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HomeMy WebLinkAbout96-01399 I \ , ~ '" '\ J J \J' . ;,) --..)\ (,)'1 ~I I 1 ....f.......... ( ~- , . ~ . - #-! fM HARRJSBURG ORTHOPAEDIC ASSOCIATES, p,c. 2800 GREEN STREET HARRISBURG. PENNSYLVANIA 171lC Phone (717) 23+5976 - 32 NORTHEAST ORNE SUITE 201 HERSHEY. PENNSYLVANIA 17033 Phone (717) 533-2348 Practice Limited To Orthopaedic Surgery February 3, 1997 JOHN S. RKHAK. M.D. TED B. ESHBACH. M.D. BALINT B.\lOG. M.D. ERNEST R. RUBBO. M.D. ROBERT J. MAURER. M,D. FJlANK l. ~IORNER, P,A.-C. - Rttirtd - Clwmpc C. Poo'. M.D. 119S1.1~8~) Wil"',J H, 1.0... MD 11966.19831 s.m",' f. Am""'. M. D. (I971.199lJ ..Rubinate, Jacobs, and Saba 'Donald R. .Dorer, Esquire 214 Sel1at~ ~venue suite 503 Camp Hill, PA i70ll RE: Maney J. Gramm Wacker Dear Atton1e,'Oorer: This is a 51-yeat'-old white female who was involved in an auto- 'mobile accident August 17, 1994. In that accident, she was .. ".rear-::end<3d '.and. -apparently sustained a' whiplash type il1j ury. She '.states 'Ltrere ..was' ,'about $3,OOOI~orth 'of damage to jler Cl1r, but ,.the',.car'."was' no\;. toJ:alled.;,:She states.that she did;not se'3'the "',damage..tc.the'car; it.was'returned to her repaired. - " She was restrained in the accident and noted a substantial ecchymosis to the left shoulder from the shoulder belt. Her vehicle was stationery. She states that she struck the steering wheel ,and developed mild but diffuse numbness in her entire body following the injury. That apparently quickly subsided and over the next several days she had pain and paresthesias in the right arm. She has had increasing pain and weakness in the right arm sine. the injur.J'. The symptoms have grown more severe over the past several months prompting her to return to her, treating neuro- sllrgeon in Philadelphia. That was Dr. Steven Whiteneck. Or. Whitenli'd~ examined her in 1995 and more recently. He advised decompres~ion of the ulnar nerve at the elbow and pending the outcome of that surgery, possible brachioplexus decompression as well. She has also seen at least half a dozen other physicians and medical specialists. She had cervical spins xrays in 1994 but none since. She has had several previous electrodiagnostic studies, the most recAnt one, I have available to.. nl.tiew ,i.s' O.;tober 19, 1995. .' " ~.,:" _... !' I RUbinate, Jacoba & Saba REI NiJn,~,' J. GnllnOl lIi\cklOll' February 3, 1991 Page 'J'wo ~Is. 'OrBlr.',1 also, apparently ,had an M!U study of ,the cervi.;"l opine which waH ul1l:emill'kable,' She. denies any previous significant. in- juries to her neck or.eithor upper extremity. 'She has no com- plaints .i!ll t.he'left upper extl'l.lmity today, She is still world.ng ,liD a bfl,wt:iclan but has diff,i..,ull;,y manipulating l:h~ tOCJln of. her trade. She denies back pain or leg pain. Her past medical history is unremarkable. She denies hyperten- sion, diabetes, liver, kidney, known thyroid disease. She is on no medications and reports no allergies. She is a nonsmoker. For the past three weeks she has been having cervical manipu- lations by a chiropractor which provides no 'significant relief, She states that: the pain and paresthesias are worse at night and awaken her from sleep. 011 .physit:al e:~am, this is an endomorphic plea!lant whH&female who is'coQperative and in no acute distress. She 'has age appro- pr.iate Tango1 of motJ.oll of hAr l1el~k, her loft'sh<1ulder, both elbows, . wrists 1111d 'il11 digits, \;here is 110 deformity ,1r atrophy in 'the left upper. extremity. Ilowever,in the ril]ht. upper ex- tremity, there is barely perceptible atrophy of the right. ulnarly innervated intrinsic muscles. There is mild atrophy of the first dorsal interosseous and of the hypot!lenar eminence compared to the left. She also had mild functional weakness of the left ulnar innervated intrinsic with inability to forcefully adduct the small to the ring finger. Abduction of the index finger is also slightly weak on the right compared to the .left. Th'JlIlb motion IInd str.ength is uninhHd.ted. There is no atrophy of the forearm muscles or shoulder girdle muscles, She has mildly positive right tension maneuver with paresthesias in the mt;!clian and ulnar nerve in the right upper extremit}'. She has a pOGitive hyperabduction maneuver and Addison's maneuver on the rig!! L, negative on the left.. She has a posit.ive Tinel' s over the brachioplexus and supraclavicular fossa, negative in the infraclavicular fossa. She has a positive Tinel's over the median and ulnar nerves proximal to the right elbow and over the Qntecubital fossa and distally all the way to the right wrist. , . RUbinato, Ja~obs & Saba RE: t1ancj" J. Gramm Hackel' f'ebruary 3, 1997 Page Tlu'E'~ ,She ha~ no signs of volar or dlJrsal stenosillg tenosynovit.is on the right <:Inti her Allen's test is negat.ive. ,There is no 'I/rist, elbow, : or shoulder instability. ,She has negative impingement Gign 011 the right, All. of the ~xams on the left upper extremity is normal. I re- viewed her pl~in x-rays from 1994 and note no significant degen- erative changes, My impression is mild to moderate median and ulnar neuritis in the right upper extremity. This may involve neuritis of the cervical C6 through Tl. There may be encrapment and irritation at the thoracic outlet area as well as at the right elbow involving both the cubital tunnel which is ulnar nerve entrapment at the elbow as well as the pronator interval which is median nerve entrapment at the right elbow. I .rel/ie'l/ her nerve conduction studies which ,seem to collaborate with imprm,;,;l<1l1. 'l'here is definitive ulnar ner.ve conduction slowing at ,the right elbow. Hy recommendation is updated diag- nostic ,studies. Repeat cervical spine films and a repeat EMG and Ilerve conduction study both the median and ulnar nerve of the righ~ elbow and wrist. Conservative treatment may involve a brace for the right elbow and wrist. The right elbow brace'should be worn at night. Ad- ditionally of course of nonsteroidal medication combined with oral steroid medications may be appropriate. Finally, local steroid nerve block could be provided at the right wrist at both the median and ulnar nerve distributions. These diagnostic and therapeut, io intervent ion ma~' 'prov ide long term r~ltef v.nd help to localize the moo\; significant area of involvement. She had none of these symptoms prior to the auto accident and therefore, I believe there is causal relationship. RJM:da ,u.f) Rohert J. Maurer, M.D. ~ 'l' ~ ;0 u: . ;::.' , c C C"'1 IJ~ ," , - (" ;' ~'-: 1 Ie, u.. , C?'c. '''':1 6;, ,,, 1.>' .J .' (j.t_ -, -.. , , L,^, r- () U '1' . ..... \,(1 .,.. i:~: L.: !... ~; ::. i ~ " ",-... '~.. ( "",. n:", ~.. . . ~,. ~ CO , c' .., fi: ~1'. . <.'J - . ." =-. . '.~ ,- .:'.. ., r- _I (.J 0" U i> , Ii '.- . /. NANCY J, GRAMM, Plaintiff #4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ERIC C. CHANDLER, Defendant NO. 96-1399 CIVIL TERM PRETRIAL. CONFERENCE At a pretrial conference held June 18, 1997, before Edgar B. Bayley, Judge, present for the plaintiff was Ronald M. Graham, Esquire, and for the defendant, Donald R. Dorer, Esquire. Defendant, Eric C. Chandler, rearended plaint! ff, Nancy J. Gramm, in an automobile accident on August 17, 1994. Liability is admitted. Plaintiff maintains that as a result of the accident she has suffered acute neck pain, persistent headaches, thoracic outlet syndrome, and right ulnar nerve neuropathy. Causation is not at issue. Plaintiff recently underwent surgery for her tharacic injury on May 23, 1997. A deposition of the surgeon, Stephen Whitenack of Philadelphia, is scheduled for June 25. Plaintiff represents that the results of this surgery will determine whether she needs additional surgery for the ulnar nerve neuropathy. Defendant requests a continuance to allow time to evaluate the results of the current surgery on one of the major issues of the case which is whether plaintiff will have any continuing work loss or loss of earning capacity. Since the deposition of Dr. Whitenack will not be held until June 25, which is less than two weeks from the commencement of this trial term on July 7, plaintiff's motion for 0 continuance is granted, The case may be relisted by fr. 11') ':.- tr. [.- ~~ . - lUC! (J ~; .- , fl" , ....., ,.... g:\ :;'.J 0, 0:' " i : ~,';' . . , G: .., ". " -t:..Ll ..I, 0.., "..- ,.. & r- ::i 0' u " '., d, failure to maintain control of his vehicle so as to insure his ability to stop within his assured clear distance; e, disregarding the rights, safety, point and position of other vehicles on the road, including Plaintiff Nancy J. Gramm, and/or f. failure to stop in time to avoid a collision with the motor vehicle operated by Plaintiff Nancy J. Gramm, 8. As a direct and proximate result of Defendant Eric C. Chandler's negligence and carelessness, and not due to any act or failure to act on the part of Plaintiff Nancy J. Gramm, said Plaintiff suffered great pain and suffering, traumatic anxiety, depression, shock to her nervous system, and other injuries, some or all of which may be permanent, including, but not limited to: severe neck pain; radiation of neck pain into right shoulder and anterior right upper arm; pain and numbness in right arm and hand; thoracic outlet syndrome; right ulnar nerve neuropathy; right median axillary/supraclavicular/cervical SEP abnormalities consistent with diffuse cord/trunk lesion (incomplete conduction block) of right brachial plexus; and/or denervation, reinnervation and significant impairment in the maximum contraction/recruitment patterns of the right ulnar innervated hand and forearm muscles. 9. As a direct and proximate result of Defendant Eric C. Chandler's negligence and carelessness, Plaintiff Nancy J. Gramm has been and may continue to be in the future unable to attend to her usual habits, customs, vocation, and enjoyment of life. 10. As a direct and proximate result of Defendant Eric C. Chandler's negligence and carelessness, Plaintiff Nancy J. Gramm has 3 ! i I Ii II ,1 '11 " II I[ II II Ij I, II !I !i been in the past and may continue to be in the future required to undergo medical treatments and procedures. 11. As a direct and proximate result of Defendant Eric C. Chandler's negligence and carelessness, Plaintiff Nancy J. Gramm has been in the past and may continue to be in the future required to spend great sums of money for medical treatments and procedures as a result of her injuries. 12. As a direct and proximate result of Defendant Eric C. Chandler's negligence and carelessness, Plaintiff Nancy J. Gramm has been unable to engage in her occupation and therefore has in the past and may in the future continue to suffer a loss of income and/or loss of earning capacity. 13. Plaintiff Nancy J. Gramm may recover damages under the full tort option provided by the Motor Vehicle Financial Responsibility Law, Title 75 Pa. C.S.A. S 1705 et. seq. WHEREFORE, Plaintiff Nancy J. Gramm hereby demands judgment in her favor and against Defendant Eric C. Chandler in an amount which exceeds the jurisdictional amount requiring arbitration referral by local rule. COUNT II - NEGLIGENT ENTRUSTMENT NANCY J. GRAMM V. VERNON E. CHANDLER, JR. 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as if set forth at length. 15. Said automobile driven by Defendant Eric C. Chandler was owned by Defendant Vernon E. Chandler, Jr.. 16. Defendant Eric C. Chandler was operating said vehicle at the said time and place and within the scope of the consent of Defendant Vernon E. Chandler, Jr.. 4 ,.:, "-:> 1" ...., . '...:.J 1..--) VI ." j -::s-- f ~ I LO, 1.1': <oJ I), (~:: : <. .~ ) (', ..., I .,. -..J L" r .......J '-..:l " ~, . 1\,--< ., . ,J - '-, \...-::, "" --: '':J '-, 0~ , '. , , r',\ "" r-t-i ~,--. , , I :1 'I i 'I " :1 II 01 'I !; coaCRIII, GJL~, ROSATO' HAUla, P.C. BY' ROalLD K. GaAKAN, 18QUIRI Attorney I.D. 64483 The Commons at Valley Forge Suite Seven, P.O. Box 987-23 Valley Forge, Pennsylvania 19482 (610) 933-3333 NANCY J. GRAMM 105 Hawk Court Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. Attorney for Plaintiff(s) vs NO. (i (. 1391 0, n: (J, (~~ CIVIL ACTION - LAW ERIC C. CHANDLER 2835 Sunset Drive Camp Hill, PA 17011 and VERNON E. CHANDLER, 2835 Sunset Drive camp Hill, PA 17011 JR. i I i I I I I I I I I I , II matter pursuant to Cumberland County Rules. I I I I JURY TRIAL DEMANDED PalIC!PI ~OR INTRY O~ APPIARANCI TO THI PROTHOIIOTARY I Please enter my appearance for Plaintiff(s) in the above-captioned levi jlL Ronald t G*avam,' Esqu"!re-~ Attorney I.D. 64483 , . , '. ! , , " ;. , .'. ~; ,. , . " ~ .j'", L ,I . ii, , ' ?,,";.:..,;;.::~~"~...c< .~., )'l .' l..Ltp t7 (; . .. J(, I ", /p-/ f )/ ~ )~1.b....t.Lj 'It..- ct.".... C. -^L......<L.~ ~...::.,.c:, CBRTIrICATB or BBRVICB ('; /, I HEREBY CERTIFY that on this /.' day of April, 1996, a true and correct copy of PUIIITIrr NJUlCY J. GRAJDI'B RIlPLY TO DllrIlNDlUITB' liD MATTIlR was mailed first class, postage prepaid to the following counsel of record: Donald R. Dorer, Esquire LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive Suite 706 Camp Hill, Pennsylvania 17011 CORCHIN, GRAHAM, ROBATO I MAUBR, P.C. I BYI , Iv\.. \ Ronald raha , Esqu re Attorney I,D. 64483 The Commons at Valley Forge Suite Seven, P.o. Box 987-23 Valley Forge, Pennsylvania 19482 (610) 933-3333 Attorney for Plaintiff -j . w~ ~.1 '< :J >: n. r c. . I.", (" ,- Co. , I .. ; ('. \ L, , r I .. \ . , < '1 ~ '~ "1 , ~ J 3 ~ " .,... , " "- , "'" e.1.. - ~~= ~ iti uQ"I _~"fM ,.. ~. -< _ I ,::;oJ il ..d. ;:! ; o'""l;ii::J-- ~ =l 00; - ;:j ;:!... ~~=~=r:E.1 " -- _ 7. ,... .. t: .. ~~ ~ ~~ PI"No,:~ (Must be typewritten and submitted In duplleate.) TO TIlE PR01HONOfARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x) for JURY trial at the next tenn of civil court. ( ) for trial without a jury, vs, ( ; .0 (') (Check Ono) , -.J ." ;'. I r,. " ( ) Assumpsit 'J .1.7'1 I 112) '" '.0 '- ) Trespass r. :{~ ( ." ." .., .' ... ., r() ( x) Trespass (Motor Vehicle) ;~? ,m 'J1 .' :y (Plaintiff) I~ -<; ( ) (Othu) CAPIlON OF CASE: (Entire Caption Must Be Slated In Full) Nancy J. Gramm, Brie C. Chandler and Vernon B. Chandler, Jr., (Defendants) Tho lriallist will be called on Juno 10. 1997 Trials commenco on July 7. 1997 Pre.trials will be hold on June 18. 1997 (Bri.r. .... dUI 5 day. bawnI p,.tria...) (Th. plrty UIlina thi. c... for triai 1Ib.1I provide tOnhwatb . copy 01 lb. pnecipllO.1I c:ouftHl, PUrlUlnI to local Rul. 21....1.) No. 96-1399 Civil 19 96 Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esql1ire. Attorney (or Defendants. 214 Senate Avenue. Suile 503. Camp Hill. Pennsylvania. 17011: om 731-0988. Indicale tria1 counsel for other parties if known: Ronald M. Graham. Esquire. Attorney for Plaintiff. Corchin. Graham. RoDto &. Mauer. P.C.. The Commons at Valley FOJ:&e. Suite Sevel/. P.O. Box 987.23. Valley FOlie. Pennsylvania. 19482: (610) 933-3333. This case is ready for trial. \, , 1\ / ~ Signed: Q / L ./ .. Print Na~ Donald R. Dorer. Esql1ire Altorney for: Defendants Date: April 7. 1997 . 960046 LAW OmCES OF RUBINATE, JACOBS" SABA 214 Senate Avenue, Suite 503 Camp HlII, PA 17011 Telephone Number: (717) 731-0988 Attorneys for nefendant, Eric C. Chandler NANCY J. GRAMM, PLAJNTlFF IN THE COURT OF COMMON PLEAS ClJI\fBERLAND COllNT\', PENNSYLVANIA VS. No. 96-1399 CIVIL TERM ERIC C. CHANDLER, DEFENDANT CIVIL ArnON - LAw JURV TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe For Listins Case For Trial to be served b, regular first class mail upon: Ronald M. Graham, Esquire Corchin, Graham, Rosato & Mauer, P,C, The Commons at Valley Forge Suite 7, P,O. Box 987-23 Valley Forge, PA 19482 Date: June 27. 1997 I I, J, i 96-046 LAW OmCES OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite !OJ Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Eric C. Chandler NANCY J. GRAMM, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. \16.1399 CIVIL TERM ERIC C. CHANDLER, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he Is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Amended Pre-Trial Conference Memorandum to be served by facsimile transmission and regular fmt class mail upon: Ronald M. Graham, Esquire Corchin, Graham, Rosato & Mauer, P,C, The Commons at Valley Forge Suite 7, P,Q. Box 987-23 Valley Forge, PA 19482 ,-1 ) I \ Date: AUlrust 26. 1997 / I Donald R: Dorer, Esquire Allomey for Defendant I i , I !