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96A. 160\50010 197
Parties to the Action:
I. Plaintiffs John L. Aller nnd Susnn I. Aller, husband and wife. are ndult
individuals, sui juris, residing nt 1401 Lnmbs Gnp Road, Mechanicsburg, Pennsylvania 17055-
1928,
2. Defendant Leslie A. Pncker, M.D.. is a physician duly licensed under the laws
of the Commonwealth of Pennsylvanin, with n plnce of business at 2645 North Third Street,
Harrisburg, Pennsylvania 17110.
3, Defendant Centml Penn Anesthesiology, LId, is a professional corpomtion existing
under the laws of the Commonwealth of Pennsylvnnia with oflices located at 2645 North Third
Street, Harrisburg, Pennsylvnnia 17110.
Summarv of the Causes of Action:
4. On or about May 2, 1995, Plaintiff John Aller was seen by Dr. Barry B. Moore,
a neurosurgeon, who diagnosed him with n high cervical cord myelopathy nnd recommended a
cervical laminectomy and decompression.
5, This surgery wns performed on Mr. Aileron May 24,1995, at Polyclinic Medical
Center.
6. Defendnnt Leslie A. Pncker, M,D., wns the lmesthesiologist who provided
anesthetic during the Mny 24, 1995 surgery.
7, Upon information and belief, Mr. Aller was suffering from pernicious anemia
and/or a cobalamin deficiency before nnd :u the time of the surgery of May 24, 1995.
3
96A.160IS0010197
8, Upon information and bclicf, thc blood work pcrformed upon Mr, Aller prior to
his surgery of May 24, 1995, indicmcd that hc was suffering from pcrnicious anemia and/or a
cobalamin deficiency,
9, Dr. Packcr uscd nitrous oxide during the ancsthetic that he provided to Mr. Aller
on May 24, 1995,
10, The administration of nitrous oxide in a patient with cobalamin deficiency may
cause myeloneuropathy and other ncurological disorders, causing or contributing to degeneration
of the spinal cord,
11. Mr, Aller developcd ncurologic degcneration and irreversible degeneration of the
spinal cord as a result of his unrecognized pernicious anemia and Dr. Packer's use of nitrous
oxide during the May 24, 1995 surgery, dcspite its contra indications.
COUNT I
JOHN L. ALLER vs, LESLIE A. PACKER. M.D.
Negligence
12, The allegations containcd in Paragmphs 1-11 of Plaintiffs' Complaint llre
incorporated herein by refercncc.
13, At all times relcvant to this Count of the Complaint, Mr. Aller was a patient of
Dr. Packer's and was rcceiving mcdical carc and trcatment from him,
4
96A-1601S0010197
14. Dr. Packcr administcrcd ncgligcl1lmcdicaltrcatmcnt to Plail1liff in thc following
particulars:
a. administcring nitrous oxidc during thc surgcry of May 24, 1995, despite
indications that Mr. AlIcr was suffcring from pernicious anemia and/or cobalamin
deficiency;
b. failing to recognizc that Mr. AlIcr was suffering from pernicious anemia
andlor cobalamin deficiency bcforc administcring nitrous oxide during thc surgery of
Mary 24, 1995;
c. failing to administcr altcrnativc ancsthctic other than nitrous oxide once
Mr. Aller's pcrnicious ancmia andlor cobalamin dcficicncy was evidcnt or indicated;
d. failing to infornlthe surgcon, Dr, Moorc of Mr. Aller's pernicious anemia
andlor cobalamin dcficiency prior to administering nitrous oxide during the May 24,
1995 surgery;
e, failing to takc prcvcl1lative mcasures to dccrcase the risk of
additional deterioration of thc spinal cord, or to countcract advcrse effects, as a
result of thc administration of nitrous oxidc as :111 ancsthctic, such as utilizing
preopcrativc mcthioninc loading: and
f. sclecting an ancsthctic for administration to John Aller which was
contraindicatcd bascd on his mcdical condition.
5
96^.1601S0010197
15. The negligence of the Defendant Dr, Packer as describcd above increased the risk
and was a substantial factor in causing additional and continual deterioration of Mr, Aller's
spinal cord function as a result of pernicious anemia and/or cobalamin deficiency,
16. The negligence of the Defendant Dr. Packer increased the risk and was a
substantial factor in increasing the risk of future abdominal cancer as a result of his worsened
pernicious anemia and/or cobalamin deficiency as a result of the administration of nitrous oxide,
17, As a direct and proximate result of the negligence of the Defendant, Plaintiff has
incurred significant medical expenses and will continue to incur such expenses in the future, for
all of which damages are claimed.
18, As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered a loss of earnings and loss of earning capacity and will continue to suffer such losses
in the future, for all of which damages arc claimed,
19. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered pennanent neurological deterioration, experienced extreme pain and suffering, scarring,
embarrassment, humiliation and loss of the enjoyment of life's pleasures and will continue to
suffer such losses in the future, for all of which damages arc claimed,
WHEREFORE. Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000,00, together with interest and costs thereon as allowed by law,
6
96A.1601S0010197
24. Defendant Dr, PlIeker's negligent medical treatment rendered to Plaintiff John L.
Aller as set forth lIbove WllS performed within the course and scope of his employment and/or
apparent authority.
25, Defendant Ccntral Pcnn Ancsthcsiology, Ltd, is thus rcsponsible for the negligent
acts and omissions of its agent and/or cmployec, Defcndant Dr. Packer and its other agents,
servants, employees, and/or ostensible agcnts.
26, As a direct and proximate result or the negligence of its agent and/or employee
Dr, Packer, Central Penn Ancsthesiology, Ltd, is vicariously liable for the damages sustained
by Mr. Aller and set forth above.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000,00, together with intcrcstllnd costs thereon as allowed by law,
COUNT IV
SUSAN I. ALLER vs. CENTRAL PENN ANESTHESIOLOGY. LTD.
Loss of Consortium
27. The allegations contained in Paragraphs 1-19,22-26 of Plaintiffs' Complaint are
incorpomted herein by refcrence.
28. As a direct and proximatc rcsult of thc negligencc of the Defendant Dr. Packer,
for which Central Penn Anesthesiology, Ltd. is vicariously liable, Plaintiff Susan I. Aller has
been deprived of thc carc, comp;lIlionship and scrviccs of hcr husband, John L. Aller, for all
of which damages arc c1aimcd.
8
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trial. Furthermore, the responding Defendants believe and therefore aver that at all times
relevant hereto Dr, Packer acted in accordance with the required standards of medical
care,
COUNT I
IOHN L. ALLER vs, LESLIE A, PACKER, M,D,
Negligence
12, Paragraphs 1 through 11 of this Answer to Plaintiffs' Complaint are
incorporated herein by reference as if set forth at length,
13, The averments contained in paragraph 13 of Plaintiffs' Complaint are
denied as stated, It is admitted that to the extent Dr. Packer provided anesthesiology
services to Mr, Aller on or about May 24, 1995, a physician patient relationship existed
between Dr, Packer and Mr, Aller in this context only.
14, The averments contained in paragraph 14 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, the responding Defendants believe and therefore aver that at all times
relevant hereto Dr, Packer acted in accordance with the required standards of medical
care.
15,-19, The averments contained in paragraphs 15 through 19 of Plaintiffs'
Complaint set forth conclusions as opposed to statements of fact and no response is
2
required, Nevertheless, said averments are denied and proof thereof is demanded at the
time of trial.
WHEREFORE, the responding Defendants demand judgment in their favor and
against Plaintiffs,
COUNT 11
SUSAN I. ALLER vs. LESLIE A, PACKER, M,D.
Loss of Consortium
20, Paragraphs 1 through 19 of this Answer to Plaintiffs' Complaint are
incorporated herein by reference as if set forth at length,
21, The averments contained in paragraph 21 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.
WHEREFORE, the responding Defendants demand judgment in their favor and
against Plaintiffs.
COUNT 111
JOHN L. ALLER vs, CENTRAL PENN ANESTHESIOLOGY. L TO,
Vicarious Liability
22, Paragraphs 1 through 19 of this Answer to Plaintiffs' Complaint are
incorporated herein by reference as if set forth at length.
23. The averments contained in paragraph 23 of Plaintiffs' Complaint are
denied as stated, It is admitted that at all times relevant hereto Dr. Packer was an
3
employee of the Defendant corporation acting within the course and scope of his
employment.
24, The averments contained in paragraph 24 of Plaintiffs' Complaint are
admitted in part and denied in part, It is admitted that at all times relevant hereto Dr,
Packer was an employee of the Defendant corporation acting within the course and
scope of his employment. The remaining averments contained in paragraph 24 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, the responding Defendants believe and
therefore aver that at all times relevant hereto Dr, Packer was acting in accordance with
the required standards of medical care,
25. The averments contained in paragraph 25 of Plaintiffs' Complaint set forth
conclusions as opposed to statements of fact and no response is required, Nevertheless,
said averments are denied as stated, It is admitted that as a general principle of law an
employer may be held vicariously liable for the negligence of an employee acting within
the course and scope of his employment. It is denied, however, that Dr, Packer or any
other agent, servant or employee of Central Penn Anesthesiology, Ltd. was in any way
negligent. On the contrary, the responding Defendants believe and therefore aver that
the anesthesia care provided to the Plaintiff was in accordance with the required
standards of medical care,
4
Exhibit A
Exhibit B
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96a-160\response.mc.
Exhibit A to Dcfendants' Motion, Plaintiffs miscd an ohjection hased on work-product only to
Interrogatory numher 49. Plaintiffs properly referred Defendants to the allegations contained
in Plaintiff:~' Complaint in response In Interrogatory numher 48, which document fairly answers
Defendants' discovery request. (See Paragraph I. .mpm.)
4. Defendants' characterization of the correspondence referenced as Exhihit b to
Defendants' Motion is speciti~ally denied.
5. It is admined that Plaintiff has not provided documents responsive to Interrogatory
number 49, as the information requested is protected from disclosure under the Pennsylvania
work-product doctrine.
6. Admined.
7. It is specitically denied that "the documents and information sought fall outside
the limitations set forth in Pa.R.C.P. 4003.3." To the contrary, the requested infomllltion seeks
research conducted hy the Plaintiffs' anorneys to support their theories of liability against
Defendants. Disclosing this research would. necessarily. disclose Plaintiffs' anorneys' mental
impressions, as well as their conclusions and opinions of their legalthcories against Defendants.
This is exactly the type of infonllationthm the work-product doctrine protects against disclosure.
Furthermore, to the extent that the information requested hy Defendants pertains to
inlilmlation gained hy Plaintiffs' anorneys through consultation with experts not expected to
testify, this infonmllion is explicitly protected from disclosure onder Pa.R.C.P. 4003.5(01)(3).
8. It is specitically denied that "Defendmlls are severely prejudiced in defending this
action in light of Plaintiffs' lililure to appropri;llely respond to the Interrogatories." To the
3
Exhibit A
96A. t 60\500 10 197
Parties to the Action:
1. Plaintiffs John L. Aller and Susan 1. Aller, husband and wife, are adult
individuals, sui juris, residing at 1401 Lambs Gap Road, Mechanicsburg, Pennsylvania 17055-
1928.
2. Defendant Leslie A. Packer, M.D., is a physician duly licensed under the laws
of the Commonwealth of Pennsylvania, with a place of business at 2645 North Third Street,
Harrisburg, Pennsylvani.a 17110.
3. Defendant Central Penn Anesthesiology, Ltd. is a professional corporation existing
under the laws of the Commonwealth of Pennsylvania with offices located at 2645 North Third
Street, Harrisburg, Pennsylvania 17110.
Summarv of the Causes of Action:
4. On or about May 2, 1995, Plaintiff John Aller was seen by Dr. Barry B. Moore,
a neurosurgeon, who diagnosed him with a high cervical cord myelopathy and recommended a
cervical laminectomy and decompression.
5. This surgery was performed on Mr. Aller on May 24, 1995, at Polyclinic Medical
Center.
6. Defendant Leslie A. Packer, M.D., was the anesthesiologist who provided
anesthetic during the May 24, 1995 surgery.
7. Upon information and belief, Mr. Aller was suffering from pernicious anemia
and/or a cobalamin deficiency before and at the time of the surgery of May 24, 1995.
3
96A. 160\50010 197
8. Upon information and belief, the blood work performed upon Mr. Aller prior to
his surgery of May 24, 1995, indicated that he was suffering from pernicious anemia and/or a
cobalamin deficiency.
9. Dr. Packer used nitrous oxide during the ancsthetic that he provided to Mr. Aller
on May 24, 1995.
10. The administration of nitrous oxide in a patient with cobalamin deficiency may
cause myeloneuropathy and other neurological disorders, causing or contributing to degeneration
of the spinal cord.
11. Mr. Aller developed neurologic degeneration and irreversible degeneration of the
spinal cord as a result of his unrecognized pernicious anemia and Dr. Packer's use of nitrous
oxide during the May 24, 1995 surgery, despite its contraindications.
COUNT I
JOHN L. ALLER ,.s. LESLIE A. PACKER. M.D.
Negligence
12. The allegations contained in Paragraphs 1-11 of Plaintiffs' Complaint are
incorporated herein by reference.
13. At all times relevant to this Count of the Complaint, Mr. Aller was a patient of
Dr. Packer's and was receiving medical care and treatment from him.
4
96A.160\50010197
14. Dr. Packer administered negligent medical treatment to Plaintiff in the following
particulars:
a. administering nitrous oxide during the surgery of May 24, 1995, despite
indications that Mr. Aller was suffering from pernicious anemia and/or cobalamin
deficiency;
b. failing to recognize that Mr. Aller was suffering from pernicious anemia
and/or cobalamin deficiency before administering nitrous oxide during the surgery of
Mary 24, 1995;
c. failing to administer alternative anesthetic other than nitrous oxide once
Mr. Aller's pernicious anemia and/or cobalamin deficiency was evident or indicated;
d. failing to inform the surgeon, Dr. Moore of Mr. Aller's pernicious anemia
and/or cobalamin deficiency prior to administering nitrous oxide during the May 24,
1995 surgery;
e. failing to take preventative measures to decrease the risk of
additional deterioration of the spinal cord, or to counteract adverse effects, as a
result of the administration of nitrous oxide as an anesthetic, such as utilizing
preoperative methionine loading; and
f. selecting an anesthetic for administration to John Aller which was
contraindicated based on his medical condition.
5
"
96A.1601S0010197
15. Thc negligence of the Defendant Dr. Packer as described above increased thc risk
and was a substantial factor in causing additional and continual deterioration of Mr. Aller's
spinal cord function as a result of pcrnicious ancmia and/or cobalamin deficiency.
16. The negligence of the Dcfendant Dr. Packer increased the risk and was a
substantial factor in increasing the risk of future abdominal cancer as a result of his worsened
pernicious anemia and/or cobalamin deficiency as a result of the administration of nitrous oxide.
17. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
incurred significant medical expenses and will continue to incur such expenses in the future, for
all of which damages are claimed.
18. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered a loss of earnings and loss of earning capacity and will continue to suffer such losses
in the future, for all of which damages are claimed.
19. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered permanent neurological deterioration, experienced extreme pain and suffering, scarring,
embarrassment, humiliation and loss of the enjoyment of life's pleasures and will continue to
suffer such losses in the future, for all of which damages are claimed.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and costs thereon as allowed by law.ÿ
6
96A-1601S00 10 197
24. Defendant Dr. Packer's negligent medical treatment rendered to Plaintiff John L.
Aller as set forth above was performed within the course and scope of his employment and/or
apparent authority.
25. Defendant Central Penn Ancsthesiology, Ltd. is thus responsible for the negligent
acts and omissions of its agent and/or employee, Defendant Dr. Packer and its other agents,
servants, employees, and/or ostensible agents.
26. As a direct and proximate result of the negligence of its agent and/or employee
Dr. Packer, Central Penn Anesthesiology, Ltd. is vicariously liable for the damages sustained
by Mr. Aller and set forth above.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and costs thereon as allowed by law.
COUNTY\'
SUSAN I. ALLER \'5. CEl'iTRAL PEl'i'N ANESTHESIOLOGY. LTD.
Loss of Consortium
27. The allegations contained in Paragraphs 1-19, 22-26 of Plaintiffs' Complaint are
incorporated herein by reference.
28. As a direct and proximate result of the negligence of the Defendant Dr. Packer,
for which Central Penn Anesthesiology, Ltd. is vicariously liable, Plaintiff Susan 1. Aller has
been deprived of the care, companionship and services of her husband, John L. Aller, for all
of which damages are claimed.
8
96a-1601response .mc
Exhibit A to Dcfendants' Motion, Plaintiffs raised an ohjection based on work-product only to
Interrogatory number 49. Plaintiffs properly referred Defendants \0 the allegations contained
in Plaintiffs' Complaint in response to Interrogatory nllmber 48, which document fairly answers
Defendants' discovcry request. (See Paragraph 1. .wpm.)
4. Defendants' characterization of the correspondence referenced as Exhibit b to
Defendants' Motion is specifically denied.
5. It is admittcd that Plaintiff has not provided documents responsive to 1nterrogatory
number 49, as the information requested is protected from disclosure under the Pennsylvania
work-product doctrine.
6. Admitted.
7. It is spccifically denicd that "thc documents and information sought fall outside
the limitations set forth in Pa.R.C.P. 4003.3." To thc contnlry, the requested information seeks
research conducted by the Plaintiffs' allorncys to support their theories of liability against
Defendants. Disclosing this research would. nccessarily. disclose Plaintiffs' attorneys' mental
impressions, as well as their conclusions and opinions of their legaltheorics against Defendants.
This is exactly the type of information that the work-product doctrine protects against disclosure.
Furthermore, to the extent that the information requested by Defendants pertains to
information gained by Plaintiffs' attorneys through consultation with experts not expected to
testify, this information is explicitly protected from disclosure lInder Pa.R.C.P. 4003.5(a)(3).
8. 1t is specifically denied that "Defendants are severely prejudiced in dcfending this
action in light of Plaintiffs' failure to appropriately respond to the Interrogatories." To the
3
Exhibit A
96A.160\50010197
William A. Atlee, Jr., Esquire
ATLEE & HALL
8 North Queen Street
P. O. Box 449
Lancaster, PA 17608-0449
(717) 393-9596
ID Nos. 06919
Attorney for Plaintiffs
JOHN L. ALLER and
SUSAN I. ALLER
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
C1VIL ACTION - LAW
v..
LESLIE A. PACKER, M.D. and
CENTRAL PENN ANESTHESIOLOGY, LTD.
COMPLAINT
No. 97 -2649
JURY TRIAL DEMANDED
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96A-160\50010197
Parties to the Action:
1. Plaintiffs John L. Aller and Susan 1. Aller, husband and wife, are adult
individuals, sui juris, residing at 1401 Lambs Gap Road, Mechanicsburg, Pennsylvania 17055-
1928.
2. Defendant Leslie A. Packer, M.D., is a physician duly licensed under the laws
of the Commonwealth of Pennsylvania, with a place of business at 2645 North Third Street,
Harrisburg, Pennsylvani,a 17110.
3. Defendant Central Penn Anesthesiology, Ltd. is a professional corporation existing
under the laws of the Commonwealth of Pennsylvania with offices located at 2645 North Third
Street, Harrisburg, Pennsylvania 17110.
Surnrnarv of the Causes of Action:
4. On or about May 2, 1995, Plaintiff John Aller was seen by Dr. Barry B. Moore,
a neurosurgeon, who diagnosed him with a high cervical cord myelopathy and recommended a
cervical laminectomy and decompression.
5. This surgery was performed on Mr. Aller on May 24, 1995, at Polyclinic Medical
Center.
6. Defendant Leslie A. Packer, M.D., was the anesthesiologist who provided
anesthetic during the May 24, 1995 surgery.
7. Upon information and belief, Mr. Aller was suffering from pernicious anemia
and/or a cobalamin deficiency before and at the time of the surgery of May 24, 1995.
3
96A.160\50010197
8. Upon information and belief, the blood work performed upon Mr. Aller prior to
his surgery of May 24, 1995, indicated that he was suffering from pernicious anemia and/or a
cobalamin deficiency.
9. Dr. Packer used nitrous oxide during the anesthetic that he provided to Mr. Aller
on May 24, 1995.
10. The administration of nitrous oxide in a patient with cobalamin deficiency may
cause myeloneuropathy l\nd other neurological disorders, causing or contributing to degeneration
of the spinal ,cord.
11. Mr. Aller developed neurologic degeneration and irreversible degeneration of the
spinal cord as a result of his unrecognized pernicious anemia and Dr. Packer's use of nitrous
oxide during the May 24, 1995 surgery, despite its contraindications.
COUNT I
JOHN L. ALLER \'s. LESLIE A. PACKER, M.D.
Negligence
12. The allegations contained in Paragraphs 1-11 of Plaintiffs' Complaint are
incorporated herein by reference.
13. At all times relevant to this Count of the Complaint, Mr. Aller was a patient of
Dr. Packer's and was receiving medical care and treatment from him.
4
96A.160\50010197
14. Dr. Packer administered negligent medical treatment to Plaintiff in the following
particulars:
a. administering nitrous oxide during the surgery of May 24, 1995, despite
indications that Mr. Aller was suffering from pernicious anemia and/or cobalamin
deficiency;
b. failing to recognize that Mr. Aller was suffering from pernicious anemia
and/or cobalamin deficiency before administering nitrous oxide during the surgery of
Mary 24, 1995;
c. failing to administer alternative anesthetic other than nitrous oxide once
Mr. Aller's pernicious anemia and/or cobalamin deficiency was evident or indicated;
d. failing to inform the surgeon, Dr. Moore of Mr. Aller's pernicious anemia
and/or cobalamin deficiency prior to administering nitrous oxide during the May 24,
1995 surgery;
e. failing to take preventative measures to decrease the risk of
additional deterioration of the spinal cord, or to counteract adverse effects, as a
result of the administration of nitrous oxide as an anesthetic, such as utilizing
preoperative methionine loading; and
f. selecting an anesthetic for administration to John Aller which was
contraindicated based on his medical condition.
5
96A.1601S0010197
15. The negligence of the Defendant Dr. Packer as described above increased the risk
and was a substantial factor in causing additional and continual deterioration of Mr. Aller's
spinal cord function as a result of pernicious anemia and/or cobalamin deficiency.
16. The negligence of the Defendant Dr. Packer increased the risk and was a
substantial factor in increasing the risk of future abdominal cancer as a result of his worsened
pernicious anemia and/or cobalamin deficiency as a result of the administration of nitrous oxide.
17. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
incurred significant medical expenses and will continue to incur such expenses in the future, for
all of which damages are claimed.
18. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered a loss of earnings and loss of earning capacity and will continue to suffer such losses
in the future, for all of which damages are claimed.
19. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered permanent neurological deterioration, experienced extreme pain and suffering, scarring,
embarrassment, humiliation and loss of the enjoyment of life's pleasures and will continue to
suffer such losses in the future, for all of which damages are claimed.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and costs thereon as allowed by law.
6
96A.1601S0010197
24. Defendant Dr. Packer's negligent medical treatment rendered to Plaintiff John L.
Aller as set forth above was performed within the course and scopc of his employment and/or
apparent authority.
25. Defendant Central Penn Anesthesiology, Ltd. is thus responsible for the negligent
acts and omissions of its agent and/or employee, Defendant Dr. Packer and its other agents,
servants, employees, and/or ostensible agents.
26. As a direct and proximate result of the negligence of its agent and/or employee
Dr. Packer, Central Penn Anesthesiology, Ltd. is vicariously liable for the damages sustained
by Mr. Aller and set forth abo\'e.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and COSlS thereon as allowed by law.
COUNT IV
SUSAN I. ALLER "5. CEL'iTRAL PE"~ ANESTHESIOLOGY. LTD.
Loss of Consortium
27. The allegations contained in Paragraphs 1-19, 22-26 of Plaintiffs' Complaint are
incorporated herein by reference.
28. As a direct and proximate result of the negligence of the Defendant Dr. Packer,
for which Central Penn Anesthesiology, Ltd. is vicariously liable, Plaintiff Susan I. Aller has
been deprived of the care, companionship and services of her husband, John L. Aller. for all
of which damages are claimed.
8
96a-160\responsc .mc
Exhibit A to Defendants' Motion, Plaintiffs raised an ohjection hased on work-product only to
Interrogatory number 49. Plaintiffs properly referred Defendants to the allegations contained
in Plaintiffs' Complaint in rcsponse to Interrogatory number 48, which document fairly answers
Defendants' discovery request. (See Paragraph 1. .wpm.)
4. Defendants' c1mraclerization of the correspondence rcferenced as Exhibit b to
Defendants' Motion is specifically denied.
5. It is admitted that Plaintiff has not provided dOCUlllelllS responsive to Interrogatory
number 49. as the information requested is protected from disclosure under the Pennsylvania
work-product doctrine.
6. Admitted.
7. It is specifically dcnied that "thc documents and information sought fall outside
the limitations set forth in Pa.R.C.P. 4003.3." To thc contrary, the requested information sceks
research conducted by the Plaillliffs' allorneys to support their theories of liability against
Defendants. Disclosing this rcscarch would. nccessarily. disclose Plaintiffs' attorncys' mental
impressions, as well as their conclusions and opinions of their legal theories against Defendants.
This is exactly the type of information that the work-product doctrine protects against disclosure.
Furthermore, to the extent that the information rcquested by Dcfendants pertains to
information gained by Plaintiffs' attorneys through consultation with experts not expected to
testify. this information is explicitly prolected from disclosure under Pa.R.C.P. 4003.5(a)(3).
8. II is specifically denied that "Defendants are severely prejudiced in defending this
action in light of Plaintiffs' failure to appropriately respond to the Interrogatories." To the
3
exhibit A
96A.t60\50010t97
'.
William A. Allee, Jr., Esquire
ATLEE & HALL
8 North Queen Street
P. O. Box 449
Lancaster, PA 17608-0449
(717) 393-9596
ID Nos. 06919
Attomey for Plaintiffs
JOHN L. ALLER and
SUSAN I. ALLER
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
v..
No. 97 -2649
LESLIE A. PACKER, M.D. and
CENTRAL PENN ANESTHESIOLOGY, LTD.
JURY TRIAL DEMANDED
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96A.t60\500t0197
Parties to the Action:
1. Plaintiffs John L. Aller and Susan 1. Aller, Ilusband and wife, are adult
individuals, sui juris, residing at 1401 Lambs Gap Road, Mechanicsburg, Pennsylvania 17055-
1928.
2. Defendant Leslie A. Packer, M.D., is a physician duly licensed under the laws
of the Commonwealth of Pennsylvania, with a place of business at 2645 North Third Street,
Harrisburg, Pennsylvani,a 17110.
3. Defendant Central Penn Anesthesiology, Ltd. is a professional corporation existing
under the laws of the Commonwealth of Pennsylvania with offices located at 2645 North Third
Street, Harrisburg, Pennsylvania 17110.
Summary of the Causes of Action:
4. On or about May 2, 1995, Plaintiff John Aller was seen by Dr. Barry B. Moore,
a neurosurgeon, who diagnosed him with a high cervical cord myelopathy and recommended a
cervical laminectomy and decompression.
5. This surgery was performed on Mr. Aller on May 24, 1995, at Polyclinic Medical
Center.
6. Defendant Leslie A. Packer, M.D., was the anesthesiologist who provided
anesthetic during the May 24, 1995 surgery.
7. Upon information and belief, Mr. Aller was suffering from pernicious anemia
and/or a cobalamin deficiency before and at the time of the surgery of May 24, 1995.
3
96A. t 60\500 10 197
8. Upon information and belicf, thc blood work performed upon Mr. Aller prior to
his surgery of May 24, 1995, indicated that hc was suffering from pernicious anemia and/or a
cobalamin deficicncy.
9. Dr. Packer used nitrous oxide during the anesthetic that he provided to Mr. Aller
on May 24, 1995.
10. The administration of nitrous oxide in a patient with cobalamin deficiency may
cause myeloneuropathy l!nd other neurological disorders, causing or contributing to degeneration
of the spinal cord.
11. Mr. Aller developed neurologic degeneration and irreversible degeneration of the
spinal cord as a result of his unrecognized pernicious anemia and Dr. Packer's use of nitrous
oxide during the May 24, 1995 surgery, despite its contraindications.
COUNT I
JOHN L. ALLER vs. LESLIE A. PACKER. M.D.
Negligence
12. The allegations contained in Paragraphs 1-11 of Plaintiffs' Complaint are
incorporated herein by reference.
13. At all times relevant to this Count of the Complaint, Mr. Aller was a patient of
Dr. Packer's and was receiving medical care and treatment from him.
4
96A.160\50010197
14. Dr. Packer administcred negligent medical treatment to Plaintiff in the following
particulars:
a. administering nitrous oxide during the surgery of May 24, 1995, despite
indications that Mr. Aller was suffering from pernicious anemia and/or cobalamin
deficiency;
b. failing to recognize that Mr. Aller was suffering from pernicious anemia
and/or cobalamin deficiency before administering nitrous oxide during the surgery of
Mary 24, 1995;
c. failing to administer alternative anesthetic other than nitrous oxide once
Mr. Aller's pernicious anemia and/or cobalamin deficiency was evident or indicated;
d. failing to inform the surgeon, Dr. Moore of Mr. Aller's pernicious anemia
and/or cobalamin deficiency prior to administering nitrous oxide during the May 24,
1995 surgery;
e. failing to take preventative measures to decrease the risk of
additional deterioration of the spinal cord, or to counteract adverse effects, as a
result of the administration of nitrous oxide as an anesthetic, such as utilizing
preoperative methionine loading; and
f. selecting an anesthetic for administration to John Aller which was
contraindicated based on his medical condition.
5
96A.160\50010t97
15. The negligence of thc Defcndant Dr. Packer as described above increased thc risk
and was a substantial factor in causing additional and continual deterioration of Mr. Aller's
spinal cord function as a result of pernicious anemia and/or cobalamin deficiency.
16. The ncgligence of the Defendant Dr. Packer increased the risk and was a
substantial factor in increasing the risk of future abdominal cancer as a result of his worsened
pernicious anemia and/or cobalamin deficiency as a result of the administration of nitrous oxide.
17. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
incurred significant medical expenses and will continue to incur such expenses in the future, for
all of which damages are claimed.
18. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered a loss of earnings and loss of earning capacity and will continue to suffer such losses
in the future, for all of which damages are claimed.
19. As a direct and proximate result of the negligence of the Defendant, Plaintiff has
suffered permanent neurological deterioration, experienced extreme pain and suffering, scarring,
embarrassment, humiliation and loss of the enjoyment of life's pleasures and will continue to
suffer such losses in the future, for all of which damages are claimed.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and costs thereon as allowed by law.
6
96A-160\50010197
COUNT II
SUSAN I. ALLER vs. LESLIE A. PACKER. M.D.
Loss of Consortium
20. The allegations contained in Paragraphs 1-19 of Plaintiffs' Complaint are
incorporated herein by reference.
21. As a direct and proximate result of the negligence of the Defendant Dr. Packer,
Plaintiff Susan I. Aller has been deprived of the care, companionship and services of her
husband, John L. Aller, for all of which damages are claimed.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and costs thereon as allowed by law.
COUNT III
JOHN L. ALLER vs. CENTRAL PEl\~ AI\'ESTHESIOLOGY. LTD.
Vicarious Liability
22. The allegations contained in Paragraphs 1-19 of Plaintiffs' Complaint are
incorporated herein by reference.
23. At all times relevant to the causes of action set forth in Plaintiffs' Complaint, Dr.
Packer was acting as an agent, servant, employee, principal, and/or ostensible agent of
Defendant Central Penn Anesthesiology, Ltd.
.
7
96A.160\500tOt97
24. Dcfendant Dr. Packer's negligent mcdical treatmcnt rcndered to Plaintiff John L.
Aller as set forth above was performed within the course and scopc of his employment and/or
apparent authority.
25. Defendant Central Penn Anesthesiology, Ltd. is thus responsible for the negligent
acts and omissions of its agent and/or employee, Defendant Dr. Packer and its other agents,
servants, employees, and/or ostensible agents.
26. As a direct and proximate result of the negligence of its agent and/or employee
Dr. Packer, Central Penn Anesthesiology, Ltd. is vicariously liable for the damages sustained
by Mr. Aller and set forth above.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess
of $25,000.00, together with interest and coslSthereon as allowed by law.
COUNTIY
SUSAN I. ALLER ,.s. CE"TRAL PE1'i"N A.1\'ESTHESIOLOGY. LTD.
Loss of Consortium
27. The allegations contained in Paragraphs 1-19, 22-26 of Plaintiffs' Complaint are
incurporated herein by reference.
28. As a direct and proximate result of the negligence of the Defendant Dr. Packer,
for which Central Penn Anesthesiology, Ltd. is vicariously liable, Plaintiff Susan I. Aller has
been deprived of the care, companionship and services of her husband, John L. Aller, for all
of which damages are claimed.
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