegistered Agent: David MaurerProAssurance Wisconsin lnsurance CompanyL002 Deming WayMadison, Wisconsin 53717

WISCONSIN INJURED PATIENTS AND FAMILIES

COMPENSATION FUND,

A Statutory CorporationL25 South Webster StreetMadison, Wisconsin 537 07,Registered Agent: Jeff KohlmannL25 South Webster StreetMadison, Wisconsin 537 07

Defendants.

NOW COME THE PIAINTIFFS, the Estate of Heidi Buretta by its Special Administrator, Michael G

Penkwitz, Justin Jagemann personally, Jonathon Jagemann personally, The Estate of Monica Debot by its

Special Administrator, Michael G. Penkwitz, Richard Debot personally, The Estate of Alan Eggert by its

Special Administrator, Michael G. Penkwitz, Paul Eggert personally, The Estate of Mark D. Gagnon, by its

Special Administrator, Michael G. Penkwitz, and Nathaniel E. Silbersack, a minor, by his Guardian ad

3

Litem, Timothy S. Knurr, by and through their attorneys, Gruber Law Offices, LLC, by Attorneys Timothy

S. Knurr and Phillip S. Georges and allege and show to the Court as follows:

THE PARTIES

t. Plaintifl the Estate of Heidi Buretta, by its Special Administrator, Michael G. Penkwitz, is an

estate formed by and pursuant to the laws of the State of Wisconsin for the purpose of pursuing

the claims against the Defendants as hereinafter alleged.

2. Plaintiff, Justin Jagemann, is an adult residing at 1705 South 10th Street, City and County of

Manitowoc, State of Wisconsin and was, at all times material hereto, the son of the deceased,

Heidi Buretta.

3. Plaintiff, Jonathan Jagemann, is an adult residing at W5977 County Road J, County of

Sheboygan, State of Wisconsin and was, at all times material hereto, the son of the deceased,

Heidi Buretta.

4. Plaintiff, the Estate of Monica Debot, by its Special Administrator, Michael G. Penkwitz, is an



5. Plaintiff, Richard Debot, is an adult residing at 1424 N. 6th Street, City and County of Manitowoc,

State of Wisconsin and was, at all times material hereto, the husband of the deceased, Monica

Debot.

6. Plaintiff, the Estate of Alan Eggert, by its Special Administrator, Michael G. Penkwitz, is an estate

formed by and pursuant to the laws of the State of Wisconsin for the purpose of pursuing the

claims against the Defendants as hereinafter alleged.

7. Plaintiff, Paul Eggert, is an adult residing at 806 Dueno Court, City and County of Manitowoc,

State of Wisconsin, and was, at all times material hereto, the brother of the deceased Alan

Eggert.

4

8. Plaintiff, the Estate of Mark D. Gagnon, by its Special Administrator, Michael G. Penkwitz, is an



9. Plaintiff, Nathaniel E. Silbersack, by and through his Guardian ad Litem, Timothy S. Knurr, is a

minor child residing at 957 MacArthur Drive, City and County of Manitowoc, State of Wisconsin,

and was, at all times material herein, the minor child of the deceased Mark D. Gagnon.

L0. The Defendant, Holy Family Memorial, lnc., is upon information and belief a domestic non-stock

corporation with its principal offices being located at 2300 Western Avenue, City and County of

Manitowoc, State of Wisconsin and whose registered agent for service of process being Mark P.

Herzog, 2300 Western Avenue, P.O. Box L450, City and County of Manitowoc, State of

Wisconsin; further, at all times material hereto, upon information and beliel Defendant, Holy

Family Memorial, lnc. was the employer of any one or more Defendants named or to be named

in this case, including but not limited to Dr. Charles Szyman, Pharmacist Tait Waege, Mark P.

Herzog, Jane Curran-Meuli, Brett Norell, and Dr. Dean Pollnow and because of this employment

relationship, will be liable and responsible to pay the damages sustained by the Plaintiffs as

hereinafter alleged pursuant to the legal theory of Respondeat Superior; further, Defendant,

Holy Family Memorial, lnc. will be liable in its own stead by and through the conduct of its

Officers and Directors as hereinafter alleged for the damages sustained by the Plaintiffs as

hereinafter alleged; further, in the event it is determined that the Holy Family Memorial

Hospital Pharmacy is a separate and distinct legal entity, Defendant, Holy Family Memorial, lnc.

will be liable and responsible for said entity's actions and for the damages sustained by the

Plaintiffs as hereinafter alleged.

11. Defendant, Holy Family Memorial Affiliates, lnc., upon information and beliel is a domestic

corporation with its principal offices being located at 2300 Western Avenue, City and County of

5

Manitowoc, State of Wisconsin and whose registered agent for service of process being Mark P.

Herzog, 2300 Western Avenue, P.O. Box 1450, City and County of Manitowoc, State of

Wisconsin; further, at all times material hereto, upon information and beliel Defendant, Holy

Family Memorial, lnc. was the employer of any one or more Defendants named or to be named

in this case, including but not limited to Dr. Charles Szyman, Pharmacist Tait Waege, Mark P.

Herzog, Jane Curran-Meuli, Brett Norell, and Dr. Dean Pollnow and because of this employment

relationship, will be liable and responsible to pay the damages sustained by the Plaintiffs as

hereinafter alleged, pursuant to the legal theory of Respondeat Superior; further, Defendant,

Holy Family Memorial, lnc. will be liable in its own stead by and through the conduct of its

Officers and Directors as hereinafter alleged for the damages sustained by the Plaintiffs as

hereinafter alleged; further, in the event it is determined that the Holy Family Memorial

Hospital Pharmacy is a separate and distinct legal entity, Defendant, Holy Family Memorial, lnc.

will be liable and responsible for said entity's actions and for the damages sustained by the


12. Defendant, Dr. Charles Szyman, is an adult residing at 515 North 4th Street, in the City and

County of Manitowoc, Wisconsin 5422O, State of Wisconsin; further, at all times material

hereto, he was a treating physician of Heidi Buretta, Monica Debot, Mark D. Gagnon, and Alan

Eggert, all now deceased.

13. Defendant, Tait Waege, is an adult residing at 4307 County Road B, in the City and County of

Manitowoc, State of Wisconsin; further, upon informat¡on and belief, at all times material

hereto, he worked for and was employed by, Holy Family Memorial, lnc., Holy Family Memorial

Affiliates, lnc., and/or Holy Family Pharmacy as a pharmacist and was, among others, involved in

selling, filling and providing narcotic prescriptions ordered by, among others, Dr. Charles

Szyman, to Heidi Buretta, Monica Debot, Mark D. Gagnon, and Alan Eggert.

6

1-4. Defendant, ABC Pharmacist, upon information and belief, is/are a pharmacist(s)who at alltimes

material herein were working for and employed by Defendants, Holy Family Memorial, lnc., Holy

Family Memorial Affiliates, lnc., and/or Holy Family Memorial Hospital Pharmacy as a

pharmacist and was, among others, involved in selling, filling and providing narcotic

prescriptions ordered by, among other, Dr. Charles Szyman, to Heidi Buretta, Monica Debot,

Mark D. Gagnon and/or Alan Eggert; further, at this time the Plaintiffs are unaware of the

name(s) or said pharmacist(s) and pursuant to Wisconsin Statutes have named them fictitiously;

further, in the event their identity is learned, these pleading will be amended accordingly.

15. Defendant, Holy Family Memorial Hospital Pharmacy, upon information and beliel may be a

separate and distinct legal entity with multiple locations located throughout Manitowoc County,

including but not limited to 2300 Western Avenue, City and County of Manitowoc, State of

Wisconsin, and at all times material hereto, may have been the employer of Defendants Tait

Waege and ABC Pharmacist(s) and because of this employment relationship, will be liable and

responsible to pay the damages sustained by the Plaintiffs as hereinafter alleged, pursuant to

the legal theory of Respondeat Superior; further, Defendant, Holy Family Memorial Pharmacy

will be liable in its own stead by and through the conduct of its Officers and Directors as

hereinafter alleged for the damages sustained by the Plaintiffs as hereinafter alleged.

16. Defendant, Mark P. Herzog, upon information and beliel is an adult residing at 1430 Westwood

Lane, in the City and County of Manitowoc, State of Wisconsin, and at alltimes material hereto,

was and is an employee of, and President and CEO of Holy Family Memorial, lnc. and/or Holy

Family Memorial Affiliates, lnc. with corporate offices located at 2800 Western Drive, City and

County of Manitowoc, State of Wisconsin; further, because of his conduct as hereinafter alleged

he will be personally liable for the damages sustained by the Plaintiffs as hereinafter alleged.

7

17. Defendant, Jane Curran-Meuli, upon information and belief, is an adult residing at 2616 South

Matthias Street, in the City of Appleton, County of Calumet, State of Wisconsin, and at all times

mater¡al hereto, was and is an employee of, and, Vice -President and COO of Holy Family

Memorial, lnc. and/or Holy Family Memorial Affiliates, lnc. with corporate offices located at

2800 Western Drive, City and County of Manitowoc, State of Wisconsin; further, because of her

conduct as hereinafter alleged she will be personally liable for the damages sustained by the


1.8. Defendant, Brett Norell, upon information and beliel is an adult residing 2535 Silveridge Drive,

in the City and County of Manitowoc, State of Wisconsin, and at all times material hereto, was

and is and employee of, and Vice -President of Finance and CFO of Holy Family Memorial, lnc.

and/or Holy Family Memorial Affiliates, lnc. with corporate offices located at 2800 Western

Drive, City and County of Manitowoc, State of Wisconsin; further, because of his conduct as

hereinafter alleged he will be personally liable for the damages sustained by the Plaintiffs as

hereinafter alleged.

1-9. Defendant, Dr. Dean Pollnow, upon information and beliel is an adult residing aT7293 Glacier

Drive, in the City of West Bend, County of Washington, State of Wisconsin and at all times

material hereto was and is an employee of, and Executive Vice- President and CEO of Holy

Family Memorial, lnc. and/or Holy Family MemorialAffiliates, lnc. with corporate offices located

at 2800 Western Drive, City and County of Manitowoc, State of Wisconsin; further, because of

his conduct as hereinafter alleged he will be personally liable for the damages sustained by the


20. Defendants, DEF employees, officers, and/or directors of Holy Family Memorial, lnc., Holy

Family Memorial Affiliates, lnc., and/or Holy Family Memorial Hospital Pharmacy, upon

information and belief, for their own personal conduct as hereinafter alleged, will be personally

8

liable for the damages sustained by the Plaintiffs as hereinafter alleged; further, at this time the

identity of these Defendants is unknown to the Plaintiffs and pursuant to Wisconsin Statute,

said Defendants have been named fictitiously; further, in the event their identity is learned,

Plaintiffs will amend the pleadings accordingly.

21-. Defendants,-GHl lnsurance Companies, upon information and belief, issued policies of liability

insurance to any one or more of the above named Defendants by and pursuant to the terms of

which they agreed to indemnify or otherw¡se pay for the damages sustained by the Plaintiffs

and caused by the Defendants as hereinafter alleged and as such, pursuant to Wis. Stat. Sec.

803.04(2), would be proper parties to this lawsuit; further, at this time the identity of these

Defendants is unknown to the Plaintiffs and pursuant to Wisconsin Statute, said Defendants

have been named fictitiously; further, in the event their identity is learned, Plaintiffs will amend

the pleadings accordingly.

22. Defendant, ProAssurance Casualty Company, lnc. and/or ProAssurance Wisconsin lnsurance

Company, is upon information and belief a foreign corporation, with its principal offices being

located at 100 Brookwood Place, Birmingham, Alabama, and whose registered agent for service

of process is David Maurer, ProAssurance Wisconsin lnsurance Company, 1002 Deming Way, in

the City of Madison, County of Dane, State of Wisconsin; and at all times material herein was

the liability insurance carrier of all named corporate or individual Defendants, and by reason of

said insurance policy and the provisions of 5 803.04(2), Wis. Stats., the Defendant,

ProAssurance Casualty Company, lnc. and/or ProAssurance Wisconsin lnsurance Company, is a

proper party herein.

23. The Defendant, Wisconsin lnjured Patients and Families Compensation Fund is a statutory

corporation, pursuant to chapter 655 Wisconsin Statutes, with its principal place of business

located at 1-25 South Webster Street, Madison, Wl 53707. Defendant is by law the excess

I

medical professional liability insurer of Wisconsin physicians and hospitals who purchase

underlying medical malpractice insurance with the appropriate terms and conditions. The

person designated for service of process is Jeff Kohlmann, Fund Director, at same address.

GENERAL FACTUAL ALLEGATIONS: HEIDI BURETTA

24. Reallege and incorporate herein by reference paragraphs 1 - 23 of this Complaint as though

more fully stated herein.

25. Heidi Buretta died on December 05, 20L4 as the result of mixed drug toxicity, with such drugs

including narcotic pain medication; further, said narcotics were prescribed by Dr. Charles

Szyman and sold and filled by employees of Holy Family Memorial Hospital Pharmacy; further,

the medical problem for which these narcotics were prescribed was a non-surgical back

problem

26. The practice of prescribing and selling narcotic pain medication as heretofore alleged continued

over a period of nearly 10 years with almost every year resulting in Dr. Charles Szyman

prescribing greater and greater amounts and dosages of narcotics and the Holy Family Memorial

Hospital Pharmacy continued to sell and fill those prescriptions for monetary profit.

27. The level of narcotics being prescribed was far beyond any medically legitimate, recognized or

reasonable prescription of these types of narcotics and resulted in Heidi Buretta becoming a

narcotic pain pill addict which eventually caused her death.

GENERAL FACTUAL ALLEGATIONS: MONICA DEBOT

28. Reallege and incorporate herein by reference parag¡aphs 'J. - 27 of this Complaint as though


29. Monica Debot died on July 13, 201-3 as the result of mixed drug toxicity, with such drugs

including narcotic pain medication; further, said narcotics were prescribed by Dr. Charles

Szyman and, upon information and belief at least some of the medications were sold and filled

10

by employees of Holy Family Memorial Hospital Pharmacy; further, the medical problem for

which these narcotics were prescribed was a non-surgical back problem.


over a period of nearly four years with each year resulting in Dr. Charles Szyman prescribing

greater and greater amounts and dosages of narcotics and, upon information and beliel the

Holy Family Memorial Hospital Pharmacy may have continued to sell and fill at least some of

those prescriptions for monetary profit.

3L. The level of narcotics being prescribed' was far beyond any medically legitimate, recognized or

reasonable prescription of these types of narcotics and resulted in Monica Debot becoming a

narcotic pain pill addict which eventually caused her death.

32. The Plaintiffs, the Estate of Monica Debot by its Special Administrator, Michael G. Penkwitz, and

Richard Debot personally, had no factual nor legal basis to presume that there was anything

medically inappropriate with the manner and fashion the pills were being prescribed and were

never so informed and did not discover the potential causes of action until at the earliest,

newspaper articles and other media releases which addressed the termination of Dr. Charles

Szyman for what appeared to be inappropriate prescription of narcotics with said news releases

occurring on or about November LO,2OI5; further, the foregoing did not learn of an actual

cause of action that could be pursued until late summer, 2016.

GENERAL FACTUAL ALLEGATIONS: ALAN EGGERT

33. Reallege and incorporate herein by reference paragraphs 1" - 32 of this Complaint as though


34. Alan Eggert died on July 10, 2Ot2 as the result of mixed drug toxicity, with such drugs including

narcotic pain medication; further, said narcotics were prescribed by Dr. Charles Szyman and,

upon information and beliel at least some of those medications were sold and filled by

11

employees of Holy Family Memorial Hospital Pharmacy; further, the medical problem for which

these narcotics were prescribed was a non-surgical back problem

35. The practice of prescribing and selling narcotic pain medicat¡on as heretofore alleged continued

over a period of nearly four years with each year resulting in Dr. Charles Szyman prescribing




36. The level of narcotics being prescribed was far beyond any medically legitimate, recognized or

reasonable prescription of these types of narcotics and resulted in Alan Eggert becoming a

narcotic pain pill addict which eventually caused his death.

37. The Plaintiffs, the Estate of Alan Eggert by its Special Administrator, Michael

G. Penkwitz, and Paul Eggert personally, had no factual nor legal basis to presume that there

was anything medically inappropriate with the manner and fashion the pills were being

prescribed and were never so informed and did not discover the potential causes of action until

at the earliest, newspaper articles and other media releases which addressed the termination of

Dr. Charles Szyman for what appeared to be inappropriate prescription of narcotics with said

news releases occurring on or about November tO,201,5; further, the foregoing did not learn of

an actual cause of action that could be pursued until late summer, 20L6.

GENERAL FACTUAL ALLEGATIONS: MARK D. GAGNON AND NATHANIEL E. SITBERSACK

38. Reallege and incorporate herein by reference paragraphs 1-37 of th¡s Complaint as

though more fully stated herein.

39. Mark D. Gagnon died on June 5, 2015, as a result of injuries that can be linked directly to and

caused by his use of narcotic pain medication; further, said narcotics were prescribed by Dr

Charles Szyman and, upon information and belief, at least some of those medications were sold

12

and filled by employees of Holy Family Memorial Hospital Pharmacy; further, the medical

problem for which these narcotics were prescribed was a thumb problem.


over a period of more than one year with each year resulting in Dr. Charles Szyman prescribing




41-. The level of narcotics being prescribed was far beyond any medically legitimate, recognized or

reasonable prescription of these types of narcotics and resulted in Mark D. Gagnon becoming a

narcotic pain pill addict which eventually was a substantial factor in his death.

42. At all times material hereto, Nathaniel E. Silbersack was the minor son of Mark D. Gagnon and as

a direct and proximate result of the conduct and activities as heretofore and hereinafter alleged

lost his father and suffered and continues to suffer the loss of society and companionship of his

father and other damages including, but not limited to, the economic support from his father.

GENERAL FACTUAL ALLEGATIONS: DR. CHARLES SZYMAN

43. Reallege and incorporate herein by reference paragraphs L - 42 of this Complaint as though


44. At all times material hereto, Dr. Charles Szyman was a medical doctor licensed to practice

medicine in the State of Wisconsin; further, Dr. Charles Szyman held himself out to the public as

a doctor specializing in pain management; further, Dr. Charles Szyman was an employee of Holy

Family Memorial, lnc. and/or Holy Family Memorial Affíliates, lnc., and practiced primarily in

Manitowoc County.

45. Over the course of more than a decade, Dr. Charles Szyman began engaging in the practice of

prescribing narcotic pain medication to patients at a level far beyond any medically legitimate,

13

reasonable, or recognized level with said practice falling outside the standard of care which any

reasonable doctor would exercise under the same or similar circumstances.

46. Upon information and belief, Dr. Charles Szyman was specifically aware that his narcotic

prescriptions were being sold "on the street" by his patients to drug addicts.

47. As early as 1999 local law enforcement agencies were aware of and investigating Dr. Szyman's

practice of prescribing mass quantities of narcotic pain medication which were then being sold

on the street as the "drug of choice" of drug addicts.

48. Upon information and beliel Dr. Charles Szyman was known within Manitowoc County and

among law enforcement as the physician everyone went to for easy access to narcotic pain

medication.

49. Federal authorities began an undercover investigation by sending officers posing as patients to

Dr. Szyman's office with his office repeatedly prescribing narcotic pain medication despite the

"patient" stating he didn't want or need any such prescription or increase in prescription

amount or strength.

50. This investigation eventually lead to Dr. Charles Szyman being indicted in the United States

District Court - Eastern District of Wisconsin, Case Number 16-CR-95 on 19 counts of knowingly

and intentionally distributing a controlled substance for no legitimate medical purpose; further,

the "controlled substances" were primarily prescription narcotic pain medications.

5L. Upon information and belief, at all times material hereto, and prior to the deaths heretofore

alleged, Dr. Szyman was aware of overdose deaths associated with his prescription practice yet

took no action to stop his practice of overprescribing narcotic prescription drugs.

52. Upon information and belief, Dr. Szyman wrote prescriptions that generated millions of dollars

in revenue for any one or more of the "Holy Family" Defendants.

14

53. As a direct and proximate result of his actions with regard to prescribing narcotic pain

medications as heretofore described, Dr. Charles Szyman's license to practice medicine in the

State of Wisconsin was suspended for prescribing "unusually large amounts of controlled

substances, opioid pain medications in particular, without adequate or any medical support."

GENERAL ALLEGATIONS: THE P HARMACY AN D PHARMACISTS

54. Reallege and incorporate herein by reference paragraphs L - 53 of this Complaint as though


55. At all times material hereto the Holy Family Memorial Hospital Pharmacy and all of its

pharmacists knew that there was no medically legitimate, reasonable or recognized purpose for

the level of narcotics that Dr. Charles Szyman was prescribing and yet it/they took no steps to

stop the practice.

56. During the investigation of the Buretta death by local law enforcement, Pharmacist Tait Waege

was called by an officer who told him he wanted to talk to him about Buretta's death and he

responded: "l know why you are calling;" further, when asked if 8000 mg a day of morphine was

an unusual dosage he responded: "Your concern is my concern."

FIRST CAUSE OF ACTION: MEDICAL NEGLIGENCE: DR. CHARLES SZYMAN: THE ESTATES OF

HEIDI BURETTA. MONICA DEBOT. MARK D. GAGNON AND AIAN EGGERT

57. Reallege and incorporate herein by reference, paragraphs L - 56 of this Complaint as though


58. At all times material hereto, Dr. Charles Szyman was negligent in the manner and fashion he

treated Heidi Buretta, Monica Debot, Mark D. Gagnon and Alan Eggert by and through the

prescription of narcotic pain medication on a long term basis for non-surgical pain and by

starting them at a certain level and then consistently and often increasing the dosage amounts

and levels that no reasonable doctor under the same or similar circumstances would prescribe.

15

59. At all times material hereto, Dr. Charles Szyman was negligent in that his prescription practices

turned Buretta, Debot, Gagnon and Eggert into narcotic pain pill addicts and he essentially

provided them no "exit strategy" or medical advice or treatment to stop them from becoming

and being pain pill addicts

60. At all times material hereto, with regard to Buretta, upon information and beliel when the

"heat was being turned up" with regard to the law enforcement investigation, Dr. Charles

Szyman was negligent in that he began to try to wean her offthe medications and did so far too

quickly which had adverse medical consequences ultimately leading to her death.

61. As a direct and proximate result of the negligence of Dr. Charles Szyman, Buretta, Debot,

Gagnon and Eggert all died of narcotic drug toxicity; further, for a period extending over years

and as a direct and proximate result of Dr. Charles Szyman's negligence, Buretta, Debot, Gagnon

and Eggert endured severe and prolonged conscious pain, suffering and disability associated

with being turned into a narcotic pain pill addict and thus entitling the Estates of the foregoing

to all damages sustained as a result thereof.

PHARMACY. AND ANYAND ALL OTHER ST EMPLOYEES UNKNOWN AT THIS TI ME

MARK D. GAGNON AND ALAN EGGERT

62. Reallege and incorporate herein by reference paragraphs 1 - 6L of this Complaint as though

more fully stated herein

63. At all times material hereto the Pharmacy Defendants were negligent in the manner and fashion

that they sold and filled prescriptions ordered by Dr. Charles Szyman for Buretta, Debot, Gagnon

and/or Eggert in that they knew that what was being prescribed was not medically legitimate,

reasonable, or recognized and that as prescribed was life threatening or otherwise would cause

16

serious physical reactions and/or addictions yet they continued to sell and fill these

prescriptions; further, the Pharmacy Defendants were negligent in not taking any steps to report

or stop the practice of prescribing these narcotic pain medications.

64. Further, upon information and beliel the Pharmacy Defendants were aware that Dr. Charles

Szyman's patients were dying from prescription drug toxicity and were further negligent in not

taking any steps to stop the practice of prescribing these narcotic pain medications.

65. As a direct and proximate result of the negligence of the Pharmacy Defendants, Buretta, Debot,

Gagnon and/or Eggert all died of narcotic drug toxicity; further, for a period extending over

years and as a direct and proximate result of the Pharmacy Defendants' negligence, Buretta,

Debot, Gagnon and Eggert endured severe and prolonged conscious pain, suffering and

disability associated with being turned ¡nto a narcotic pain pill addict and thus entitling the

Estates of the foregoing to all damages sustained as a result thereof.

GENERAL ALLEGATIONS: HOLY FAMILY MEMORIAL HOSPITAL. lNC.. HOLY FAMILY MEMORIAL

HOSPITAL AFFLIATES, INC. . HOLY FAMILY MEMORIAL HOSPITAL PH ARMACY f HEREINAFTER

,,HOLY FAMILY DEFENDANTS"I. MARK P. HERZOG JANE CURRAN-MEULI- BRETT NORELL. AND

DR. DEAN POLLOW IHEREINA ER,,HOLY FAMILY OFFICERS"I



67. Upon information and belief, local law enforcement was aware of Dr. Charles Szyman

prescribing mass quantities of narcotics, specifically opioid pain medications, as early as 1-999;

further a majority of individuals providing information to law enforcement about prescription

drug diversion, abuse and trafficking "identified Dr. Szyman as their prescribing physician or

source of their narcotics."

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68. As a result of the prescription of mass quantities of these drugs, opioid pain medications

became the drug of choice for drug addicts in Manitowoc County and "dealers" would obtain

these drugs from Dr. Charles Szyman and the "Holy Family Pharmacy" and would then sell them

to addicts on the street.

69. During the course of local law enforcement investigation, Dr. Charles Szyman was specifically

interviewed about the ease in obtaining mass quantities and numerous combinations of

medications from him.

70. Local law enforcement, since 1999, has conducted interviews with patients of Dr. Charles

Szyman who attributed the beginning of their addictions to prescription pain medications, their

eventual abuse, and their addiction, to other narcotics, including heroin, to their doctor-patient

relationship with Dr. Charles Szyman.

7t. For an extended period of time, the abuse of narcotic pain medication has been well known to

law enforcement and the medical community across the United States and was well known

particularly by the Holy Family Defendants and the Holy Family Officers.

72. AI all times material hereto, upon information and beliel the practices of Dr. Charles Szyman as

heretofore described were well known by, and condoned and authorized by, the Holy Family

Defendants and the Holy Family Officers and therefore everything he did in that regard was

done within the scope of his employment; further, despite knowing that Dr. Charles Szyman was

responsible for prescribing mass quantities of narcotic pain medications, the Holy Family

Defendants and the Holy Family Officers, developed and directed various public seminars and

forums addressing the problems associated with the abuse of narcotic pain medications

including, but not limited to, one forum/seminar entitled "Advancing Pain Care" presented on or

about March, 2013 where the "problem" was identified as "....a need in the community for a

multidisciplinary and systematic approach to pain management with emphasis on use of non-

18

narcotic medications"; further, Dr. Szyman was a member of the presentation panel; further,

upon information and belief despite identifying the "problem" and despite knowing that Dr.

Charles Szyman was at the core of the problem, the Holy Family Defendants and the Holy Family

Officers took no steps to stop his practices nor did they institute any multidisciplinary and

systematic approach to pain management with an emphasis on non-narcotic medications prior

to the suspension of Dr. Szyman's license.

73. At one point, a patient of Dr. Szyman who claimed he became addicted to narcotic pain

medication because of Dr. Szyman's practices, approached the Holy Family Defendants, upon

information and belief, specifically Mary Schilder, Risk Manager for the Holy Family Defendants,

complaining of the fact that Dr. Charles Szyman turned him into an addict and sought help from

them to battle his addiction and they refused to provide him with any help; further upon

information and belief, and at all time material hereto Mary Schilder was completely aware of

the practices of Dr. Szyman as heretofore alleged in her role as Risk Manager and as a Member

of the Manitowoc Fire and Police Commission, along with Dr. Michael Wellner, a Holy Family

Defendants' employee, who also, at all times material hereto, sat on the Manitowoc Fire and

Police Commission.

THIRD CAUSE OF ACTION: THE HOLY FAMILY FENDANTS AND THE HOLY FAMILY OFFICERS:

NEGLIGENCE: THE ESTATES OF HEIDI BU A. MONICA DEBOT. MARK D. GAGNON AND

ALAN EGGERT



75. At all times material hereto, the Holy Family Defendants and the Holy Family Officers were

negligent in that they knew of Dr. Szyman's and the Holy Family Pharmacy's prescription

19

practices as heretofore alleged and took no steps to stop the practices and further, in fact,

condoned and authorized the practices as heretofore alleged

76. As a direct and proximate result of the negligence of the Holy Family Defendants and the Holy

Family Officers, Buretta, Debot, Gagnon and Eggert all died of narcotic drug toxicity; further, for

a period extending over years and as a direct and proximate result of the Holy Family

Defendants' and the Holy Family Officers' negligence, Buretta, Debot, Gagnon and Eggert

endured severe and prolonged conscious pain, suffering and disability associated with being

turned into a narcotic pain pill addict and thus entitl¡ng the Estates of the foregoing to all

damages sustained as a result thereof

FOURTH CAUSE OF ACTION: WRONGUL DEATH: MEDICAL NEGLIGENC: ALL NAMED

DEFENDANTS: NATHANIEL E. SI LBERSACK

77. Reallege and incorporate herein by reference paragraphs L-76 of this Complaint as though more

fully stated herein.

78. At all times material hereto, Nathaniel E. Silbersack was the minor son of Mark D. Gagnon and as

a direct and proximate result of the conduct and activities as heretofore and hereinafter alleged

lost his father and suffered and continues to suffer the loss of society and companionship of his

father and other damages including, but not limited to, the economic support from his father.

FIFTH CAUSE OF ACTION: COMMON LAW CIVIL CONSPIRACY: ALL NAMED DEFENDANTS

EXCEPT INSURANCE COMPANY DEFENDANTS: ALL NAMED PLAINTIFFS



80. Upon information and belief, the prescription practices of Dr. Charles Szyman and the Holy

Family Pharmacy generated millions of dollars in revenue for the Holy Family Defendants over

the years.

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81. At all times material hereto, all relevant Defendants knew of, partic¡pated in, condoned, and/or

authorized the illicit, improper, and/or illegal prescription practices of Dr. Charles Szyman and

the Holy Family Pharmacy for the purpose of generating millions of dollars in revenue.

82. At all times material hereto, all relevant Defendants combined to act together to accomplish the

unlawful purpose of engaging in the prescription practices as hereto alleged or to accomplish

the lawful purpose of prescribing narcotic pain medication by the unlawful means of over-

prescribing as heretofore alleged; further, at all times material hereto, all relevant Defendants

combined and conspired to participate in, condone, and/or authorize the prescription practices

as heretofore alleged to disregard the law for the sole purpose of achieving monetary gain.

83. As a direct and proximate result of this conspiracy, Heidi Buretta, Monica Debot, Mark D.

Gagnon and Alan Eggert became narcotic pain pill addicts which ultimately resulted in their

deaths and which resulted in them enduring severe and prolonged conscious pain, suffering and

disability associated with being turned into a narcotic pain pill addict and thus entitling the

Estates of the foregoing to all damages sustained as a result thereof.

84. As a direct and proximate result of this conspiracy, the Burettas, Debot, Silbersack and Eggert

personally suffered the death of their mother, wife, father, and brother respectively and

sustained the loss of society and companionship of the same and other damages.

SIXTH CAUSE OF ACTION: CIVIL WOCCA: ALL DEFENDANTS EXCEPT INSURANCE COMPANY

DEFENDANTS: ALL NAMED PLAINTIFFS



86. At all times material hereto, the Holy Family Defendants, the Holy Family Pharmacy, the Holy

Family Officers, and/or Dr. Charles Szyman associated together for the common purpose of

engaging in a course of conduct concerning the prescription of narcotic pain medications as

21

heretofore alleged; furthermore, at all times material hereto, they associated together for the

common purpose of selling narcotic prescription drugs in a manner and fashion that served no

medically legitimate, reasonable or recognized purpose and for the specific purpose of

generating revenue; further, as such, the foregoing constitute an "enterprise" pursuant to Wis.

Stat. Sec. 946.82(21.

87. All relevant Defendants were related and participated in this common scheme as employer and

employee and/or as Officer or Director of the Holy Family Defendants and/or the Holy Family

Pharmacy.

88. This relationship and association and common purpose existed for at least a decade if not longer

dating back as far as 1999 and specifically with regard to Heidi Buretta, dating back to early

2000, and existed at least until the date upon which Dr. Charles Szyman was terminated in

November of 2015.

89. This association engaged in a pattern of racketeering activity which included numerous and

continuous incidents of engaging in the prescription activities as heretofore alleged which all

had the same or similar intents, results, victims, or method of commission including, but not

limited to, taking patients such as Heidi Buretta, Monica Debot, Mark D. Gagnon and Alan

Eggert, who all presented with non-surgical pain complaints and starting them on a regimen of

narcotic pain medication and then consistently increasing dosage strengths making them more

and more dependent on the drugs with no intention of ever removing them from these drugs

and the Holy Family Pharmacy, with full knowledge that these practices served no medically

legitimate, reasonable or recognized practice or purpose, willingly and without objection, filling

and selling these prescriptions, all for the purpose of generating revenue and monetary profit

for the Holy Family Defendants.

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90. The racketeering activity includes, but rhay not be limited to, violations of Wis. Stat. Secs.

961.41(1Xa), and 943.89 (mail fraud), in that, upon information and belief, mail services were

utilized to obtain the narcotic pain medications from their supplier or distributor of these types

of medications; further, this activity occurred on a repeated and continuous basis upon until at

least the date of Dr. Charles Szyman's termination in November of 2015 and thus constitutes a

pattern of racketeering activity pursuant to Wis. Stat. Sec. 946.82(4').

9L. As a direct and proximate result of this pattern of racketeering activity, Heidi Buretta, Monica

Debot, Mark D. Gagnon and Alan Eggert became narcotic pain pill addicts which ultimately

resulted in their deaths and which resulted in them enduring severe and prolonged conscious

pain, suffering and disability associated with being turned into a narcotic pain pill addict and

thus entitling the Estates of the foregoing to all damages susta¡ned as a result thereof.

92. As a direct and proximate result of this pattern of racketeering activity, the Burettas, Debot,

Silbersack and Eggert personally suffered the death of their mother, wife, father and brother

respectively and sustained the loss of society and companionship of the same and other

damages.

93. All plaintiffs are entitled to all penalties and remedies prescribed by Wisconsin's WOCCA laws.

PUNITIVE DAMAGES

94. At all times material hereto, the conduct and actions of all named Defendants as heretofore

described, other than the lnsurance Company Defendants, was done so with the malicious

and/or intentional disregard of the rights all the Plaintiffs and as such, Plaintiffs are entitled to

punitive damages and damages and claims outside the limitations of Chapter 655 Wis. Stats.

JOINT AND SEVERAL LIABILITY

95. Reallege and incorporate herein by reference paragraphs 1- - 94 of the Complaint as though


23

96. All Defendants are and will be jointly and severally liable for all the damages sustained by the

Plaintiffs as heretofore alleged.

WHEREFORE, THE PLAINTIFFS DEMAND JUDGMENT AGAINST THE DEFENDANTS AS FOLLOWS:

1. On all negligence claims, for compensatory damages as determined by the trier of fact;

2. On the common law conspiracy claim, for compensatory damages as determined by the trier of

fact and for punitive damages;

3. On the WOCCA claim, for all damages prescribed by the law set forth therein in including, but

not limited to, multiple compensatory damages, exemplary damages, punitive damages, and

attorneys' fees;

4. For Plaintiffs' costs, disbursements and attorney's fees allowed by law; and,

5. For any and all other relief allowed by law or which the Court deems just and equitable.

PTAINTIFFS HEREBY DEMAND THAT THE ABOVE ENTITLED ACTION

BE TRTED BY A JURY OF TWELVE (12) PERSONS

Dated at Milwaukee, Wisconsin this 4th day of October, 20L6.

GRUBER LAW OFFICES, LLC

Attorneys for Plaintiffs

s/ S. Knurr

SBN: L013220

s/ Phillip S. GeoreesSBN: 1056511

s/ Steven D. GruberSBN: 1092049

POST OFFICE ADDRESS:

[email protected]@eruber-law.com

[email protected] East Wisconsin AvenueSuite 2800Milwaukee, Wisconsin 53202Te le pho ne : 4L4.27 6.6666

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Documents

Wlfox11digital.com/PDFs/2016CV000384 SAC540653.pdf · Special Administrator Michael G. Penkwitz 440 West Grand Avenue Port Washington, Wl 53074 NATHANIEL E. SILBERSACK, a minor, by