Larson

FACTS AND PROCEDURAL HISTORY2

In September 2011, Larson filed an earlier action (Earlier Action) to recover for injuries he allegedly sustained while he was a patient at UHS’s hospital. Larson’s complaint in the Earlier Action asserted claims for medical negligence, professional negligence, battery, and intentional infliction of emotional distress against UHS and Shuman. The complaint alleged Larson admitted himself to UHS’s hospital to undergo surgery for kidney stones and Shuman was the anesthesiologist who “assist[ed]” with the surgery. Larson alleged Shuman “forcefully grabb[ed]” and “unnecessarily twisted” his arm during “his pre-operative check up,” “forcefully pried open [Larson’s] mouth without first asking him to open [it],” “abruptly lifted [Larson’s] chin,” “violently pushed [Larson’s] head back on the bed in an effort to put on [Larson’s] mask to administer the anesthesia,” and Shuman “again pressed strongly once more before [Larson] became unconscious.” Larson alleged when he awoke from kidney stone surgery, “his face was badly bruised, swollen, and sore.” Finally, Larson alleged he filed a complaint with UHS and also a police report based on the treatment he…