Tuesday, May 12, 2026

Malpractice suit filed against Mercy Carthage, nurse


A malpractice suit filed today in Jasper County Circuit Court alleges a registered nurse at Mercy Carthage administered a medication incorrectly and in the wrong dosage causing a woman to suffer a heart attack.

Listed as defendants in the case are the hospital and Brian C. Stearnes, R. N.

From the petition:

On or about October 20, 2025, at approximately 3:30 a.m., Plaintiff Cynthia Cruz, (hereafter “Cruz”), age 65, presented to the emergency department at Mercy Carthage with complaints of a severe allergic reaction to gluten.

The physician assigned to Plaintiff in the emergency department diagnosed Plaintiff suffering from an allergic reaction and ordered Benadryl, Pepcid, Solumedrol and Epinephrine to be administered in the emergency department.








Defendant Stearnes, RN administered the Benadryl, Pepcid, Solumedrol and Epinephrine by intravenously through an IV.

Immediately upon receiving the epinephrine via IV, Plaintiff began experiencing acute cardiac abnormalities, including episodes of ventricular tachycardia, chest pain, shortness of breath, nausea, and low blood pressure. She also exhibited an elevation of her heart protein, troponin

Plaintiff Cruz was diagnosed with cardiogenic shock and transferred via ambulance to Mercy Hospital Joplin for higher level care.

At Mercy Hospital Joplin, Plaintiff was diagnosed with a non-ST elevated myocardial infarction, acute hypoxic respiratory failure, acute systolic congestive heart failure, and hypotension.

Plaintiff remained hospitalized at Mercy Hospital Joplin for four days until her discharge on October 24, 2025.








The lawsuit alleges medical negligence:

Defendant Mercy Carthage, by and through its employee, including but not limited to Defendant Stearnes, and Defendant Stearnes, individually, breached their duty of care and committed the following acts of negligence and carelessness by failing to measure up to the requisite standards of due care, practice, and skill required by members of their profession, to wit;

a. by injecting the epinephrine intravenously rather than intramuscularly; and

b. by administering the incorrect dose of epinephrine than was ordered.

Cruz, who is represented by Patrick Martucci of the Joplin firm of Johnson, Vorhees and Martucci, is asking for fair and reasonable damages, costs and a jury trial.

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