Lawsuits against Mercy Hospital moved to Newton County Circuit Court

Two lawsuits filed against Mercy Joplin in Jasper County Circuit Court were moved to Newton County on changes
of venue Tuesday.

Newton County resident Lindsay Shaffer filed a malpractice action against Mercy Joplin and acute care nurse practitioner Peter Bates and Dr. Junaid Haroon March 4 alleging four counts of negligence.

Cheryl Brock, an Ottawa County, Oklahoma resident, sued the hospital in December after injuring her face in a hallway fall. More information about her lawsuit can be found in the December 5 Turner Report.

Shaffer lawsuit

From the petition:

On or about March 8, 2024, Plaintiff presented to Mercy Hospital Joplin with shortness of breath and was diagnosed with a right-sided pneumothorax.

Defendant Peter Bates, APRN, performed a chest tube (pigtail catheter) insertion on Plaintiff on March 8, 2024.

Defendant Junaid Haroon, M.D., personally examined Plaintiff on March 8, 2024, participated in formulation of the treatment plan, and assumed thoracic surgery management of Plaintiff’s chest tube.

Defendant Bates placed a right lateral pigtail chest tube at the fourth intercostal space using a finder needle, guidewire, dilator, and 14 French catheter.

During the course of treatment, Plaintiff suffered complications including lung injury, pain, and subsequent medical consequences.

During the course of Defendants’ care and treatment, a metallic needle fragment was left in Plaintiff’s body at or near the T11 vertebral region.

The retained foreign body was not disclosed to Plaintiff at the time of the procedure.

At all relevant times, Defendants owed Plaintiff a duty to timely disclose known complications of the procedure, including the presence of any retained foreign object. Despite knowledge of imaging demonstrating the retained metallic fragment, Defendants failed to disclose this information to Plaintiff and failed to initiate appropriate follow-up evaluation or treatment.

The retained object later interfered with imaging, required neurosurgical evaluation, and created ongoing medical risk.

Upon information and belief, the retention of a metallic needle fragment within a patient’s body during an invasive procedure constitutes a recognized preventable patient safety event within the healthcare industry and would reasonably require internal reporting, investigation, and corrective action by the hospital and its medical staff.

Plaintiff was a 39-year-old female presenting with a right-sided spontaneous pneumothorax. Imaging showed no blebs or bullae.

Defendants failed to investigate or document correlation between Plaintiff’s pneumothorax and menstrual cycle.

Defendants failed to consider catamenial pneumothorax or thoracic endometriosis.

Plaintiff subsequently suffered recurrent pneumothoraces.

Plaintiff ultimately required extensive robotic surgery in February 2026 including hysterectomy and excision of diaphragmatic endometriosis.

Earlier recognition of catamenial pneumothorax would have altered Plaintiff’s treatment pathway and reduced recurrence, progression, and damages.

Because of the actions of the defendant, the petition says, Shaffer suffered lung damage requiring wedge resections; prolonged hospitalization, was discharged home with chest tube and Heimlich valve and has permanent loss of lung tissue and ongoing pain, dyspnea, and impairment.

Shaffer, who is being represented by B. Kyle Kent of Show MO Justice, LLC, Springfield, is suing for negligence concerning chest tube placement and management, the retained foreign object, failure to disclose medical information and failure to diagnose catamential pneumothorax.

Jared Robertson of Malkmus Law, Springfield, representing Mercy Joplin and Dr. Haroon denied all allegations in his response, as did Brent G. Wright of Horn, Aylward & Bandy, LLC, of Kansas City, representing Bates in his response.