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ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF RICHLAND ) Case No.: 2020-CP-40-______ Geraldine Deloris Bedenbaugh, ) ) Plaintiff, ) ) SUMMONS vs. ) ) Encompass Health Rehabilitation ) Hospital of Columbia, Inc. ) ) Defendant. ) ____________________________________) YOU ARE HEREBY SUMMONED and required to Answer the Complaint in this action, a copy of which is served upon you, and to serve a copy of your Answer to the Complaint on the subscriber at his office at 1517 Hampton Street, Columbia, South Carolina 29201, within thirty (30) days of service, exclusive of the date of service; and if you fail to Answer the Complaint within that time, judgment by default will be rendered against you for the relief demanded in the Complaint. Respectfully submitted, s/ Richard A. Jones III #100654 S. Randall Hood John G. Felder, Jr. Richard A. “Trey” Jones III McGowan, Hood & Felder, LLC 1517 Hampton Street Columbia, SC 29201 Telephone: (803) 779-0100 Facsimile: (803) 256-0702 [email protected] Columbia, South Carolina [email protected] May 22, 2020 [email protected] 1 ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS ) COUNTY OF RICHLAND ) Case No.: 2020-CP-40-______ Geraldine Deloris Bedenbaugh, ) ) Plaintiff, ) ) COMPLAINT vs. ) (JURY TRIAL DEMANDED) ) Encompass Health Rehabilitation ) Hospital of Columbia, Inc., ) ) Defendant. ) ____________________________________) Plaintiff, by and through her undersigned counsel, hereby submits her Complaint against the Defendant, and respectfully alleges as follows: SUMMARY OF EVENTS 1. Geraldine Deloris Bedenbaugh was born the only child to Jeremiah and Annie Bell Green in Columbia, South Carolina on June 2, 1942. At the age of seven, Geraldine was diagnosed with Rheumatic Fever and was not expected to live past the age of 32. 2. Geraldine defied the odds and survived that disease. She was married and had two daughters in the 1970s. After only three years of marriage, Geraldine’s husband left the family, leaving her to raise the daughters alone. 3. Geraldine supported her family by working for 24 years as an educator in the South Carolina public school system. After her retirement in 2005, Geraldine was appointed as the second-ever female to serve as Chair of the Trustees for Trinity Baptist Church—the church to which she has belonged as a member for 77 years. Her involvement with Trinity extended to teaching Sunday School and Vacation Bible School for many years. 2 ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 4. In 2018, Geraldine lost her eyesight due to vascular occlusion. This change in her life dramatically increased the importance and necessity of verbal communication to ensure Geraldine’s wellness and safety. 5. COVID-19 is a new respiratory virus first identified in Wuhan, China which has now spread throughout the world. On or around March 6, 2020, the virus began spreading in South Carolina. Symptoms of the virus—fever, cough and shortness of breath—can be mild, or in some cases, can be severe enough to require hospitalization. Those at particular risk for more severe Covid-19 illness are individuals 65 years and older and those with underlying health conditions. There is currently no vaccine to protect against the virus. The best way to protect oneself is to take precautions to avoid being exposed to the virus. 6. The World Health Organization, the Centers for Disease Control and Prevention, and other recognized health care authorities were warning the general public (and especially those in health care) that social distancing while symptomatic, washing one’s hands and proper sterilization of surfaces are mandatory in an attempt to stop the spread of the virus. These same health care facilities (including rehabilitation facilities and nursing homes) were on notice that if they did not follow recommended guidelines and safety precautions, they were exposing an entire vulnerable patient population to a deadly virus. 7. On March 6, 2020, Geraldine was admitted to Prisma Health Baptist Hospital for generalized weakness, secondary to low hemoglobin. Her condition improved and on March 13, 2020, she was transferred to Encompass for short-term rehabilitation following her hospitalization. As early as March 18, 2020 Ms. Bedenbaugh overheard an Encompass employee stating that three employees with COVID-19 related symptoms were sent home from work at some time prior to that date. 3 ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 8. Geraldine was aware of the COVID-19 virus and inquired as to Encompass or their employees’ knowledge of anyone at the facility having the virus. She was not trying to ascertain any HIPAA-protected information or prohibited information but was simply trying to ensure that she was safe from the virus. Though she made these inquiries to different Encompass employees, she received no communication regarding any symptomatic employees or residents. 9. Geraldine was discharged home from Encompass on March 26, 2020. On April 1, 2020, she received a letter dated March 28, 2020 from Encompass informing her that several of their employees had tested positive for COVID-19. By that time, Geraldine had become symptomatic and was taken to the hospital where she tested positive for COVID-19. As a result of this viral infection, she required hospitalization for nine days and unwittingly exposed several of her family members to the illness. PARTIES Plaintiff: 10. Plaintiff Geraldine Deloris Bedenbaugh (“Ms. Bedenbaugh”) is a citizen and resident of Richland County, South Carolina, and is a former resident of the Defendant’s Richland County inpatient rehabilitation facility. Defendant: 11. Upon information and belief, Defendant Encompass Health Rehabilitation Hospital of Columbia, Inc. (“Encompass”), is a business corporation organized and existing pursuant to the laws of the State of Delaware which conducts business in Richland County, South Carolina, at 2935 Colonial Drive, Columbia, South Carolina. 4 ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 12. The Defendant had the right and/or power to direct and control its employees and/or agents in the business and they are personally, jointly and severally liable for the acts and omissions committed. 13. The negligent acts, omissions, and liability of the Defendant includes that of their agents, principals, employees, and/or servants, both directly and vicariously, pursuant to principles of corporate liability, apparent authority, agency, ostensible agency, non-delegable duty, and/or respondeat superior. 14. At all times referenced in this Complaint, and as to all allegations in this Complaint, the agents, principals, employees, and/or servants of the Defendant were acting within the course and scope of their employment. 15. The above-named Defendant (through its actions or inactions, or the actions or inactions of its agents and/or employees) is liable for all damages alleged herein since their multiple and separate negligent, grossly negligent, reckless, and/or willful and wanton acts and omissions are a proximate cause of Plaintiff’s damages, injuries and losses. JURISDICTION AND VENUE 16. This Court has subject-matter jurisdiction over this action and the claims set forth in this complaint. 17. This Court has personal jurisdiction over the Defendant pursuant to S.C. Code Ann. § 36-2-802 because the Defendant resides in or has enduring relationships with the State of South Carolina. 18. Venue is appropriate pursuant to S.C. Code Ann. § 15-7-30 because the Defendant has its principal place of business in Richland County and the most substantial part of the acts giving rise to these claims occurred in Richland County. 5 ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 COVID-19 “CORONAVIRUS” FACTS 19. COVID-19 is a new respiratory virus first identified in Wuhan, China which has now spread throughout the world. 20. On or around March 6, 2020, the virus began spreading in South Carolina. 21. The virus has the potential to cause severe illness and pneumonia in some people. 22. The virus can be spread through the air by coughing and sneezing; close personal contact, such as touching or shaking hands; and touching an object or surface with the virus on it, then touching your mouth, nose or eyes. 23. Those at particular risk for more server illness are individuals 65 years and older and those with underlying health conditions. 24. Symptoms of the virus—fever, cough and shortness of breath—can be mild, or in some cases, can be severe enough to require hospitalization. 25. There is currently no vaccine to protect against the virus. The best way to protect oneself is to take precautions to avoid being exposed to the virus. 26. The world, and the medical community (including rehabilitation centers and nursing homes) were warned in late 2019, or at the latest in early 2020, that residents of rehabilitation facilities and nursing homes were susceptible to multiple instances of exposure if facilities were not careful. 27. The World Health Organization, the Centers for Disease Control and Prevention, and other recognized health care authorities were warning the general public (and especially those in health care) that washing one’s hands and proper sterilization of surfaces was mandatory in an attempt to stop the spread of the virus. 6 ELECTRONICALLY FILED - 2020 May 22 10:02 AM RICHLAND COMMON PLEAS CASE#2020CP4002459 28. Those in the rehabilitation and nursing home arena were aware that they had a susceptible patient population and conditions that were ripe for cases to savage their vulnerable residents and patients. 29. These same rehabilitation facilities and nursing homes were on notice that if they did not follow recommended guidelines and safety precautions, they were exposing an entire vulnerable patient population to a deadly virus.

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