Jeremy Tussey will proceed with his lawsuit in Cincinnati after a judge denied a motion to dismiss Wednesday. The decision allows wrongful death claims over his wife’s surgical care to proceed directly to the discovery phase.
Hamilton County Judge Christopher McDowell rejected the defense request to throw out the civil action. Rachel Tussey of Franklin died on March 17. Her death came three weeks following tummy tuck surgery at JourneyLite Surgery Center on Feb. 25.
The lawsuit claims Rachel was stable in post-anesthesia care. She then became hypoxic and unresponsive. Doctors later declared her brain dead. She died in hospice care.
Jeremy Tussey’s attorney, Bernard Layne, spoke in the Cincinnati courtroom on Wednesday. “The anesthesiologist abandoned the patient before that patient got through the different levels of recovery,” Layne said.
JourneyLite filed a motion to dismiss the entire case. The center stated the surgeon should be held responsible if anyone is liable. Defense filings argued staff members were named in the suit to harass them.
The defense also argued the husband fails to meet legal criteria for emotional distress. “Jeremy Tussey was observing, and he may have been in the room, but he himself was never in any physical peril,” defense attorney Aimee Muller said.
Layne pushed back against the defense claims before the court. “He watched her lapse into unconsciousness,” Layne said. “He observed her with blue lips.”
Layne added that nursing staff pulled Jeremy in to assist. They had him hold her head up. Staff then placed a bag-valve mask on her face.
A civil motion to dismiss tests the legal sufficiency of a complaint before trial. When a judge denies the motion, the litigation enters the discovery stage. Both parties in Cincinnati must then exchange evidence and take depositions.
The legal case will now continue forward with discovery proceedings.
