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Home My WebLink About96-01592 ~ ! i ) ; ~ :, ~. . of I ~ ~ ~ i , \ " " " Il , "'I ROBERTSON, MANNIX & PALLADINO JOHN T, ROBERTSON. JR.. ESQUIRE IDENTIFICATION NO: 53732 Riverview Place 520 N. Delaware Avenue Suite 304 Philadelphia. PA 19123 (215) 625.7777 ANNE U. PEROSA · 191 Park Avenue · Collegeville. PA 19426 · . Plaintiff, . v. . . ROBERT LONERGAN. M.D. . 207 House Avenue . Suite 105 . Camp Hill. PA 17011. . and . HOLY SPIRIT HOSPITAL . 503 North 21st Slreet . Camp Hill. PA 17011 . . Defendants. . ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 1'. / jf l-(7q~~ C J. vt..-/'V'- CIVIL ACTION JURY TRIAL DEMANDED PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned mailer. Jury Trial is Requested. Dated: March 22. 1996. 10H . R Robert on, nnnix & Palladino Altorne for laintiff Rivervie ace 520 N. Delaware A vepue Suite 304 Identitication Number: 53732 Telephone (215) 625.7777 . J I i I I~ . . I ~ ~ C.-I I . III ~I ::!:.j.J .S 'J J 'M . Co ~ l::: Ul I , i}J .t~ I III III 0 ~I "M ~ - 01:1: U I< i-< QJ.j.J N QJ l:::'M jf '" p.. o i-< f~i.~ ~ U'l I ...:I"M UJ ~l ~/. . Co ::> .j.Je/l I< ~I o . ~ QJ QJ>' l::: .0.-1 i'&lfil~ ... :I l::: 00 'M , < 0::1: U, I . .- ; ANNE U. PEROSA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 96-1592 CML TERM v. ROBERT LONERGAN, M.D, and HOLY SPIRIT HOSPITAL, Defendants CML ACTION. LAW JURY TRIAL DEMANDED RUT.1i: TO FIJ,Ii: COMPLAINT TO: John T. Robertson, Jr., Esquire ROBERTSON, MANNIX & PALLADINO Riverview Place 520 North Delaware Avenue, Ste. 304 Philadelphia, PA 19123 You are hereby directed to file a Complaint within twenty (20) days or Judgment of non pros will be entered. . ~:1LL I)' .0 t1/ DATE: ) ~J {; /'l1~ HJI1I I JACOBSON, MAYNARD, TUSCHMAN & KALUR By: N, Richard Reynolds. Esquire Idenrification No. 70198 1787 Sentry Parkway West Suite 450. Building 16 Blue Bell. Pennsylvania 19422 (215) 542-3939 Allorney! for Defendant Robert P. Lonergan, M.D. ANNE U. PEROSA COURT OF COMMON PLEAS CUMBERLAND COUNTY. PA Plaintiff. NO. 96-:592 Civil Term Vs. TRIAL BY JURY OF TWEL VE DEMANDED ROBERT P. LONERGAN. M.D. et al Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY; Kindly enter rny appearance as counsel for defendant Robert p, Lonergan. M.D. JACOBSON, MAYNARD. TUSCHMAN & KA YLUR By; 'J '1;/, ,,-i~.{/ l~" N. Richard Reyn ds. Esquire Attorney for Defendant Roberl P. Lonergan. M.D. ''') 1'1 ,.,1 (.1 I ~ , . u L ' ) l . 7. pursuant to Pa.R.C.P. 1024, the verification must be made upon the signer's personal knowledge or information and belief and "shall be made by one or more of the parties filing the pleading." Pa,R.C.P. 1024(a) and (c). 8. Accordingly, the verification in the complaint does not l:omply with Pa.R.C.P. 1024. WHEREFORE, Defendant Holy Spirit Hospital respectfully requests that the Complaint be stricken for failure to comply with Pa.R.C.P. 1024, or that an amended pleading be required in compliance therewith. INSUFFICIENT SPECIFICITY 9. In paragraph 17 of the complaint, plaintiffs allege that Dr. Lonergan was negligent, inter alia, as follows: 17. The defendants were negligent and careless in that defendant Lonergan, M.D.: a. negligently and recklessly selected, used and inserted the wrong sized prosthesis/appliance into Plaintiffs right knee; b. otherwise performed the said surgery in such a negligent and reckless fashion as to cause a January 1996 diagnosis of a failed 1991 right knee 3 alternative, that a more specific pleading be required. Respectfully submitted, ME'ITE, EVANS & WOODSIDE BY: Crai A. tone, Esqui Sup Ct. LD. #15907 Jayson R. Wolfgang, Esquire Sup. Ct. LD. #62076 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital DATED: July 9,1996 6 exhibit A ROBERTSON, MANNIX & PALLADINO JOHN T. ROBERTSON, JR., ESQUIRE IDENTIFlCA nON NO: 33732 Riverview Place 520 N. Delaware Avenue Suile 304 Philadelphia, PA 19123 (215) 625-7777 ANNE U. PEROSA . 191 Park Avenue . Collegeville, PA 19426 . . Plaintiff, . v. . . ROBERT LONERGAN, M.D. . 207 House Avenue . Suite 105 . Camp Hill, PA 17011, . and . HOLY SPIRIT HOSPITAL . 503 North 21st Street . Camp Hill, PA 17011 . . Defendants. . - MAJOR JURY TRIAL IS DEMANDED ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 96-1592 CIVIL TERM COMPI.AINT IN CIVIL ACTION NOTICE You have been a.ed in court. Ir you wish to derend against the elaims se' rooh In the rollowlng pages. you mus' lake aClion within twenty (20) days after this complain' and nOlice are served. by entering a wri'ten appearance personally or by attorney and ming in wriling with th. coun your derenses or objections to the claims set ronh apos' you. You are warned 1Iw ir you rail to do so th. case may proc:ced withouI you and a judgmenl may be ..Iered against you by the coun withou' runher notice (or any money claimed In the complaint or (or any other claim or relier mjuated by the plainlirr. You may 10s. money or property or other rights imponan, 10 you. YOU SHOULO TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TElEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 AVISO La han demand.do a usted en Ia cone. SI ...ted quianl derende"" de CSlaS demandas expucstaS en las paginas silUiaHa. usled liene vein'. (20) dias d. plaza ai partis d. la rcella de Ia demanda y la notificacion. Hace ralta asentat una compannda escrita 0 en person 0 con un a bogado y eRUClal a la corte. rorma eserlla sus derensas 0 s... objeclones a las demandu en COIUI1I de 5U persona. Sea avisodo que si usted no so den..... Ia cone lomara medidas y puede continual la dcmanda en COIIlJa SU)'I sin previa Dviso 0 notificacion. Ademas. la COrti puecIa deoidir a ravor del demandan,e y r<quiere que ...,ed cumpJa conladas las provisiones de esla demanda. U51ed pucde perdar dinero 0 sus propicdadcs u olroS derochos imponantcs I'"" wad. LLEVE ESTA DEMANDA A UN ABOOADO IN- MEDIATEAMENTE. 51 NO TlENE ABOOAOO 0 $I NO TIENE EL DINERO SUFlCIENTE DE PAGAR TAL SERVIC10, VAYA EN PERSONA 0 LLAMll POR TELEFONO A LA OFlCINA CUY A DIRECCION SI! ENCUENTRA ESCRITA ABAlO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENSIA LEGAL ROBERTSON, MANNIX & PALLADINO JOHN T. ROBERTSON, JR" ESQUIRE IDENTIFICATION NO: 53732 Riverview Place 520 N. Delaware Avenue Suite 304 Philadelphia, PA 19123 (215) 625-7777 ATTORNEY FOR PLAINTIFF ANNE U. PEROSA . 191 Park Avenue . Collegeville, PA 19426 . . Plaintiff, . v. . . ROBERT LONERGAN, M.D. . 207 House Avenue . Suite 105 . Camp Hill, PA 17011, . and . HOLY SPIRIT HOSPITAL . 503 North 21st Street . Camp Hill, PA 17011 . . Defendants. . COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, 96-1592 CML TERM CML ACTION JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION I. Plaintiff Anne U. Perosa is an adult individual residing at the above captioned address. 2. Defendant Robert Lonergan, M.D, is an adult individual and physician and surgeon who is licensed to practice medicine under the laws of the Commonwealth of PelUlSylvania, maintaining a place where he regularly conducts business at the above captioned address. 3. Defendant Holy Spirit Hospital is a health care institution and corporation or other entity organized and existing under the laws of the Commonwealth of PelUlSylvania with its principal place of business at the above captioned address. . 4. All of the acts alleged to have been done or not to have been done by Defendants were done or not done by said Defendants, their agents, servants and/or employees all of whom were acting within the course and scope of their authority with and on behalf of said Defendants. S. At all times relevant hereto each Defendant herein was the agent, servant, workman and/or employee of each other Defendant herein. 6. At all relevant times, defendant Holy Spirit Hospital held itself out to the public and the plaintiff as a quality medical facility with excellent physicians. 7. At all relevant times, defendant Holy Spirit Hospital was the employer andlor was otherwise legally responsible for the pertinent treatment and surgery performed by defendant Lonergan, M.D., including at its hospital location at the above captioned address. 8. At all relevant times, defendant Lonergan, M.D. held himself out to the public and the plaintiff as a skilled and careful physician and surgeon trained to provide skilled medical attention to patients. 9, In or about 1991, Plaintiff submitted herself to the care of Defendants for orthopedic treatment, due to, ~ alia right knee problems and Plaintiff continued under Defendants' care for a period of time thereafter, 10. During and after 1991, Defendants, jointly and severally, treated Plaintiff in such a reckless, negligent and careless manner that they caused severe and permanent injuries to Plaintiff, and they caused physical hann to Plaintiffs body and organs, as well as severe anxiety and emotional distress. 11. In 1991, defendant Lonergan, M.D, treated the plaintiff, and also performed surgery on the plaintiff for and at and under the auspices of defendant Holy Spirit Hospital. 12. Defendant Lonergan, M.D. among other things, performed a unicondylar right knee - e. failed to warn the plaintiff of the risks and dangers of USillg such a wrong sized prosthesis/appliance; f. failed to have available the fullest range of sizes and types of appliances for the pertinent surgery. g. failed to observe the standard of care in the community; h. failed to exercise reasonable care under the circumstances; i. committed such other acts of negligence as may be revealed during discovery and investigation; j. committed negligence at law. 18, Defendant Holy Spirit Hospital was further negligent and careless in failing to properly supervise defendant Lonergan, M.D. and in failing to have available the fullest range of sizes and types of appliances for the pertinent surgery. 19. Defendant Holy Spirit Hospital is vicariously liable to the plaintiff for all of defendant Lonergan's aforesaid negligence and carelessness. 20. The plaintiff could not have, should not have, and did not actually know of the aforesaid negligence and recklessness of the defendants until after a chain of events involving care, diagnostic testing, examination and diagnosis that began with the taking of March 25, 1994 X-rays of the right knee (showing the size of the prosthesis/appliance) which eventually lead to the knowledge that such size was wrong and the January 1996 diagnosis of a failed 1991 right knee arthroplasty . 21. As a direct and proximate result of the aforesaid negligence and recklessness carelessness of the Defendants, Plaintiff was caused to sustain serious and pennanent bodily injuries, limitations, pain and disfigurement, including right knee pain and instability, was and will ROBERTSON, MANNIX & PALLADINO JOHN T. ROBERTSON, JR., ESQUIRE IDENTIFICATION NO: 53732 Riverview Place 520 N, Delaware A venue Suite 304 Philadelphia, PA 19123 (215) 625-7777 A TIORNEY FOR PLAINTIFF ANNE U. PEROSA .. 19 I Park A venue .. Collegevillc:, PA 19426 .. .. Plaintiff. .. v. .. .. ROBERT LONERGAN, M.D, .. 207 House Avenue .. Suite 105 .. Camp Hill, PA 17011, .. and .. HOLY SPIRIT HOSPITAL .. 503 North 21 st Street .. Camp Hill, PA 17011 .. .. Defendants. .. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 96-1592 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION 1. Plaintiff Anne U, Perosa is an adult individual residing at the above captioned address. 2, Defendant Robert Lonergan, M.D. is an adult individual and physician and surgeon who is licensed to practice medicine under the laws of the Commonwealth of Pennsylvania, maintaining a place where he regularly conducts business at the above captioned address. 3, Defendant Holy Spirit Hospital is a health care institution and corporation or other entity organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business at the above captioned address. 4. All of the acts alleged to have been done or not to have been done by Defendants were done or not done by said Defendants, their agents, servants and/or employees all of whom were acting within the course and scope of their authority with and on behalf of said Defendants. 5. At all times relevant hereto each Defendant herein was the agent, servant, workman and/or employee of each other Defendant herein. 6. At all relevant times, defendant Holy Spirit Hospital held itself out to the public and the plaintiff as a quality medical facility with excellent physicians. 7, At all relevant times, defendant Holy Spirit Hospital was the employer and/or was otherwise legally responsible for the pertinent treatment and surgery performed by defendant Lonergan, M.D" including at its hospital location at the above captioned address, 8. At all relevant times, defendant Lonergan, M.D. held himself out to the public and the plaintiff as a skilled and careful physician and surgeon trained to provide skilled medical attention to patients. 9. In or about 1991, Plaintiff submitted herself to the care of Defendants for orthopedic treatment, due to, .in1M alia right knee problems and Plaintiff continued under Defendants' care for a period of time thereafter. 10. During and alter 1991, Defendants, jointly and severally, treated Plaintiff in sucb a reckless, negligent and careless manner that they caused severe and permanent injuries to Plaintiff, and they caused physical harm to Plaintiffs body and organs, as well as severe anxiety and emotional distress. 11. In 199i, defendant Lonergan, M.D. treated the plaintiff, and also performed surgery on the plaintiff for and at and under the auspices of defendant Holy Spirit Hospital. 12. Defendant Lonergan, M.D. among other things, perfonned a unicondylar right knee e. failed to warn the plaintiff of the risks and dangers of using such a wrong sized prosthesis/appliance; f. failed to have available the fullest range of sizes and types of appliances for the peninent surgery . g, failed to observe the standard of care in the community; h. failed to exercise reasonable care under the circumstances; i. committed such other acts of negligence as may be revealed during discovery and investigation; j, committed negligence at law. 18. Defendant Holy Spirit Hospital was funher negligent and careless in failing to properly supervise defendant Lonergan, M.D. and in failing to have available the fullest range of sizes and types of appliances for the peninent surgery. 19. Defendant Holy Spirit Hospital is vicariously liable to the plaintiff for all of defendant Lonergan's aforesaid negligence and carelessne~s. 20. The plaintiff could not have, should not have. and did not actually know of the aforesaid negligence and recklessness of the defendants until after a chain of events involving care, diagnostic testing. examination and diagnosis that began with the taking of March 25. 1994 X-rays of the right knee (showing the size of the prosthesis/appliance) which eventually lead to the knowledge that such size was wrong and the January 1996 diagnosis of a failed 1991 right knee arthroplasty. 21. As a direct and proximate result of the aforesaid negligence and recklessness carelessness of the Defendants, Plaintiff was caused to sustain serious and pennanent bodily injuries. limitations. pain and disfigurement, including right knee pain and instability. was and will .(; -, ~ >- .... ; t."", C"-' ':. i;" ; ~ utI,," () -: ... p.' .... -. 'j "r' o. -'2 , f?~ C'J , c.: l ~ :"~ ' :.1 "L. rOo ts '.-, '-', Co . ,:"J PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter ror the next ArIl'<1ment Court. .....-.....................................----..--------------------.-.--------.-.--.-.---------------------------- ANNE U. PEROSA. Plaintiff . IN THE COURT OF COl\'lMON PLEAS . CUMBERLAND COUNTY, PA '" v, . NO 96-1592 CIVIL TERM ,. ROBERT lONERGAN. M.D. and HOLY SPIRIT HOSPITAL, Defendants . CIVil ACTION ,j J .', , , j . ,;1 . JURY TRIAL DEMANDED t.. .... - '. 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, ete,): Preliminary Objections of DefendanL9 to the Complaint 2. Identify counsel who will argue case: (a) for Plaintiff: Address: Christopher D. Mannix, Esquire RoberL9on, Mannix & Palladino 520 North Delaware Avenue Riverview Place, Suite 304 Philadelphia, PA 19123 (b) for Defendant: Address: Jayson R. Wolfgang, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Next available Jays . Wolfgang, Sup. Ct. I.D. No. 620 6 Attorney for Defendant, Holy Spirit Hospital Dated: July 9, 1996 48711-IlForm) 1li;tr. 1 . , LEIGH A.J. ELLIS' ASSOCIATES, BY: Leigh A.J. Ellis Identification No. 53229 Lee A. Ciccarelli Identification No. 56115 1850 William Penn Way suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 (717) 390-3020 P.C. 60,597 Attorneys tor Defendant: Robert Lonergan, M.D. ANNE U. PEROSA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL NO. 96-1592 TWELVE JURORS DEMANDED ORDZR AND NOW, this , 1996, upon day of consideration of the foregoing Preliminary Objections of Defendant, Robert Lonergan, M.D., it is hereby ORDERED and DECREED that Defendant's Preliminary Objections are SUSTAINED. BY THE COURT: J. LEIGH A.J. ELLIS' ASSOCIATES, BY: Leigh A.J. Ellis Identification No. 53229 Lee A. Ciccarelli Identification No. 56115 1850 William Penn Way suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 (717) 390-3020 P.C. 60,597 Attorneys for Defendant: Robert Lonergan, M.D. ANNE U. PEROSA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL NO. 96-1592 TWELVE JURORS DEMANDED PRILIHINARY OBJICTIONS OF DIFIHDANT, RaBIRT LaNIaGAN, H.D. TO PLAINTIFF'S COMPLAINT Defendant, Robert Lonergan, M.D., by his attorneys, hereby files the following preliminary Objections to Plaintiff I s Complaint and in Rupport thereof avers as follows: 1. On or about June 21, 1996, Plaintiff filed a Complaint against Defendant alleging Defendant was negligent in the medical care and treatment of Plaintiff. (A copy of the Complaint is attached hereto and marked as Exhibit "A".) 2. Plaintiff's Complaint contains specimens of boilerplate language as well as an inappropriate request for punitive damages. MaTION Ta STRIKI 3. Plaintiff's Complaint at Count I, paragraphs ten (10), seventeen (17), subparagraphs (b) and (c) and paragraphs twenty (20) and twenty-one (21) contend that Defendant acted "reckless" and "recklessly". 4. Additionally, Count I claims punitive damages against all Defendants. 5. Plaintiff has failed to plead sufficient facts demonstrating that Dr. Lonergan's conduct was reckless, intentional, willful, or wanton. 6. As such, it is respectfully requested that this Court strike Count I, as well as any language potentially opening the door to an exemplary damages claim. WHEREFORE, it is respectfully requested that this Honorable Court strike Count I of Plaintiff's Complaint for punitive damages. NOTION TO 8TRIXB/MOTION .OR NORB 8PBCI.IC PLBADIHG8 7. Pa. R.C.P. 1019(a) requires the material facts upon which a cause of action or defense is based shall be stated in concise and summary form. 8. This provision is designed to apprise the opposing party of what the Pleading party intends to establish at trial. 9. At Count I, paragraph seventeen (17), subparagrapbe "otherwise performed the said surgery in such a negligent. reckless fashion as to cause a January, 1996 diagnosis of a t.!i.4~ "~-r>;:l~ 1991 right knee arthroplasty"; (d) "otherwise pertoraad ...td-;;; surgery in a negligent and careless manner irrespective of.. ,.,1... 2'; incorrect size of said appliance"; (g) "failed to standard of care in the community"; (h) "failed reasonable care under the circumstances"; (i) acts of negligence as may be revealed during discovery and' investigation"; and, (j) "committed negligence at law". Plaintiff ".....,.....\ ".'. uses the above language in violation of the fact pleading principles enunciated by Pa. R.C.P. 1019(a). 6. As such, it is respectfully requested that this Court strike the above language from the complaint or require Plaintiff to amend the same. WHEREFORE, it is respectfully requested that this Honorable Court strike the above language from paragraph seventeen (17), subparagraphs (b), (d), (g), (h), (i) and (j) of plaintitt's Complaint or require plaintiff to amend the Compl~int deleting the same. MOTION TO STRIKE/IMPROPER PLEADINGS 7. In paragraph seventeen (17), subparagraph (e) of Plaintiff'S complaint, Plaintiff alleges that Defendant failed to warn the Plaintiff of the risks and dangers of using such a wrong prothesis/appliance. 8. In Plaintiff's Complaint, Plaintiff has alleged what, cau1c1:' be interpreted as a count of battery/informed consent Plaintiff'S only count of negligence. 9. Under Pa.R.C.P. 1020(a), Plaintiff must assert theories of liability in separate counts. 10. Where a party fails to plead under the rules, the remedy is for that provision to be stricken. WHEREFORE, it is respectfully requested that this Honorable Court strike the above language from paragraph seventeen (17), " "..-.....,.......1 subparagraph (e) of Plaintiff's Complaint or require Plaintiff to amend the Complaint deleting the same. Respectfully submitted, By: LEIGH A.J. ELLIS' ASSOCIATES, L~~ LEE A. CICCARELLI Attorneys for Defendant, Robert Lonergan, M.D. P.C. ExhIblt A JlIl/O'l/<JO 1'.' n U?11l '/Ill IHI1 If, . ! _ ., 10UllTlOH, MAMa A'/lII..t,DIHO 10HN T. ~TIOH, Ja..ISQUDlI 1D1In.1nt,;,\11OH HOl urn lJveryfn .... no N. DeJa.... A\lIInI hill 304 phn......".!It..A 19113 (21') GS-T7T1 ANNB U. PElOSA 191 "" A..... CoUI.nWI,'A INU . . . f I -'1t1'; 11111N',H 101111I1] . MA10R MYTlL\L tS DEMANDs.o AlTOlHJY POR PLAlNTIFP COVU 0' COMMON PL2AS CUMllQL\ND COtlNTY . PI.....", . v. . CIVIL AcnOH . ROBaRT LONElOAH, M.D, . 207 Hou.. AvUl\lf . NO. Pf. U9~ CML TERM SuI" lo.s . i~ ~ ~ CIIDP HW.,^ 11011, . !at ~ ud . :!! ~:-, N HOLY SPWI' HosprrAL . - tI ,OJ Norda 2"t ....... . i~, :-. Camp IOU, 'A 11011 . ::z: ""C! 'P. . $ N D....~ tI, . -.J cnMPr ,UN-I' IN ~ Acnol'i IIOTJa Y., ............. _ . '" ...It.... ...,... "- .... ... ...... at .. ........ ..... JW _ ... .... -- ~ .. ....... _~. LJ ....... .. ...... ., ..... . on. ,. _. ...... . ., .... ... .... " ..... ... .. - ,.. .... . ''1 A_................,.. Y.. ft .... .. It,.. all Ie.... N _..,...........,.. .. . ~................,...,... --...... -... .... ,., "" .... .......... ....111I.. .. ..... ..... " "'''''. f.. .......... ,...., IM-, .,..,...,,, ..... ..... ....-..Jllt ,. 1W IItOULD TAQ TmI 'AlIa TO Youa lAwYD /to., OIQ. . 'nlU DO NOT llAYI A IoATmIIl oa C.tIOlOI' APl"OID ON-. 00 1'0 CIa m-...... TIQI 0IIMI:I1If JUa'nlIIILOll/ TO "'" O\/J .... l'OV CAH GI1' LIlW...... Cllmbtdud CawIty Iv ANocladon 21.Jbut)' A v.... CullsIe, 'A (717) 249-31.. AVUO Lo '* ......... . ..... .. 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DdnIn A,... ... 304 pon.....fIiId.. PA 1'123 (:aU) W-7771 ANNB U. PBl\OSA . I'. hrt AftIIIIO . COU..fYfDI, PA 19425 . . . ATTORNEY POR PLAINTIPP COURT OP COMMON PLEAS CUMBIIJU.AND COUNTY . l'I.aIaIIN. . v. . , . ~ '"; ROBElT LONlROAN, M.D. . ~HOIlI.A~ . SUIte 105 . Camp HID, fA 17011. . - . HOLY SPIRlT HOSPITAL . "03 NordI 21n hetc . CIIIIp Hm. PA 1'70 11 . . D.~.-, . NO. 9f. un CIVIL TERN OVIL AcrtON WRY TRIAL DEMANDBD ~nM1l'l...tNTINClVlliA~ON . 1. PIIJudtl' Am. U. PIrou '11111 adult IDdlvlcfual relidloa at Ille lbove "PllClllld Iddn... 2., ~ Rohat I..cu=pD. M.D. II mllfalt hIdJvldua1l11d ;by.1cfQ al.J J\IrpOIl wbo ,. UCOIlIod to pnc1b """''''lat UDder !he IIWI of the Commoawultb of PwaIIIIylvlllla, ....I...lnr'" I pllCl wbert he ref\llarly COlIdw:II bullDeA It the Ibove capd0ae4 addnll, 3. ~ HoJ" Spirit Hospllll .. I bcaJlb tart imtlllltlollllld cChjlOllUOQ or otIIcr euttl7 oraubed UIlI aJatiq lIIllIct !be IIWI of lilt Commonwnlth of PeomylvlD!l with la priDcJpat plac. of bIuJDa. Illht l!Iove captioned Iddra.. 98fll7/96 Y;,':l1 1J7.ltl TJIl IH/'I .'. '1 ~ I M~; '"I1N~F,1. f1I005 . . .. .....""':"'1"'"".. ~:-...__..._.. 4. ' All "'. .. ...... eo "ft '*a cIoae or DOt 10 J&iv. ben doue by Dtfeadaatl ,...,....... fit Iliac" b,1IId Dtl'oac.f......, lhIIr ..... ''''lIlIIlIIdIor employee. all of whom wwelCdDc wIdliIa dII.....1lIIII1lXlpI of IlIIlr I\I~ wIt.b IlId 011 beJWf at .aId Dtfaldaata. ,. AI all.......... -- ~ ~ beruJa wu me .pu, 1IrY&rIt; wodmaD lIIdIor.,.".. of... odw ~ 1MnhI. f. AI aD nlPlIII dmeI. ~ Holy SpIrit HOIpIIlJ beld Juett aut to !he public IIId cbI ,,...,.. u . qual.., _led flc!1II17 .11b uuUena phyaiclw. 7. AI III ntIrIIDr dma, dettadaat Holy SpIrit Hotpir.al wu tile employer lDdJor wu otINt.... IlpUJ ..or ~aaJtlle tbr If>> perthMuc lrtltraer.& Illd IlUJery perf'Qnned by d.flDdlDl to.pa. M.D., IDcJudIq allllllolplr.allocadoo at 11I0 above capdooed addrt... I. AI all nllvlllll dma, dI~ I..oaerpn, M.D. held hims.lf out to th. pIIbUc: IlIIII tb plaJllUf u . &JdJJe4 UId cu.M pll,.lellO wi IlUllIOlllra!ped to PrQ'lid, .ldIled medlCIJ , llIIIIdoa 10 ,." . f, f. II or ~ 1"1. PlallltUr 1Ubmlu.d beraJf to &be c:u. ot D'feadllltl for ottllopedlo ....--. ... eo, liar ilia tfahllalee problCIIII md PlallltJtt colltUlved 1IIIda ~._' ....... ptdot 01_ thau1ler. 10. Dta.,lIlIlfta'l991, Deh.faab, JoIDd1lZld 18vera11y, trelflct PI.IIIM III suda · reckJ.., -aUt. IIIlI canIIn ........., dII& dley c:auaed WtVe IIIll pUlU." IIIj11rfa tilt . .~.--- JIfabUr.IIIlI1ba7 _lid ~ ......10 l'Iaim.IIra body IIl4 OfIW, U wt1I U Itven IDldacJ IDlI ~odOlllJ dJItrw., II. ra 1991. ~.... LoIlerJllll. M,D. trul.ed the plaiD1ltr, lUll allO pldonMd NrprJ OIllbe plallldlr (or IIId 1& IIId WId<< !be I\lspica of de(endlDl Holy Spirit HOlpltal. 11, ~ l.caapa, M.D.1lDOIII other dIiDa., pIrlbnned. WIIcoadylu riahl knee - 98_,,'/-96 15'25 '07.16 '/36 IHf'/ q,AIM.': f")t1N;.F.1. .. . RPl~ . rb.Jl,lf/rfabC, foCIlbll OD q.e plaldlilr III 199111 ~ ROI, Spirit Ho.pltaJ. '-' . -: = ~ .... " ." - . . . COUN'l' I. NEGLlGINCB ".,....." n ""-'lff.ft'. U. pt.'"tlIt l&x:orponra Parqnpllll . 12 u It let toJ1h Ie 1'1IIT.h Mia. 14. PlaWiA' 1l*l&aU7 IVIQ tbar Detsndaml, Jolally 1114 IIvenUy. davlaled tom the 1I{lIii.,.,.,* ~td of care Ibr IIqJdl CIA plVYlden euJO)'iua Dd'endanl',IIIIdic:aJ tpeclaJdq Illd 1CIfIU. .,. In pell'o.uJbIa die allow fUrJCI1, an4 rClldClm, uaoclaled lrealmeDt, defeDWJe LoDlrJll1, M.D. De&llIClUl,11Jd W'CIu,ly Im,rt.ed Ille wrona .Ized Pnl.rbetllllWlll!lCe In the plliDd1r. rfIbI bee, 16. DefeDdut Louerau. M.D. fallltd to .llercl.e IUlOnable llld ordlDary carl, .1tII1 lad IbUIC1 III partolllliDllhe aboYllmeutlODed 1IIlJCI1, lDc1udiD. In tel.ctlna the .ize of the ~Ippu.-, IllcIID die woclated lreatmeat. 11, 'DIe d.ttudaDtt,.-en De.Usene Illd c~e..1n that dcfeu4auc LOIIIllJID, M.D.I I. -"la"''' IIId reckJu.l, .e/IIl:lIed. IUCd ll)d ImertId chi wrona lIad PI'OIdIeeltlapp.-.1Dro PIaIDdfr. riPt bot; b. ot1wnriM ~tb.....4 die IIld IIIlIUJ III "'ell . 111,1/&_ IllcI rcckJ~ fatIlIoau 10 QWII I ll1111lrJ IlIM dIaposll of I fallecl1991 rl&h& Ia1cc anhnlpluty: o. 1lIIW1ed IllcIIII:Uted taJ4 pro.tlle.llI.ppliauce 1111 ae,UIIIU IUd recld... 1I1IIlDIA', Int...... 'LIvt of tbe 1Dco.._t .iD; d. otherwiM performed IIld "'raery In I lIeaUalllt aDd carel... D1Il11lU, Ir.e.t-Ilw of !be II1comec .tz.e of .deS applllllce. IJlOh """ "- -"" . Q8(07/9tl 1&'26 U216 736 8<1.,., , .. . C'l.A I NS ""IJN~;FI. r.1IOO'/ I. . ~ ID 1nnI dle plafDdtt ot lbe rUb mJ u;,pn of usm, sueb . wroua .. w. ....:., ... .1Ied ~WIllPIIauco; t, 61Ied ID lllve IYl!labt.l!le ftIUat I1IIp of .Iw IIId t,y,pea of appllaoc:et IIlr die ptItiMDt 1UrprJ, " AlIed lID Db,"" die dID4ard ot care ill die COlDIII\U1ity: . he Ailed to exllRlM ru.~le C&n UDder lb clmunrf.ance.; I. committed Nell olller ICtI of DeJ/la1lll:e at IDlY be revllltd durio. cSbcovery IIId lavwdpdou; j. QODIIII/CIled llIal1Pla It law. 111. Defezxlaa& Holy Spirit HoapllaJ WII tunber Delllalllt IIl4 cUlle.. 10 t'a1Il.ar to properly lUperYiM detlllCSult LouerIID. M.D. IDIf 10 fIl1In. 10 hlv. lvaUIl'le lb tuUllt rUlle of slut &lid types ohppUUICe' for the peItiDeur lUliery. 19, Det'eod&m Holy Spirit Hoapllll Is vlWloudy Igbl. to the plaJlUift tor ,II of dll'endauc LoDerpA" aforesaId aeaUaeuce IIl4 wlle'lIlIlI. 20. ThI pJIlDWf could DOt han, .houId DOC hive, 1UIc1 did 1I0t lCtua1Jy kaow or die dbreald DqUpaca IIId recJdeuaae oldie d~'DtI tIIIdJ aI'll:r. chafn of ev'lIIa IuvolvlDa we, . ~poldo CIIdDr, ,......,-tioD and dIaIllOIIJ lIlIt beau with tho taIdaa of March 2', 1994 X-ray, of I!Ie rfPt bee (tbowiDa the .iIe of die pronhesWappUIlICe) whiell 'YelltuIlJ, I"d to tJIe bowled,e that IUda able WII WI'OlIIlZId the ll11Uary 1 m dJaauo.II of I ~ed J SlSI! r1aht!alee anhroplllty . 21. ,.. . dJrecc IIId proxJmalo fll1llt ot the ,rorellid lIe.UplIClI AIleS recldel.a... ----- -. CU1.!.IIII,,, 0( th8 Dct'crIdcu, P1a1atitf wQ uwed to IUltllu .erlou. IIId J)enIIaneDt bodily irdurfa,lIJQ/tadoDl, paIa and 41Il!~ Intludm, rf&bt JaJee paia and lzutablllcy, was IPS wt1l . .\ \:., ).. -:'1 ~.: lJ: ", . l.ul ". :- r~; ) fF. , : . i ~r " r-. , " c" .- c.:' ; c. . ] I '.... 0<. l.. o. ., i (; ,"" ,j . LEIGH A.J. ELLIS' ASSOCIATES, BY: Leigh A.J. Ellis Identification No. 53229 Darlene IC. ICing Identification No. 75898 1850 William Penn Way Suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 P.C. 60,597 Attorneys for Defendant: Robert P. Lonergan, M.D. ANNE U. PEROSA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL NO. 96-1592 TWELVE JURORS DEMANDED DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Robert Lonergan, M.D., hereby demands a jury of twelve in the above-captioned matter. LEIGH A.J. ELLIS' ASSOCIATES, P.C. LEIGH A.J. Attorney f Robert Lo v' " '1 -. / h. ( ELLIS r Defendant, rgan, M.D. ;'/ I. I'! , . I:' , , . I' f. u r ~ ('I ~ ..:: < !~ M , J<!; ) , .~ )~ '-~: ~ :?J (", - I' e> . (f) ).,... u. N ., '7 Ci:" Co :-ltU r ,: '::>.. ~; L-I~ ," :-J () (il U PRAECIPE FOR LISTING CASE FOR ARGUMEN'r (M\Jst be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Arglment Cairt. --- ---------- -... ---- - - - -- - -- - --- ---- ---- - - - - -- ----... - -- - ---- -- -- ---- - ------------ - - ------- CAPTION OF CASE (entire capti.on ITlU13t be stated .in full) ANNE U. PEROSA, " ''1 " , (, '" " .., ; C~.ll '1 i-~ ..) ,...) 1 ~!J , : V' :.:'-> ~ ::~ ,:;) , :, ~. - , ., ) ;-, '.;>J , ')fI1 '-.:~ ~,> ~ -. '" Plaintiff (Plaintiff) vs. ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL, Defendants (Deferxlant I No. 1592 19 96 Civil Action 1. State matter to be argued (i.e.. plaintiff's motion for new triaJ.. def8lll$lD1;t., dmurrer to c~laint, etc.): Preliminary Objections of Robert [Dnergan. M.D. to Plaintiff's Complaint 2. Identify CXlunsel who will argue case: for plai.nti.ff: Christopher D. Mannix, Esquire, Robertson, Mannix &. I'iU Address: Riverview Place, 520 N. Delaware Ave., Suite 304 ,. .,\,,,'{; Philadelphia, PA 19123 ::'.~d: (bl for defendant: Craig A. Stone, Esquire, Mette, Evans & woodside Address: 3401 North Front Street, P.O. Box 5950, HarriSburg. PAt, (counsel to Holy Spirit Hospltal) , (c) Melinda S. Shoop, Esquire, Hartman & Miller, P.C., One Keystone Plaza.,.., 107, Front & Market Streets, Harrisburg, PA 17101 (counsel to Or. ~ 3. I will notify all parties in writing within 1:100 days that this case has' been listed for argurent. (al See attached Certificate of Service. 4. Argument Court Date: February 5, 1997 Dated: _.' j . .... Christopher D, Mannix, Esquire Rivervlew Place 520 North Delaware Avenue, Suite 304 Philadelphia, PA 19123 For Plaintiff Melinda S, Shoop, Esquire One Keystone Plaza, Suite 107 Front and Market Streets Harrisburg, PA 17101 For Robert Lonergan, M,D. Kathleen D. Yaninel<, Esquire 3401 North Front Street P,O, Box 5960 Hatrisburg, PA 17110-0950 For Holy Spirit Hospital :saa ~ I"'".ll.u,L. :J/~/'7 ~:t', -....:- : - , ANNE U. PEROSA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS YL VANIA v. ROBERT LONERGAN. M.D. and HOL Y SPIRIT HOSPITAL, CIVIL ACTION. LA W NO. 96.1592 Defendanls JURY TRIAL DEMANDED IN RE: PREI.IMINARY OBJECTIONS OF ROBERT p, LONERGAN. M.D, TO PLAINTIFF'S COMPLAINT BEFORE HOFFER. J. AND BAYLEY. J AMENDED ORDER OF COllRT AND NOW, this 6th day of February, 1997, the within Ca91l is slricklln from the argumllnt list upon representation by counsel that Defllndanl, Robert p, Lonergan, M.D., is withdrawing his preliminary objections to plaintiffs complaint without prejudice upon the representation of plaintiff that she will tilll an amended complaint to address those objections. By thll Court, I . .. Chri~topher D. Mannix. Esquire Robertson. Mannix & Palladino Riverview Place 520 North Delaware Avenue. Suite 304 Philadelphia, PA 19123 (Counsel to Plaintitl) Melinda S. Shoop, Esquire Hartman & Miller, P,C. One Key~tone Plaza, Suite 107 Front and Market Streets Harrisburg. PA 17101 (Counsel tor Defendant. Robert Lonergan, M,D.) ',' Kathleen D, Yaninek, Esquire Mette. Evans & Woodsidll 340 I North Front Street p, 0, Box 5950 Harrisburg, P A 17110-0950 (Counsel to Defendant, Holy Spirit Hospital) [>0.. h~.... f1'..:a..Q"t ~/,~/,,'7. ~ ~"f~ . ROBERTSON, MANNIX & PALLADINO IOHN T. ROBERTSON, IR" ESQU[RE IDENTIFICATION NO: ,B732 Riverview Place - Suite 304 ~20 N, Delaware Avenue Philadelphia, PA 19[23 (2 U) 62~-7m ANNE U, PEROSA . 191 Park Avenue . Collegeville, PA 19426 .. . Plaintiff, . v, . . ROBERT LONERGAN, M,D. . 2ff1 House Avenue . Suite I O~ . Camp Hill, PA 17011, . and . HOLY SPIRIT HOSPITAL . ~03 North 21st Street . Camp Hill, PA [7011 . . Defendants. . ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, 96-[592 CIVIL TERM CIV[L ACT[ON JURY TRIAL DEMANDED AMENDED COMPLAINT IN CIVIL ACTION NOTICE You ha.. bcon surd in COWl, If you ..Ish to d:r.nd aa>inst the claims seI ronb in the rollowina pa..s, you must Iak. action within twmy (2Il) days after this complalne and notl", are ..",ed, by onterin. a wrln.n oppearanca personally or by attorn.y and fllina in wrllin. willi the coun your def......s or obj..dons 10 the claims seI forth apillSl you, Yau are W1II1led thal if you fall to do so tho .... may pmceed wlthoue you and a judamcnl may be anlared apillSl you by the coun wlthOUI funb.r noli", for any money claimed In the complaint or for any oth.r claim or reli.f r.oqueSled by tho plalmifl'. You may lose money or property or Olher rlaJUs Imponam to you, YOU 5HOULDTAKE THIS PAPER TO YOUR LAWYER AT ONCI!. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO AND OUT WHERE YOU CAN GET LEOAL HELP. Cwnberland Counry Bar Association 2 Liberty A venue Carlisle. PA (717) 249-3166 AVI50 La han d.mandado a ult.d .n la con., 51 USIId qui.... defenderse de ..... demandas ..pu.sw en I.. pa.1nas llauJema, uSI.d lien. v.inla (20) diu de plaza aI panls do II fecho do II d.manda y la notificaclon. Ha", falla asenlat una compIIIIlCla esccita 0 .n person 0 con un a bo.ado y .n........ . Ia corta ... forma ...rita IUS d.r.nsas 0 IUS obj..l..... . Iu demandu ID conua de '" per>ona, Sea avisado que si usted no .. dafiaDdl, Ia con. lomara medidas y pued. conlinuat I. danwIda III _ suya sin previo aviso 0 notificacion. Ademas, II corta pueda , d.cldir a favor del d.mandanla y requl.re que IIIIId ...... conlodas I.. provisionas d. .lla d.manda, Usted pueda pardar dlnero 0 sus propiedadcs U OICOS d.rcchos important.. pall USIId, LLEVE ESTA DEMANDA A UN ABOOADO IN- MEDIATEAMENTE. 51 NO TIENE ABOOADO 0 51 NO TIENE EL DINJ:RO 5l1F1ClENTE DE PAOAR TAL 5ERVICI0. VAYA EN PERSONA 0 LLAMB POR TELEFONO A LA OACINA CUYA DIRECClON 58 ENCUENTRA ESCRITA ABAJO PARA AVERlOUAR DONDE 5E PUEDE CON5EGUlR A51STENSIA LEOAL , ~.- -M- t ~ ROBERTSON, MANNIX'" PALLADINO JOHN T. ROBERTSON, JR., ESQUIRE IDENTIFICATION NO: 53732 Riverview Place - Suite 304 520 N. Delaware Avenue Philadelphia, PA 19123 (215) 625-7777 ATTORNEY FOR PLAINTIFF ANNE U, PEROSA . 191 Park Avenue . Collegeville, PA 19426 . . Plaintiff, . v. . . ROBERT LONERGAN, M,D, . 2f11 House Avenue . Suite 105 . Camp Hill, PA 17011, . and . HOLY SPIRIT HOSPITAL . 503 North 21st Street . Camp Hill, PA 17011 . . Defendants. . COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, 96-1592 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED AMENDED COMPLAINT IN CML ACTION 1. Plaintiff Anne U, Perosa is an adult individual residing at the above captioned address. 2. Defendant Robert Lonergan, M.D. is an adult individual and physician and surgeon who is licensed to practice medicine under the laws of the Commonwealth of PeMSylvania, maintaining a place where he regularly conducts business at the above captioned address. 3. Defendant Holy Spirit Hospital is a health care institution and corporation or other entity organized and existing under the laws of the Commonwealth of PeMSylvania with its principal place of business at the above captioned address, 4. All of the acts alleged to have been done or not to have been done by Defendants were done or not done by said Defendants, their agents, servants and/or employees all of whom were acting within the course and scope of their authority with and on behalf of said Defendants. j, At all times relevant hereto each Defendant herein was the agent, servant, workman and/or employee of each other Defendant herein. 6, At all relevant times, defendant Holy Spirit Hospital held itself out to the public and the plaintiff as a quality medical facility with excellent physicians. 7, At all relevant times, defendant Holy Spirit Hospital was the employer and/or was otherwise legally responsible for the pertinent treatment and surgery performed by defendant Lonergan. M,D" including at its hospital location at the above captioned address. 8. At all relevant times, defendant Lonergan, M,D. held himself out to the public and the plaintiff as a skilled and careful physician and surgeon trained to provide skilled medical attention to patients, 9. In or about 1991, Plaintiff submitted herself to the care of Defendants for onhopedic treatment, due to, ~ illia right knee problems and Plaintiff continued under Defendants' care for a periOd of time thereafter. 10. During and after 1991. Defendants, jointly and severally, treated Plaintiff in such a negligent and careless manner that they cau~ed severe and permanent injuries to Plaintiff, and they caused physical harm to Plaintiffs body and organs, as well as severe anxiety and emotional distress. 11. In 1991, defendant Lonergan, M,D. treated the plaintiff, and also performed 2 :... O. '.. (~ v: I. ~.: ~ .-::0-:: tJ9 . '~~ r. ;.. ~ ~r, . ~....: :'"1. c.. " :J (~) ,- ,. ~: N :"';~J :;J'- , 0:: ,:,,1i ......1'. ... :!"- r "'" ~ ,.. _l en Ll .... , >- c, .. ".; , .~ UJ( - ; ( "I. .....( t'. . (~j!- 8~ .::-. -' ~L .. L , '- ,. '. "' r- , c.. c" J . " . Defendants other than Hospital and as such should not require an answer from Hospital. 9, Denied as stated. It is admitted that PlaintitT was admitted to Hospital by Dr. Lonergan on January 10, 1991, where she remained until January 16, 1991 for purposes of undergoing a right unicondyler total knee replacement. Orthopedic care and treatment was rendered by Dr, Lonergan and not Hospital. 10, The averments of the corresponding paragraph of Plaintiffs Amended Compalint are conclusions of law and are denied in conformance with Pennsylvania Rule of Civil Procedure 1029(e), 11, Denied for reasons set forth in paragraphs #4, #6 and #9. 12. Denied as stated, The averments of paragraph #9 are incorporated by reference as if fully sot forth, COUNT I.NEGLIGENCE rlaintilf VI!I Defendant Robert Lonerllan. M.D. 13-19, Denied for reasons set forth in paragraph #8, WHEREFORE, Hospital demands that Plaintiffs Complaint be dismissed with costs to it, .2- COUNT II.LACK OF INFORMED CONSENT Plaintiff vs Defendants Robert Lonerllan. M.D. 20-23, Denied tor reasons set forth in paragraph #8, WHEREFORE, Hospital demands that Plaintiffs Complaint be dismissed with costa to it, COUNT III.NEGLIGENCE fJaintiff vs. Defendant Holy Spirit Hosoital 24, Defendant Hospital incorporates paragraphs 1 through 23 inclusive as if fully set forth, 25. Denied in conformance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Hospital demands that Plaintiffs Complaint be dismissed with costa to it, COUNT IV.NEGLlGENCE Plaintiff vs. Defendant Holy Spirit Hosoital 26. Defendant Hospital incorporates paragraphs 1 through 25 inclusive as iffully set forth, 27.29, The averments of the corresponding paragraphs of Plaintiffs Amended Complaint are conclusions of law to which no answer is required. If an .3- answer is deemed required, the same are denied in conformance with Pennsylvania Rule of Civil Procedure 1029(e). Hospital incorporatea the denial a of agency set forth in paragraph #4, 30, Denied in conformance with Pennsylvania Rule of Civil Procedure 1029(e). Further, after reasonable investigation, Ho~pital is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraph of Plaintiffs Amended Complaint, same are therefore denied and strict proof, if relevant, is demandtld at time of trial. 31. After reasonable inveatigation, Hospital is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraph of Plaintiffs Amended Complaint, and the same are therefore denied and strict proof, if relevant, is demanded at time of trial. WHEREFORE, Hospital demands that Plaintiffs Complaint be dismissed with costs to it. NEW MATI'ER 1. Plaintiffs claims are barred by operation of the applicable statute of limitations, including 42 Pa,C.S.A. ~5524 and 40 P,S. ~1301.605, 'I - 4. , ANNE U, PEROSA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintilf v. CIVIL ACTION - LAW ROBERT LONERGAN, M.D, and HOL Y SPIRIT HOSPITAL, NO. 96-1592 Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, ROBERT P. LONERGAN, M.D., TO PLAINTIFF'S AMENDED COMPLAINT AND NOW COMES the Defendant, Robert p, Lonergan, M,D, (hereinafter "Dr. Lonergan"). by and through his attorneys. Hartman & Miller, P.C., and in response to Plaintiff's Amended Complaint avers as follows: ANSWER I, After reasonable investigation, Dr. Lonergan is without knowledge or information sufficient to form a belief as to the truth of the avennents set forth in paragraph I of Plaintiff's Amended Complaint; the averments are therefore denied and strict proof thereof is demanded at trial. 2, Admitted, 3, After reasonable investigation. Dr, Lonergan is without knowledge or information sufficient to form a belief as to the truth of the avennents set forth in paragraph 3 of Plaintiff's Amended Complaint; the averments are therefore denied and strict proof thereof is demanded at trial. Lono:rgan was a Board-co:rtitio:d orthopo:dic surgeon. 9. The avermO:n1s containo:d in paragraph 9 of Plaintitrs Amended Complaint aro: conclWlions of law or fact to which no response: is nece:ssary; to Jle: extent a re:sponse may bo: deemed no:cessary, the avemlents are dcnied as stated. It is admitted that PlaintitT first consulted Dr. Lonergan on November 5. 1990 tor e:valuation of de:ge:ne:rativc: arthritis in both kne:es, 10. The: averme:nts contained in paragraph 10 of Plaintiffs Ame:nde:d Complaint are conclWlions of law or fact to which no response: is necessary; to the exte:nt a response: is de:emed necr,ssary. the averments are denied pursuant to Rule I 029(e:) of the Pennsylvania Rules of Civil Procedure, 11-12. The averments contained in paragraphs II and 12 of Plaintiff s Amended Complaint are conclusions of law or fact to which no response is necessary; to the extent a response is deemed necessary, the averments are denied as stated, [t is admitted that on January [0. 1991, Dr, Lonergan performed a right knee unicondylar replacement and removal of lateral plica on Plaintiff at Defendant, Holy Spirit Hospital, 13, No further response is necessary, 14-19. The averments contained in paragraphs 14.19 of Plaintiff s Amended Complaint are conclWlions of law or fact to which no response is necessary; to the exte:nt a response is deemed necessary, the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure, 20, No further response is no:ce:ssary, 21. Tho: avermo:nts contained in paragraph 21 of PlaintiTs Amo:ndo:d Complaint are conclusions of law or fact to which no re:sponse is no:cessary; to the exto:nt a re:sponse is do:emed 3 necessary. the averments are denied, On the contrary. Dr, Lonergan specifically advised Plaintiff. Anne Perosa. of the risks. complications and alternatives to the right knee surgery; Anne Perosa appeared to understand the discussionIs); and elected to undergo the procedure. In addition. PlaintilT, Anne Perosa. signed a Consent to Operation, Diagnostic Procedure. and Anesthetic form on January 9, 1991, containing an acknowledgment that the purpose, nature. risks and alternatives to the surgery had been explained to her satisfaction by Dr. Lonergan, A true and correct copy of the Consent form is attached hereto and made a part hereof as Exhibit "'An, 22-23, The averments contained in paragraphs 22-23 of Plaintiffs Amended Complaint are conclusions oflaw or fact to which no response is necessary; to the extent a response may be deemed necessary. the averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure, 24, No further response is necessary, 25, The averments contained in paragraph 25 of Plaintiffs Amended Complaint are not directed at Dr. Lonergan and therefore, no response is necessary; to the extent a response is deemed necessary. the averments are denied. 26. No further response is necessary, 27-3 I. The averments contained in paragraphs 27-31 of Plaintiffs Amended Complaint are not directed to Dr, Lonergan. and therefore. no response is necessary; to the extent a response is deemed necessary. the averments are denied, WHEREFORE. Defendant. Robert p, Lonergan. M.D,. demands judgment in his favor and against Plaintiff and all other parties. and that Plaintiffs Amended Complaint be dismissed 4 with prejudice and costs of this action, NEW MATTER 32, The averments set forth in Plaintiffs Amended Complaint fail to state a claim or cause of action against Dr, Lonergan upon which relic:f may be granted, 33, Dr. Lonergan hereby incorporates by reference as though fully set forth herein the averments of tact set forth in answer 10 paragraph 21 hereinabove, 34. If PlaintilT suffered injury and damages as a result of the actions or inactions of individuals or entities, as alleged in Plaintiffs Amended Complaint, such actions or inactions were of individuals or entities other than Dr, Lonergan. his agents, servants, or employees. and over whom Dr, Lonergan neither exercised nor had the right or duty to exercise control. and for whose actions or inactions Dr. Lonergan is not responsible or otherwise legally liable, 35. At all material times, Dr, Lonergan conformed his conduct to the state of medical knowledge, common and accepted procedures in the medical profession, the state-of-the-art of medical practice and all other available information in response to any existing and ascertainable clinical condition of Anne Perosa. 36. Any claim or cause of action set forth in Plaintiffs Amended Complaint ill barred by the applicable statute of limitations, including specifically, but not limited to, any claim or cause of action based upon acts or omissions occurring prior to March 25, 1992, and which, by reason of lack of specificity of pleading, is not directly and specifically set forth in the language of Plaintiffs Amended Complaint, but which Plaintiff seeks to raise at a later time by further amendment, claiming to have preserved such claim or cause of action within Plaintiffs Amended Complaint. 5 37, Any claim or cause of action sct forth in Plaintin's Amended Complaint is barred by operation of the contributory/comparative negligcnce of Plaintiff, Anne Perosu, as may be developed during discovery, 38, Any claim or cause of action as set forth in Plaintiffs Amended Complaint is barred by operation of the assumption of a known risk by Anne Perosa as may be developed during discovery, WHEREFORE, Defendant, Robert P,Lonergan, M,D" demands judgment in his favor and against Plaintiff and all other parties, and that PlaintilTs Amended Complaint be dismissed with prejudice and costs of this action, NOTICE TO PLEAD You are hereby notified to liIe a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, HARTMAN & MILLER, P,C. By: Melinda S, Shoop, squire Supreme Ct. 1.0. #37349 One Keystone Plaza, Suite 107 Front and Market Streets Harrisburg, PA 17101 (717) 232-3046 , Attorneys for Defendant, Robert Lonergan, M.D. 6 ~ ...,. .... ~ ...~ ~ ~ '" ~,~ ~.:t ... ... '" .~.::;-' ~ ~ '\~ ~ ~ "'. ...~ ~ ~ ..."'" "... ~ <J ... Q' ~ ~ ~ ;? '\ ~~ ~ ~ ~ ~ ~ ~ ^" ~~ '" .- .,.; '" .-: ...' ".", ~>: - I ) .~.:; r' :r: , i.. 'C ~ -" ,. !~~ ~ h' .0 ,'.~ in . I- I .~17 I.;;:" :" ~: >- ,,:,i) .-C .10- ~ =:: ~ ~ :> u ... ROBERTSON, JACKSON & PALLADINO WILLIAM T, JACKSON, ESQUIRE IDENTIFICATION NO: 43207 RIVERVIEW PLACE. SUITE 304 520N, DELAWARE AVENUE PHILADELPHIA, PA 19123 (215) 625-7777 ATTORNEY FOR PLAINTIFF ANNE U, PEROSA " . Plaintiff, . . v. . . ROBERT LONERGAN, M,D, . and . HOLY SPIRIT HOSPITAL . . Defendants. . COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 96-1592 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED ANSWER OF PLAINTIFF ANNE E, PEROSA TO NEW MATTER OF DEFENDANT ROBERT P. LONERGAN. M.D. Plaintiff, Anne E, Perosa, by and through her counsel, William T. Jackson, Esquire, responds to the New Matter of Defendant Robert p, Lonergan, M,D. as follows: 32, Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responses are required, 33, Admitted in part, denied in part. It is admitted that there is an Exhibit. A. 1Itw!1d to Defendant's New Matter, Said Exhibit, being in writing, speaks for itself and any characterization thereof is specifically denied, Plaintiff is without knowledge sufficient to fonn a belief as to the truth of the remainder of Defendant's avennents of fact as set fonh In Defendant's answer in Paragraph 21 and therefore they are specifically denied and strict proof thereof is demanded at time of trial. 34, Denied. After reasonable investigation, answering Plaintiff is without knowledge . sufficient to fonn a belief as to the: truth of the avennents of this paragraph and strict proof thereof is demanded attUne of trial in this case. By way of funher answer, avennents contained in this paragraph are conclusions of law to which no funher response is required, Additionally, the avennents contained in this paragraph are denied generally pursuant to Pa, R.C, P. 1029(e), Plaintiff also specifically denies that all injuries and damages to Plaintiff were the result of the actions or inactions of individuals or entities over whom Dr. Lonergan, his agents, servants or employees, had no control. 305, Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responses are required. By way of further response, it is specifically denied that Dr, Lonergan's conduct confonned to that suggested by the avennents of this paragraph. 36. Denied, The allegations contained in this paragraph are denied as conclusions of law to which no responses are required. By way of further answer it is specifically denied that the language in Plaintiffs Amended Complaint lacks .,pecificity. 37-38. Denied, The allegations contained in this paragraph are denied as conclusions of, law to which no responses are required, ROBERTSON, JACKSON & PALLADINO BY: I T. JACKSON, Esquire ,.. 0' f'. .... '.' " ',' v; .,.. lJ!t t,,.? ( , L.. " c!- j " :r:: c. ,... Uj" .' kl, :> :J ~' ::"L. .' :r.; , j L;, r- 0 '" (..J ROBERTSON, JACKSON & PALLADINO WILLIAM T, JACKSON, ESQUIRE IDENTIFICATION NO: 43207 RIVERVIEW PLACE - SUITE 304 520 N, DELAWARE AVENUE PHILADELPHIA, PA 19123 (215) 625-7777 ATTORNEY FOR PLAINTIFF ANNE U, PEROSA . . Plaintiff, . . v, . . ROBERT LONERGAN, M.D, . and . HOLY SPIRIT HOSPITAL . . Defendants, . COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 96.1592 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED ANSWER OF PLAINTIFF ANNE E. PEROSA TO NEW MA'ITER OF DEFENDANT HOLY SPIRIT HOSPITAL 1-3. Denied, The allegations contained in this paragraph are denied as conclusions of law to which no responses are required, 4, Denied, After reasonable investigation, answering Plaintiff is without knowledge sufficient to fonn a belief as to the truth of the avennents of this paragraph and strict proof thereof is demanded at time of trial in this case, By way of further answer, avennents contained in this paragraph are conclusions of law to which no further response is required. Additionally. tbe , avennents contained in this paragraph are denied generally pursuant to Pa, R.C,P, 1029(e). 5, Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responses are required. 6, Denied, After reasonable investigation, answering Plaintiff is without sufficient to fonn a belief as to the truth of the avennents of this paragraph and strict proof thereof VERIFICATION The Undersigned having read the attached Answer of Plaintiff Anne E, Perosa to New Malter of Defendant Holy Spirit Hospital verifies that the within document is based on infonnation gathered by counsel in the course of this lawsuit, The signer verities that he has read the within answelll and that it is true and correct to the best of signer's knowledge, infonnation and belief, This Verification is made subject to the penalties of 18 Pa. C.S,A, ~904 relating to unsworn falsification to authorities, DATE: May 16, 1997 JACKSON, ESQUIRE laintiff ...,. ". " i lJ: i (',~ ; II ! ~ ~2 .~ L ,-, l ( ., , 1 ' [.:.. N . .1, :..- ;;li IJ.: .<. ,.. :.c t,'.. r- ,:.} U (j'< U '", -' 0# ANNB U. PEROSA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL, Defendants NO. 96-1592 CIVIL TERM AND NOW, this ~ 0 rl day of May, 1997, upon coneideration of Motion of Defendant Robert P. Lonergan, M.D. to Compel Discovery, . Rule is hereby ISSUED upon the Plaintiff and Defendant Holy Spirit Hospital to show cause why the relief requested should not be granted. RULB RETURNABLE within 20 days of service. BY THE COURT, Christopher D. Mannix, Esq. Riverview Place Suite 304, 520 North Delaware Ave. Philadelphia, PA 19123 Attorney for Plaintiff \ Melinda S. Shoop, Esq. Suite 107, One Keystone Plaza Front and Market Streete Harrisburg, PA 17101 Attorney for Defendant Lonergan Craig A. Stone, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorner for Defendant Holy Sp rit Hospital " '^ 11_ l. .4.f;1 /)'l-"(4.t,..e.:. ~fl6-' r :rc " I.'.:.. , . ,.J, , ." " ;i\!;~';.L)~i" <~,};pi{i 'j! , .. .. if --,-.. IfAlmtAN "P4Jq.a, P.c. 0NIl JCanrolq ~ . S1J11J IIY1 . FIONT AND MAult STRms HAUIS8UllG. PA mOt. , (717) 232-3046 ~ f /,:,::>",~" ;.'t;'~l~:';;;,;} ;;" -;'-''''':,-.\1; :':!-;;};:L~ ',L' ::,}::t:;*2 . .' " " 'i" ~ \, i. "",'\t . " ~ ;',:,~ ~t~: t. , r !J., :~.; :,,, :> , . IXHI8IT It "b5~~"? . .. LEIGH A.J. ELLIS' ASSOCIATES, P.C. BY: Leigh A.J. Ellis Identification No. 53229 Darlene K. ICing Identification No. 75898 1850 William Penn Way suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 60,597 Attorney. for Defendant: Robert P. Lonergan, M.D. ANNE U. PEROSA : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL : NO. 96-1592 TWELVE JURORS DEMANDED INTERROGATORIES or DErBNDAHTS, a08taT LO.ERGAN, M.D., ADDRESSED TO PLAIHTIrrS - SET I Robert Lonergan, M.D., Defendant in this action, serve the within Interrogatories on Plaintiff(s) and make demands on Plaintitf(s) to answer same under oath within thirty (30) days. Plaintiff(s) shall answer these interrogatories notwithstanding the status of actual service of process on each of the named defendant(s) submitting these Interrogatories and without t.he waiver of sel'Vice ot process by each of the same detendant(s). These Interrogatories are continuing and any information secured subsequent to the filing of your Answers, which would have been included in your Answers had it been known or available, is to be supplied by Supplemental Answers. " . I. DEFINITIONS A. "You" or "your" shall mean the person or entity to whom the.e interrogatories are addressed; or any agent or person actinq on your behalf. B. "Person" or "persons" shall mean any natural individual or any corporation, firm, partnership, proprietorship, association, entity, joint venture, or other business organization. C. "Document" shall mean any original written, typewritten, hand written, printed or recorded material as well as all tapes, non-duplicate copies and transcripts, now or at any time in your possession, custody or control. Without limitation of the term "control" as used in the preceding sentence, a document is deemed to be in your control if you have the right to secure the document or a copy thereof from another person, or public or private entity which has actual possession thereof. If a document was, but is no longer in your possession or subject to your control, state what disposition was made of it, by whom and the date or dates, or approximate date or dates, on which such disposition was made, and why. 2 II. INSTRUCTIONS In responding to these interrogatories, respondent shall follow the instructions set forth below: A. The person to whom these interrogatories are addressed shall answer the interrogatories below under oath with thirty (30) days of service hereof, or such shorter time as the Court may order. B. In a~swering these interrogatories, each answering party shall furnish all information available at the time of answering. c. If you do not answer an interrogatory in whole or in part because of a claim of privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege, and identify all documents for which such privilege is claimed. D. When a natural person is required to be identified, state his name, business and/or residence address. E. "Or" shall be construed either conjunctively or disjunctively to bring within the scope of these interrogatories any information which might otherwise be construed outside their scope. 3 . III. INTERROGATORIES 1. state your full name, date and place of birth, marital status at the time of the incident and your present marital status, your current home address and your social security number. 2. If you claim an injury resulting from the medical attention or treatment given you by Defendant, describe such injury fully and in detail. 3. state the name and address of your family physician at the time of the treatment, surgery or examination upon which this action is based. 4. state in detail the injuries or diseases that you allege that you suffered as a result of treatment, surgery or examination upon which this action is based. 5 3. Any and all medical reports, bills and statements of lost wages, if any. 4. Any statements or reports of experts whom you expect to call as a witness at trial. 5. All documents including drafts, preliminary and/or final reports prepared in whole or in part by each trial expert in connection with each of the subject matters about which the expert is expected to testify at trial. 6. All documents sent to each trial expert in reference to this litigation. 7. All documents upon which the trial experts will rely for their opinion or opinions that will be expressed at trial. 8. All documents utilized, relied upon, consulted in or reviewed by each trial expert in connection with this litigation. 9. All documents setting forth any compensation agreement between the trial experts and Plaintiffs. 10. All documents used or relied upon by the trial experts in preparing answers to the Expert Interrogatories. 11. All documents, including a curriculum vitae that the plaintiffs contend will establish the expert's qualifications for trial purposes 12. Any and all medical records, charts, x-rays, ultrasounds, tomograms, Mals, CAT scans, sonograms, test results, pharmaceutical and dental records in the possession of the Plaintiffs 01 Plaintiffs' counsel. LEIGH A.J. ELLIS' ASSOCIATES, P.C. LEIGH A.J. DARLENE 1(. Attorneys f Robert Lon IS NG r Defendant, gan, M.D. 2 EXHIBIT B . HARTMAN & MILLER, P.c. ~ '" . - . . ATTORNEYS AT LAW .. ON. KEYSTONE Pt..\L\ . St.;rrE lll7 . FRONT .'_'0 \1.\RXHSrRfl:TS . H.'RRJSBl,:Rt~ . PA . 17101 TELEPHONE (717) 232.)0"" . F.\CSlMIlF (717) 232,J5Jij 1..0 M, H^"""^'" DAVID C. MOI.UK MSUNOA 5. 5H<1<'" OtuiW P GANNOf't F~bruary 18, 1997 Christopher D. Mannix. Esquire Robertson. Mannix &. Palladino Rivervillw Placll 520 No"h Delaware Avenu~, Suite 304 Philadelphia. PA 19123 Re: Anne U. Perosll v. Robert Lonergan, M.D. and Holy Spirit Hospital Cumberland County No. 96-1592 Dear Mr. Mannix: In follow-up to our rec~nttlllephone conversations in the above referenced action, it is my undersranding that Plainritrs Amllndlld Complaint to cure the Preliminary Objections of Dr, Lonergan and Holy Spirit Hospital will bll tiled within the nextlWo weeks. Please be advised that if the Amended Complaint is not received within this time framll, I will proceed with relisting thll Preliminary Objections for argument at the next available Argument COU" on April 16, 1997. In addition. I understand that Dr. Lonergan's Interrogatories and Requests for Production of Documents served on Plaintiff in September, 1996. will be answered by Plainriff no larcr than March 21. 1997, In the event these responses are not received on or before March 21, 1997, a Motion to Compel will be pursued, These responses should include providing copies of the medical records of Mrs, Perosa's subsequent treating physicians and hospitals. As you know, [ recently subpoenaed dIe records ofSeidle Memorial Hospital for Mrs. Peroso. They have requested that she sign an Authorization before the release of these records and [ understand' that this authorization 'vas sent to you on January 27, 1997, Would you kindly have Mrs. PeroS8 sign this authorization and return it to the Records Custodian at Seidle Memorial Hospital to expedite the release of these records. Please copy me on any correspondence to Seidle Memorial Hospital regarding this issue, Lastly, I understand that you will make arrangements for copies ofMrs, Perosa's x-ray films to be obtained and that you will return the originaltilms from Dr,lonergan's office to me for safekeeping. [I' you have any questions concerning these issues or wish to further discuss them. or in the event my undersranding is incorrect in any respect. please contact me promptly to further discuss these issues. Otherwise, ( look forward to receiving Plaintiffs Amended Complaint, discovery responses, medical records. x-ray films and the return of Mrs, Perosa's Authorization to Seidle Memorial Hospital. Thank you for your prompt attention to this matter. Very truly yours. ~ Melinda S. Shoop l\ISS:jms cc: Kathleen D. Yaninek, Esquire ~. On June 2~. 1'197. ~ounsd tilr Dr. l.onergan ~poke to PI..intiffs ~ounsel n:garding the insufli~ien~ies in the responses to the dis~owry reljuests. Counsel for Dr. Lonergan stated that she would not withdraw the Motion to Compel be~ause of the insufticicneics, but would I!Irant Plaintiff a 20-duy extcnsion of time to pmvide thc remaining re4ucsted inturmation. This agrecment. along with a dcscription of the insufticicncics. wus containcd in a Icltcr datcd Junc 25.1997, to Plaintiffs counsel and copicd to this Court. A truc and corrcct copy of this Ictter is attached hereto as Exhibit "A". and is incorporatcd herein by rcfcrence. 5. On June 26.1997. counsellur Dr. Loncrgan again spoke to Plaintiffs counsel and I!Iranted Plaintiff a 60-day extension oftimc to provide an expert report. rathcr than the 20-day extension applicable to the other outstanding discowry re4ucsts. This conversation was recorded in a Ictter to Plaintitrs counsel dated June 27.1997. A true al1l1 correct copy of this letter is attached hereto as Exhibit "B". and is incorporated hercin by reference. 6. Althoul!lh counsellur Plaintiff and counsel for Dr. Lonerl!lan have resolved most of the outstanding discovery issues idcntiticd in thc Icttcr of June 25. 1997. Plaintiff has not idcntified un expert witness who will support hcr casc. nor providcd un expert report. 7. In a tclephonc conversation on or about September II. 1997. counsel for Dr. loncrl!lun intormed Plaintiffs counsel that if un expert report was not received by September U. 1997. Defendant would pursue the necessary steps to tilc a Motion for Sanctions. 8. Despite thc passage of 16 weeks from the Court's issuance of a Rule to Show. Cause. and ~ weeks since the cxpiration of the (lO-day extension. Plaintiff has tailed to provide.n expert report. , EXHIBIT A EXHIBIT B ~ ,., i:; ~ - J.. ~ .:; ~') ~~ : J::. ~ ~..,. x: ,.),::t ff" .r 0.. '--I ';:J a.',: ~.. ..~ o~. <'I ..,'" -~l~ 8., N . . ~", fa::~: . a.. ; :'(Ll Lo,I ,..:.}u. f. VI :3 ". r- 0 r:r Set I; (b) Interrogatories of Defendant. Robert Lonergan, M,D" Addresscd to Plaintiff- Set II; and (e) Request for Production of Documcnts of Dcfendant, Robert Lonergan, M.D., Addressed to Plaintiff - Set I. 5. In addition to other information, these discovery requests sought the identity of expert witnesses to testify on bchalfofPlaintiffat the time of trial, and the provision of the reports rendered by those experts. 6. On May 27, 1997, undersigned counsel for Dr, Lonergan filed a Motion to Compel Plaintiff to Answer Defendant's Interrogatories - Set I and Set II, and to Respond to Defendant's Request for Production of Documents within twenty (20) days, and a Briefin Support thereof. 7. On May 30,1997, the Honorable Wesley Oler, Jr. issued upon Plaintiff a Rule to Show Cause why Dr. Lonergan's Motion to Compel Discovery should not be grunted. The Rule was returnable: within twenty (20) days of service, which was effected by certified letter dated June 4, 1997, A true and correct copy of the Rule to Show Cause is attached hereto as Exhibit "A", and is incorporated herein by reference. 8. Although counsel for Plaintiff and undersigned counsel for Dr, Lonergan resolved rnuny of their outstunding discovery issues without further court intervention, Plaintiff still failed to identify an expert witness who will support her claims, or to provide an expert report. 9. Consequently, after giving Plaintiffs counsel an extension of three months, in addition to the twenty (20) days provided by the Court's Rule to Show Cause, undersigncd 2 .. -A-) ~~ counsel for Dr, Lonergan tiled a Motion to Make Rule Absolute on or ahout Septcmber 1<), 1997. 10, In rcsponse to Dr, Lonergan's Motion to Make Rule Absolutc, the !Ionorablc Wesle:y Olcr, Jr. scheduled a discovcry ~onference for October 20, 1<)97, II. At the discovery conference on October 20, 1<)97, the Honorable Wesley Oler, Jr, entered an Order directing Plaintiff to furnish to Dr, Lonergan the report of any expert whom Plaintiff intends to call at trial on the issue of liability within forty-five (45) days of the date of the Order. The Court directed that i I' no such reports are furnished to Defendant within the above-referenced time: period, the Plainti ff will be precluded frorn calling an expert at trial on the issue of liability wilhout a further Order from the Court, A true und correct copy of this Order is attached hereto as Exhibit "B", and is incorporated herein by reference. 12. Despite the pussage of forty-five (45) days frorn the date of the Court's Order, Plaintiff has still failed to provide an expert report in support of her claims. Consequently, Plainti ff is now precluded from introducing uny expert testimony at trial against Dr. Lonergun in aecordance with the Order of Judge Oler, dated October 20, 1997. 13. A medical expert report is necessary to establish the required elernents of a rnedical malpractice action. A Plaintiff in such an action must prove that the physieian failed to possess or ernploy the required skill und knowledge, or failed to exercise the care und judgment of a reasonable person in similar circumstances, and that the injury complained of resulted frorn that failure. Qillins v. Hand, 431 Pa. 378. 383. 246 A.2d 398, 41 (1968), 14. U[W]here the treatment and injury involved are such that common knowledge or experience oflayrnen is not sufticient to fornlthe busis for passing an intelligentjudgrnent ... expert testirnony in support ofthe plaintiffs claim is an indispensable requirement to establish a 3 ANNE U. PEROSA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . . ROBERT LONERGAN, M.D. and HOLY SPIRIT' HOSPITAL, Defendant . . : 96-1592 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 20th day of october, 1997, upon consideration of the Motion of Defendant Robert P. Lonergan, M.D. To Compel Discovery, and following a discovery conference held in the chambers of the undersigned judge, in which plaintiff was represented by Christopher D. Mannix, Esquire, and Defendant Lonergan was represented by Melinda S. Shoop, Esquire, and pursuant to an agreement of counsel, the motion is granted to the extent that Plaintiff is directed, within 45 days of today's date, to furnish to Defendant Lonergan the reportes) of any expert(s) whom plaintiff intends to call on the issue of liability. In the event that no such reportes) are furnished to Defendant on a timely basis, Plaintiff shall be precluded from , calling an expert at trial on the issue of liability without further Order of Court It is noted that both counsel are in agreement that a letter from Dr. Robert E. Booth, Jr. to William T. Jackson, Esquire, dated September 19, 1997, would not constitute an expert report on liability. By the Court, J. . " , PRAE~IPE FOR LISTING CASE FOR ARGUMENT (JolJ.5t be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argurent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) ANNE U. PEROSA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (Plaintiff) CIVIL ACTION - LAW vs. NO. 96-1592 ROBERT LONERGAN, M.D. and HOLY SPIRIT HOSPITAL, JURY TRIAL DEMANDED ( Defen:lant) No.96-1592 Civil 1996 1. State matter to be argued (Le., plaintiff's rrction for new trial. defendant's danurrer to canplaint. etc.): Motion for Summary Judgment of Defendant, Robert Lonergan, M.D. 2. Identify counsel who will argue case: (a) for plaintiff: John T. Robertson, Jr., Esquire ~s: Robertson, Mannix & Palladino Riverview Place, 520 North Delaware Avenue, Phil~delp~ia, PA 19123 (b) far defendant: Amy C. Foerster, Esquire ~s: Hartman & Miller, P.C. 126-128 Walnut Street Harrisburg, PA 17101 3. I will notify all parties in writing within boo days that this case hils been listed for argurent. 4. ArgUnellt Court Date: January 28, 1998 llBted: At~~ f~~~rgan. M.D. / ..- ROBERTSON & PALLADINO JOHN T. ROBERTSON, JR" ESQUIRE IDENTIFICA nON NO: .53732 RIVER VIEW PLACE. SUITE 304 .520 N, DELAWARE AVENUE PHILADELPHIA, PA 19123 (21.5) 62.5-7777 ATTORNEY FOR PLAINTIFF ANNE U. PEROSA . COURT OF COMMON PLEAS . CUMBERLAND COUNTY Plaimiff. . NO, 96-1592 CIVIL TERM . v, . . ROBERT LONERGAN. M.D. . CIVIL ACTION and . JURY TRIAL DEMANDED HOLY SPIRIT HOSPIT Ai. . . DefendunlS, . PRAECIPE TO DISCONTINUE ACTION WITH PRF.nrmCE TO THE PROTHONOTARY: Kindly mark the above-captioned action discontinued with prejudice. .----~-'- . ROBEpSON~ PALLADINO i ~\!~-_~._'. ~__)-- ") By: '{.\ ..-..:.~:----..... -. , -) JOHN T. ROBERTSON,JR., Esquire . Attorney for Plaimiff, Anne U. Perosa DATE: - ROBERTSON & PALLADINO JOHN T. ROBERTSON, JR" ESQUIRE IDENTIFICATION NO: 53732 RIVERVIEW PLACE - SUITE 304 520 N, DELAWARE AVENUE PHILADELPHIA, PA 19123 (215) 625-7777 ATTORNEY FOR PLAINTIFF ANNE U. PEROSA . . Plaintiff, . . v. . . ROBERT LONERGAN, M.D. . and . HOLY SPIRIT HOSPITAL . . Defendants , . COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 96-1592 CIVIL TERM CIVIL ACTION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I,. John T. Robertson, Jr,. Esquire, certify that I have served a copy of the foregoing Praecipe to Discontinue Action With Prejudice to all counsel listed below by Regular Mail on January 6, 1998. DATE: January 6, 1998 T. R ON, JR., Esq Attorney for Plaintiff, Anne U. Perosa .... c. ";- c": <:..: I ;.:: lilt" C"'""-;. (.).r \-;: ~ .- -- 0:':' ; ~- \;:l ~I Lt.l ;. - ! ~ .- L_ 'I , ~ " e) _J 0 tJ', U