Surgeon for woman who died after tummy tuck files lawsuit against clinic, medical staff

CINCINNATI (WXIX) — A Cincinnati plastic surgeon has filed a civil lawsuit against JourneyLite Surgery Center and Associated Anesthesiologists of Springfield claiming his tummy tuck patient, Rachel Tussey, died from an overdose caused by staff.

In a 32-page complaint, Dr. Shahryar Tork accuses anesthesiologists and JourneyLite’s post-anesthesia care unit (PACU) of administering a lethal dose of opioids, causing Rachel to suffer an anoxic brain injury, leading to her death weeks after surgery.

The lawsuit also alleges medical staff failed to respond to the overdose properly, and later tried to destroy medical records.

“I cannot express enough condolences for the Tussey family, and no words can capture the weight of this loss. Rachel’s death is something I will carry for the rest of my life,” Dr. Tork said during a press conference Thursday.

In a statement to FOX19 NOW, JourneyLite denied the allegations, calling the actions of the PACU team “heroic.”

“Both PACU nurses staffed at Journey Lite had years of experience, were ACLS certified, former ER nurses in local Cincinnati hospital Emergency Rooms and had participated in hundreds of codes. They both undertook heroic measures to try to save Rachel’s life,” said JourneyLite’s media spokesperson Judd Uhl.

We also reached out to the attorney representing Associated Anesthesiologists of Springfield. He responded no comment to our inquiry.

Based on the allegations in Dr. Tork’s lawsuit, the Tussey family’s representative, Bernie Layne, says attorneys have filed a temporary restraining order to ensure JourneyLite and the other defendants will not destroy, fabricate or delete evidence from Rachel’s case.

“Our firm is prepared to pursue aggressive legal action to seek appropriate remedies on behalf of the family,” said Layne in a statement.

What led to Rachel’s complications?

Rachel Tussey went in for her tummy tuck surgery scheduled on Feb. 25. It began at 8:14 a.m. and ended at 5 p.m. without surgical complication, the lawsuit says.

“After surgery, Rachel was talking, awake and stable. She was doing so well, I brought in her husband Jeremy to see her before I left,” Dr. Shahryar Tork said.

Rachel was then transferred to the PACU, which Dr. Tork says is standard procedure post-surgery.

About an hour later, Rachel’s health took a turn.

“What happened next should not have ever happened,” Dr. Tork said.

On his way home, the complaint says Dr. Tork received a call from a PACU nurse, who alerted him that Rachel had become hypoxic and unresponsive.

“When asked if Mrs. Tussey had been given anything before the acute change, the nurse told Dr. Tork she’d been given ‘150 micrograms of fentanyl and 0.5 milligrams of Dilaudid right after [Dr. Tork] left the facility,’” the complaint reads.

Dr. Tork says that dosage is too high for Rachel, especially since she had only received 100 micrograms of fentanyl and 0.5 milligrams of Dilaudid during her nine-hour surgery, the lawsuit states.

Over the phone, the nurse told Dr. Tork she had given Rachel Narcan. The surgeon ordered the nurse to administer a second dose as he made his way back to the facility.

Once Dr. Tork arrived, he alleges seeing a nurse on the phone and another one “attempting to use a bag mask on Mrs. Tussey,” according to the complaint.

“The nurse did not have a proper seal on the bag mask. Mrs. Tussey’s chest did not rise. Dr. Tork asked for a stethoscope but they did not have one,” the lawsuit states.

When EMS arrived at the surgical center, they could not detect Rachel’s pulse, and transported her to Bethesda North Hospital. It was later determined that Rachel was brain dead. She died in hospice March 17.

“The Bethesda North providers determined that Mrs. Tussey suffered an anoxic brain injury, caused by lack of oxygen to her brain following an opioid overdose and subsequent acute respiratory failure,” the complaint says. “The Bethesda North providers ruled out other causes of Mrs. Tussey’s death, including causes that can result from surgical complications.”

JourneyLite tells FOX19 NOW that the doses of opioids administered to Rachel post-surgery are within the standard of care.

“Anesthesia experts describe 100 micrograms of Fentanyl as ‘baby doses’ and appropriate for pain relief. Further her sudden unresponsiveness in the PACU was not opioid related as multiple doses of Narcan administered to Ms. Tussey had no effect whatsoever,” Uhl said.

“The Ohio Board of Pharmacy audited Journey Lite’s medication records and Ms. Tussey’s chart in the aftermath of this case and found no evidence of any errors or wrongdoing,” he continued.

Alleged staffing issues at JourneyLite

Dr. Shahryar Tork’s complaint also listed some of his concerns over JourneyLite’s PACU employees.

The lawsuit alleges that one of the nurses, identified as Dana Miller, “failed to properly respond” to Rachel’s overdose. The allegations include:

• No expression of urgency
• Failing to report that the patient had been given a high dose of fentanyl and Dilaudid
• Failing to report that the patient was alert before she was given narcotics

“By failing to inform the 911 dispatcher of the fentanyl and Dilaudid, (Dana) Miller prevented EMS dispatch from providing specific pharmacological guidance or preparing the incoming paramedics to immediately address the overdose,” the lawsuit says. “Miller then declined medical instructions from 911 dispatch, simply saying, ‘We will be okay until y’all get to us—thank you!’”

JourneyLite denies these allegations.

The lawsuit also alleges JourneyLite has created a “dangerous culture” in the PACU where nurses intentionally “over-sedate” patients to “reduce their need for active patient care,” including the nurse who allegedly administered narcotics to Rachel, identified as Nurse #1.

“Upon information and belief, before Mrs. Tussey’s surgery, Nurse #1 had been fired from JourneyLite for incompetence and for failing to properly monitor overnight and postanesthesia-care-unit patients,” the complaint says.

Nurse #1 was later rehired due to nepotism, according to the complaint.

JourneyLite also denies these allegations.

Additionally, the lawsuit accuses anesthesiologist Dr. Iwonna Bielawska and certified nurse anesthesiologist Caleb McGuire– of leaving the surgical center less than 30 minutes into “Phase 1 of post-anesthesia care and recovery.”

Dr. Bielawska and McGuire’s representative responded “no comment” to FOX19 NOW’s inquiry.

Lawsuit alleges JourneyLite tried to ‘cover up its errors’

In his complaint, Dr. Shahryar Tork accuses JourneyLite of trying to “cover up its errors” in Rachel’s case.

On March 2, Dr. Tork returned to the facility to perform a separate surgery. Afterward, Dr. Iwonna Bielawska came up to him and said, “100 of fentanyl was way too much for her (Rachel Tussey). She required 100 the whole case,” the complaint says.

Dr. Tork then met with JourneyLite’s administrator Lisa Sprong and clinical director Tracy Evans that day where they asked him to “alter his operative note to support their story,” the complaint alleges. He refused.

The next day, Dr. Tork alleges he returned for another surgery where he noticed the Phase 1 order sheet template was different from the one he had for Rachel’s surgery. In the lawsuit, he alleges Rachel’s Phase 1 order sheet “had been replaced” with the new version.

“The new, fabricated document stated that Dana Miller administered 50 micrograms of fentanyl at 5:20 PM, an additional 50 micrograms at 5:25 PM, and 0.5 milligrams of Dilaudid at 5:47 PM. The document further fabricated that Mrs. Tussey was in ‘8 out of 10’ pain at 5:20 PM and 5:25 PM to justify these dosages,” the complaint alleges. “JourneyLite fabricated the dosage times and the pain scores to try to shift blame for their failures.”

On March 17, Dr. Tork received an email meant for a different doctor from a JourneyLite employee that said “JourneyLite was actively ‘purging files,’” the lawsuit says.

That same day, Rachel passed away in hospice.

“JourneyLite flatly denies that any records were altered or purged and any allegations that they attempted to “cover up” Rachel’s case are false and defamatory,” Uhl wrote in response to the allegation.

Dr. Tork is seeking “compensatory damages in an amount in excess of $25,000 for each claim” listed in the civil suit, including breach of contract and negligent hiring, retention and supervision.

He is also asking his attorney fees be paid for and punitive damages in an amount determined during a jury trial.

Full statements

JourneyLite

“It is unfortunate and somewhat shocking that Dr.Tork claims to be the victim here due apparently to the loss of his reputation in a case where the Tussey family tragically lost Rachel.

Journey Lite had Ms. Tussey’s chart reviewed independently by a Board Certified Anesthesiologist and a Board Certified Forensic Pathologist. With regards to the medications given in the PACU by the Journey Lite nurses, the doses of Fentanyl and Dilaudid were 100% appropriate and administered within the standard of care. Anesthesia experts describe 100 micrograms of Fentanyl as “baby doses” and appropriate for pain relief. Further her sudden unresponsiveness in the PACU was not opioid related as multiple doses of Narcan administered to Ms. Tussey had no effect whatsoever.

The Ohio Board of Pharmacy audited Journey Lite’s medication records and Ms. Tussey’s chart in the aftermath of this case and found no evidence of any errors or wrongdoing.

Journey Lite made multiple requests to the Tussey family through their family attorney that an autopsy be conducted after Rachel’s passing so that the cause of death could be determined. The family refused our requests so the true cause of her death will likely never be known. Pathology experts will opine that 50-60% of suspicious deaths later turn out to be “Sudden Cardiac Death” which is not a myocardial infarction. Pulmonary embolism or fat embolism cannot be ruled out either as the CPR chest compressions will break up and move any clot to the peripheral vessels. Journey Lite conveyed all of these potential causes to the Tussey family through their attorney but the family again refused to allow an autopsy.

Both PACU nurses staffed at Journey Lite had years of experience, were ACLS certified, former ER nurses in local Cincinnati hospital Emergency Rooms and had participated in hundreds of codes. They both undertook heroic measures to try to save Rachel’s life.

Journey Lite flatly denies that any records were altered or purged and any allegations that they attempted to “cover up” Rachel’s case are false and defamatory.”

Mani Ellis & Layne, representing the Tussey Family

“We represent the family of Rachel Tussey, whose tragic and untimely death has left her loved ones seeking answers, accountability, and justice.

First and foremost, our thoughts remain with Ms. Tussey’s family as they continue to mourn a profound and irreplaceable loss.

Our firm is prepared to pursue aggressive legal action to seek appropriate remedies on behalf of the family.”

Associated Anesthesiologists of Springfield representative

No comment.