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Home My WebLink About96-01860 JULIE A KIRBY and BRIAN FISHER Individually lInd as Co-Administrators of the Estate of Logan Fisher, Deceased Plaint ills : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA, vs, : CIVIL ACTION . LAW GEORGE JEFFERIES, M,D" EMERSON ; NO, 1&.-- IStrc) Ct-L~LL 0 L.vw-- FLURKEY, MD, and FLURKEY. JEFFERIES ASSOCIATES, INC., Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aller this Complaint and Notice are served, by entering a wrillen appearance personally or by allomeyand filing in writing with the Court your defense or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plnintilr. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS 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. Court Administrator 4th Floor. Cumberland County Courthouse Carlisle,PA 17013 (717) 240.6200 JULIE A, KIRBY and BRIAN FISHER Individually and as Co-Administrators of the Estate of Logan Fisher, Deceased Plaintiffs : IN THE COURT OF COMMON I)LEAS : CUMBERLAND COUNTY, PENNA. vs. : CIVIL ACTION - LAW GEORGE JEFFERIES, M.D., EMERSON FLURKEY. M,D, and FLURKEY- JEFFERIES ASSOCIATES, INC,. Defendants NO, : JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte, Si usted guiere defenderse de est as demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza a1 partir de la fecha de la demanda y la nontificacion. Usted debe presentar unaapariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demand as en contra de su p esona. Seaavisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demand a, Usted pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTA, SI NO TIENE ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SER VICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUYA D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL, Court Administrator 4th Floor, Cumberland County Courthouse Carlisle. PA 17013 (717) 240-6200 6, At all relevant times herein, Defendant Flurkey-JetTereies Associates, tnc, was a professional corporation with medical offices and facilities in Camp Hill, Cumberland County, Pennsylvania, 7, At all relevant times hl:rein, Defendants JetTeries and Flurkey were agents, apparent agents, servants and/or employees of Flurkey-JetTeries Associates, tnc, 8, In November. 1993 PlaintitT Kirby sought prenatal care from the Defendants. 9. From November, 1993 until June, 1994 Ms. Kirby complied with the instructions and directives given to her by her obstetricians, the Defendants, 10, At all relevant times herein, Ms, Kirby complied with the Defendant physicians' orders and instructions, ] L During the prenatal period, Ms, Kirby had difficulty with nausea and vomiting, ] 2. During the prenatal period, the Defendant physicians did not evaluate, diagnose, monitor and treat Ms. Kirby correctly for Rh condition, 13. During the prenatal period, the Defendant physicians did not evaluate, diagnose, monitor and treat Ms, Kirby correctly for diabetes, 14. During the prenatal period, the Defendant physicians did not evaluate, diagnose, monitor and treat Ms, Kirby correctly for fetal.maternal bleeding. 15, During the prenatal period. Ms, Kirby had complaints of vertigo or dizziness for which the Defendants never determined a diagnosis. 16, During the entire time that Ms, Kirby was receiving prenatal care from the Defendants from November, 1993 until June, 1994. the Defendant physicians did not measure fundal heights. 17, Towards the end of the pregnancy, when Ms, Kirby Ilsked about measuring her abdomen, she was told by Defendant Jetlbries that they no longer measured fundal heights, that they were obsolete, 2 18, On or about June 22,1994. at approximately 38 weeks of gestation, Ms. Kirby reported to the Defendants' office where she was seen by Defendant Flurkey, 19, At that time, Ms. Kirby specifically informed Defendant Flurkey that she was having severe, constant pain, 20, Defendant Flurkey specifically inquired as to whether or not she was having contractions, and Ms, Kirby specifically denied that she was having contractions. 2 L Ms. Kirby informed Defendant Flurkey that she had allended Lamaze classes and been told contractions were intermillent and that the pain she was experiencing was constant. 22, Nevertheless, Defendant Flurkey dismissed this information from his patient and diagnosed the pain as contractions, 23. Defendant Flurkey conducted an internal pelvic examination, which was painful for Ms. Kirby, 24, On the occasion of the visit of June 22, 1994 Dr. Flurkey did not measure fundal heights, assess for fetal movement properly. assess for fetal heart tones properly, evaluate for Rh condition, abruption of the placenta and/or fetal maternal bleeding properly, 25. Thereafter, Defendant Flurkey discharged Ms, Kirby after reassuring her that the pain was nothing about which to be worried, Defendant Flurkey discharged Ms, Kirby from his office with instructions to return in one (I) week for her regularly scheduled prenatal visit. 26. Having been discharged June 22nd by Defendant Flurkey from his office, Ms, Kirby went home where she continued to experience the constant pain, She couldn't sit, grabbing her abdomen to support herself and was doubled in pain, 27. The next day she notified the Defendants' office, specifically informing Defendant Flurkey again that this constant. severe pain persisted. J 28, Even at that time, Delendant Flurkey did not appreciute the significance of this symptom and merely informed Ms, Kirby if she really wanted to do so that she could go to Harrisburg Hospital and they would examine her. 29, The Plaintins then proceeded to Harrisburg Hospital where an ultrasound was conducted that revealed that the PlaintilTs' baby. Logan Fisher, was dead, 30, At the time of his death, Logan Fisher was a 38 week gestational fetus and was viable outside of the uterus, 31, Dr, Flurkey knew or should have known that Ms, Kirby's complaints of constant, severe pain with uterine tenderness on June 22, 1994 was an indication of placental abruption warranting further investigation, including fibrin split products and ultrasound, 32, Nevertheless. Defendant Flurkey did not undertake in any way to assess, diagnose, monitor or treat placental abruption, 33, Defendant Flurkey knew or should have known that Ms, Kirby's signs and symptoms were potentially heralding abruption, 34, On Logan's Death Certificate Defendant Flurkey indicated that the baby died as the result of an abruptio placenta. 35, Ms. Kirby was told that this meant that her baby sulTocated inside her due to an abruption of the placenta, 36. Subsequently. a cesarean section was perfonned. 37. Defendants Jefferies and Flurkey did not assess or treat for utero placental insufficiency, diabetes, Rh condition, fetal-maternal bleeding, intrauterine growth retardation or abruptio placenta properly. 38, Defendants Jefferies and Flurkey should have obtained fetal heights with correlation to gestational age at every visit as well as fetal heart rates and assessments lor fetalmovelllent, both quality and quantity. 4 39, Defendant Flurkey should have continued close surveillance for fetal well- being, including nonstress test, biophysical profile, contraction stress test, ultrasounds IInd blood work, including fibrin split products, based on the complaints ofMs, Kirby on June 22, 1994, 40, Defendant Flurkey should have consulted with a high risk obstetrical specialist or neonatologist. 41. Instead, Defendant Flurkey merely discounted the complaints ofMs, Kirby and continued with routine prenatal care, 42, More likely than not, Logan Fisher's death was preventable, 43, The injuries al1d death of Logan Fisher were the direct and proximate results of the negligence and/or gross negligence of Defendants Flurkey, Jefleries and Flurkey-Jefferies Associates, 44, The substandard care as alleged herein and provided by the Defendants int;reased the risk of harm to the Plaintiffs, 45, The substandard care as alleged herein and provided by the Defendants decreased Logan Fisher's chances of surviving, 46, Defendants Flurkey, Jefferies and Flurkey-Jefferies Associates, Inc" are jointly and severally liable for the damages alleged herein, 47, The Plaintiffs Julie Kirby and Brian Fisher bring this action on behalfofthe Estate of Logan Fisher, under and by virtue of the Act of 1976, July 9 P,L, 586, No, 142, Section 2, 42 Pa,C.SA 8302, 48, The negligence of the Delendants was the legal cause of Logan's Fisher's death. 49, The Plaintiffs Julie Kirby and Brian Fisher were the parents of decedent, Logan Fisher, 50, The Plaintifl's Julie Kirby IInd Brian Fisher are the Co.Administrators of the Estate of Logan Fisher, deceased and claim on behalf of said Estate the damllges sul1ered ~ ",.. . ' I i 57, As a result of the death of the decedent, Logan Fisher. the Plaintifis Julie Kirby and Brian Fisher have incurred medical, funeral, burial and other related expenses for all of which a claim is made, 58, As a result of the death of the decedent, Logan Fisher. Plaint illS have sustained great emotional distress for which a claim is made, COUNT I Julie A, Kirby and I1rnin Fisher. Individually and as Co.Administrntors of the Estate of LOllan Fisher. Deceased vs Emerson Flurkey. M, D, 59, Paragraphs I through 58 of this Complaint arc incorporated herein by reference as if set forth at length. 60, Defendant Flurkey is liable to the Plaintiffs for the injuries alleged herein which were directly and proximately caused by his negligence in: (a) failing to conduct obstetrical examinations and evaluations on Ms, Kirby properly; (b) failing to examine, evaluate, diagnose, monitor and treat Ms, Kirby properly for indications of increased risk, fetal maternal bleed. Rh condition, diabetes, preeclampsia, pregnancy induced hypertension, uteroplacental insufficiency compromise, fetal distress/compromise, Intrauterine growth retardation and/or placental abrupt Ion; (c) failing to examine, evaluate, assess and detemline Ms, Kirby and her unborn baby's risk status properly; (d) failing to order and obtain timely studies to evaluate, assess and diagnose Ms, Kirby's condition; (e) failing to order and obtain timely studies to evaluate, assess and diagnose for the possibility of abruptio placenta on or about June 22, 1994; 7 (I) failing to obtain blood studies (including fibrin split products) and ultrasound, nonstress test, contraction stress test, biophysical profile and other antenatal surveillance on or about June 22, 1994; (g) failing to monitor Ms, Kirby correctly based on her signs and symptoms on June 22, 1994; (h) failing to diagnose abruptio placenta on June 22, 1994 and to Intervene in same and perform a cesarean section to dcliver Logan Fisher prior to his death; (i) failing to recognize Ms. Kirby's complaints of on June 22, 1994 as heralding placental abruption; (j) failing to obtain electronic fetal monitoring strips on Ms, Kirby on June 22, 1994; (k) failing to admit Ms. Kirby to the hospital on June 22, 1994 for monitoring and treatment in a proper and timely fashion and asses for fetal well- being; (I) failing to Initiate a plan of management for Ms, Kirby on June 22, 1994 that Included the delivery of her baby and assessment for placental abrupt ion; (m) failing to prescribe medications appropriately; (n) failing to evaluate, observe, diagnose, test for, monitor and treat for Intrauterine growth retardation; (0) failure to obtain fundal heights measurement; (p) failure to obtain fundal heights measurement properly; (q) failure to evaluate, observe, assess, diagnose. test for, monitor and treat Ms. Kirby's nausea, vomiting and gastric upset properly; (r) failure to evaluate. observe, assess, diagnose, test tor. monitor and treat Ms, Kirby's nose bleeds properly; K (s) failure to evaluate, observe, assess, diagnose, test for, mllnhor and treat Ms. Kirby's urinary tract infection properly; (t) failure to evaluate, obscrve, assess, diagnose, test for, monitor and treat Ms, Kirby's Rh negative status properly; (u) failing to respond and provide appropriate medical intervention on June 22, 1994 when Ms, Kirby notified him of constant lower abdominal pain, decreased fetal movement and pain on internal cxamination and failing to conduct fetal well-being surveillance; (v) failing to detect, evaluate, monhor, investigate and treat decreased fetal movement as a sign of impaired fetal oxygenation,; (w) failure to assess fetal heart tones properly; (x) failing to assess gestational age properly; (y) failing to corrclate fundal heights and gestational age properly; (z) failing to investigate and treat Ms. KiTby's signs and symptoms in any fashion on or about June 22, 1994; (aa) failing to tTansfer, refer or consult a high risk obstellical specialist. a neonatologist and/or perinatologist; (ab) failing to deliver Logan Fisher timely and properly; (ac) failing to hosphalize Ms, Kirby on or about June 22. 1994 and monitor for fetal well-being; (ad) unnecessarily performing a cesarean section after the baby's death; and (ae) failing to deliver by cesarean section before June 23, 1994, 60, As a direct and proximate result of the Defendant's negligcnce, gross ncgligcnt andlor reckless disregard as alleged herein, the Plaintin's have sustained injuries as sct forth in paragraphs 29, 42 and 44 through 58 above, which are incorporated herein by referencc as if set forth atlcngth, 9 WHEREFORE, Plaintiffs Julie Kirby and Brian Fisher. Individually and as Co- Administrators of the Estate of Logan Fisher. Deceased demand judgment against Defendant Flurkey for compensatory damages in an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000,00) exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsatory arbitration, COUNT II Julie A, Kirby and Brain Fisher. Individually and as Co-Administrators of the Estate of Logan Fisher. Deceased vs, George Jefferies. M,D, 61. Paragraphs I through 58 of this Complaint are incorporated herein by reference as if set forth at length, 62, Defendant Jefferies is liable to the Plaintilfs for the injuries alleged herein which were directly and proximately caused by his negligence in: (a) failing to conduct obstetrical examinations and evaluations on Ms, Kirby properly; (b) failing to examine, evaluate. diagnose, monitor and treat Ms, Kirby properly for indications of increased risk, fetal-maternal bleed, Rh condition, diabetes, preeclampsia, pregnancy induced hypertension. utero placental insufficiency/compromise. fetal distress/compromise. intrauterine growth retardation and/or placental abruption; (c) failing to examine, evaluate. assess and determine Ms, Kirby and her unborn baby's risk status properly; (d) failing to order and obtain timely studies to evaluate, assess and diagnose Ms, Kirby's condition; (e) tililing to prescribe medications appropriately; (I) Iililing to evaluate. observe. diagnose, test for, monitor and trellt tor intrauterine growth retardlltion; III (g) failurc to obtain fundal hcights mcasurcmcnt, (h) failurc to obtain fundal hcights mcasurcmcnt propcrly; (i) failurc to cvaluatc, observe, assess, diagnose, test lor, monitor and treat Ms, Kirby's nausea. vomiting and gastric upset properly; (j) failure to evaluate, observe, assess, diagnose, test lor, monitor snd treat Ms, Kirby's nose bleeds properly; (k) failure to evaluate, observe, assess, diagnose, test lor, monitor and treat Ms, Kirby's urinary tract infection properly; (I) failure to evaluate, observe, assess, diagnose, test for. monitor and treat Ms, Kirby's Rh negative status properly; (m) failing to detect, evaluate, monitor, investigate and treat decrcased fetal movement as a sign of impaired fetal oxygenation,; (n) failure to assess fetal heart tones properly; (0) failing to assess gestational age properly; (p) failing to correlatc fundal heights and gestational age properly; (q) failing to investigate and treat Ms, Kirby's signs and symptoms in any fashion on or about June 22, 1994; (r) failing to transfer. refer or consult a high risk obstetrician, a neonatologist and/or perinatologist; (s) failing to deliver Logan Fisher timely and properly; and (y) failing to deliver by cesarcan section on or bcfore Junc 23, 1994, 63, As a direct and proximatc rcsult ofthc Dcfcndant's negligence, gross negligent and/or reckless disregard as alleged hcrein, the Plaintiffs have sustaincd injuries as set forth in paragraphs 29, 42 and 44 through 58 above, which are incorporated herein by refercnce as if set forth at length, WHEREFORE, Plaintill's Julie Kirby and Brian Fishcr. Individually and liS Co . Administrators of the Estate of Logan Fishcr, [)eccllsed demllnd judgment agllinst II Defendant Jefferies for compensatory damages in an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000,00) exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsatory arbitration, COUNT III Julie A. Kirby and Brain Fisher. Individually and as Co-Administrators of the Estate of LOllan Fisher. Deceased vs, Flurkey-Jefferies Associates. Inc. 64, Paragraphs I through 58 and Counts I and II of this Complaint arc incorporated herein by reference as if set forth at length. 65, At all relevant times herein, Defendants Jefferies, Flurkey and their olUce staff were agents, apparent agents, servants and/or employees of Flurkey-Jef1'cries Associates, Inc, and were acting within the scope of their employment. 66, All physicians, residents, interns. technicians, nurses and staff or other personnel who treated Ms, Kirby at Defendant Flurkey-Jefferies Associates, Inc, were agents, apparent agents, servants and/or employees of Defendant Flurkey-Jefferies Associates, Inc. and were acting within the scope of their employment. 67. Defendant Flurkey-Jefferies Associates, Inc, while acting through its agents, apparent agents, servants and/or employees is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by its negligence, gross negligence and/or reckless disregard with respect to PlaintitlS by the acts set forth in 60 (a) through 60 (ae) and paragraphs 62 (a) through 62 (t) above and incorporated herein by reference as if set forth at length, 68. As a direct and proximate result of the Defendant's negligence. gross negligent and/or reckless disregard as alleged herein, the Plaintiffs have sustained injuries as set forth in paragraphs 29, 42 and 44 through 58 above, which arc incorporated hel ein by reference as if set forth at length, 12 WHEREFORE, Plaintiffs Julie Kirby and Brian Fisher. Individually and as Co . Administrators of the Estate of Logan Fisher, Deceased demand judgment against Defendant Flurkey-Jefferies Associates, Inc, for compensatory damages in an amount in excess ofTWENTY FIVE THOUSAND DOLLARS ($25.000,00) exclusive of interests and costs and in excess of any jurisdictional amount requiring compulsatory arbitration, MAHADY-SMITH & MARZELLA, p,c. Catherine M, ahady-Smith, 1.0. No, 47252 Robin 1. Marzella, Esq. 1.0. No, 66856 3115-A North Front Street Harrisburg, PA 17110 (717) 236-6012 Counsel for Plaintiffs {j Date: Jj-I/ -1? IJ '" ,~ ~ ; ;.' i .1"1' '! 11"1 I i I i.. I I '.1 I 'f 'n: AI:; I. I ~: I" " I I ,. I II' I " , -,.! ,!.! :,f '. '1 , I :-!I 'i ,! r:1 J" ,( ;,' Iii 1;' ,I 'I', ,',;:; !j' .1 ':11 i\ , ~ . ! ; i '! I, ,; ,'~ ),:1; " ,lJ 1., '. , 1 , , I , , ! I i:lol , . " \,'1 t I ,. " :jrl',i " ! 1 ~ . ~ :' liP, 1 'I" ,'. ;i !: l' '-It,l t 11 I.." t I ! ~ . I r~~~ . I" , . ". ! I' ~ ., "I 1\11 I .I"j' ~_; Ii 1 " ~/a $~ " ,. I, IlL., f'~ f}~ Ci.,J..<..., G. 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'~,-IJ I 'Ii . l I' ~' ,', ,~~ ~.. ,," ' .~bo:-~A r <'. ..'.'1~ " ->~ /. - I~ v!'4f',,0 ., ~'~ CJL. giA-~l~ ct MILy )ll..{'Q,~ ,...Jif''tf' mDMAs, THOMAS" HAfER '1'1 ",,, J. C/I"" 1"/1'" IDlltllf/CAlIDIIItAJ '''11 JllIIHd 1_ '''"' " /1 ,,, '" ,.""..,.'A III" /1/n '''1111 A_,,., O,f'II""'" JULIE A. KIROY ilIlll ORlAN FISHER Imllvldually illld .IS Co-Admlnlslriltors of Iho hlilto of LOllilll f1shnr, Docoased, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plalnllffs v. No. 96.1860 GEORGE JHI'ERIES, M.D., EMERSON FLURKEY, M,D. il11l1 FLURKEY.JEFFERIES ASSOCIATES, INC., Defendants JURY TRIAL DEMANDED DHENDANTS' ANSWER WITI-l NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW corne the Defendants, George Jefferies, M.D., Emerson Flurkey, M.D., and Flurkoy-Jefferles Associates, Inc., through their allorneys, Thomas, Thomas & Hafor, to respond 10 Plalnllffs' Complaint as follows: 1 . 7. The averments contained In Paragraphs 1 through 7 of Plaintiffs' Complaint arc admitted. II . 37, The averments contained In Paragraphs 8 through 37 of Plaintiffs' Comlllalnt are denied Benl!r.1l1y pursuant to and In accordance with Pa. R.C.P. No.1 029(e) and proof thereof Is demanded at the lime of trial. 311 - 46. The averments conlalned In Paragraphs 38 through 46 of Plaintiffs' Cornpl.1lnl set forth conclusions as opposed 10 statements of fact and no response Is roqulrml. Nevertheless, said averments are denied and proof thereof Is demanded at the time of trial. Furthermore, the responding Defendants believe and therefore aver that at all times relevant hereto their actions were In accordance with the required standards of Ii i I ) medical care. 47. It is admllled that the Plaintiffs are bringing this action pursuant to 42 Pa.C.S,A.8302. However, the responding Defendants deny any liability or responsibility to the Plaintiffs under said statute, 48. The averments contained in Paragraph 48 of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said \ , averments are denied and proof thereof is demanded at the time of trial. . 49. The averments contained in Paragraph 49 of Plaintiffs' Complaint are admilled. I .I I I 50. It is admllled that the Plaintiffs are the co-administrators of the Estate of Logan Fisher and that they are claiming the damages set forth in Paragraph 50 of Plaintiffs' Complaint. Nevertheless, the responding Defendants deny any liability or responsibility to ~ -~ the Plaintiffs for said damages. 51. It is admllled that the Plaintiffs are bringing this action pursuant to '~' 42 Pa.C.S.A.8302. However/the responding Defendants deny any liability or responsibility to the Plaintiffs under said statute. 52. The averments contained In Paragraph 52 of Plaintiffs' Complaint are admllled. 53. The averments contained in Paragraph 53 of Plaintiffs' Complaint are denied as stated. It Is admilled that Julie Kirby and Brian Fisher are the parents of Logan Fisher. By way of further response Paragraphs 29, 42 and 44 through 58 of this Answer with New Matter to Plaintiffs' Complaint are Incorporated herein by reference as If set forth at length. WHEREFORE, the responding Defendants demand judgment In their favor and against Plaintiffs. COUNT II Julie Kirby and Brian Fisher, individually and as co-Administrators of the Estate of logan Fisher, deceased v. George Jefferies, M.D. 61 (62). Paragraphs 1 through 58 of this Answer with New Matter to Plaintiffs' Complaint are Incorporated herein by reference as If set forth at length. 62 (63). The averments contained In Paragraph 62 (63) of Plaintlffs' Complaint set forth conclusions as opposed to statements of fact and no response Is required. Nevertheless, said averments are denied and proof thereof Is demanded at the time of trial. Furthermore, the responding Defendants believe and therefore aver that at all times relevant hereto their actions were In accordance with the required standards of medical care. 63 (64). The averments contained in Paragraph 63 (64) of Plalntlffs' Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are denied and proof thereof Is demanded at the time of trial. Furthermore, Paragraphs 29, 42 and 44 through 58 of this Answer with New Matter to Plaintiffs' Complaint are Incorporated herein by reference as If set forth at length. WHEREFORE, the responding Defendants demand judgment In their favor and against Plaintiffs. COUNT III Julie A. Kirby and Brian Fisher, Individually and as co-Administrators of the Estate of Logan Fisher, deceased, v. FlurkeY-Jefferies Associates, Inc. 64 (65). Paragraphs 1 through 58 and the responses set forth in Counts I and II of this Answer with New Malter to Plaintiffs' Complaint are Incorporated herein by reference as If set forth at length. 65 (66). The averments contained In Paragraph 65 (66) of Plaintiffs' Complaint are admllted. 66 (67). Inasmuch as the averments contained In Paragraph 66 (67) of Plaintiffs' Complaint do not specifically Identify any additional physicians, residents, interns, technicians, nurses and staff or other personnel, the averments contained in Paragraph 66 (67) of Plaintiffs' Complaint are denied. 67 (68). The averments contained In Paragraph 67 (68) of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response Is required. Nevertheless, said averments are denied and proof thereof Is demanded at the time of trial. Furthermore, Paragraphs 60(a) through 60(ae) and Paragraphs 62 (63) (a) through 62 (63) (l) of this Answer with New Malter to Plaintiffs' Complaint are Incorporated herein by reference as If set forth at length. 68 (69). The averments contained In Paragraph 68 (69) of Plaintiffs' Complaint set forth conclusions as opposed to statements of fact and no response Is required. Nevertheless, said averments are denied and proof thereof Is demanded at the time of trial. Furthermore, Paragraphs 29, 42 and 44 through 58 of this Answer with New Malter to Plaintiffs' Complaint are Incorporated herein by reference as If set forth at length. WHEREFORE, the responding Defendants demand judgment In their favor and against Plaintiffs. NEW MATTER By way of further Answer to Plaintiffs' Complalntlhe responding Defendants offer the folloWing New Matter. 70. The responding Defendants believe and therefore aver that Paragraph 58 of Plaintiffs' Complaint and by Incorporation of Paragraph 58, Counts I, II and III, fail to set forth a claim upon which relief may be granted pursuant to the laws of the Commonwealth of Pennsylvania. WHEREFORE, the responding Defendants respectfully request that Paragraph 58 of Plaintiffs' Complaint and any Incorporation thereof In Plaintiffs' Complaint be dismissed and Judgment entered In their favor. Respectfully submitted, MAS &. AFER / ~ BYeter , .~~-, 305 rt Front Street P. {Box 999 Harrisburg, PA 17108 I.D. # 16622 Attorneys for Defendants DATED:,Ax kUl(d {Il-; , , VERIFICATION I, George E. Jefferies, III, M.D., hereby state and aver that I have read the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 1S Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. A -:l ~/. ,-rI t'~1 ~~. "( >,/f t (.t...../ 'GE0itGE E;; F'FERIES I II I 1M. D. , I DATED I r, I/rJ 11 V> ;'-~ VERIFICATION I, Emerson C. Flurkey, M.D., hereby state and aver that I have read the foregoing ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT which was drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.B.A. 9 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATED: , , CERTIFICA TE OF SERVICE I, Peter J. Curry, Esquire, do hereby certify thet I served the within ANSWER WITH NEW MA ITER TO PLAINTIFFS' COMPLAINT by depositing a copy of the same In the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Catherine Mahady-Smith, Esquire MAHADY-SMITH & MARZELLA 3116 North Front Street Harrisburg, PA 17110 DATED: ,,;~ f-..{(l~ \ [;; ~ ., u l~ ~~'~J' C' I:, I., -Hi r= '15 M '" ,,~ CD "" :. ~ ~.3 ::!::l ~ 'a p:" ! 1 j i~ ''It\3ii [!:! ~ ~ ....~ .~ 1 ~ f~ ." "'- -. to -. " ~eM _ I~ 1 ~ "- I., " ~j4~ l~) ,'):-t: '18 'in 'J" , --;; : iliil ~-;-}u.. '" '3 U M ::: 1-1- - ::5 -') ,.... Q' . ' " JULIE A, KIRBY and BRIAN FISHER Individually and as Co-Administrators of the Estate of Logan Fisher, Deceased l'laintills IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. vs, CIVIL ACTION - LAW GEORGE JEFFERIES, M,D" EMEltSON FLURKEY, M,D, and FLURKEY- JEFFERIES ASSOCIATES, INC., Defendants NO. 'l6-IH60 CIVIL JlJR Y TRIAL DEMANDED PLAINTIFFS' ItEPl.Y TO DEn:NllANTS' NEW MA'ITEIt TO 1'l.AINTIFFS' COMPLAINT 70, The allegations herein state a conclusion of law to which no response is necessary, To the extent that an answer may be required, any and all allegations that Paragraph 58 of Plaintiffs' Complaint and by incorporation of Paragraph 58, Counts I. II and III fail to set forth a claim upon which relief may be granted pursuant to the laws of the Commonwealth of Pennsylvania arc specifically denied, Respectfully submitted, MAHADY-SMITH & MARZELLA. P,C, a~/u Jt(' Catherine M. Mahady-Smith, I.D, 1166H56 3115-A North Front Street Harrisburg, P A 17110 (717) 236.6012 Counsellhr Plail1lills :;Z;ld',( Date: CIU./..l kjlr../fJk7 COMMONWEALTH OF PENNSYLVANIA SS, COUNTY OF DAUPHIN I, Catherine M, Mahady-Smith, Esquire, being duly sworn according to law, depose and say that 1 am counsel for plaintifi: that 1 am authorized to make this amdavit on behalf of said plaintiff, and that the fncts set forth in thc forcgoing PLAINTIFFS' REPL Y TO DEFENDANTS' NEW MATTER TO PLAINTIFFS' COMPLAINT arc tme nnd correct to the best of my knowledge, information and belier. or, are tme nnd correct based on the information obtained from the plnintilT. (fyt,,,.( h). fk~~,<it Catherine M, Mahady-Smith, Es Sworn to and s~bed befor~his 1fT- day of 4 -IL ,1996, ;tlUak~Q Notary Public -- My Commission expires: NOfAI1IA'i:'W'L OIANE R.lIJT~~, ", "\'1' Public City of H~rr'!ill'I'" 0,':1,-.111" COHn1y MV Commi,...ion 1;1--':'" ", '~n~I..~!~l .,_.... $ ~ oS Of:! . J F: ~ ~ u) -~ jlP Ir. r:; ..!! ' ' ~..: ., ~ l~ ~O C"'l ,)t:) ~ ~~J :..c ).. '~ ~1~ ~ ..,L, a- ~ ~~ -,'~ C . -'~" u~h ('") > "'ll ~ - ~1;!1 '1:.~ r-lU :- '.IIlO 1--- "" .11u... F :;: ;~ 'is \; "') 13 ~ u . ., CERTIFICATE OF SERVICE I, Christina A. Mahady, hereby certify that I have this I.{:{ -If.. day of May, 1997, served a true and correct copy of the PRAECIPE TO DISCONTINUE upon counsel for Defendants by sending same United States mail, first class delivery and addressed as follows: Peter J, Curry, Esquire THOMAS, THOMAS & HAFER 305 N. Front Street P,O. Box 999 Harrisburg, PA 17108-0999 Attorney for Defendants George Jefferies, M.D" Emerson Flurkey, M,D" Flurkey-Jefferies Associates, Inc, Date: ..!J-. / J - 17 {! Christina A, Mahady