STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

LASHANDA COOPER,
Case No: 25- - NO
Honorable:
Plaintiff,

V.

TENET HEALTHCARE, INC.,

VHS OF MICHIGAN, INC.,
VHS SINAI-GRACE HOSPITAL, INC.,
WILFREDO FIGUEROA-BERRIOS, an individual,
Defendants.
/
JAMES J. HARRINGTON IV (P65351)
PAUL G. HUEBNER (P78139)
MATTHEW A. PICCIRILLI (P76550)
Fieger, Fieger, Kenney & Harrington PC
Attorneys for Plaintiff
19390 W. 10 Mile Road
Southfield, MI 48075
(248) 355-5555; Fax (248) 355-5148
[Link]@[Link]

COMPLAINT

There is no other civil action between these parties arising out of the same Transaction or
occurrence as alleged in this complaint pending in this court, nor has any such action been
previously filed and dismissed or transferred after having been assigned to a judge, nor do

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I know of any other civil action not between these parties arising out of the same transaction
or occurrence as alleged in this complaint that is either pending, or was previously filed
and dismissed, transferred, or otherwise disposed of after having been assigned to a judge
in this court.

/s/

NOW COMES The Plaintiff, LASHANDA COOPER, by and through her attorneys,

Fieger, Fieger, Kenney & Harrington, P.C., and for her Complaint against the Defendants, states

as follows:

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 OVERVIEW OF THE COMPLAINT

Plaintiff LASHANDA COOPER presented to Sinai Grace Hospital August 8, 2024, for

treatment of Chronic Obstructive Pulmonary Disease (COPD). She presented through the

emergency department seeking competent, safe medical treatment. While in the hospital,

LASHANDA COOPER was sexually assaulted by a Defendant employed by SINAI GRACE

HOSPITAL as a staff nurse, Defendant FIGUEROA-BERRIOS. Under the guise of adjusting a

catheter, when LASHANDA COOPER did not have a catheter, he proceeded to sexually assault

her.

Unbeknownst to LASHANDA COOPER, SINAI GRACE HOSPITAL had hired,

Defendant FIGUEROA-BERRIOS who had previously been fired from another hospital due to

multiple complaints of sexual misconduct, had been arrested for an assault in 2019, expressed

concerning and sexually suggestive/inappropriate social media posts, as well as multiple other acts

of misconduct that Defendant SINAI GRACE HOSPITAL was aware of or reasonably should have

been aware of. In light of this, Defendant SINAI GRACE HOSPITAL wrongfully and recklessly

hired Defendant FIGUEROA-BERRIOS and allowed him to not only be employed but placed into

a position of trust that he predicably debased and proceeded to sexually abuse and assault

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numerous patients while at Defendant SINAI GRACE HOSPITAL.

PARTIES AND JURISDICTION

1. At all times relevant, Plaintiff, Lashanda Cooper was a resident of The City of

Detroit, County of Wayne, State of Michigan.

2. Defendant Tenet Healthcare, Inc. (hereinafter, "Tenet"), is a foreign for-profit,

publicly traded healthcare services company headquartered in Dallas, Texas; operating hospital

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facilities nationwide including in the City of Detroit, County of Wayne, State of Michigan through

a group of healthcare facilities referred to as the Detroit Medical Center (DMC).

3. Defendant, VHS of Michigan, Inc. (hereinafter, "VHS of Michigan"), is a foreign

for-profit corporation that owns and operates the DMC, including VHS SGH, in the City of Detroit,

County of Wayne, State of Michigan.

4. Defendant, VHS Sinai Grace Hospital, Inc. (hereinafter "SGH" or "Sinai- Grace

Hospital"), is a foreign for-profit corporation that owns and operates SGH, which is part of the

DMC and therefore also operates in the City of Detroit, County of Wayne, State of Michigan.

5. At all times relevant, Tenet Health Care, owned, operated, staffed, controlled,

managed, and/or otherwise supervised the operations of SGH, at which the below described

incident occurred.

6. At all times relevant the Defendant Wilfredo Figueroa-Berrios, R.N., was an

employee, agent, and/or representative of the SGH.

7. The amount in controversy exceeds Twenty-Five Thousand ($25,000.00) Dollars,

exclusive of costs, interest, and attorneys’ fees, and is otherwise subject to the jurisdiction of this

Court.

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8. Venue and jurisdiction are properly vested in this Court as the events at issue

occurred in the City of Detroit, County of Wayne, State of Michigan.

GENERAL ALLEGATIONS

9. Plaintiff realleges and incorporates by reference the allegations contained in the

previous paragraphs as if restated fully herein.

10. The DMC's largest and only full-service adult hospital is SGH, a 383-bed hospital

and designated Level Two trauma center that primarily serves low-income, high acuity urban

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residents—often reporting financial deficits.

11. More recently, the DMC hospital system was purchased by Vanguard Health

Systems ("VHS") in 2010.

12. VHS went public the next year, in 2011 and then was purchased by Tenet Health

Care in 2013. That purchase included Tenet acquiring the DMC and its affiliate hospitals including

SGH.

13. At all times material and relevant herein, Defendants Tenet, VHS of Michigan, and

SGH owned, occupied, operated, and maintained the premises on which SGH is located—6071

West Outer Drive, Detroit, Michigan 48235.

14. Providing staff to meet patients' needs in a safe manner—free from abuse is an

essential administrative requirement for all hospitals; however, Tenet Health Care—like many for

profit hospitals—targeted nursing and hiring expenditures related to staff to reduce operational

costs and increase profitability.

15. In 2024, the Michigan Department of Health and Human Services ("MDHHS")

assessed SGH's compliance with Chapters 7 and 7 A of the Michigan Mental Health Code

("MHC") and the MDHHS Administrative Rules. SGH received a score of 149 points out of a

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possible 346 points and was noted to be in "LESS THAN SUBSTANTAL COMPLIANCE" with

standards specifically designed to protect patient rights.

16. According to MDHHS metrics, a hospital must score at least 277 out of 346 points

to be in 'full compliance.' SGH, with a score of 149 points, falls well below this threshold.

17. MDHHS identified significantly concerning deficiencies and/or practices at SGH,

in violation of MCL 330.1755, MCL 330.1722, and MCL 300.1788 and their various subsections,

including, but not limited to:

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 a. An absence of policies ensuring complainants' protection from

harassment or retaliation rights-related activities;

b. Contracts missing required provisions mandating rights training

and adherence to rights protection policies, including

cooperation with investigations;

c. A failure to notify patients of advocacy organizations or offer

assistance in preparing rights complaints;

d. An absence of a record system or log for all reports of apparent

or suspected rights violations;

e. Staff not receiving rights-protective training within 30 days of

hire;

f. A complete absence of training materials on recipient rights;

g. Rights complaints not being sent to the complainant with an

acknowledgment letter in 84% of case;

h. Immediate investigations not being conducted in 25% of abuse,

neglect, serious injury, or death cases involving apparent or

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suspected rights violations;

i. Investigation activities, including interview notes, documents

reviewed, policies, and other sources of evidence pertaining to

the investigation, not being accurately recorded in 41 % of cases;

j. A final written investigative report not being sent to the Hospital

Director upon completion of the investigation in 25% of cases;

k. The Hospital Director not submitting a signed written summary

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 report to the complainant in 43% of cases;

l. If a plan of action was identified in a summary report, follow-up

protocols were not completed, and required notifications to

individuals were not made;

m. Remedial and/or disciplinary action not being documented

within the rights case file in 62% of cases;

n. Written investigative reports not including a statement of the

alleged rights violations in 44% of cases;

o. Written investigative reports not including investigative findings

sufficient to provide a detailed inquiry or a systematic

examination of the allegation in 50% of cases;

p. In more than half of the cases, a written investigative report did

not include a conclusion with an analysis of the findings or a

decision as to whether a violation occurred;

q. In more than half of the cases, a written investigative report did

not include recommendations for appropriate remedial action or

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an attempt to prevent a recurrence of the violation;

r. In 80% of cases involving substantiated abuse or neglect, the

Hospital Director did not ensure that appropriate disciplinary or

preventative action was taken, and;

s. In 50% of cases involving substantiated abuse or neglect, the

Hospital Director did not take remedial action to remedy the

violation or prevent recurrence.

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 18. MDHHS gave SGH an overall score of 60% for compliance with abuse and neglect

reporting policies and 0% for compliance with qualifications and training of rights staff.

19. SGH’s internal policy review further revealed fundamental deficiencies, including,

but not limited to:

a. An incorrect definition of "abuse";

b. An incorrect definition of "neglect";

c. The omission of a definition of "endangerment" in its law-

enforcement reporting policies;

d. An absence of mandatory reporting procedures for abuse or

neglect;

e. No policy requiring timely investigations of suspected rights

violations;

f. A failure to advise complainants of available advocacy

organizations; and,

g. A lack of clarity regarding responsibility for authorizing access

to surveillance footage.

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20. The MDHHS's findings demonstrate system-wide deficiencies linked to Tenet's

understaffing and inadequate supervision.

21. In addition, Sinai-Grace Hospital was given an “F” grade in 2024 by Leapfrog

which is a non-profit advocacy group for healthcare transparency. Leapfrog is a Washington D.C.

based non-profit that represents employers and other healthcare purchasers and aims to improve

healthcare quality and safety through transparency. Leapfrog issues a semi-annual Hospital Safety

Grades based on a 30-metric criterion that includes data from the hospital and the Centers for

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Medicare & Medicaid Services. The report included significant low scores in categories for

“process measures include the management structures and procedures a hospital has in place to

protect patients from errors, accidents and injuries.” Sinai-Grace Hospital declined to respond to

the report.

22. By failing to train their employees, log complaints, investigate violations, and take

appropriate disciplinary and preventative measures, the Defendant Corporations knowingly

created a dangerous environment wherein risks were routinely ignored, placing every patient who

entered SGH in danger.

23. The failures outlined supra were well known to the Corporate Defendants, and at

all times relevant herein said The Defendant Corporations had actual and/or constructive notice of

these systemic failures.

RELEVANT HISTORY OF DEFENDANT WILFREDO FIGUEROA-BERRIOS, R.N.

24. Plaintiff realleges and incorporates by reference the allegations contained in the

previous paragraphs as if restated fully herein.

25. Defendant Wilfredo Figueroa-Berrios ("Nurse Berrios") became a licensed nurse in

2012.

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26. Upon information and belief, Nurse Berrios has exhibited assaultive, dangerous,

and predatory behavior throughout his nursing career.

27. Nurse Berrios repeatedly made alarming and sexually suggestive posts on social

media, including one post in which he wrote, "At the Race for the cure ... so many boobs to take

care of...its a hard job but someone's gotta dot it..." [sic] and further commented, "we could go and

set up a tent to help with self breast examination knowledge renewals. Wouldn't that be sweet?"

28. Nurse Berrios has consistently worked in high-risk emergency room settings

serving vulnerable patient populations.

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 29. In 2019, Nurse Berrios was arrested by the Wayne Police Department on an assault

charge.

30. Upon information and belief, between 2020 and 2021, Nurse Berrios was employed

by a medical facility in Livonia, Michigan, during which time he sexually assaulted multiple

patients.

31. Upon information and belief, the Livonia Police Department investigated, and

continues to investigate, Nurse Berrios for assaults and/or sexual assaults that occurred at the

Livonia medical facility.

32. Upon information and belief, there are at least seven reports with approximately

1,300 pages relating to the investigation of Nurse Berrios.

33. Upon information and belief, there are at least five victims associated with Nurse

Berrios' assaults in Livonia, Michigan.

34. Sometime thereafter, and despite his dangerous history, the Defendant Corporations

employed Nurse Berrios as a nurse at SGH, where he worked overnight shifts primarily. 1

35. Upon information and belief, while employed at SGH, Nurse Berrios assaulted a

female on May 9, 2025, after forcing himself into a porta-potty outside Grand Circus Park in

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Detroit, Michigan.

36. At all times relevant herein, the Defendant Corporations held SGH open to the

public as a medical facility that is safe and diligently monitored through representations such as,

"This is our home too" and "You've come to trust the DMC to be there, to care for you, and to take

1
In October of 2024, the State of Michigan Department of Licensing and Regulatory Affairs ("LARA") conducted a
state licensure survey at SGH and found that the hospital was not in compliance with MCL 333.20173(a), which
requires health facilities to conduct criminal background checks before employing, contracting with, or granting
clinical privileges to an individual who will produce direct services to patients. Specifically, SGH failed to provide
LARA with evidence of fingerprint-based background checks for unit employees during the survey.

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care of the ones you love. The same as you would treat your own family."

37. Despite The Defendant Corporations' assurances, The Defendant Corporations

knowingly and continuously employed Nurse Berrios in high-risk settings and permitted him to

treat patients who were particularly susceptible to exploitation or harm.

38. The Defendant Corporations deliberately disregarded the well-known and inherent

risks posed to the vulnerable populations their facilities are entrusted to protect, choosing instead

to place patients in harm's way by hiring and retaining Nurse Berrios.

SPECIFIC FACTUAL ALLEGATIONS

39. Plaintiff realleges and incorporates by reference the allegations contained in the

previous paragraphs as if restated fully herein.

40. The Plaintiff is a 49-year-old woman with a medical history significant for multiple

conditions, including type II diabetes mellitus, congestive heart failure, chronic hypertension, and

chronic obstructive pulmonary disease (COPD) which was diagnosed in 2023.

41. Since 2023, the Plaintiff has had multiple incidents of respiratory distress related to

her COPD for which she had sought treatment at SGH.

42. The Plaintiff was admitted to SGH on August 8, 2024, and remained admitted as a

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patient overnight into August 9, 2024.

43. According to the records, in the evening of August 8, 2024, Nurse Berrios took over

care of the Plaintiff from Zeinab Berro, R.N.

44. While the Plaintiff was admitted, Nurse Berrios was assigned as her nurse

beginning in the evening of August 8, 2024, and into the morning of August 9, 2024.

45. Nurse Berrios authenticated and performed multiple medication administrations

during his shift to the Plaintiff.

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 46. The multiple medications administered to her, included acetaminophen-

hydrocodone (Norco), duloxetine, cyclobenzaprine, hydroxyzine, and methylprednisolone (for

neuropsychiatric risk)—have strong sedative effect, particularly in combination with one another.

47. The Plaintiff was ambulatory and able to get to the restroom and toilet

independently.

48. Notably, the Plaintiff did not have orders for urinary catheterization, external or

indwelling, during this admission.

49. In the early morning hours of August 9, 2024, Nurse Berrios—under the false guise

of “adjusting” her catheter—entered the Plaintiff’s room.

50. Nurse Berrios then sexually assaulted the Plaintiff when he engaged in proscribed

conduct—touching the Plaintiff’s genitals and/or perianal area—in a way that was sexually

gratifying to him and was unwelcomed and unconsented to by the Plaintiff.

51. Nurse Berrios coerced the Plaintiff by misrepresentations and did physically touch

the Plaintiff’s genitals and/or perianal area—in a way that was sexually gratifying to him and was

unwelcomed and unconsented to by the Plaintiff.

52. As a direct and proximate result of the acts or omissions of the Defendants, the

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Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

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 e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

53. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT I – NEGLIGENCE OF NURSE BERRIOS

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54. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

55. At all times relevant, Defendant, Nurse Berrios, owed a duty to the Plaintiff, to use

ordinary care to ensure her safety and freedom from unlawful physical contact as well as sexual

assault and battery while she was a patient of Defendant, SGH.

56. Defendant, Nurse Berrios, breached the duty of care, amounting to negligence, in

the following ways:

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 a. Failing to refrain from engaging in any form of sexual activity

or conduct with a patient;

b. Failing to refrain from coercing a patient into sexual activity or

conduct;

c. Failing to refrain from engaging in sexual activity with a patient

who is a vulnerable adult, regardless of any alleged consent by

the said vulnerable adult;

d. Violating facility rules and policies as well as Michigan law,

regarding physical and sexual contact with a patient who is a

vulnerable adult;

e. Other acts of negligence yet to be determined.

57. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

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b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

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 i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

58. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT II – SEXUAL ASSAULT AND BATTERY

59. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

60. At all times relevant, Plaintiff was a vulnerable adult and resident of Defendant

DMC

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61. Nurse Berrios engaged in intentional unlawful offer(s) of corporal injury to the

Plaintiff that created a well-founded fear of imminent peril and the apparent, then present, ability

to complete the unlawful injury if not prevented.

62. Nurse Berrios engaged in unconsented, harmful, and/or offensive touching of the

Plaintiff that was sexual in nature and was unwelcomed by the Plaintiff.

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 63. Defendant, Nurse Berrios’s, unlawful, unconsented, and/or unwelcome touching of

the Plaintiff that was sexual in nature was in violation of the applicable common laws, statutes,

and case law of the State of Michigan.

64. The offenses perpetrated upon the Plaintiff by Defendant, Nurse Berrios, were

harmful, extreme, outrageous, and offensive causing severe and permanent emotional and mental

injuries and damages.

65. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

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g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

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 66. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT III – DIRECT NEGLIGENCE OF

THE DEFENDANT CORPORATIONS

67. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

68. At all times relevant, The Defendant Corporations had a duty to the public and to

the Plaintiff in particular to act reasonably under the circumstances, to hire or otherwise employ

or engage only agents and/or employees who do not have a history of sexually predatory or

assaultive behavior directed towards patients, so as to prevent unlawful physical contact and sexual

assaults of its patients.

69. To the extent that The Defendant Corporations had any policy, procedure, or

practice regarding the hiring of agents and/or employees who do not have a history of sexually

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predatory or assaultive behavior directed towards patients, it negligently failed to enforce and/or

properly administer said policies, procedures, and/or practices.

70. At all times relevant, The Defendant Corporations had a duty to the public and to

the Plaintiff in particular to act reasonably under the circumstances, and to adequately train and

supervise its agents and employees, including Nurse Berrios, so as to prevent unlawful physical

contact and sexual assaults of its patients.

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 71. To the extent that The Defendant Corporations had any such policy or practice to

train and supervise its agents and employees to prevent unlawful physical contact and sexual

assaults of its residents, it negligently failed to enforce and/or properly administer said policy.

72. The Defendant Corporations further owed a duty to the public and to the Plaintiff

to use ordinary care to ensure Plaintiff’s safety and freedom from unlawful physical and sexual

conduct while she was a patient of SGH.

73. The Defendant Corporations had actual and/or constructive knowledge that Nurse

Berrios posed a risk of harm to the Plaintiff.

74. Before Nurse Berrios was hired, The Defendant Corporations had actual and/or

constructive knowledge as to the previous dangerous conduct of Nurse Berrios and failed to act

reasonably and responsibly in response.

75. The Defendant Corporations had actual and/or constructive knowledge that Nurse

Berrios committed sexual assault and abuse and/or was continuing to engage in such conduct.

76. Defendants had a duty to protect Plaintiff and others in the Plaintiff's situation

against the risk of injury by Nurse Berrios.

77. The duty to disclose this information arose by the special relationship between The

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Defendant Corporations' hospital-patient relationship with the Plaintiff.

78. The Defendant Corporations breached said duty by failing to take reasonable steps

to protect the Plaintiff from Nurse Berrios.

79. In addition to subjecting Plaintiff to sexual assaults, where The Defendant

Corporations had actual and/or constructive knowledge of Nurse Berrios prior sexual assaults, The

Defendant Corporations breached their duties to protect Plaintiff by failing to investigate and

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terminate Nurse Berrios' employment with The Defendant Corporations prior to his treatment of

Plaintiff.

80. At all times relevant, The Defendant Corporations and its agents and employees

breached the duty of care and were directly negligent in one or more of the following ways:

a. Failing to adequately hire, train, supervise its staff that all sexual

contact with residents is unlawful;

b. Failing to adequately supervise, direct, monitor and control its

staff, including Nurse Berrios;

c. Failing to provide a safe and appropriate environment for

residents free from unlawful physical and sexual contact by its

staff including Nurse Berrios;

d. Failing to take reasonable measures to prevent physical and

sexual contact between residents and staff, once it knew or

should have known that its staff was engaging in unlawful

conduct;

e. Failing to investigate physical and sexual contact between

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residents and staff, once it knew or should have known, that its

staff was engaging in unlawful conduct;

f. Failing to draft, promulgate, adopt, and/or enforce appropriate

rules, regulations, policies, and procedures, which would enable

and engender its resident providers, to render appropriate and

lawful care to residents, including Plaintiff, and ensure the

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 adequacy of the experience level and expertise of these

providers;

g. Failing to perform adequate background and/or reference checks

prior to employment of their providers;

h. Failing to refrain from hiring providers with a background that

included sexual assault, sexual battery, and/or other criminal acts

that would expose patients to risk of being victimized by their

providers;

i. Any other acts of negligence yet to be determined.

81. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

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d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

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 j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

82. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT IV – VICARIOUS LIABILITY OF

THE DEFENDANT CORPORATIONS

83. Plaintiff incorporates the foregoing paragraphs as though fully set forth herein.

84. At all times relevant, The Defendant Corporations had a duty to the public and to

the Plaintiff in particular to act reasonably under the circumstances, and to adequately train and

supervise its agents and employees, including Nurse Berrios, to prevent unlawful physical contact

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and sexual assaults of its patients.

85. Nurse Berrios was an agent, employee, and/or representative of the Defendant

Corporations at all times relevant to this case.

86. At all times relevant, Defendants, Nurse Berrios, was acting within the course and

scope of their employment with Defendant Corporations, thereby rendering The Defendant

Corporations vicariously liable to Plaintiff for all damages caused by the conduct of its agents,

employees, and/or representatives, as alleged passim, under the doctrine of respondeat superior

and/or pursuant to Grewe v. Mt. Clemens General Hospital, 404 Mich. 240 (1978).

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 87. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

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l. All other damages revealed during discovery.

88. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

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 COUNT V – PREMISES LIABILITY
89. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

90. Plaintiff entered the SGH by invitation and for the mutual benefit of Plaintiff and

The Defendant Corporations.

91. The Defendant Corporations were possessors of SGH.

92. The condition of security for SGH, including the inadequate security policies and

procedures, lack of trained and/or supervised staff, and specifically the improper monitoring of

staff with dangerous propensities, posed an unreasonable risk of harm to Plaintiff.

93. The Defendant Corporations had actual and/or constructive knowledge of the

dangerous condition of their employees, particularly Nurse Berrios.

94. The Defendant Corporations had a duty to exercise ordinary care, including the

duty to inspect and make safe any dangerous condition or give adequate warning.

95. The Defendant Corporations breached this duty by failing to adequately warn

Plaintiff of the condition.

96. The Defendant Corporations further breached this duty by failing to make the

Document received by the MI Wayne 3rd Circuit Court.

condition of the hospital safe.

97. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

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 d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

98. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

Document received by the MI Wayne 3rd Circuit Court.

COUNT VI – HOSTILE ENVIRONMENT SEXUAL HARASSMENT
IN VIOLATION OF ELCRA
99. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

100. SGH is a place of public accommodation as defined in Michigan's Elliott-Larsen

Civil Rights Act, MCL §37.2101 et seq. (ELCRA).

101. Nurse Berrios is a person as that term is defined in the ELCRA and is an agent of

The Defendant Corporations.

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 102. As a female, the Plaintiff is a member of a protected class as defined in the ELCRA.

103. The Plaintiff was subject to unwelcome sexual conduct and communication by

Nurse Berrios, based on her sex.

104. That the unwelcome sexual conduct and communication by Nurse Berrios, based

on her sex created a sexually hostile environment which the Plaintiff was subjected to.

105. Given Nurse Berrios’ known and available history and proclivities, his actions

towards the Plaintiff were both foreseeable and preventable by the Defendant Corporations.

106. The Defendant Corporations both created and failed to take prompt and appropriate

remedial action to the sexually hostile environment that existed and persisted at SGH.

107. The Defendants violated the ELCRA and deprived Plaintiff of Plaintiff's civil rights

by, among other things, subjecting Plaintiff, because of her sex, to conduct and communication of

a physical and sexual nature that had the purpose or effect of denying Plaintiff equal access to the

use and privileges of public accommodations.

108. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

Document received by the MI Wayne 3rd Circuit Court.

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

{[Link]} 24
 g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

109. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT VII – QUID PRO QUO SEXUAL HARASSMENT

IN VIOLATION OF ELCRA
110. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

Document received by the MI Wayne 3rd Circuit Court.

111. SGH is a place of public accommodation as defined in Michigan's Elliott-Larsen

Civil Rights Act, MCL §37.2101 et seq. (ELCRA).

112. Nurse Berrios is a person as that term is defined in the ELCRA and is an agent of

The Defendant Corporations.

113. As a female, the Plaintiff is a member of a protected class as defined in the ELCRA.

114. The Plaintiff was subject to sexual advances / requests for sexual favors / other

verbal or physical conduct and/or communication of a sexual nature by Nurse Berrios.

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 115. Nurse Berrios explicitly or implicitly used the plaintiff’s submission to or rejection

of such conduct or communication as a factor in a decision affecting the decision to afford plaintiff

the full and equal enjoyment of a public accommodation or public service.

116. Given Nurse Berrios’ known and available history and proclivities, his actions

towards the Plaintiff were both foreseeable and preventable by the Defendant Corporations.

117. Defendants violated the ELCRA and deprived Plaintiff of Plaintiff's civil rights by,

among other things, subjecting Plaintiff, because of her sex, to conduct and communication of a

physical and sexual nature that had the purpose or effect of denying Plaintiff equal access to the

use and privileges of public accommodations.

118. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

Document received by the MI Wayne 3rd Circuit Court.

d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

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 j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

119. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT VIII – SEX DISCRIMINATION IN VIOLATION OF ELCRA

120. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

121. SGH is a place of public accommodation as defined in the ELCRA.

122. Nurse Berrios is a person as that term is defined in the ELCRA and is an agent of

The Defendant Corporations.

Document received by the MI Wayne 3rd Circuit Court.

123. Plaintiff's sex was at least one substantial factor motivating Nurse Berrios to select

Plaintiff as a victim of his sexual assault.

124. Had Plaintiff been a male, she would not have been targeted as a victim by Nurse

Berrios.

125. By giving Nurse Berrios access to Plaintiff as her treating nurse at SGH, despite

having actual and/or constructive knowledge that Nurse Berrios was a sexual predator, The

Defendant Corporations, through agents, representatives, and/or employees, including Nurse

Berrios were predisposed to discriminate on the basis of Plaintiff's sex and acted in accordance

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with that predisposition.

126. By giving Nurse Berrios access to Plaintiff as her treating nurse at SGH, despite

having actual and/or constructive knowledge that Nurse Berrios was a sexual predator, The

Defendant Corporations, through agents, representatives, and/or employees, including Nurse

Berrios, treated Plaintiff differently from similarly situated male patients who The Defendant

Corporations did not give Nurse Berrios access to in the same way as it freely gave Nurse Berrios

access to Plaintiff and hundreds of other female vulnerable patients, based on unlawful

consideration of sex.

127. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

Document received by the MI Wayne 3rd Circuit Court.

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

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 k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

128. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

COUNT IX – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

129. Plaintiff incorporates the foregoing paragraphs and allegations as though fully set

forth herein.

130. The Defendants' conduct as outlined above was extreme, outrageous, and of such a

character to not be tolerated by a civilized society.

131. Nurse Berrios, when he sexually assaulted the Plaintiff engaged in conduct that was

extreme, outrageous, and of such a character to not be tolerated by a civilized society; and

demonstrating a disregard for whether distress would result because of his conduct.

Document received by the MI Wayne 3rd Circuit Court.

132. Furthermore, Nurse Berrios exhibited throughout his nursing career conduct that

was extreme, outrageous, and of such a character to not be tolerated by a civilized society, to wit,

sexual assault and battery of patients at the various hospitals where he was employed, including at

SGH.

133. The Defendant Corporations by hiring and retaining Nurse Berrios despite his

known and available history and proclivities was conduct that was extreme, outrageous, and of

such a character to not be tolerated by a civilized society.

134. The Defendant Corporations by hiring and retaining Nurse Berrios, despite his

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known and available history and proclivities engaged in conduct that was reckless, demonstrating

a disregard of the likelihood that distress would result.

135. The Defendants' conduct resulted in severe and serious emotional distress that has

manifest physically in the Plaintiff.

136. As a direct and proximate result of the acts or omissions of the Defendants, the

Plaintiff has suffered injuries as well as economic and non-economic damages as described fully

herein. Plaintiff suffered, and continues to suffer the following injuries and damages, including but

not limited to:

a. Physical pain and suffering;

b. Mental anguish;

c. Physical manifestations of emotional distress;

d. Extreme fear, fright, and shock;

e. Guilt, embarrassment, humiliation, and shame;

f. Outrage;

g. Loss of social pleasures and enjoyments;

h. Decreased self-confidence;

Document received by the MI Wayne 3rd Circuit Court.

i. Exacerbation of underlying mental health conditions;

j. Apprehension, fear, and distrust of the medical providers and

facilities;

k. Post traumatic stress disorder;

l. All other damages revealed during discovery.

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 137. The nature of the voluntary, willful, and wanton acts described herein inspire

intense feelings of humiliation, outrage, and indignity in the Plaintiff, intensifying the injury and

entitling the Plaintiff to exemplary damages, in addition to any other damages in this matter.

WHEREFORE, Plaintiff, Lashanda Cooper, respectfully requests this Honorable Court

enter Judgment against the Defendants in an amount more than Twenty-Five Thousand

($25,000.00) Dollars, together with interest, costs, attorney fees, and exemplary damages.

Respectfully submitted by:

FIEGER, FIEGER, KENNEY & HARRINGTON

/s/ Paul G. Huebner

JAMES J. HARRINGTON IV (P65351)

PAUL G. HUEBNER (P78139)
MATTHEW A. PICCIRILLI (P76550)
Fieger, Fieger, Kenney & Harrington PC
Attorneys for Plaintiff
19390 W. 10 Mile Road
Southfield, MI 48075
(248) 355-5555; Fax (248) 355-5148
[Link]@[Link]

Document received by the MI Wayne 3rd Circuit Court.

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