Summary of the Third Amended Complaint
Case No. 19-CV-2158 (GAG), U.S. District Court for the District of Puerto Rico
Filed: May 15, 2020
Nature of the Action
Wrongful Death / Medical Malpractice
Brought by Carmen R. Caballero on behalf of her minor son CYCC (12 years old at filing) after the death of the child’s father, Paul Calderon Villamil (39-year-old U.S. Army veteran, 82nd Airborne & Special Forces).
Allegations: Negligence in diagnosis, treatment, and transfer of a patient suffering an acute myocardial infarction (heart attack) at an emergency clinic in Rio Grande, Puerto Rico.
Legal Basis: Puerto Rico Civil Code Articles 1802 & 1803 (general tort/negligence liability).
Damages Sought: At least $2,500,000.
Key Parties
Plaintiff:
- Carmen R. Caballero, representing minor son CYCC (now living in Italy; plaintiff is a Florida resident).
- CYCC inherits his father’s pain-and-suffering claim.
Defendants (Jointly and Severally Liable):
- Caribe Physicians Plaza Corporation d/b/a Caribbean Medical Center-CDT (“CMC”) – Operator of the emergency clinic.
- Medpro Group, Inc. d/b/a The Medical Protective Company (“Medpro”) – Malpractice insurer for CMC.
- Xpress Medical Transport, Corp. – Ambulance company responsible for delayed transfer.
- A, B, C Insurance Companies – Insurers for named defendants.
- E, F, G Insurance Companies – Insurers for unknown tortfeasors.
- John Doe & James Roe – Unknown physicians, nurses, and other healthcare providers.
Core Facts Alleged (February 6–8, 2019)
- Paul Calderon arrived at CMC emergency room with constant, oppressive chest pain, nausea, and vomiting; suspected heart attack.
- ECG at ~12:12 p.m. showed signs of myocardial infarction.
- Dr. Victor M. Grillo saw him; CMC lacked cardiac enzyme testing.
- Decision to transfer to VA Hospital in San Juan; transfer was catastrophically delayed.
- Xpress Medical Transport was called multiple times; ambulance did not arrive until ~6:30 p.m. (over 6 hours after arrival).
- Patient waited hours without adequate monitoring or intervention; Toradol given for pain, but no timely cardiac care.
- Transferred at 6:30 p.m.; at VA, cardiac enzymes confirmed massive heart attack. Thrombolytics given; catheterized next day.
- Paul Calderon died on February 8, 2019.
Alleged Negligence
- Failure to recognize/treat acute heart attack promptly.
- Failure to transfer immediately to a facility capable of cardiac intervention.
- Gross delay in ambulance coordination and arrival.
- Inadequate monitoring, follow-up, and emergency protocols.
Legal Claims (Six Causes of Action)
All grounded in Articles 1802 & 1803 (negligence/malpractice) of the Puerto Rico Civil Code:
- Against CMC and its personnel: Direct liability for hospital’s policies, staffing, monitoring, and transfer failures.
- Against Medpro: Direct insurer liability under P.R. direct-action statute (26 P.R. Laws Ann. §§ 2001 & 2003).
- Against Xpress Medical Transport: Delayed ambulance response breached duty of prompt emergency transport.
- Against A, B, C Insurers: Direct liability for CMC and Xpress.
- Against E, F, G Insurers: Direct liability for unknown tortfeasors.
- Against John Doe & James Roe: Unknown physicians/nurses who provided substandard care.
Damages Sought
- Emotional pain and suffering (loss of father, companionship, guidance): $1,000,000
- Economic support (lost future support): $500,000
- Inherited pain and suffering of the decedent (physical/emotional pain before death): $1,000,000
- Total: Not less than $2,500,000 plus costs, reasonable attorney’s fees, and interest.
- Jury trial demanded
