NORTH CAROLINA THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BUNCOMBECOUNTY EMA 22, A $39 23CVS 1035 STONE SMATHERS by and tong Richard Nordan, Psq. as Guardia a Litem, ASHLEY SMATHERS, Individually and a parent and natural Guardian of Stone Smathers; and ZEBULON SMATHERS, Individually ‘And as parent and natural guardian of Stone Smathers, DEFENDANTS ANSWER TO PLAINTIFFS’ COMPLAINT ) ) ) ) ) ) Plainitts 5 ) ) ) ) ) ) NOW COME defendants Summer K. Gilmer, MD and Laurel OB-GYN, PAA. (dofendants”) through counsel, answering the complaint of plaints as follows: INTRODUCTION EW 1. Denied. 2, Tris admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus ll allegations contained in paragraph 2 ofthe Complaint are denied 3. This admitted that Mr. Smathers was present with plaintiff mother during porns ofher labor and deliver, Otherwise, denied 4, Defendants lack sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph 4 ofthe Complaint and therefore deny same.5. This admited that plaintiffs received certain care and treatment as reflected inthe medical record, which is the best evidence of the content thereof; thus, al allegations contained in paragraph 5 of the Complaint are denied. 6, Its admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence ofthe content thereof; thus ll allegations contained in paragraph 6 ofthe Complaint are denied 7. Wis specifically denied that the fetal heart monitor strip showed signs of fetal distress or inadequate oxygenation, It is admitted that plaintiffs received certain care and treatment as reflected in the medical record, which isthe best evidence of the content thereof; thus, all allegations contained in paragraph 7 ofthe Complaint are denied. 8, Its admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof thus all allegations contained in paragraph 8 ofthe Complaint are denied 9. tis specifically denied that theso defendants breached the standard or care or were negligent in any way. Iti admitted that plaintiffs received certain care and treatment as reflected in the medical record, which is the best evidence of the content thereof; thus, all allegations ‘contained in paragraph 9 ofthe Complaint are denied. 10. Its admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which i the best evidence of the content thereof; thus all allegations contained in paragraph 10 of the Complaint are dened. 11, Any and all allegations thatthe standard of care was breached by defendants, o that defendants were negligent are specifically denied, The remaining allegations contained in paragraph 11 and the purported footnate constitute legal averments or conclusions to which no responsive pleading is required. Otherwise, denied. 12, Denied.PARTIES, JURISDICTION, AND VENUE 13, tis admitted that Richard Nordan has been appointed guardian ad item for minor plaintiff, The remaining allegations inthe complaint are denied for lack of sufficient information and belief 14. Defendants lack sufficient information to form a belief as tothe truth or falsity of the allegations contained in paragraph 14 of the Complaint and therefore deny same. 15, Defendants lack sufficient information to form a belief as to the truth or falsity of 3 and therefore deny same the allegations contained in paragraph 15 of the Compl 16. Denied. 17. Admitted 18. It is admitted that « physician-patient relationship existed between Dr. Gilmer, plaintiff mother and minor plaintiff ducing ther teatment on March 19 and 20, 2020. Otherwise, denied. 19, It is admitted that Dr. Gilmer is a competent, well-educated and well-trained physician, Otherwise, denied. 20, Admitted. 21. Itisadmitted that Laurel Ob-Gyn operated as an obstetrics and gynecology practice Otherwise, denied, 22. tis admitted that Laurel Ob-Gyn operated as an obstetrics and gynecology practice {in March 2020, Otherwise, denied 23, Admit 24, Denied 25, Denied 26. Admied 27. Denied28, Defendants lack sufficient information to form a belief as tothe truth or falsity of, the allegations contained in paragraph 28 of the Complaint and therefore deny same. 29. Denied, 30. The allegations contained in paragraph 30 of the Complaint constitute legal averments, conclusions, and opinions such that no responsive pleading is required pursuant tothe North Carolina Rules of Civil Procedure; otherwise, denied 31, The allegations contained in paragraph 31 of the Complaint constitute legal averments, conclusions, and opinions such that no responsive pleading is required pursuant to the ‘North Carolina Rules of Civil Procedure; otherwise, denied. 32, Its admitted that Dr. Gilmer and other physicians employed by Laurel Ob-Gyn provided on-call coverage at Mission Hospital. Otherwise, denied 33. Denied 34. Denied 35. Denied 36. Denied 37. The allegations contained in paragraph 37 of the Complaint constitute legal ed pursuant to the averments, conclusions, and opinions such that no responsive pleading is req ‘North Carolina Rules of Civil Procedure; otherwise, denied 38, The allegations contained in paragraph 38 of the Complaint constitute legal averments, conclusions, and opinions such that no responsive pleading is required pursuant to the North Carolina Rules of Civil Procedure; otherwise, denied. NaTU “TION 39. The allegations contained in paragraph 39 of the Complaint constitute legal verments, conclusions, and opinions such that no responsive pleading is required pursuant to the North Carolina Rules of Civil Procedure; otherwise, denied.40, The allegations contained in paragraph 40 of the Complaint constitute legal verments, conclusions, and opinions such that no responsive pleading is required pursuant tothe North Carolina Rules of Civil Procedure; otherwise, denied, 41, The allegations contained in paragraph 41 of the Complaint constitute legal averments, conclusions, and opinions such that no responsive pleading is required pursuant tothe [North Carolina Rules of Civil Procedure; otherwise, denied. 42. To the extent the substance of paragraph 42 constitutes factual averments, denied 43. Defendants reallege their answers to the allegations contained in paragraph 1 through 42of the Complaint which are hereby incomporated by reference herein as ifthe same were fully set forth 44, Ibis admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof; thus all allegations contained in paragraph 44 of the Complaint are denied. 45. is admited dha plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus, al allegations contained in paragraph 45 ofthe Complaint are denied, 46. Ibis admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which i the best evidence of the content thereof; thus all allegations contained in paragraph 46 of the Complaint are denied. 47. Denied, 48, It is admitted that plaintiffs received certain care and treatment as reflected in the medical record, which is the best evidence of the content thereof; thus, al allegations contained in paragraph 48 of the Complaint are denied. 49. It is admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which i the best evidence of the content thereof; thus al allegations contained in paragraph 49 of the Complaint are denied.50. Tt is admitted that Dr. Gilmer provided care and treatment to plaintiff mother and ‘minor plaintiff: Otherwise, denied. 1. tis admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which isthe best evidence of the content thereof; thus, al allegations contained in paragraph 51 of the Complaint are denied Facts “LAIMS 52, Defendants reallege their answers to the allegations contained in paragraphs 1 through 51 of Plaintiffs" Complaint which are hereby incorporated by reference herein as if he same were fully set forth 53, Its admitted that plaitffs received certain care and treatment as reflected inthe ‘medical record, which i the best evidence ofthe content thereof; thus, ll allegations contained in paragraph $3 of the Complaint are denied. ‘54, IL is admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus al allegations contained in paragraph 54 ofthe Complaint are dened. 55. Itis admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical recotd, which i the best evidence ofthe content thereof; thus ll allegations contained in paragraph 55 of the Complaint are denied. 56. Denied, 57. is admitted that plaintfls received certain care and treatment as reflected inthe ‘medical record, which is the best evidence ofthe content thereof; thus al allegations contained in paragraph 57 ofthe Complaint are denied. 58, Iti admitted that plaimffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence ofthe content thereof; thus all allegations contained in paragraph 58 of the Complaint are denied.59, tis admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which isthe best evidence of the content thereof; thus al allegations contained in paragraph 59 ofthe Complaint are denied 60. Denied. 61. This admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence ofthe content thereof; thus all allegations contained in paragraph 61 of the Complaint are denied. 62, is admitted tha plaintiffs received certain care and treatment as reflected inthe ‘medical record, which isthe best evidence of the content thereof; thus, al allegations contained in paragraph 62 ofthe Complaint are denied. 63. Its specifically denied that AROM increases the risk of injury to mother or fetus. {All remaining allegations contained in paragraph 63 of the Complaint are denied 64, tis admitted that Dr. Gilmer timely and properly evaluated plaintiff mother and ‘complied with the standard of care in all respects, Otherwise, all remaining allegations contained in paragraph 64 of the Complaint are denied, 665. Its admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which i the best evidence ofthe content thereof; thus, ll allegations contained in paragraph 65 of the Complaint are denied. 66. tis admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence ofthe content thereof; thus al allegations contained in paragraph 66 of the Complaint are denied. 67. Iki specifically denied thatthe period of time Pitocin was administered, or the dosage increases of Pitocin, caused any harm to plaintiff mother or minor plaintiff in this ase ‘Otherwise ll remaining allegations contained in paragraph 67 of the Complaint are denied. 68. It is specifically denied that plaintiff mother's active phase of labor caused any harm to plaintiff mother or minor plaintiff. Otherwise, all remaining allegations contained in paragraph 68 of the Complaint are denied.69, Ttis specifically denied that either plaintiff mother or minor plaintiff showed signs ‘or symptoms of not tolerating labor. Otherwise, all remaining allegations contained in paragraph (69 ofthe Complaint are denied. 70, Itis specifically denied that minor plaintiff showed abnormal or concerning signs or symptoms on the electronic fetal heart monitor. I is further denied that a c-section was not timely performed. Otherwise, all remaining allegations contained in paragraph 70 of the Complaint are denied ‘7. Itis admitted hat plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus, all allegations contained in paragraph 71 of the Complaint are denied. 72. Wis specifically denied thatthe fetal heart tracing showed concerning signs. It is ‘admitted that plaintifs received certain care and treatment as reflected inthe medical record, which is the best evidence of the content thereof thus, all allegations contained in paragraph 72 of the ‘Complaint are denied. 73, tis admitted that plaintiffs received certain eare and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof; thus al allegations contained in paragraph 73 of the Complaint are denied. 74, It is specifically denied that plaitiff mother's Pitocin dosing was improper or negligent in any way, or that it otherwise caused any harm to plaintiff mother or minor plintift, Otherwise ll remaining allegations contained in paragraph 74 of the Complaint ate denied. 75. Ibis admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus al allegations contained in paragraph 75 of the Complaint are denied. 76, {tis admited that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus, al allegations contained in paragraph 76 ofthe Complaint are denied, 77. Itis specifically denied that Dr. Gilmer was informed that plaintiff mother or minor plaints course was concerning. Itis admitted that plaintiffs received certain care and treatmentas reflected in the medical record, which isthe best evidence of the content thereof; thus, all allegations contained in paragraph 77 of the Complaint are denied 78, Itis admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which isthe best evidence of the content thereof; thus al allegations contained in paragraph 78 of the Complaint are denied, 79. Denied 80. Its denied that the electronic fetal monitor was abnormal or concerning, It is admitted that plaintiffs received certain care and treatment as reflected inthe medical record, which is the best evidence of the content thereof; thus, all allegations contained in paragraph 80 of the ‘Complaint are denied. 81. Denied, 82, Itis specifically denied thatthe fetal heart monitor showed abnormal or concerning signs. It is admitted that plaintiffs received certain cate and treatment as reflected inthe medical record, which is the best evidence of the content thereof; thus, all allegations contained in paragraph 82 of the Complaint are denied. 83, lis specifically denied that the fetal heart monitor showed abnormal or concerning signs, It is admitted that plaintiffs received certain care and treatment as reflected in the medieal record, which is the best evidence of the content thereof; thus, all allegations contained in paragraph 83 of the Complaint are denied, 84. Denied 85. Itis specifically denied chat plaintiff mother developed a cervieal tear or laceration during pushing. Its admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, which is the best evidence ofthe content thereof; thus al allegations contained in paragraph 85 of the Complaint are denied. 86, Denied,87. Its admitted that plaintiffs received certain care and treatment as reflected inthe snedical record, which is the best evidence of the content thereof; thus, all allegations contained in paragraph 87 ofthe Complaint are denied. 88, tis specifically denied that minor plaintiff's head was lodged inside the birth canal, Otherwise, denied for lack of sufficient information and belief 89. Itis specifically denied that meconium during pushing was a sign of fetal distress. It is admitted that plaintiffs received certain care and treatment as reflected in the medical record, ‘hich isthe best evidence ofthe content thereof; thus all allegations contained in paragraph 89 of the Complaint are denied. 90, Itis specifically denied that minor plaintiff's head was compressed inside the birth canal, Itis admitted that plaintfs received certain care and treatment as reflected in the medical record, which is the best evidence of the content thereof; thus, all allegations contained in paragraph 90 of the Complaint ate denied. 91. Denied 92. Denied 93. Denied 94. Denied 95. Denied 96. Denied 97. Denied 98. Denied 99. Denied 100. Ibis specifically denied that these defendants breached the standard of care or were negligent in any way. Otherwise, denied, 101, tis specifically denied that these defendants breached the standard of care or were negligent in any way. Otherwise, denied,102, Itis specifically denied that these defendants breached the standard of care or were negligent in any way. Otherwise, denied 103. Denied. 104. Denied. 105, Denied. 106, Ibis specifically denied that these defendants breached the standard ofeare or were negligent in any way. Otherwise, denied 107, Ibis specifically denied that these defendants breached the standard of eare or were negligent in any way. Otherwise, denied 108. It is admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof; thus all allegations contained in paragraph 108 of the Complaint are denied 109, Ie admitted that plains received certs eae aid Meutwent as seflected ia the ‘medical record, which isthe best evidence of the content thereof; ths, al allegations contained in paragraph 109 of the Complaint are dened. 110, The allegations contained in paragraph 110 ofthe Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied 111, ‘The allegations contained in paragraph 111 of the Complaint pertain to defendants other than these defendants and no responsive pleading is roquited; alternatively, denied, 112, Its admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof; thus, all allegations contained in paragrap 112 ofthe Complain ae denied, 113, Defendants lack sufficient information to form a belief as to the Guth oF falsity of allegations contained in paragraph 113 ofthe Complaint and therefore deny same. 114, It is admitted that plaintiffs received certain care and treatment as reflected in the medical record, which isthe best evidence of the content thereof; thus, al allegations contained in paragraph 114 of the Complaint are denied.115. Defendants lack sufficient information to form a belief as tothe truth oF falsity of allegations contained in paragraph 115 of the Complaint and therefore deny same. 116, Denied. 117, It is admitted that plaintiffs received certain care and treatment as reflected inthe ‘medical record, whichis the best evidence of the content thereof; thus al allegations contained in paragraph 117 of the Complaint ate denied. 118, It is admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof; thus all allegations contained in paragraph 118 of the Complaint are denied, 119, Defendants lack sufficient information to form a belief as to the truth or falsity of allegations contained in paragraph 119 ofthe Complaint and therefore deny same. 120, It is admitted that plaints received certain care and treatment as reflected in the ‘medical record, which i the best evidence ofthe content thereof; thus, ll allegations contained in paragraph 120 ofthe Complaint are denied. 121. Denied. 122. It is admitted that plains received certain care and treatment as reflected in the ‘medical record, which is the best evidence ofthe content thereof; thus ll allegations contained in paragraph 122 ofthe Complaint are denied, 123. Denied 124, Denied 128. Denied 126, Iris admited that plain recived cea care and treatment a reflected inthe ‘medical record, which is the best evidence ofthe content thereof; thus, all allegations contained in paragraph 126 ofthe Complaint are denied, 127. It is admitted that plaintiffs received certain care and treatment as reflected in the medical record, which is the best evidence of the content thereof; thus, al allegations contained in paragraph 1272 of the Complaint are denied.128. It is admitted that plaintiffs reveived certain care and treatment as reflected inthe ‘medical record, which is the best evidence of the content thereof; thus all allegations contained in paragraph 128 of the Complaint are denied. 129, It is admitted that plaints received certain care and treatment as reflected inthe medical record, which isthe best evidence of the content thereof; thus, al allegations contained in paragraph 129 of the Complaint are denied. 130, It is admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof; thus all allegations contained in paragraph 130 of the Complaint ate denied. 131. Denied. 132. IL is admitted that plaintiffs received certain care and treatment as reflected in the ‘medical record, which is the best evidence of the content thereof thus all allegations contained in paragraph 132 of the Complaint ate denied. 133. Denied 134, Denied 135. Denied 136, Denied (CLAIM FOR RELIEF Eirst Claim for Re Negligence, Gross Negligence, and Reckless Disregard of Defendant Gilmer 137, Defendants reallege their answers to the allegations contained in paragraphs 1 ‘through 136 of plaintiff Complaint which are hereby incorporated by reference herein as ifthe same were fully set forth 138, Denied, and all subparagraphs thereof, 139, Denied.140, Denied. 141. Denied. 142, Denied. ‘econd Claim for Relief Agency/Respondeat Superior of Defendant Laurel OB-G¥N For the Conduct of Defendant Gilmer 143. Defendants reallege their answers to the allegations contained in paragraphs 1 ‘through 142 of plaintiffs” Complaint which are hereby incorporated by reference herein as if the same were fully set forth M4, Dene. 145. Denied. ‘Third Claim for Relict Negligence of Defendant Laurel OB-GYN 146. Defendants reallege their answers to the allegations contained in paragraphs 1 trough 145 of plaintiffs’ Complaint which are hereby incorporated by reference herein as ifthe same were fully set forth 147. Denied 148. Denied, and all subparagraphs thereof 149, Denied SOINT AND SEVERAL LIABILITY OF ALL DEFENDANTS 150, Defendants reallege their answers to the allegations contained in paragraphs 1 through 149 of plaintiffs’ Complaint which are hereby incorporated by reference herein as ifthe same were fully set forth, 151. Denied.RULE 9(j) AND CONSTITUTIONAL OBJECT 152, Defendants reallege their answers to the allegations contained in paragraphs | through 151 of plaintiffs’ Complaint which are hereby incorporated by reference herein as ifthe same were flly et forth 153, The allegations contained in paragraph 153 of the Complaint constitute legal averments and conclusions to which no responsive pleading is required; altematively, denied 154, The allegations contained in paragraph 154 of the Complaint constitute legal averments and conclusions to which no responsive pleading is required; alternatively, denied, 155. The allegations contained in paragraph 155 of the Complaint constitte legal averments and conclusions to which no responsive pleading is required; alternatively, denied OTHER CONSTITUTIONAL OBJECTIONS 156. Defendants reallege their answers to the allegations contained in paragraphs 1 through 15S of plaintiffs’ Complaint which are hereby incorporated by reference herein as iF the same were fully set forth, 157, ‘The allegations contained in paragraph 157 of the Complaint constitu legal averments and conclusions to which no responsive pleading is required; alternatively, denied 158, The allegations contained in paragraph 158 of the Complaint constitute legal averments and conclusions to which no responsive pleading is required; alternatively, denied, 159, The allegations contained in paragraph 159 of the Complaint constitute legal ‘averments and conclusions to which no responsive pleading is required; alternatively, denied, 160, The allegations contained in paragraph 160 of the Complaint constitute legal averments and conclusions to which no responsive pleading is require; alternatively, denied 90-3 3 OBJECTION TO AND INAPPLICABILITY OF 161, The allegations contained in paragraph 161 of the Complaint constitute legal averments and conclusions to which no responsive pleading is required; alternatively, dened162. ‘The allegations contained in paragraph 162 of the Complaint constitute egal averments and conclusions to which no responsive pleading is required; alternatively, denied, inchuding all subparagraphs thereof, 163, ‘The allegations contained in paragraph 163 of the Complaint constitute leg verments and conclusions to which no responsive pleading is required; alternatively, denied 164. ‘The deposition refered to is the best evidence of the content thereof; hence, the remaining allegations in paragraph 164 of the complaint are denied. 165. The allegations contained in paregraph 165 ofthe Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied, 166. ‘The allegations contained in paragraph 166 of the Complaint pertsin to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied 167, ‘The allegations contained in paragraph 167 of the Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied, 168. The allegations contained in paragraph 168 of the Complaint pertin to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied 169. The allegations contained in paragraph 169 of the Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied, 170. The allegations contained in paragraph 170 ofthe Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied. 171, ‘The allegations contained in paragraph 171 of the Complaint pertain to defendants other than these defendants and no responsive pleading i required; alternatively, denied, 172. The allegations contained in paragraph 172 of the Complaint pertain to defendants ‘other than these defendants and no responsive pleading is requied; alternatively, denied, 173, ‘The allegations contained in paragraph 173 of the Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied 174, ‘The allegations contained in paragraph 174 of the Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied.175. The allegations contained in paragraph 175 ofthe Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied. 176, The allegations contained in paragraph 176 ofthe Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied. 177, The allegations contained in paragraph 177 of the Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied. 178. ‘The allegations contained in paragraph 178 of the Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied 179, The allegations contained in paragraph 179 of the Complaint pertain to defendants other than these defendants and no responsive pleading is requited; alternatively, denied 180, The allegations contained in paragraph 180 of the Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied, 181. ‘The allegations contained in paragraph 181 of the Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied 182, The allegations contained in paragraph 182 ofthe Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied. 183. ‘The allegations contained in paragraph 183 of the Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied. 184, The allegations contained in paragraph 184 ofthe Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, denied 185, The allegations contained in paragraph 185 of the Complaint pertain to defendants other than these defendants and no responsive pleading is required; alternatively, denied, TIONS ATURE 186, Defendants reallege their answers to the allegations contained in paragraphs 1 through 185 of plaintiffs’ Complaint which are hereby incorporated by reference herein as ithe same were fully set forth.187. The allegations contained in paragraph 187 of the Complaint pertain to defendants ‘other than these defendants and no responsive pleading is required; alternatively, dened. AND FOR A FIRST AND FURTHER ANSWER AND DEFENSE to the complaint, defendants allege and say ‘The complain ails to state a claim upon which relief may be granted and should therefore be dismissed pursuant to Rule 12(6)(6) of the North Carolina Rules of Civil Procedure. AND FOR A SECOND FURTHER ANSWER AND DEFENSE to the complaint, defendants allege and say: Plaintiffs have failed to mitigate any alleged damage, which is pleaded in bar or reduction of any recovery by plaints AND FOR A THIRD FURTHER ANSWER AND DEFENSE to the complaint, defendants allege and say: Any and all services which were provided by these answering defendants were done so in accordance with the applicable standard of care in accordance with reasonable eare and diligence, and pursuant to their best judgment, 1o the extent such judgment was required under the circumstances all of the same being pled in bar of plaintifs’ sight to recover anything of these answering defendants in this action. AND FOR A FOURTH FURTHER ANSWER AND DEFENSE to the complaint, defendants allege and say: defendants were negligent, which is expressly denied, then sctions ofthese defendants were not & proximate cause of any injury to plainfis, as there were other primary intervening and superseding causes of such injury unrelated to any cate rendered by any health care provider such that the doctrine of intervening, superseding and insulating causation is hereby pleaded in bar of any recovery by plaintfs of these defendants AND FOR A FIFTH FURTHER ANSWER AND DEFENSE to the complaint, these defendants allege and say ‘Asalleged inthe Complaint, the care during which the alleged harm or damage was sustainedby plants occurred while defendants were providing health care services to plaintifisin good ft, during the Covid-19 pandemic, pursuant to the Cavide19 emergency rule and during the period of Governor Rey Cooper's Executive Order No. 116, and the care provided to plaintiffs was a result of the Covid 19 pandemic, such that defendants have immunity from any civil liability for plaints alleged injuries, whichis pleaded in bar to any recovery by plaintiff, WHEREFORE, defendants respectfully pray the court that: 1. Plaintiffs have and recover nothing of defendants and that plaintiffs’ action as to defendants be dismissed 2. The costs of this action, including reasonable attorney's fees, be taxed against plaints; ‘This ation be tried by a jury; and, 4, The court grant such other and further relief ax shall be just and proper. Tristte SY) aay or_O Yaa 7023 ‘Kevin B, Cartledge, NCSB #24167 Attomeys for Defendants OF COUNSEL: (COFFEY LAW PLLC 158 East Kinderton Way Bermuda Run, NC 27006 Tel: (336) 940-3009 Fax: (336) 940-3119 TCofley@CoffevLawPLLC.com KCanledge(@Coffeyl awPLLC.comCERTIFICATE OF SERVICE The undersigned counsel hereby certifies that on this date was served a copy of the foregoing ANSWER TO PLAINTIFFS’ COMPLAINT upon counsel of record by electronic ‘mail or depositing a copy thereof in the United States mail, postage prepsid and addressed as follows: Robert Zaytoun (rzaytoun@zaytounlaw.com) ‘Matthew D. Ballew (mballew@izaytouniaw.com Paul J. Puryear, Jt (pjpurysani@lzavtounlaw.com) Zaytoun & Ballew 3130 Fairhill Drive, Suite 100 Raleigh, NC 27612 This the {44 day of _ PV |p. 2023, ira, Coffey NESB A988, ‘Kevin B. Carlledge, NCSB #24167 ‘Attorneys for Defendants (OF COUNSEL’ ‘COFFEY LAW PLLC 138 East Kinderton Way Bermuda Run, NC 27006 Tel: (336) 940-3009 Fax: (336) 940-3119 ‘TOofley@CoffeyLawPLLC.com KCanledgei@CoffeyLawPLLC.com