NEW ORLEANS – A Jefferson Parish dialysis patient alleges a center's conduct endangered his health.
Tyronne McKay Jr. filed a complaint on Sept. 1 in the U.S. District Court for the Eastern District of Louisiana against Fresenius Medical Care Dialysis Group LLC, doing business as Fresenius Kidney Care Avondale; Troy Chesterman; and XYZ insurance company alleging negligence and malpractice.
According to the complaint, the plaintiff alleges that on Aug. 28, 2015, he was a regular patient at defendants' FMC facility in Avondale, and was receiving dialysis treatment when Chesterman ordered staff to remove plaintiff from the dialysis machine before his treatment was finished. The plaintiff alleges this action seriously weakened his condition and caused him to be hospitalized and undergo extensive dialysis treatment with another provider. The plaintiff holds Fresenius Medical Care Dialysis Group LLC, Chesterman and XYZ insurance company responsible because the defendant allegedly breached their duty to exercise the standard care to safely involuntarily terminate his dialysis treatment and interfered with his acceptance by another provider by communicating that the plaintiff was violent.
The plaintiff requests a trial by jury and seeks compensatory damages in the amount of $2,000,000, plus interest, costs, attorneys' fees and any other relief that the court deems appropriate. He is represented by Charles R. Jones of New Orleans and Veleka Eskinde of New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14401