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Home My WebLink About97-03615 . '1 ~ , III ~ \l ~ ~ ~ .~ ~ ~ - , . .:> . I ~ (:', 0--1 .~ ,! ( ; " :i - v , 'I -- /- GEORGE ASKINS, Plaintiff 24 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., Defendants CIVIL ACTION - LAW NO. 97-3615 CIVIL TERM IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, April 29th, 1998, before the Honorable Edward E, Guido, JUdge, present for the Plaintiff was Nijole C. Olson, Esquire, and present for the Defendants was James J. Dodd-o, Esquire. This is a jury trial which should take two to three days to complete. This case, because of the experts, needs a date certain. We will list it for trial on May 19th, 1998. If Judge Hoffer cannot try it on that date, it will be tried by the undersigned. The Defendant is directed to file an expert report by 10:00 a.m. on Monday, May 18, 199B. Plaintiff may request a continuance at that time if she deems it necessary by virtue of the contents of the expert report. Defendant has also been forewarned that Plaintiff's expert will be allowed to testify to items raised in Defendant's report that may not have been addressed in Plaintiff's expert report. The issue of certain witnesses lised on the Plaintiff's pretrial that Defendant says were not previously disclosed will be addressed prior to trial, If it appears that ,",- (~ "~ t::. /!,';..:' te< I, ., CF (~; Ljj. -.J c.. , r /. e -- (,. 0; -~ '-. '-. '. --. ...:..: .n t..'; -i '.~ (717) 23U7Ill , ANGINO & ROVNER, p.e. 4503 NORTH FRONT BTREET HARRISSURG, PA 17110 GEORGE ASKINS, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW R. SCOTT OWENS, M.D, and MID.PENN UROLOGY,INC,. Defendants NO. 97.3615 JURY TRIAL DEMANDED ORDER AND NOW, this _ day of . 1998. upon consideration of Plaintiff's Motion to Compel Discovery, it is hereby ORDERED AND DECREED that Defendants R. Scott Owens, M.D. and Mid-Penn Urology, Inc. provide answers to Plaintiff's Expert Interrogatories and/or to produce all expert reports by no later than April 30. 1998. or be precluded from introducing expert testimony at trial. By the Court: J. doublB herni8s end not en epididymitis. Dr. Boline referred Mr, Askins to Dr. JOBnna Delao, a surgeon. Dr. Deleo examined Plaintiff GeorgB Askins on July 17, 1996 and immediately recognized bilateral hernias as the cause of Plaintiff's groin pain. It was Dr. Deleo's opinion that the groin pain Plaintiff suffered occurred as a result of the heavy lifting incident one year prBviously, in July, 1995. Dr. Deleo recommended and performed hBrnia repair surgery, after which Mr, Askins' groin pain disappeared. 2, DBfendant Owens' deposition was conducted on OctobBr 20, 1997. Plaintiff George Askins' deposition was conducted on November 20, 1997. 3. Plaintiff filed Interrogatories requesting Defendants' expert reports on August 6, 1997. On September 30, 1997, Defendant Owens replied that he would produce his expert rBports. However, no reports have been produced to date. Plaintiff produced his expert reports of Dr. Arnold Melman on December 31.1997 (COpiBS of which are attached herBto as Exhibits "A" and "B"). 4. By IBtter dated DBcember 31. 1997 (a copy of which is attachBd hereto as Exhibit "C"I, Plaintiff advisBd defense counsel that no further discovery was anticipated and, in an effort to resolve this case short of trial. suggested the possibility of exploring settlBment negotiations and advised defense counsel that Plaintiff would be willing to settle the caSB for $155,000. At that time, Plaintiff also requested defense counsel to advise her of any unfinished discovery so that the case could be listed for trial. DefensB counsBI failed to respond. 5. Two months later. by letter dated February 20, 1998. Plaintiff's counsel, once again. asked defense counsel for copies of Defendants' expert reports. DefensB counsel, again, failed to reply. It was not until March 3. 1998, that Attorney Dodd.o advised Plaintiff's 2 counsel that he submitted the file for rBview by his experts, In addition, Attorney Dodd.o advisBd Plaintiff's counsel, for the first time, that he desired to conduct discovery depositions of Plaintiff's subsequent treating physicians, Drs. BolinB and Deleo, 6. Alter Plaintiff's counsel's office procurBd dates of the doctors' availability, dBfense counsBI issued deposition Notices scheduling their depositions for WBdnesday, March 11, 1998, in their respective Harrisburg offices (See, Defendants' Deposition Notices attachBd collectively hereto as Exhibit "0"). On March 10, 1998, defense counsBl, furthBrmorB, confirmed thB depositions for March 11, 1998, and made arrangBments for a court reporter for both depositions. 7, less than twenty-four hours prior to the scheduled depositions of Drs. Boline and Deleo, AltornBY Dodd-o unilaterally canceled both depositions. DBfense counsel offered as a reason, his client's rBfusal to pay the physicians pursuant to their billing schedules (See, Attorney Dodd.o's fax of March 10, 1998 attached hereto as Exhibit "E"). 8. Since Attorney Dodd.o had an opportunity to depose Drs. Boline and Deleo, but cancBled samB, Plaintiff proceeded to move this case forward by listing it for trial and filed a Praecipe with the Prothonotary's Office on March 24, 1998 (See, Plaintiff's counsel's IBtter of March 19, 1998 attached hereto as Exhibit "F" and the Praecipe Listing the Case for Trial as Exhibit "G"I. 9. To date, Plaintiff has not received any defense expert reports. The caSB is set for trial to bBgin on May 18, 1998. As anticipated, at the Pre-Trial Conference, Attorney Dodd.o sought to continue the case, arguing his failed opportunity to depose Dr. DBleo and/or Dr. BolinB. The dB position of Dr. Deleo has been rescheduled for May 7, 1998, or only five working days bBfore trial. Significantly, Plaintiff has been advised that Dr. DB lBO'S orioinal 3 billina schedule. as was the basis for defense counsel's unilateral cancellation of thB deoosition on March 11 ,1998, will be aoolied on Mav 7. 1998. A manipulatBd two.month delay of the depositions of Drs. DeLeo or Boline by defense counsel for the purpose of waiting until thB elBventh hour before trial should not bB permitted or serve as the basis for trial delay and/or failure to produce defense expBrt report(s). 10. Defendants R. Scott OWBns, M.D. and Mid.Penn Urology, Inc. have beBn on notice of Plaintiff's claims since the filing of the Complaint on July 1, 1997. Both Defendants have had the benefit of Plaintiff's expert reports since Decernber 31 , 1997. Plaintiff has beBn waiting for DBfendants' Answers to their Expert Interrogatories since August, 1997, and, to date, have not bBBn provided with any reports. If a party, in his answers to interrogatories, states that he has not yet retained his expert, he is under a dutv to suoolement his answers as Drovided bv Pa. A.C.P. 4007.4(11. Moreover, pursuant to Pa. A.C.P. 4003.5(b) and 4003.5(cl. dBfendants' failure to identifv an exoert witness intended for trial. can comoel the Court to exclude the testirnonv of such exoert(s) if offered at trial. Pa. A.C.P. 4019(i) also provides an indeoendent sanction of excludina the testimony of a witness whose idBntitv has not bBen revealed. 11. Trial in this case is presently scheduled for May 18, 1998. Plaintiff requests that This Honorable Court Order Defendants to answer Plaintiff's Expert IntBrrogatoriBs or produce an expert reportls} by no later than April 30, 1998, or be precluded from introducing any expBrts at trial. 12. Failure of Defendants to produce their expert report(s) on or be forB April 30, 1998, would result in prejudice, unfair surprise and/or trial by ambush. 4 ~ :z: iii =4 o IOSEPII M MELILLO 'WlRYS.IIYMAN DAVID L LUTZ MlalAE!. f. KOSIK PAMaA O. SHUMAN RICHARD A. SADLOCK DAVID S. WISNESKI Angino It Rovner urno IN TIlE BEST LAWYERS -IN- AMERICA RlalARD c. ANOINO NEll. ROVNER December 31,1997 James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Herrisburg, PA 17108-0999 Re: Askins v. Owens. et el Dear James: NIIOLE C. OLSON MIOIAE!./. NAVITSKY DAWN L IENNINOS lOSEI'll M. DORIA DUANE S. DARRICK lAMES llIClNTI I have enclosed the reports and Curriculum Vitae of Arnold Melman, M.D., who I intend to cell as an expert at the time of trial. Based upon review of the deposition transcripts, the records of Drs. Boline and DeLeo and Dr. Melman's reports, I believe that we have a strong and convincing liability case against Dr. Owens. I anticipate calling Mr. Askins' subsequent treating physicians and medical residents who spotted his double hernias across the exam room to testify at trial. At this point I do not anticipate further discovery and would like to list the case for trial. If you plan on any further discovery please let me know so that we can make arrangements now with our schedules. At this point, and in an effort to try to resolve this case short of trial, I would like to explore the possibility of settlement negotiations with you. I sat down with Neil Rovner and other members of the firm to discuss this case and asked for their opinions with regard to a demand. The demand ranged from $150,000 to $175,000. I have discussed this with Mr. Askins and he has agreed to accept my recommendation that we settle this cese at this point in time for $155,000. We can both save ourselves trial preperetion time and trial expenses if we settle now. I eppreciate your enticipated cooperation and look forward to discussing this matter with you at your convenience. ss 450~~~ONT STREET. HARRISBURG. PA 17110.1708 (717) 238-8791 . , FILE COpy FAX (717) 238.5810 ~ :z: iii =4 c THOMAS, THOMAS & HAFER BY: James J. Dodd-o, Esquire IdentifIcation No. 44678 305 North Front Street P.O. Box 999 Hamsburg, PA 17108 (717)237-7100 Attomey for Defendants: R. Scott Owens, M.D. and Mld-Penn Urology. Inc. IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW GEORGE ASKINS, NO. 97-3615 Plaintiff, v. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., Defendants. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS DEPOSITION NOTICE TO: Joanna M. DeLeo, M.D. c/o Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Please take notice that the Deposition of Joanna M. DeLeo, M.D., is hereby requested to take place WEDNESDAY, MARCH 11, 1998, commencing at 1:15 p.m., in the office of Dr. DeLeo, 845 Sir Thomas Court, Harrisburg, PA 17109. Said Deposition will be held upon Oral Examination pursuant to the Pe~n~ylvanifi Rules of CiviL ?rocedu=e before an officer authorized by the laws of the Commonwealth of Pennsylvania to administer oaths. LLP By Dated: J. DODD 0, ESQUIRE At rney 1.0. No. 44678 305 North Front Stree~ P.O. Box 999 Harrisburg, PA 17108 (717)237-7100 Attorneys for Defendants March 9, 1998 ~ :z: iii =4 m IOSEPH P. IWTJl lAMES It l1IOIoIAS, 0 IEI'FIUlY 8.1BI110 PIl1EIlI.CURY R. BURKE IW!MOIU!.IR. EDWAROKJOIlOAN,IR. C. IU!NT PRIll R.ANOAU. II ClAUl DAVID L SOfWAUoI rET1!Ill.Sl'fAlER DOUau.s 8. MARCEUO PAULI.llWASEOA THOMAS. THOMAS & HAFER. LLP ATTORNEYS AT LAW 305 NORTII FRONT S'TREIIT SIX1H FLOOR P.O, BOX 999 HARRISBURG. PA 17108 TDWI1IY L MARJe DAHlELI.llAI.UllHEIl o.081!K1' A. TAYLOR SARAH W. ARlMEU. EUllEND N. /olcHU(IH SIEPHE7l 0. llEDUUlIO IWlI!II S. COAlllS OARY T. UllIRllP TOOOB.NARVOI. lAMES 1.1lOOO-O KIMH C.IokNAMARA 8o.OOK.!I R. FOLAND 10lIN f1.OUNU.CKER OF CIlUIISEL JAMES l maMAS (7171237.7100 FAX (7IT)2J7.7IOS EMAlL: mteEZONUNRCOM Wo.nE/l'S DIRBCT DLAL NUMSER 255-7645 March 10. 1998 VIA FAX TRANSMISSION (7111238-5610 Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 17110 RE: Askins v. Owens . CCP, Cumberland Co. civil Action No. 97-3615 Dr. Boline Dr. DeLeo Dear Nijole: I have discussed the billing prerequisites from the above doctors, directed to your attention. My client is unwilling to pay for the above. In light of this, and the fact we cannot reach an agreement on same. I believe it would be best not to attempt to move fOlward with the depositions at this time. Instead, I will be forwarding to the physicians subpoenas for their testimony. I would anticipate the depositions would take place in April, once we have cleared dates with you. Thank you for your attention to the above. Please express my apology to the physicians regarding this cancellation. JJD/kls ~ :z: iii =4 'tl ~ 6' ~ Cil PRAECIPE toUR U:llll~lJ \,,0\,)"- run. 1l\1.~" (Must be lYpewrille!l.3Ild submilled in duplique) TO THE PROTHONOTARY/OF CU~IBERLAND COUNTY Ple:ue Un ~t foUowlng e:uc: (Check on.) ( XX )' for JURY lrial SI the De:u term ~f civil coun. CAPTION OF CASE (.owe c.aptlon mwt be suud In full) (chcde ani) () .0 ~ !; CXl " .". ... rMl~ "'- "1~ _....l!' ;0 ;;.;{~ N ::g (Ji... -C' 0 -:. ....~. GU -< -" -0 :1:33 ;r~c' ~J(.., {;;6 ~ <::irn ?t.:' -/ ~ ~ w -. ( ) Cor trial without 2 jury. GEORGE ASKINS. Plaintiff ( ) AsNmpsit ( ) Trespm ( ) Trespass (Molor Vehicle) (XX). Medical Millnrilr.tirp (0 11m) (plaintlJT) n. l11e trial list will be called on R. SCOTT OWENS, M.D. and MID-PENN UROLOGY. INC., Defendants Aoril 21. 1998 flM' Trials commence on Mav lB, 1998 . . (DeCendant) Pretrials will be held on April 29, 19!Ul (Briefs are due 5 days before pre- trials. ) (The party listing this case for trial shall provide forthwith a copy of the p,raecipe to all counsel, pursuant to \ Iocal Rule 214-:1.) vs. No. 97-3615 Civil I~.L Inillc2te the morney who ..ill uy use for the puty who' m~s this pr2eclp.: ANGINO & ROVNER, P.C. Ni iole C. Olson. ESQuirp. 10 055287. 4503 Nnrth Frnnt St H:1rric;hllrQ PA 17110 IIldlc2te' uial counsel Cor other par~s if known: For Defendants: THOMAS. THOM71S & HAFER. James j. Dodd-a, Esquire, 305 N. Front St.. P.O. Box 999. Harrisburo, PA 17108-0999 This QSI is ready for trial. Signed: ..' Print :O;lmr: Dill: March 23, 1998 AllC'n~l' fo,: Pl a i nt iff CERTIFICATE OF SERVICE I hereby certify that I, Candice M. Baker, an employee of Angino 8& Rovner, P.C" have this date served a true and correct copy of the ettachad Praaclpe for listing Casa for Trial, upon the parties listed below via United States First Class Mail, postage prepaid, eddressed as follows: James J. Dodd-o, Esquire THOMAS, THOMAS 8& HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 1710S-0999 65460/lAJ CERTIFICATE OF SERVICE I hereby certify thBt I, Candice M, Baker, an employee of Angino & Rovner, P,C" have this date served a true and correct copy of the attached Plaintiff's Motion to Compel Discovery, upon the parties listed below via United States First Class Mail. postage prepaid, addressed es follows: James J. Dodd-o, Esquire THOMAS. THOMAS & HAFER 305 North Front Street P,O, Box 999 Harrisburg, PA 17108-0999 Dated: ~~I;f 65450llAJ ~ l~ \ L;: -" , ~ ' ! ~--~ i.':i ':' ,.: ..- J r_! ;: ., . . ol I ". I , .. '- " , ) . < - '-'\ J double hernias and not an epididymitis, Dr, Boline referred Mr. Askins to Dr, ,loBnna DeLeo, a surgaon, Dr, DeLeo examined Plaintiff George Askins on July 17, 1996 and immediately racognized bilateral hernias as th!l cause of Plaintiff's groin pain, It was Dr, DeLeo's opinion thallhe groin pain Plaintiff suffered occurred as a result of the heavy lifting incidBnt one year praviously, in July, 1995, Dr, DeLeo recommended and performed hernia rBpair surgary, after which Mr. Askins' groin pain disappeared, 2. Defendant Owens' deposition was conducted on OctobBr 20, 1997, Plaintiff Georga Askins' deposition was conducted on November 20, 1997. 3. Plaintiff filed Interrogatories requesting Defendants' expert reports on August 6, 1997. On September 30, 1997, Defendant Owens repliBd that he would produce his axpert reports, However, no rBports have bBen produced to datB, Plaintiff produced his 8xpert reports of Dr. Arnold Melman on DecembBr 31, 1997 (copies of which are attached heleto as Exhibits "A" and "B"), 4, By letter dated DBcember 31, 1997 (a copy of which is attached hereto as Exhibit "C"), Plaintiff advised dBfense counsel that no further discovery was anticipated and, inaneffort to resolve this case short of trial, suggested the possibility of exploring sBttlement negotiations and advised defense counsel that Plaintiff would be willing to settle the case for $155,000, At that time, Plaintiff also requested defense counsel to advise her of any unlinished discovery so that the case could be listBd for trial. Defense counsel failed to raspond. 5. Two months IBter, by letter dated FBbruary 20, 1998, PIBintiff's counsel, once again, asked defense counsel for copies of DBfendants' expert reports, DBfense counsel, again, failed to reply, It was not until March 3, 199B,that Attorney Dodd.o advised Plaintiff's 2 counsel that he submitted the file for review by his expBrts. In addition. AttornBY Dodd.o advised Plaintiff's counsel, for the first time, that he desired to conduct discovery depositions of Plaintiff's subsBquent treating physicians, Drs, Boline and DeLeo, 6, AftBr Plaintiff's counsBI's office procured dates of the doctors' availability, defense counsel iSSUBd deposition Notices SchBduling their depositions for WBdnesday, March 11, 199B, in their respBctive Harrisburg offices (fuN, Defendants' Deposition Notices attached collectively hereto as Exhibit "0"), On March 10, 199B, defense counsel, furthermore. confirmed the depositions for March 11, 1998, and made arrangements for a court reporter for both depositions, 7, Less than twenty.four hours prior to the scheduled depositions of Drs. Boline and DeLeo, Attorney Dodd-o unilaterally canceled both depositions, Defense counsel off Bred as a reason, his client's refusal to pay the physicians pursuant to their billing schedules (~, Attorney Dodd-o's fax of March 10, 1998 attached hereto as Exhibit "E"), B. SincB Attorney Dodd-o had an opportunity to depose Drs, 80line and DeLBo, but canceled same, Plaintiff proceeded to move this case forward by listing it for trial and filed a Praecipe with the Prothonotary's Office on March 24, 1998 (~, Plaintiff's counsel's IBtter of March 19, 199B attached hereto as Exhibit "F" and the Praecipe Listing the Case for Trial as Exhibit "G"), 9. To date, Plaintiff has not received any defense expert reports, The CBse is set for trial to begin on Mey 18,1998, As anticipated. at the Pre-Trial Conference, Attorney Dodd-o sought to continue the case, arguing his failed opportunity to depose Dr. DeLeo and/or Dr,80line, The deposition of Dr. DeLeo has been rescheduled for May 7, 199B. or only fivB working days before trial. Significantly, Plaintiff has been advised that Dr. DeLeo's 2llilinnl 3 billino schedule, as WBS thB basis for defBnse counsel's unilatBral cancellation of the deoosition on March 11. 199B, will be Boolied on Mav 7, 199B, A manipulated two-month delay of the depositions of Drs, DeLeo or Bolina by dBfense counsel for the purpose of waiting until the eleventh hour beforB trial should not be pBrmitted or serve as the basis for trial delay and/or failure to producB defense eXpBrt report(sl, 10. Defendants R. Scott Owens, M,D, and Mid.Penn Urology, Inc, have beBn on notice of Plaintiff's claims since the filing of thB Complaint on July 1, 1997, Both Defendants have had the benefit of Plaintiff's expert reports since December 31. 1997, Plaintiff has been waiting for Defendants' Answers to their Expert Interrogatories since August, 1997, and, to date, have not been provided with any reports. If a party, in his answers to interrogatories, states that he hBS not yet retBined his expert, he is under a dutv to suoolement his answers as orovided bv Pa. R.C.P, 4007.4(11. MorBDver, pursuant to Pa, R,C,P, 4003,5(b) and 4003,5(c), defendants' fBilure to identifv an exoert witness intended for trial. can comoel the Court to exclude the testimonv of such exoert(s) if offered at trial. Pa. R,C.P. 4019(i) also provides an indeoendent sanction of excludino the testimonv of a witness whose identitv has not been revealed. 11. Trial in this case is presently schedulBd for May lB, 199B. Plaintiff requests that This Honorable Court Order Defendants to answer Plaintiff's Expert Interrogatories or produce an expert report(s) by no later than April 30, 1998. or be precluded from introducing any experts at trial. 12, Failure of Defendants to produce their expert report(s) on or before April 30, 199B, would result in prejudice, unfair surprise and/or trial by ambush, i 4 WHEREFORE, Plaintiff raspectfully raQuests This HonorBble Court to enter an Order directing Defendants OWBns and Mid.Penn Urology, Inc, to Bnswer Plaintiff's Expert Interrogatories, or produce an expert report(s) by no later than April 30, 199B, or, otherwise, to suffer the sanction of preclusion of any Bxpert testimony at trial, Respectfully submitted, ~.d, f.;ftf Nijole C. OIs n, Esquire 1.0. #55287 4503 North ont Street Harrisburg, P 17110 Attorney for alnllffs 5 ~ :I iii =i )> I MOhTEnoRBMEDICALC... ..R ne UllhmltJ Hooplt.a1 ror tile Albert E1DslolI CoD", ot M.cIIdae . DEPARTIIENT or UROLOGY II ALIlUT EMmH COlUlllor IIEDICHI or l'IMlYA UNl\Um'r ARNOLO MWlAH.II.D, Pro!..... ..d Chair1llae AJbort Eiulri. CoII.1' oIl1ldiriDt MODIoli,,, llldical Ce.I" May21. 1997 Solomon Z, Krevsky Law Offices Angino & Rovner. P,C,. . 4503 North-Front Street Harrisburg, PA 17110-1708 Dear Mr, Krevsky: RE: George Askins Thank you for allowing me to review the case ofMr, George Askins. Mr, Askins was seen initially by Dr, R. Scott Owens on August 9, 1995 with a complaint of bilateral testicular pain. The patient was diagnosed at that time of having non-bacterial epididymitis. He was treated with oral antibiotics and non.steroidal medication for one month. The records indicated that he noted some improvement in the testicular pain, As of October, 1995 it was believed that he had improved. Apparently, the pain returned in April of 1996 with recurrent pain in both testes, A letter written by Dr, R. Scott Owens on Iuly 10, 1996 stated that he thought again he had bilateral epididymitis and he was placed on the same regimen, The pain returned and basically he was kept with that diagnosis by Dr. Owens. Mr, Askins was then seen by Dr, George B, Boline. Ir, on Iuly 16. 1996, At that time, Dr, Boline diagnosed bilateral inguinal hernias that were easily palpable. He also noticed discomfort to palpation on the testes and the epididymis greater on the right side greater than the left, He did not find any masses. His prostate was enlarged. He had a normal urinalysis. Dr, Boline at that time felt that the majority of the symptoms were related to Mr. Askins reducible hernias rather than might be an associated epididymitis, After review of the hernias repair the testicular pain had disappeared and the hernias were the primlll}' cause of the problem, Therefore, in all medical probability it seems that the diagnosis of bilateral inguinal orifices were missed by Dr, Owens as the cause of the patients problem over a sustained period. He was treated inappropriately for epididymis as the cause of the continuing symptoms when the hernias were indeed the etiology of the sustained pain. The failure to establish a correct diagnosis with careful physical examination led to the prolonged pain, discomfort and loss of work to the patient. It could have been corrected had a proper diagnosis been made in the beginning. YaihIllAddn..: Wanhf\er. Wrdicu Crulf.. III R.dlIOthSl"" B"ru. Nt. Yet" 10467.2490 t71819lO-~llf1I<o 1049 Flt\h Auuut Suit. 20 N,. root NY 10023 lIU39.ISBI "'.M1..',"'" IOSEPllM.1oIELIUO TERRY I. HYMAN DAVIOL LUTZ MICHA!I. E. KOSIK PAMElA O. SH\1IoIAN RlCHAlD A. SAOLOCX DAVID I. WISNESKI Angino D Rovner USTEDIH TIlE BESI'UWYERS -11I- AMERICA RICKARD C. AHOINO NEIL I. ROVNER December 31, 1997 James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P,O. Box 999 Harrisburg, PA 17108-0999 Re: Aaklns v, Owens, et al Dear James: NlIOU! C. OLSON t.OC1lAELl. NAVITSKY DAWN L lliIINlNOS JOSEPH Iol. DORIA DUANE S. BARRICK JAMES IlICllm I have enclosed the reports and Curriculum Vitae of Arnold Melman, M.D., who I intend to call as an expert at the time of trial. Based upon review of the deposition transcripts, the rBcords of Drs. Boline end DeLeo and Dr. Melman's reports, I believe that we have a strong end convincing liability case against Dr. Owans. I anticipate calling Mr. Askins' subsequent treating physicians end medicel residents who spotted his double hernias across the exam room to testify at trial. At this point I do not anticipate further discovery and would like to list the case for trial. If you plan on any further discovery please let me know so that we can make arrangements now with our schedules. At this point, end in an effort to try to resolve this case short of trial. I would like to explore the possibility of settlement negotiations with you. 1 sat down with Neil Rovner and other members of the firm to discuss this case and asked for their opinions with regard to a demand. The demand ranged from $150,000 to $175.000. I have discussed this with Mr. Askins and he has agreed to accept my recommendation that we settle this case et this point in time for $155,000. We can both save ourselves trial preparation time and trial expenses if we settle now. I appreciete your anticipated cooperation and look forward to discussing this matter with you at your convenience. ss 4S0J~ONT STREET. HARRISeURG. PA 17110.1708 (717) 23H791 FILE COpy FAX (717) 238-5810 ~ :z: iii =4 c THOMAS. THOMAS & HAFER BY: James J. Dodd-o, esquire IdentlflcaUon No. 44678 305 North Front Street P.O. Box 999 Hamburg. PA 17108 (717)237-7100 Attorney for Defendanlll: R. Scott Owens, M.D. and Mld-Penn Urology, Inc. ------------------------------------------------------------------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ------------------------------------------------------------------ GEORGE ASKINS, NO. 97-3615 Plaintiff, v. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., Defendants. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS DEPOSITION NOTICE TO: George B. Boline, Jr., M.D. c/o Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Please take notice that the Deposition of George B_ Boline, Jr., M.D.. is hereby requested to take place WEDNESDAY, MARCH 11, 1998, commencing at 11:30 a.m., in the office of Dr. Boline, 2626 North Third Street, Harrisburg, PA 1710B. Said Deposition will be held upon Oral Examination pursuant to the Pennsylvania Rules of Civil Procedure he fore an officer authorized by the laws of the Commonwealth of Pennsylvania to administer oaths. THOMAS , R, LLP 1 DODD-O, ESQUIRE ney I.D. No. 44678 1/ ~ 305 North Front Street P.O. Box 999 Harrisburg, PA 1710B (717)237-7100 Attorneys for Defendants Da ted: March 9, 199B THOMAS, THOMAS & HAFER BY: James J. Dodd-o, EaQulre Identification No. 44678 305 North Front Street P.O, Box 999 Hamburg, PA 17108 (717)237.7100 Attorney for Defendants: R. Scott Owens, M.D. and Mld-Penn Urology. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW GEORGE ASKINS, NO. 97-3615 Plaintiff, v. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., Defendants. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS DEPOSITION NOTICE TO: Joanna M. DeLeo, M.D. c/o Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Please take notice that the Deposition of Joanna M. DeLeo, M.D., is hereby requested to take place WEDNESDAY, MARCH 11, 1998, comnencinq at 1:15 p.m., in the office of Dr. DeLeo, B45 Sir Thomas Court, Harrisburg, PA 17109. Said Deposition will be held upon Oral Examination pursuant to the Pennsylvania Rules.of Civil ~rocedure before an officer authorized by the laws of the Commonwealth of Pennsylvania to administer oaths. THOMAS , LLP By Y J. DODD-O, ESQUIRE rney I.D. No. 4467B 305 North Front Street P.O. Box 999 Harrisburg, PA 1710B (717)237-7100 Attorneys for Defendants Dated: March 9, 199B . , 'f 1OSEIlIp./f.lRlR lANES It TIDtoIAs. u IEifRBY 8.IIlIlJO IllI1!IlI.CWlY R. BllRKB NIalOll!.IR. EIlWARDKIlADAH.1R. c. l/lNJ' I'RDI IlANDAU. Q GAUl DAVID L SOlWAUI IllI1!IlI.Sl'lAISl OOUlll.U 8.lWtCEuo PAULI. DEIJAsi!OA OPClXIIISI!I.. loUlES r. n-.u THoMAs, THOMAS & flAFER, LLP AlTORNEYS AT LAW 305 NORlH FRONJ' S'JREHr SIX'IlI fLOOR P.O. BOX 999 HARRISBURG, PA 17108 (717) 237.7100 - FAX (717) 237.1105 - IlMA1L: T1H.1lZONl.INIl.CQM - WRITER'S DIRIlCT DIAL NI1MBEIl 255.7645 1lNonJy llfAR1: DAHl8J.I.llAU.\onoa Roemlr A. TAYI.OIl SAIlAI1 IV. ARlI31!U. IlUOlHJI N.1IdJUaJJ nJiI'Ia;H B. 0Il1lUI.DI0 I.ARDH s. aJAJm OAllYT,~ 1'llDO 8. HARvlll. I-,. JlOOO.{) KIMN C. MdfoUl.uA 1IllOOKS.. RlUHD IOtI4 R.lll.IHw:xa MlIJl:h W, 1998 YlAFAX TRANSMISSION (717)2311-5610 Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front SIreet Harrisburg, PA 17))0 HE: Askiu v. Oweu i CCP, Cumberland Co. Civil Action No. 97-3615 Dr. Boline Dr. DeLeo DearNijole: I have discussed the billing Prerequisites from the above doctors, directed to your attention. My client is unwilling 10 pay for the above. In light of this, and the fact we cannot reach an agreement on same, I believe it would be best Dot 10 attempt 10 move forward with the depositiollS at this time. Instead, I will be forwarding to the physicians subpoenas for their testimony. I would anticipate the depositiollS would lake place in April, once we have cleared dates with you. Thank you for your attention to the above. Please express my apology to the physicians reganling this cancellation. 110Ms (;-, '- ~ ::I !! 'T ItImPIIII. NIlIlUD 11lUlllM&.\N lINIDL unz /olItHAa.1I. mm: PANIIIA 0. SIItIII.UI IUCHAID A. SADI.OCIt Angino DRovner NIIOUl C. 0U0It LllCIWII.l, HMmn' 1DSI!lR IlIlllllA IlUAMII. BAlla 1AIolIIS IlICIIIII lWID L WUHlIUJ LlS'/l!DIf nIB BR\T lAWYERS -11I- AMERrA JUaIA/ID C. A/lIlIlfO NIIIL 1.1llMlI!Il March 19, 1998 James J. Dodd.o, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Re: Askins v. Owens, M.D.. et aI. Dear Mr. Dodd-o: You have had an opportunity to depose Drs. Boline and Deleo and sent notices for these depositions on March 10, 1998. However, less than twenty-four hours before the depositions, you canceled same. Therefore, I am listing the case for trial as previously discussed. If, in the interim, you would like to conduct the depositions of Drs. BoIina end Deleo, please feel free to go ahead and contact them to meke these arrangements. I trust, however, that you will not be discussing any substantive facts concerning Mr. Askins' treatment and care by Dr. Owens, as prohibited by the Rules of Civil Procedure. rs, NCO/cb Enclosure 129826/CB ~ C' ;:; G'l . PRAECIPE foUR U~ 1 ll'lu '-o"\.3r. l'V", 11\1..... (Musl be lYpewritte!1',:md submiued in dl!pli~le) , TO THE PROTHONOTARY/OF CU~IBERLAND COUNTY (Check anI) Piem Un !hI (qUowlnl ~: ( XX )' for ruRY trial al chi oe:tt term o( ci'fil COUrl. . . . ( ) (or uta! without a jury. (') \D .~ C CD 2ll -r ;1 ~g:j :t- ;0 zt;;: N cn.~ r Q P-~- \ U :T! ;::: -0 ~8 ::z: !Je )>c ~ om Z t.) ~ ~ CAPTION OF CASE (Illtlre caption must be luud In /WI) (chedt ani) ( ) Assumpsit ( ) Trespm ( ). Trespass (~totor VIIUdI) GEORGE ASKINS. Plaintiff (XX). Medical Malnr~r.tirp . (otlllr) (plaintlIl) n. 'l11e trial Ust will be called on R. SCOTT OWENS. M.D. and MID-PENN UROLOGY, INC., Defendants Aoril 21. 1998 1M. . Trials cOllllllence on Mav 18. 1998 . (De{enwt) Pre trials will be held on April 29. 19!18 (Briefs are dUB S days before pre- trials. ) ('l11e party listing this case for trial shall provide forthwith a copy of the p'raecipe to all counsel, pursuant to \ Iocal Rule 214-:1.) n. ~a. 97-3615 CIvil I~.L Ind1tste the attornI)' ,,'ho ..~1l uy we (or chi ~l)' "'"0' m~s rIIis pr3Clpl: ANGINO & ROVNER, P.C. Ni iole C. Olson. Esouirp. In 855287. 4503 North Frnnt ~t H~rric;hllr'J PA 1711n IAdlclI' trial COWISCI (01 owr pantcs lf known: For Defendants: THOMAS. lHOMM & HAFER. James J. Oodd-o, Esquire, 305 N. Front St.. P.O. Box 999. HarrisburQ. PA 17108-0999 This QSlts mdy (or lrial. -' SICr..d: Print :-;l/Il.: Dill: March 23, 199B Allorn.)' for: Pl a i nt iff double hernias and not an epididymitis. Dr. Boline referred Mr. Askins to Dr. Joanna DeLeo, a surgeon. Dr, DeLeo examined Plaintiff George Askins on July 17, 1996 and immediately recognized bilateral hernias as the cause of Plaintiff's groin pain, It was Dr, DeLeo's opinion that the groin pain Plaintiff suffered occurred as a result of the heavy lifting incident one year previously, in July, 1995, Dr. DeLeo recommended and performed hernia repair surgery, after which Mr, Askins' groin pain disappeared, 2. Defendant Owens' deposition was conducted on October 20, 1997. Plaintiff George Askins' deposition was conducted on November 20. 1997, 3. Plaintiff filed Interrogatories requesting Defendants' expert reports on August 6, 1997. On September 30, 1997, Defendant Owens replied that he would produce his expert reports, However, no reports have been produced to dBte. Plaintiff produced his expert reports of Dr. Arnold MBlman on December 31, 1997 (copies of which are attached hereto as Exhibits "A" and "B"). 4. By letter dated December 31, 1997 (B copy of which is attached hereto as Exhibit "C"), Plaintiff advised defense counsel that no further discovery was anticipated and, in an effort to resolve this case short of trial. suggested thB possibility of exploring settlement negotiations and advised defense counsel that Plaintiff would be willing to settle the case for $155,000. At that time, Plaintiff also requested defense counsel to advise her of any unfinished discovery so that the case could be listed for trial. Defense counsel failed to respond, 5. Two months later, by letter dated February 20, 199B, Plaintiff's counsel, once agBin, asked defense counsel for copies of Defendants' expert reports. Defense counsel, egain, failed to reply, It was not until March 3, 199B. that Attorney Dodd-o advised Plaintiff's 2 counsel thet he submitted the file for review by his experts, In addition, Attorney Dodd-o advised Plaintiff's counsel, for the first time, that he desired to conduct discovery depositions of Plaintiff's subsequent treating physicians, Drs. Boline and DeLeo. 6. After Plaintiff's counsel's office procured dates of the doctors' availability, defense counsel issued deposition Notices scheduling their depositions for Wednesday, March 11, 199B, in their respective Harrisburg offices (See, Defendants' Deposition Notices attached collectively hereto as Exhibit "D"), On March 1 0, 199B, defense counsel, furthermore, confirmed the depositions for March 11, 1998, and made arrangements for a court reporter for both depositions, 7. Less than twenty-four hours prior to the scheduled depositions of Drs, Boline and DeLeo, Attorney Dodd-o unilaterally canceled both depositions, Defense counsel offered as a reason, his client's refusal to pay the physicians pursuant to their billing schedules (See, Attorney Dodd-o's fax of March 10, 199B attached hereto as Exhibit "E"), B. Since Attorney Dodd-o had an opportunity to depose Drs. Boline and DeLeo, but canceled same, Plaintiff proceeded to move this case forward by listing it for trial and filed a Praecipe with the Prothonotary's Office on March 24, 199B (~, Plaintiff's counsel's letter of March 19, 199B attached hereto as Exhibit "F" and the Praecipe Listing the Case for Trial as Exhibit "G"). 9. To date, Plaintiff has not received any defense expert reports. The case is set for trial to begin on May 1 B, 199B. As anticipated, at the Pre-Trial Conference, Attorney Dodd-o sought to continue the case, arguing his failed opportunity to depose Dr. DeLeo and/or Dr, Boline, The deposition of Dr. DeLeo has been rescheduled for May 7, 199B, or only five working days before trial. Significantly, Plaintiff has been advised that Dr. DeLeo's oriQinal 3 billino schedule. as was the basis for defense counsel's unilateral cancellation of the deoosition on March 11, 199B, will be aDDlied on Mav 7. 199B. A manipulated two-month delay of the depositions of Drs. DeLeo or Boline by defense counsel for the purpose of waiting until the eleventh hour before trial should not be permitted or serve as the basis for trial delay and/or feilure to produce defense expert report(s). 10. Defendants R. Scott Owens, M.D, and Mid-Penn Urology, Inc. have been on notice of Plaintiff's claims since the filing of the Complaint on July 1, 1997. Both Defendants have hed the benefit of Plaintiff's expert reports since December 31. 1997. Plaintiff has been waiting for Defendants' Answers to their Expert Interrogatories since August. 1997, and, to date, have not been provided with any reports. If a party. in his answers to interrogatories, states thet he hes not yet retained his expert, he is under a dutv to suDDlement his answers as Drovided bv Pa, R,C,P. 4007.4(11. Moreover, pursuant to Pa, R,C.P. 4003,5(b) and 4003.5(c), defendants' failure to identifv an exDert witness intended for trial. can com Del the Court to exclude the testimonv of such exDert(sl if offered at trial. Pa. R,C,P. 4019(i) also provides an indeDendent sanction of excludino the testimonv of a witness whose identitv has not been revealed, 11. Trial in this case is presently scheduled for May lB, 199B, Plaintiff requests that This Honorable Court Order Defendants to answer Plaintiff's Expert Interrogatories or produce an expert report(s) by no later than April 30. 199B, or be precluded from introducing any experts at trial. 12. Failure of Defendants to produce their expert report(sl on or before April 30, 199B, would result in prejudice, unfair surprise and/or trial by ambush, 4 ~ :z: iii =4 ~ I MONrllFlORBMEDICALC... .il '1\8 Unlvtrsll1 Hospital for the Albert EiIIsIola CoUe", of Medlcllle . . WESt EIN!r!Ul COu.&OB or M!IllaNI . or YEsHIVA \JNIYIIlIITT DEPARTMENT OF UROLOGY ARNOLD IoIELIWI. ltD. pror....' ..4 Chainll.. Albtrt EiIlIIoi. Collf" or IItdiriDt ll..t,ro...lltdical C..,.. May21,1997 Solomon Z. Krevsky Law Offices Angino & Rovner. P,C, . 4503 North Front-Street Harrisburg, PA 17110-1708 Dear Mr. Krevsky: RE: George Askins Thank you for allowing me to review the case of Mr. George Askins, Mr. Askins was seen initially by Dr, R Scott Owens on August 9, 1995 with a complaint of bilateral testicular pain. The patient was diagnosed at that time of having non-bacterial epididymitis, He was treated with oral antibiotics and non-steroidal medication for one month. The records indicated that he noted some improvement in the testicular pain, As of October, 1995 it was believed that he had improved, Apparently. the pain returned in April of 1996 with recurrent pain in both testes, A letter written by Dr, R Scott Owens on July 10. 1996 stated that he thought again he had bUateral epididymitis and he was placed on the same regimen, The pain returned and basically he was kept with that diagnosis by Dr. Owens, Mr, Askins was then seen by Dr. George B. Boline, Jr. on July 16, 1996, At that time, Dr. Boline diagnosed bUateral inguinal hernias that were easily palpable. He also noticed discomfort to palpation on the testes and the epididymis greater on the right side greater than the left. He did not find any masses, His prostate was enlarged. He had a normal urinalysis. Dr. Boline at that time felt that the majority of the symptoms were related to Mr. Askins reducible hernias rather than might be an associated epididymitis, After review of the hernias repair the testicular pain had disappeared and the hernias were the primary cause of the problem. Therefore, in all medical probability it seems that the diagnosis of bilateral inguinal orifices were rnissed by Dr. Owens as the cause of the patients problem over a sustained period. He was treated inappropriately for epididymis as the cause of the continuing symptoms when the hernias were indeed the etiology of the sustained pain. The failure to establish a correct diagnosis with careful physical examination led to the prolonged pain, discomfort and loss of work to the patient. It could have been corrected had a proper diagnosis been made in the beginning. "Iililll Addr...: YDDt..t\ln Mt&c&1 Crot" 111 Eul2lOth Str", Bmu. Nnr York 10167-2190 1718192<>-5402 om.. 1049 FlI\hA"D\It Suitt 20 N,. y..t NY 10021 212-839-)161 '''.AA1.A''A r.. &"~D/D' &~Q ~U;.~ rAA ,~O 0.' ,.U, .unlnrlUKC UKULU~l IlIIUU! i .~ IIIONIIrIDIB IilEDIrAI. C!lIrEI TIle llIMrIillBarPtal fer 1M Albert EIDoIoII CoIIeto oIl1ed1dM IlUUTlll/lf or VIOI.OCT ~.:: LI1lI AINIT BIllmIN COIUaI or__ or _A IlIInDIm . , AIHOUJ IIEUWl.II.D. Prolaaar... Cblnla AIbaI EluIria CoIlrp" IIHidM 1Ioo....1IIdicaI CftIar j; ,... /1 ~ ~ j' . !?, iu" L: December 12, 1997 Nijo1e C. Olson Attorney. At Law 4503 Nonh Front Street Harrisburg, PA 17110-1708 ~l; ,: ~ ,. i' j~.- ~ " " !j t1 r~ ~ 1 .<~ II iJ ~1 '~ , Dear Ms. Olson: RE: Askins v. OweDll, M.D. This is to inform you that I have reviewed the deposition transcript and my opinion bas not changed. Very truly yours, MJ~"11 Arnold Melman, M.D. Professor and Chainnan AM:jm b:olson i r " "-' ,-. r:' , ,:1 ,g t-.l .~) . . _L_o-_ -.-- MlII......_FIIIlI1a _"'"'lot__ lJMlNrllOllb l1Ul1-1101r.. IlI41 rillll A""'.. s..tom ""' Twt. NY lDD21 211_1111 m-asl-allt ,.. ; :: ,. '.' IOSEPIIM. MEULLO 'WIRy ~ IlYNAN DAVID ~ LITTZ MlalA!1. E. KOSIK PAMElA O. SHUMAN R10lAID A. 5ADLOCK DAVIDS. WISNESKI Angino BRovner NUOU: C. OLSON MlCHAELl. NA VITSK Y DAWN I. lENNINOS lOSEPIIId. DORIA DUANE S. BARRICK JA/olES OIClrm usrno IN TIlE BEST LAWYERS -IN- AMERICA RJOlAR.O C. ANllINO NEIL I. ROVNER December 31, 1997 James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER 306 North Front Street P,O. Box 999 Harrisburg, PA 1710B-0999 Re: Askins v. Owens, et al Daar James: I have enclosed the reports and Curriculum Vitae of Arnold Melman, M,D., who I intend to cBII as en expert at the time of trial. Based upon review of the deposition transcripts, the racords of Drs. Boline and DeLeo and Dr. Melman's reports, I believe that we have a strong and convincing liability case against Dr. Owens, I anticipate calling Mr. Askins' subsequent traating physicians and medical residents who spotted his double hernias ecross the exam room to testify at trial. At this point I do not anticipate further discovery and would like to list the case for trial. If you plan on any further discovery please let me know so that we can make arrangements now with our schedules. At this point. and in an effort to try to resolve this cese short of trial, I would like to explore the possibility of settlement negotiations with you. I sat down with Neil Rovner and other members of the firm to discuss this case and asked for their opinions with rBgard to a damand. The demand ranged from $150,000 to $175,000. I have discussed this with Mr. Askins and he has agreed to accept my recommendation that we settle this case et this point in time for $155,000. We can both SBve ourselves trial preparation time and trial expBnses if we settle now. I appreciate your anticipated cooperation and look forward to discussing this matter with you at your convenience. ss FILE COpy 450~~ONT STREET. HARRISaURG. PA 17110.1/0B (71/) 238-ll791 FAX 1717) 238-5810 ~ ) :l ~ . t ~ ::I ~ n ( , ~ iii =4 'Tl . PRAECIPE tOR U:lII.l~u 1."\.)Co r'Vl<. 11\1..u. (Musl be typewritten' OUId submllled in duplicate) . . . . . 1 T() THE PROTHONOTARY!OF CU~[BERLAND COUNTY Pleiu. Un !h. fqUowlo1 WI: (Cb,ck onl) ( XX )' for ItiRY trial al Ill, OL'tl 111m of ciYil ~url. ( ) Cor lria1 w1ll1oul a jul)'. n \.0 ~ C CXl $ -or il ~s:J ;po ;;0 ~~ N r- 2:;~ \ l.J =2 '< -0 ~8 :J: q~ 5>c:- ~ (5 z (..) ~ ~ . CAPTION OF ~ASE (mme caption musI be suted !II fun) (check on.) GEORGE ASKINS, Plaintiff ( ) Assumpsil ( ) Trnpus ( ). Tmpau (~tolOr Vehicl.) (XX). MediCi11 Mrllnrar.tir.p . (oll\er) (pbinllfi') n. nte trial list will be called OQ R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC.. Defendants ADril 21, 199B ~. Trials cOlllllll!nce on Mav lB. 199B . . (OeCenlwn) Pre trials will be held on April 29 , 19!1B (Briefs are due 5 days before pre- trials. ) (nte party listing this case for trial shall provide forthwith a copy of the p,raecipe to all counsel, pursuant to \ local Rule 214-:1.) n. No. 97-3615 CIYi1 1~.L Illdlate lilt altornt}' ..-ho ..ill try am for lIIe ~t)' who' filo:s lh.is pratdp.: ANGINO & ROVNER, P.C. Ni iole C. Olson. Esnuirp. In 155287. 4503 North Front St H;\rr;c;hllr~ PA 17110 lAdI~te' trial coulUtl fCl Othel parlles If known: For Defendants: THOMAS. THOM1lS & HAFFR James j. Dodd-a, Esquire, 305 N. Front St.. P.O. Box 999. HarrisburQ. PA 1710R-OQ99 This Wlls nldy for Irbl -' Sllr.ed: Prinl Sun.: Dill: March 23. 1998 Allorn<)' for: Pl ai nt iff , to. Dr, George Boline, a urologist, on July 16, 1996, Upon evaluating Mr. Askins, Dr, Boline felt that the majority of Mr. Askins' symptoms were related to reducible inguinal hernias, rather than en epididymitis (acute or chronic), and referred Mr, Askins to a surgeon, Dr, Joanna DeLeo. Dr. DeLeo evaluated Mr, Askins on July 17. 1996. Upon physical examination. Dr. DeLeo noted it was Quite obvious that Mr. Askins had bilateral inguinal hernias for which he required immediate surgical repair, Dr. DeLeo was of the opinion that Plaintiff's inguinal hernias occurred one year previously, on July 21, 1995, as a result of his having lifted a heavy box at work, Dr, DeLeo repaired Plaintiff's bilateral hernias on July 22, 1996, and Mr. Askins' groin pain disappeared. The reports of Plaintiff's expert. Dr. Arnold Melman, Professor and Chairman of the Department of Urology at the Montefiore Medical Center, are attached hereto as Exhibits "A" and "B". Dr. Melman's Curriculum Vitae is attached as Exhibit "C", Dr, Melman will testify that Defendant Owens misdiagnosed Plaintiff's bilateral inguinal hernias and the one year delay in diagnosis and treatment caused Plaintiff's prolonged pain, discomfort and loss of work, II. STATEMENT OF DAMAGES Plaintiff George Askins has incurred in excess of $7B65,B3 in medical expenses in order to treat his injuries, In addition, Plaintiff suffered needlessly for approximately one year, having endured great inconvenience, embarrassment and humiliation, as well as loss of life's pleasures and enjoyment, Mr. Askins' constant groin pain prevented him from engaging in many activities and hobbies, including camping, home projects, motorcycle riding and other 2 . ... interests. Plaintiff lost time from work and was unable to perform various job duties and responsibilities during this year, os well. III. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES This is a straightforward medical negligence case that will involve basic issues of whether Defendant Owens failed to meet the appropriate standard of care required of a urologist in the diagnosis and treatment of Plaintiff George Askins, whether Defendant Owens' deviations from the standard of care were substantial factors in causing Plaintiff's injuries, and what damages Plaintiff is entitled to as a result of the Defendant's negligence, IV. LEGAL ISSUES This case does not involve any unusual legal issues, However, Plaintiff has addressed the issue of Defendant Owens' failure to produce an expert report and. simultaneously, a Rule 4019 Motion to Compel Any and All Defense Expert Reports for production by no later than April 30, 199B. Significantly, Plaintiff asked for any and all defense experts eight months ago by having filed Interrogatories requesting same on August 6, 1997. One month later, on September 30, 1997. defense counsel responded by stating that he had not yet selected experts, but would provide copies of any and all expert reports, To date, Plaintiff has received no exoert reoorts from the defense. Plaintiff produced his expert reports of Dr, Melman over four months ago, on December 31. 1997. At that time, defense counsel was asked to please provide copies of any and all defense expert reports in anticipation of the case being listed for trial. Defense counsel was also asked to please contact Plaintiff's counsel if he planned on any further discovery, so that 3 , the case may be listed for trial. Defense counsel was silent. Plaintiff's counsel received ill! exoert reoorts nor anv requests for further discoverv by the defense, Two months later, by letter dated February 20, 199B, Plaintiff's counsel, once again. reminded defense counsel to please provide her with his expert report(s) because it was her plan to list the case for trial. It was not until March 3. 1998, that defense counsel disclosed to Plaintiff's counsel that he sent the case out for review to an exoert. In his letter, Attorney Dodd-o suggested, for the first time. that he would like to conduct further discovery, specifically, he desired to depose Drs. Boline and Deleo, Plaintiff's subsequent treating physicians. On March 9,1998, Plaintiff's counsel's office procured dates of availability from both physicians and gave the dates to Mr. Dodd-o, Attorney Dodd-o, thereafter. issued Deposition Notices, having scheduled the depositions of Drs. Boline and Deleo for Wednesday, March 11, 199B. in their respective Harrisburg offices (See, defense counsel's Notices of Depositions attached COllectively hereto as Exhibit "D"). Attorney Dodd-o confirmed the depositions by letter dated March 10, 199B (attached hereto as Exhibit "E"). However,less than twenty-four hours before the depositions were to be conducted, Attorney Dodd-o unilaterally canceled the depositions he noticed. The reason offered was the unwillingness of his client to pay for the physicians' time (See, Attorney Dodd-o's fax of March 10, 199B, attached hereto as Exhibit "F"), Since Attorney Dodd-o had an opportunity to depose Drs. Boline and DeLeo, but chose to unilaterally cancel the depositions with less than twenty-four hours before they were to be conducted because of a billing dispute, Plaintiff's counsel advised Attorney Dodd.o by letter dated March 19. 199B. that she was proceeding with listing the case for trial and a Praecipe Listing the Case for Trial was filed on 4 ". , March 24, 1998 (~, copies of Plaintiff's March 19, 199B letter end Praecipe, atteched collectively hereto as Exhibit "G"), To date, Plaintiff's counsel has not received any defense expert reports. As anticipated, defense counsel asked for a continuance of the trial pending discovery depositions of Drs, Boline and/or DeLeo, The deposition of Dr. DeLeo has been scheduled by Attorney Dodd-o for May 7, which is only five working days prior to the trial. Significantly, Plaintiff's counsel has been advised by Dr, DeLeo's office that the doctor's billing schedule for the May 7, 1998 deposition will be identical to the billino schedule for the unilaterallv canceled deposition that was scheduled for March 11, 199B, Defense counsel had the opportunity to complete the depositions two months ago, in March, 199B, well in advance of the trial, but manipulated a delay until days before trial, expecting a continuance in so doing. V, WITNESSES 1. George Askins 2, Nancy Sunday 3. George B. Boline, Jr" M.D, 4, Joanna DeLeo, 0,0, 5, R. Scott Owens, M,D., as on cross-examination 6, Eugene Matter 7, Nick Sutovich 8. Francis X, Perna, M.D. 9, Paula J, Richard 10. Tammy Meashy 5 , 11. Alan Roumm, M.D, 12, F, J. Gallia, M,D. 13, Arnold Melman, M,O, (Plaintiff's expert) 14. Medical records custodians 15. All witnesses identified by the Defendant Pleintiff reserves the right to supplement this list in a timely fashion prior to trial. VI. EXHIBITS 1. Medical records from the following providers: a, Sanford and Roumm b, Mid-Penn Urology, Inc, c, Francis X, Perna, M,O, d, Holy Spirit Hospital e. Joanna DeLeo, 0,0, f, Community General Osteopathic Hospital g, George BolinB, Jr" M,O, h. Harrisburg Hospital i. Cumberland Apothecary j. Harrisburg Anesthesia 2. Medical bills from the aforesaid providers 3. Medical Bill Summary 6 , 4. Intraoperative laparoscopic photographs of PIBintiff's hBrnias teken by Dr. DeLeo during the hernia repair surgBry 5. Reports of Plaintiff's expert, Arnold Melman, M,D. 6. CV of Plaintiff's expert, Arnold Melman, M,D, 7. Anatomical models and diagrams B, Medical articles and textbooks Plaintiff reserves the right to supplement this list in a timely fashion prior to trial. VII, LENGTH OF TRIAL Two to three days, VIII. SETTLEMENT NEGOTIATIONS By letter dated December 31. 1997, Plaintiff attempted to resolve this case short of trial and suggested the possibility of settlement negotiations with Defendant Owens, At that time, Plaintiff demanded $155,000 as full and final settlement of Plaintiff's claims, Having received no response, Plaintiff followed up by letter dated February 20, 199B. reiterating Plaintiff's demand, To date. Defendant Owens has not engaged in any settlement discussions, IX, SPECIAL REQUESTS 1. Plaintiff requests that the parties stipulate to the authenticity of the medical records and medical bills so as to obviate the need for the testimony of records custodians, 2, Plaintiff requests a date certain for trial. as arrangements will have to be made for the medical eKpert to be prBsent for trial. 7 ~ ~ 3 ~ :J !! - a ~ ~ 2 - Curriculum Vitae. ARNOLD MELMAN, M.D. BIOGRAPHICAL Date of Birth: July 23, 1941 Place of Birth: Bronx. New York Nationality: U, S, Citizen Sex: Male Social Security No: 068-32-1280 Home Address: 23 Agnes Circle Ardsley, N,Y. 10502 (914) 693-1871 Wife: Lois Ann Children: Lisa, Saul and Rachel ACADEMIC STATE OF INDIANA # 25277 1974 James Monroe High School New York, New York The College of the City of New York New York, New York Academic Diploma B.S, 1962 The University of Rochester School of New York Rochester. New York M.D, 1966 MEDICAL LICENSURE NEW YORK STATE # 13956 1978 ST ATE OF CALIFORNIA # G 20336 1971 BOARD CERTIFICATION AMERICAN BOARD OF UROLOGY February 26, 1976 2 , Curriculum Vitae - ARNOLD MELMAN. M.D. Technion-Israel Institute of Technology The B, Rappaport Medical Sciences Center Bat-Galim, Haifa. ISRAEL 07/90 Stony Brook University Stony Brook, New York 05/92 Beilinson Medical Center Tel-Aviv University - Petah- Tiqva, ISRAEL 12193 St. Lawrence Urological Group Le Chateau Montebello. Quebec 02195 The Vth Annual McGill Urology Reserach Day Royal Victoria Hospital Montreal, Canada 04/95 SPECIFIC TEACHING RESPONSmlLITIES Urology Residents Montefiore Medical Center 1988 - Urology Residents Beth Israel Medical Center 1979 - 19B8 Medical Students Mount Sinai School of Medicine 1979 - 1988 Supervisor-Urology Dept Summer Fellowship Program Beth Israel Medical Center 1980 Supervisor-Urology Dept Summer Fellowship Program Beth Israel Medical Center 1981 Supervisor. Urology Dept Summer Fellowship Program Beth Israel Medical Center 1982 Supervisor. Urology Dept Summer Fellowship Program Beth Israel Medical Center 1983 Supervisor.Urology Dept Summer Fellowship Program Beth Israel Medical Center 1984-1985 8 , Curriculum Vitae - ARNOLD MELMAN, M.D, SOCIETY MEMBERSHIPS American Society of Nephrology American Federation For Clinical Research Society of University Urologists Southern Medical Association New York Section, American Urological Association American College of Surgeons American Urological Association International Society of Nephrology Urodynamics Society Sigma Xi Fellow New York Academy of Medicine American Association of Clinical Urologists International Society of Urology National Kidney Foundation American Association for the AdvlUIcement of Science New York State Urologic Association American Diabetes Association New York County Medical Association International Academy of Sex Research Society of Salk Scholars - Secretary Bronx Chapter of the American College of Surgeons EDITORSHIPS Associate Editor Sexuality and Disability 1980 - 1984 Editor Sexuality and Disability 1985 - 1989 Editorial Reviewer The Journal of Urology 1988 - 1990 Guest Editor Journal of Marital & Sex 1991 Therapy Guest Editor The Urologic Clinics ofImpotence November, 1995 North America Co-Editor International Journal ofImpotence 1993 - present Research Guest Editor Seminars in Urologic Oncology May, 1996 10 I Curriculum Vitae - ARNOLD MELMAN. M.D. OTHER APPOINTMENTS Program Director THE MANAGEMENT OF MALE SEXUAL DYSFUNCTION Post Graduate Course Beth Israel Medical Center Sponsored by The Page and William Black Post Graduate School of Medicine, CUNY 1979 Host ACM! UROLOGICAL RESIDENTS LECTURESHIP Beth Israel Medical Center 1981 Program Director THE ETIOLOGY. DIAGNOSIS AND MANAGEMENT OF KIDNEY STONES Beth Israel Medical Center Sponsored by The Page and William Black Post Graduate School of Medicine. CUNY 1981 Alternate New York Section AUA Research Committee 1981 Vice-Chainnan New York Section American Urological Association Valentine Essay Contest 1983 - 1985 Invited Panelist Fifth International Congress of Sexology Washington. D.C. 1983 Lecturer Eighth Annual Brookdale Medical Conference on Aging Brookdale Hospital Brooklyn. New York 1984 Chainnan Diabetes and Impotence World Impotence Seminar Paris. France 1984 11 .. Curriculum Vitae. ARNOLD MELMAN. M.D. 3. Regulation of fluid and electrolytes in the CBDL model of cirrhosis Veterans Administration Hospital October 1977 - October 1980 $ 162.970 - Three Years Tenninated January 1979 4. Effect of diabetes upon erectile impotence American Diabetes Association November 1979 - November 1980 $ 14,750 - One Year 5. Effect of diabetes upon erectile impotence American Diabetes Association July 1982 to July 1984 $17.121 - Two Years 6. Pharmacological Studies of Human Erectile Tissue Department of Health, Education & Welfare Public Health Service Funded ROl DK42027 3/01/89-2128/92 7. Pharmacological Studies of Human Erectile Tissue Department of Health, Education & Welfare Public Health Service Funded ROI DK42027 3/01/92-2128/02 15 Curriculum Vitae - ARNOLD MELMAN. M D. BIBLIOGRAPHY I. PEER REVIEWED JOURNALS I, Melman, A., Rosenbaum, R.: Histochemical correlates for difference in functional activity of kidneys with active and cold stored bats.(Myotis lucifugus), Anat. Rec. 145:401-412, 1963. 2, Rosenbaum, R. and Melman, A.: Cytochemical differences in kidneys from winter hibernating and aroused bats with particular to the Golgi Zone. J, Cell Biology 21:321-327, 1964 3. Melman, A, and Massry, S.: Studies of mechanism of impaired diuresis in dogs with liver disease secondary to bile duct obstruction. Surgical Forum 24:398-399, 1973 4. Melman, A: Experience with implantation of Small-Carrion penile prosthesis for organic impotence. J. Urology 116:49-50, 1976. 5. Melman, A., Donohue, 1.P., Weinberger, M., and Grim, C,: Improved diagnostic accuracy of renal venous renin ratios with stimulation of renin release. J. Urology 117: 145-149, 1977. 6. Lavelle, K., Melman. A. and Cleary, R.: Ureteral obstruction due to endometriosis reversal with synthetic progestin. 1. Urology 116:665-666, 1976. 7. Melman, A., Grim, C, and Weinberger, M,: Increased incidence of hypertension in patients with renal cell carcinoma. 1. Urology 118:531-532,1977. 8, Melman, A. and Massry, S.: Role of renal vasodilatation in the blunted natriuresis of saline infusion in dogs with chronic bile duct obstruction. J. Lab. Clin. Med. 89: 1053-1065, 1977. 9. Ehrlich, R.M., Melman. A. and Skinner, D.G.: The use of vesicopsoas hitch in urologic surgery. 1. Urology 119:322-325, 1978. 10, Lehmer, L., and Melman, A.: The non-association of hyper-amyl asemia and prostatic pathology. Urology 23 :461-462, 1978 II. Melman, A., Lavelle, K. and Ludwig, 1.: Bilateral renal loss resulting from intravesical formalin instillation. Southern Medical Journal 71 : II 52-1154, 1978. 12. Melman, A.: The effects of the Angiotensin II antagonist, Saralasin, upon renal function in CBDL dogs. J. Surg. Res. 24:277-283, 1978. 13. Melman, A.: The diagnosis and therapy of impotence associated with diabetes. Sexuality and Disability 1:52-58, 1978. 16 CurrlculumVitae - ARNOLD MELMAN, M,D. 14. Driscoll, D.J., Palmer, C, and Melman. A.: Evidence of ectopic pairing in man, Cytogenetics and Cell Genetics 23:23-32, 1979, IS. Melman, A, and Holland, T.F,: Evaluation of the dennal graft technique for the surgical treatment ofPeyronie's Disease. 1. Urology 120:421-422, 1978. 16. Melman, A.: Development of contemporary surgical management for erectile impotence. Sexuality and Disability 1:272-281, 1978, 17. Melman, A. and Hammond. G.: Placement of the Small-Carrion penile prosthesis to enable m~ntenance of an exdwelling condom catheter, Sexuality and Disability 292-297, 1978, 18. Melman, A.. Henry, D.P, and Felten, D,L.: Catecholamine content of the penile corpora in patients with diabetes associated impotence. Surgical Forum 29:634-636, 1978. 19. Melman, A. and Henry, D.P.: The possible role of the catecholamine of the corporal bodies in penile erection. J, Urology 121:419-421, 1979, 20. Cutshall, W, and Melman, A.: Non-parathormone, humorally induced hypercalcemia with transitional cell carcinoma. Southern Medical Journal 72:741-742, 1979. 21. Melman, A., Henry, D.P., Felten, D.L. and O'Connor, B.: The effect of diabetes mellitus upon the sympathetic nerves of the penile corpora in patients with erectile impotence. Southern Medical Joumal73:307-309, 1980. 22. Melman, A., Henry, D.P., Felton, D,L. and O'Connor, B.: Alteration of the nerves of the penile corpora in patients with erectile impotence. Investigative Urology 17:474-477, 1980. 23. Melman, A. and Szwed, J,: Effect of intravenous mannitol on renal hemodynamics and reilal lymph recovery during acute ureteral obstruction. Investigative Urology 18:2 I -21, 1980, 24. Melman, A., Driscoll, 0.1., Perez, 1.M.. Leiter, E. and Palmer, C.G,: Testes tumor in a patient with persistent muellerian duct syndrome despite neonatal orchidopexy. 1. Urology 125:856-858, 1981. 25. Melman, A., Bressler, R.S., Henry, D.P, and MacAdoo, V.K.: Ultrastructure of human penile erectile tissue in patients with abnonnal norepinephrine content. Investigative UrologyI9:46-50, 1981. 26. Khan, Z.,Hertanu. 1., Yanr" W.C" Melman, A. and Leiter, E.: Predictive correlation of urodynarnic dysfunction and brain injury after cerebrovascular accident. J, Urology 126:86-88, 1981. 17 , Curriculum Vitae - ARNOLD MELMAN. M.D. 27. Khan, Z. and Melman, A: Use of the evoked sacral potential in the diagnosis of male impotence. Sexuality and Disability 4: 105-107, 1981. 28, Melman, A and Redfield, J,: Evaluation of the DSFI as a test of organic impotence. Sexuality and Disability 4:108-114, 1981. 29, Sachs. B.D., Baum, MJ. and Melman, A: Nonnal sexual behavior and penile reflexes in long- term Diabetic male rats, Archive of Androl. 9:351-353,1982, 30, Gurin, n, Garcia, R.L, Melman, A, Leiter, E.: The Pathologic Effect of Ureteral Ligation, with Clinical Implication, 1. Urology 128:1404-1406,1982. 31, Melman, A: Effect or propranolol on sexual function in male mts, Surgical Forum, 33:621- 623,1982. 32, Melman, A: Evaluation ofthe first two hundred patients in the Center for Male Sexual Dysfunction of Beth Israel Medical Center, Proceedings International Societe - D'Urologie, 19:102-103, 1982, 33. Melman, A and Frye, S,: Evoked sacral potentials in the evaluation of impotence. Neurourology & Urodynamics. 2:295-300, 1983, 34. Melman, A.: Common disorders that may effect sexual function in women. Sexuality & Disability. 6:69-71,1983. 35, Melman, A, Libin, B.S., Tendler, C., B.S.: The effect of chronic alpha-methyldopa upon sexual function in the adult male nl. Investigative Urology, 129:643-645, 1983, 36. Felton, D,L" Felten, S.Y., Melman, A: Noradrenergic inner-vation of the penis in control and streptozotocin - diabetic rats: evidence of autonomic neuropathy. Anal. Record, 206:49-59. 1983. 37. Melman, A.: The Effects of Yohimbine upon sexual function in male rats. Surgical Forum, 34:664-666, 1983, 38. Melman, A.: The interaction of urinary tract infection and sexual intercourse in woman. Sexuality and Disability, 6:93-98, 1983. 39. Melman, A.: Evaluation of The First Seventy Patients in the Center for Male Dysfunction of Beth Israel Medical Center. 1. Ural., 131 :53-55, 1984. 18 .' Curriculum Vitae - ARNOLD MELMAN. M.D. 40. Melman, A., Fersel. J, and Weinstein. D,: Further studies on the effect of chronic a1phamethyldopa administration upon the central nervous system and sexual function in male rats, 1. Urol., 132:804-808. 1984. 41. Lief, M., Khan, Z" Leiter, E, and Melman, A.: Possible errors in urollowmetry, Neurourology and Urodynamics. 3: 179-183,1984, 42. Tiefer, L, and Melman, A.: Interview of wives: A necessary adjunct in the evaluation of impotence. Sexuality and Disability, 6:167-175,1985. 43, Frye. S., Melman, A: Urinary tract infection in the elderly. Consultant 25:51-63, 1986. 44. Melman, A.: Male Sexual Dysfunction: Part I,: Office Evaluation That Identified the Problem's Source. Consultant. 26:72-81, 1986, 45. Melman, A.: Male Sexual Dysfunction: Part II,: Office Management that Leads to Restored Function. Consultant. 27:56-71, 1987, 46. Tiefer, L. and Melman, A: Adherence to Recommendations and Improvement over Time in Men with Erectile Dysfunction Evaluated in a Urology Department. Archives of Sexual Behavior 16:301-309, 1987, 47, Melman, A., Tiefer, L., Pedersen, R.: Evaluation of the first 406 patients in a Urology Department based center for Male Sexual Dysfunction. Urology 328:6-10, 1988. 48. Newman, H., Melman. A: Impotence Testing and Age. Sexuality & Disability 8: 175-189, 1987, 49. Pedersen, B., Tiefer, L., Ruiz, M. and Melman, A.: Evaluation of Patients and Partner One to Four Years Following Penile Prosthesis Surgery, J. Urology 139:956-958, 1988. 50. Pedersen, B., Mieza, M" and Melman, A.: Instability and Rotation of Silver Silicone Penile Prosthesis. Urology 31:116-118,1988. 51. Tiefer, L., Pedersen, B., and Melman, A: Psychosocial Follow- up of Penile Prosthesis Implant Patients and Partners. Journal of Sex & Marital Therapy 14:184-201,1988. 52. Melman, A.: The Evaluation of Erectile Dysfunction. Urology Radiology 10: 119-128, 1988. 53. Christ, 1., Valcic, M., Melman, A.: Kinetic Studies of Contraction in Human Erectile Tissue (HET) and Rabbit Aortic Rings in Vitro: Modulation by Papaverine and the Dihyropyridine Analog Nifedipine. International Journal ofImpotence Research 1:1-10, 1989, 54, Stone, B., Melman, A: Manaiement of Sexual and Bladder Dysfunction in Multiple Sclerosis Journal of Neurologic RehabilitatiQll. 1:1.67-175. 1989, 19 Curriculum Vitae - ARNOLD MELMAN. M.D. 55, Hwang, T,. Pomars, S., and Melman, A:The Pulse Volume Plethysmography: The Important Factors of Wave form in Arteriogenic Impotence. Journal of Korean Andrological Society 7: 123- 129,1989 56. Melman. A" Haberman, 1.: Current Concepts on the Physiology of Erections and Pathophysiology of Erectile Dysfunction. Seminars in Interventional Radiology 6: 189-197,1989, 57, Stein, M., Tiefer. L" and Melman. A.: Follow-up observations of operated male-to-female transsexuals, J, Urol. 143: 1188-1192. 1990, 58. Christ. G" Maayani, S.. Valcic, M. and Melman, A,: Pharmacological Studies in Isolated Human Erectile Tissue (HET) Characteristics of Spontaneous Contractions and Alterations in alpha- Adrenergic Responsiveness with Age and Disease. British Journal of Pharmacology 101:375- 381,1990. 59. Rossman,B., Mieza,M., and Melman, A: Penile vein ligation for corporeal incompetence: an evaluation of short-term and long-term results. 1. Urology 144:679-682,1990. 60. Bhargavs, G., Valcic. M., Melman, A: Human Corpora Caversosa Smooth Muscle Cells in Culture: Influence of Catho:cholamines and Prostaglandins on cAMP Formation. Int. 1. Impotence Res. 2: Supplement 2,35-36, 1990 61. Christ, GJ., Stone, B.A., Melman. A: Age-dependent Variations in the Affinity and Efficacy of Phenylephrine-induced Contractions Mediated by Activation of the Alpha 1-Adrenoceptor in Insolated Human Erectile Tissue, Int. 1. Impotence Res. 2: Suppl 2, 37-38, 1990 62. Moreno, A,P" Campos de Carvalho. AC., Christ, GJ., Melman, A, Herzberg, E.L., Spray, D,C,: Gap Junctions between Human Corpus Cavernosum Smooth Muscle Cells in Primary Culture: Electrophysiological and Biochemical Characteristics, Int. 1. Res, 2, Suppl2: 55-56, 1990 63. Haberman,1.,Karwa,G.,Greenstein,S.M.,Soberman,R.,Glicklich,D" Tellis, V. and Melman. A: Male Fertility in Cyclosporine-Treated Renal Transplant Patients. J. Urology 145:294-296,1991 64. Christ, G., Stone, 8., Melman, A: Age-dependent alterations in the efficacy of phenylephrine- induced contractions in vascular smooth muscle isolated from the corpus cavernosurn of impotent men. Canadian J. Physiology Pharmacology 69:909-913,1991 65. Tiefer, L" Moss, S., Melman, A: Follow-up ofpatienls and partners experiencing penile prosthesis malfunction and corrective surgery. 1. Sex & Marital Therapy 17: 113-128.1991 66. Pomars, S., Hwang, Tae Kon., Melman, A.: Perdita Di Sensibilita' Esteroceltiva Peniena in Rapporto AlI'Eta' Al Diabele E Alia Sua Durats, In Pazienti Con Distrubi Erellili. Aula Medica: vol IV, 3:329-339,1991 20 Curriculum Vitae - ARNOLD MELMAN. M.D. 67. Christ, I.C., Moreno, A, Parker, M.E., Gondre, C.M., Valcic, M., Melman, A., Spray, D.C.: Intercellular communication through gap junctions: A potentional role in pharmacomechanical coupling and syncytial tissue contraction in vascular smooth muscle isolated from the human corpus cavemosum. Life Sci., 49:PL-195-200, 1991. 68. Christ, G.1., Schwartz, C.B., Stone, B.A., Parker, M.,lanis, M., Gondre, M., Valcic, M., Melman, A.: Kinetic characteristics of ai-adrenergic contractions in human corpus cavernosum smooth muscle. Am 1. Physiol. 263:HI5-HI9, 1992. 69. Luangkhot, R., Rutchik, S., Agarwal, V., Puglia, K., Bhargava, G., Melman, A.: Collagen alterations in corpus cavernosum of men with sexual dysfunction. 1. Urology 148:467-471, 1992 70. Christ, G.1., Spray, D.C., Melman, A, Moreno, A.P. Connexin43-mediated intercellular diffusion of calcium ions between coupled human corporal vascular smooth muscle cells in culture. Am.1. Phys.263:C373-383,1992 71. Schwartz, C.B., Bekirov, H., Melman, A,: Urothelial tumors of upper tract following treatment of primary bladder transitional cell carcinoma. Urology 40:509-51 I, 1992. 72. Christ, G.1., Moreno., AP., Gondre, M.D., Roy, c., Campos de Carvalho, AC., Melman, A., Spray, C.D.: Gap lunctions in Human Corpus Cavemosum Vascular Smooth Muscle: A test of functional significance. In Gap lunctions, I.E. Hall, G.A. Zampighi, R.M. Davis, Eds; Progress in Cell Research, Vol. 3, Elsevier, Amsterdam, p.201-207, 1993 73. Melman, A, Ricciardi, R.:The Success of Microsurgical Penile Revascularization in Treating Arteriogenic Impotence. Int. 1. Impotence Research, 5:47-52, 1993 74. Christ, G.1., Brink, P.R., Melman, A, Spray, D.C.:The Role of Gap lunctions and Ion Channels in the Moducation of Electrical and Chemical Signals in Human Corpus Cavernosum Smooth Muscle. In!. 1. Impotence Research 5:77.1JfJ, 1993 75. Campos de Carvalho, A.C., Moreno, A.P., Christ, G.1., Bhargava, G., Melman, A., Hertzberg, E.L., Spray, D.C.:Gap lunctions formed ofConnexin43 Interconnect Smooth Muscle Cells of the Human Corpus Cavemosum.l. Urology, 149:1568-1575, 1993 76. Haleem,AS., Bohm, F., Legatt, AD., Kantrowitz, A, Bone, B.A, Melman, A.:Sacral Room Stimulation for Controlled Dyssynergia Micturition: Prevention of Detrusor-External Sphinceter Dyssynergia by Intra-operative Identification and Selective Section of Sacral Nerve Branches. 1. Urology, 149:1607-1612, 1993 77. Campos de Carvalho, AC., Moreno, A.P., Christ, GJ., Bhargava, G., Melman, A, Roy, C., Hertzberg, E.L., Spray, D.C.: lunctional communication between vascular smooth muscle cells (human corpus cavernosum) in culture: Electrophysiological cl,aracterization. Am. 1. Physiol. 264:C80-C92, 1993 21 Curriculdm Vitae - ARNOLD MELMAN. M.D 78. Moreno, A.P., Campos deCarvalho, A.C., Christ, G., Melman, A, Spray, D.C.: Gap junctions ween human corpus cavernosum smooth muscle cells: Gating properties and unitary conductance. Am. I. Physiol. 264:C80-92, 1993 79. Taub, H.C., Lerner, S.E., Melman, A., Christ, G.1.: Relationship between contraction and relaxation in human and rabbit corpus cavernosum. Urology 42:698-704, 1993 80. Melman, A, Gladshteyn, M., Stifelman, M.: Laparoscopic lymph node dissection in combination with radical perineal prostatectomy: an approach for the treatment of prostatic carcinoma. Progres en Urologie 3:197-204,1993. 81. Lerner, S.E., Fleischmann, I.D., Taub, H.C., Chamberlin, I.w., Kahan, N.Z., Melman, A: Combined Laparoscopic Pelvic Lymph Node Dissection and Modified Belt Radical Perineal Prostatectomy for Localized Prostatic Adenocarcinoma. Urology 43 :493-498. 1994 82. Palmer, L.S., Valcic, M., Melman, A., Giraldi, AM., Wagner, G., Christ, G.1.: Characterization of Cyclic AMP Accumulation in Cultured Human Corpus Cavernosum Smooth Muscle Cells. J. Urology 152:1308-1314,1994 83. Valdevenito, R., Melman, A.:Intracavernous self-injection Pharmacotherapy Program of Results and Complication. In!. J. Imp. Res. 6:81-91,1994 84. Kretuzer, E.R., Lerner, S.E., Kahan, N.Z., Melman, A:Laparoscopic Treatment of Small Bowel Obstruction Following Lymphadenectomy. Urology 44-5:768-770, 1994 85. Zuckier, L.S., Korupolu, G.R., Gladshteyn, M., Sattenberg,R., Goldstein, R., Ricciardi, R., Goodwin, P., Melman, A, Blaufox, M.D.:A Non-Imaging Scintillation Probe for Measurement of Penile Hemodynamics. The J. Nuclear Medicine 36:2345-2351, 1995 86. Benet, AE., Sharaby, I.S., Melman, A.: Male Erectile Dysfunction Assessment and Treatment Options. Comprehensive Therapy; 20:669-673, 1994 87. Fan,S.F., Brink, P.R., MelMan, A., Christ, G.1.:An Analysis of Maxi-K + (K.J Channel in Cultured Human Corporal Smooth Muscle Cells. The I. Urology, 153:818-825, 1995 88. Khan, G.A, Melman, A., Bank, N.: Renal Involvement in Neurocutaneous Syndromes. I. of the Amer. Society Nephrology; 5:1411-1417,1995 89. Christ,I.C., Lerner, S.E., Melman, A., Kim, D.C.: Endothelin-I as a Putative Modulator of Erectile Dysfunction: I. Characteristics of Contraction ofIsolated Corporal Tissue Strips. I. Urology; 1 53: 1 998-2003, 1995 90. Ivanovic, V., Melman, A., Davis-loseph, B., Valcic, M., Geliebter, J.:Elevated Plasma Levels of Transforming Growth Factor-B 1 in Patients with Invasive Prostate Cancer. Nature Medicine; 1 :282-284, 1995 22 " Curriculum Vitae - ARNOLD MELMAN. M,D. 91. Davis-Jospeh, B., Tiefer, L., Melman, A.:Accuracy of the Initial History and Physical Examination to Establish the Etiology of Erectile Dysfunction. Urology 45:498-502, 1995 92. Schuetz-Mueller, D., Tiefer, L., Melman, A.:Follow-up of Vacuum and Non-Vacuum Constriction Devices as Treatments for Erectile Dysfunction. J. Marital Sex Therapy 21:229-238, 1995 93. Melman, A.: An Intermediate Approach to Impotence Evaluation. Contemporary Urology, 7:14- 21,1995 94. Bar-on, E., Weiss, D.B., Melman, A :Erythrocytospermia: The Effect on Sperm Motility. Israeli J. Obstel. Gynecol. 6:104-108, 1995 95. Christ, G.1., Kim, D.C., Taub, H.C., Gondre, C.M., Melman, A.:Characterization of Nitroglycerine-induce Relaxation in Human Corpus Cavernosum Smooth Muscle: Implications to Erectile Physiology and Dysfunction. Can. I. Physiol. Pharmacol. 73: 1714-1726, 1995 96. Benet, AE., Melman, A:The epidemiology of Erectile Dysfunction. The UrolOlzic North America 22:699-710,1995 97. Sharaby,I.S., Benet, A.E., Melman, A.:Penile Revascularization. The Urologic Clinics of North America 22:821-832, 1995 98. Autieri, M.V., Melman, A, Christ, G.1.,: Identification ofa down-regulated mRNA transcript in corpus cavernosum from diabetic patients with erectile dysfunction. Internationallournal of Impotence Research 8:69-73, 1996. 99. Tsai, H., Werber, I., Davia, M.O., Edelman, M., Tanaka, K.E., Melman, A: Reduced Connexin 43 Expression in High Grade, Human Prostatic Adenocarcinoma Cells. Biochemical and Biophysical Research Communications (In Press) 100. Rehman, 1., Benet, A., Melman, A, :Arteriogenic Erectile Dysfunction: Evaluation and Treatment Mediguide to Urology. 8: 1-7, 1996 101. Kahan, D., Melman, A, Valcic, Christ, G.,: Forskolin: A Promosing New Adjunct to Intracavernous Pharmacotheraphy.I. Urol., 155:1789-1794, 1996. 102. Benet, A., Rehman, I., Melman,A, :The Medical Treatment of Erectile Dysfunction Drugs ofToday. 32:483-499, I 996 23 , Curriculum Vitae - ARNOLD MELMAN. M,D. II.NON PEER REVIEWED JOURNALS I. Melman, A.: Psychosexual reactions to common urologic problems. Medical Aspects of Human Sexuality, 16:118-126,1982. 2. Melman, A and Frye, S.: Priapism. Medical Aspects of Human Sexuality, 18:234-238, 1984. 3. Melman, A.: Sexual intercourse: A forerunner of female urinary tract infections. Medical Aspects of Human Sexuality, 18:186-192, 1984. 4. Melman, A., Lue, T.F., Lewis, R.W., Montague, D.K.:Vasoactive Drugs in the Workup of Impotence. Contemporary Urology, 4:31-44, 1992. III. BOOK CHAPTERS 1. Melman, A: Morphological Changes of the Little Brown Bat Thyroid Gland Correlated with Neurosecretory Hypothalamic and Hypophyseal Seasonal Alterations. CCNY Honors Report 1962. 2. Rosenbaum, R., Melman, A., Sobel, H.: Normal Seasonal and Experimentally Induced Changes in Kidneys of Active Summer and Hibernating Winter Bats: Histochemical and Electron Microscopic Observations. Mammalian Hibernation III. ed. KC. Fischer, AR. Dawe, C.P. Lyman, E. Schonbaum, F. E. South, Jr., Oliver & Boyd Ltd. 1962. 3. Melman, A.: Practical Evaluation of Renal Function. AUA Courses in UrololZV. Vol. 1. eds. W. Bonney, W.L. Weems, J.P. Donohue, Williams & Wilkins, Baltimore 1979. 4. Melman, A: Treatment ofImpotence Secondary to Diabetes. Treatment ofimpotence Secondary to Priapism. Current Urologic Therapy. ed. U. Kaufinan, W.B. Saunders Co., Philadelphia 1980. 5. Melman, A.: Surgical Management ofImpotence. Human Sexualitv and Rehabilitation Medicine, ed. Ami Sha'Ked, Williams and Wilkens, BaltimoreILondon, 1981. 6. Melman, A., Tiefer, E.: Urologic Evaluation of Erectile Function. The Evaluation of Sexual Disorders: Medical and PsvchololZical ASDects, ed. H.S. Kaplan, 1983. 7. Melman, A: Catecholamine Levels in Penile Corpora. Male Sexual Dysfunction, eds. R. Krane, M. Siroky and I. Goldstein, Little, Brown and Co" Boston, ] 983. 8. Melman, A.: Overview: Semi-rigid Penile Prosthesis, Current ODerative UrololZV. eds. E. Leiter and E,D. Whitehead, Williams and Wilkens, BahimoreILondon, ]984. 9. Melman, A,: (I) Peyronie's Disease. (2) ~rllffl. ....I~ and Psychogenic, (3) Retrograde Ejaculation, (4) Priapism. Urological Decision Ma"~ ..' M, Resnick, A. Caldamone and J.P. Spirnak, B.C. Decker Inc" Burlington, Ontario, 1985. 24 Curriculllln Vitae - ARNOLD MELMAN. M.D. 10. Melman, A.: Urology. Medical Complications ofOuadriplesia. ed. Peter Berkzeller, Year Book Medical, Chicago, I1!inois. 1986. II. Melman, A.: Iatrogenic Causes of Erectile Dysfunction. Urologic Clinics of North America. W.B. Saunders, Philadelphia, PA ]988, pp.33-39. ]2. Melman, A.: Male Sexual Dysfunction CausinlZ Infertility. Current Therapy ofInfertility-3 eds. Amelar, R. and Dubin, L. B.C. Decker, Philadelphia, PA 1988. 13. Me]man, A.: Evaluation and ManalZement of Erectile Dysfunction. Surgical Clinics of North America. 68:965-981,1988. W.B.Saunders, Philadelphia, PA. 14. Melman, A.: Infonctions Sexuelle Et ReDroductrice Du Diabetiquie Diabete Et Neurutransmission Intraenienne. In progress en Andrologie 2 ed 1. Buvat, M. Brosdowsky. pp.65-73, 1989. 15. Tiefer, L., and Melman A.: Comprehensive Evaluation of Erectile Dysfunction and Medical Treatments.pgs.209-234. in, Principles and Practice of Sex Therapy. eds. Sandra R. Leiblum and Raymond C. Rosen. Guilford Press,New York ]989. ]6. Melman, A.: Diabetes and Impotence. Common Problems In Infertilitv and Impotence. cds. lacob Rajfer. ]990 pgs. 376-380. 17. Melman, A., Tiefer, L.: Neural and Vascular Control of Erection in, Erectile Failure: A comprehensive Handbook eds. Raymond C. Rosen and Sandra R. Leiblum. Guilford Press, 1991 18. Melman, A.: Current Surgical Approaches.in, Erectile Failure: A comprehensive Handbook. eds. Raymond C. Rosen and Sandra R. Leiblum. Guilford Press, New York. ]991 19. Melman, A.: Peyronie's disease, evaluation of impotence, retrograde ejaculation, priapism, in Decision making in Urology, 2nd Edition eds. Resnick, Caldamone, Spirnak, B. C. Decker Phil. ]991 20. Melman, A., Tiefer, L.: Surgery for Erectile Disorders: Operative Procedures and Psychological Issues. Erectile Disorders: Assessment and Treatment. eds Raymond C. Rosen and Sandra E. Leiblum. Guilford Press, New York. 1992 21. Melman, A.: Neural and Vascular Control of Erection. Erectile Disorders: Assessment and treatment. eds Raymond C. Rosen and Sandra E. Leiblum. Guilford Press, New York. ]992 22, Melman, A.:Surgery ofImpotence. SurlZical ManalZement of Urologic Disease Approach eds M.1, Droller, M.D., Mosby Year Book, St. Louis, MO, 1992 23, Melman, A.:The Urologic Treatment of Male Sexual Dysfunction. Current Critical Problems in Vascular Surgerv Volume 4 eds. F.1, Veith, M.D" Quality Medical Publishing, Inc" St.Louis, MO, 1992 24. Hirsch, M" Melman, A: The Penis Overview of Evaluation of Impotence. Eds Aizid I. Hashmat, 25 M.D., and Sakti Das, Mt....S, Lea & Febiger. Philadelphia - Lona"., 1993 , . Curriculum Vitae - ARNOLD MELMAN. MD. 25. Melman, A., Christ, G.1., Hirsch, M.S.: Impotence: Diagnosis and Management of Erectile Dysfunction. Anatomv and PhysiololZV of the Penis. eds AH. Bennett, M.D., FACS. W.B. Saunders & Co. 1994 26. Melman, A., Gladshteyn, M.: Erectile Dysfunction: Causes and Therapeutic Considerations. Vascular SurgeI)'. Theorv and Practice Eds. AD.Callow, M.D., Ph.D., C.B. Ernst, M.D., Appleton & Lange 1995 27. Melman, A, Christ, G., : The Hemodynamics of Erection and the Pharmacotherapy of Erectile Dysfunction. Cardiovascular Therapeutics. McGraw-Hili: FrishmanlSonnenblick IV. ABSTRACTS 1. Melman, A.: Cytochemical changes and kidney function in normal and cold-stored summer bats. American Zoologist, 2:123, 1962. 2. Rosenbaum, R., Melman, A., Sobel, H.: Normal seasvnal and ex- peri mentally induced changes in kidneys of summer and winter hibernating bats. (Myotis lucifugus): Cytochemical on electron microscopic observations. Cryobiology, 2:89, 1965. 3. Melman, A., Arieff, A, Massry, S.: Effects of intra renal acetylcholine on renal solute and osmolality. Clinical Research 21 :284, 1973. 4. Massry, S. and Melman, A: Evidence ofa decrease in water ;>ermeability in the collecting duct by Bradykinin. Clinical Research, 22:237, 1974. 5. Melman, A. and Weinberger, M.: Alterations of the renin-angiotensin system in bile duct ligated dogs on varied sodium diets. Clinical Research 24:407, 1976. 6. Melman, A and Robertson, G.: Alteration of osmotic threshold for vasopressin release in chronic bile duct ligated dogs. Clinical Research 25:139A, 1977. 7. Melman, A: The Diagnosis and Therapy ofImpotence Associates with Diabetes. Sexuality and Disability, 1 :52-56, 1978. 8. Driscoll, D.1., Palmer, C.G., Schwartz, S., Melman, A., Goll, L.1., Donohue, M.P. and Grosden, 1.R.: Non-homologous associations in human meiotic prophase. American 1. Human Genetics 30:79A, 1980. 9. Melman, A and Henry, D,P.: The effect of diabetes mellitus upon Norepinephrine and Choline Acetyltransferase content of the penile corpora in man. Clinical Research 28:263A, ]980. 10. Kahn, Z., Hertanu, 1., Melman, A and ~er. E,: .edictive correlation ofurodynamic dysfunction and brain injury after cerebral vascular accidenl. 1. Urol. 75:128,1980. 26 CiJrriculu'm Vitae - ARNOLD MELMAN. M.D. 11. Melman, A., Bressler, R.S., Henry, D.P. and MacAdoo, V.: Correlation of ultrastructure and Norepinephrine content of erectile tissue of potent and impotent men. American Urological Association 75: 154, 1980. 12. Kahn, Z., Lief, M., Mieza, M., Melman, A. and Leiter, E.: Gross inherent error in uroflowmetry performed after cystometry. Its comparison with natural voiding - an important comparison. American Urological Association 76:14&, 1981. 13. Khan, Z., Melman, A. and Leiter, E.: A new clinical test for the measurement of penile hardness. 1. Urology 127:190, 1981. ]4. Melman, A, Redfield, J., Fisher, C. and Millstein, D.I.: Evaluation of the Derogates Sexual Functioning Inventory as a discriminator of organic or psychogenic impotence. 1. Urology 127:191, 1981. 15. Melman, A.: The effect of calcium upon the dose-tension response of human erectile tissue to norepinephrine and histamine. J. Urology, 127:192, 1981. ]6. Bhanot, S.C.; Millstein, D.I., Melman, A and Leiter, E.: The role ofCT scanning in the management of renal trauma. 1. Urology, 127:243, ]981. 17. Melman, A.: Penile sympathetic nerves of patients with diabetes. 5th World Congress of Sexology, Jerusalem, Israel, Pg. 165, June 1981. ]8. Melman, A, Libin, M., Tendler, C. and Valcic, M.: The effect of chronic alpha-methyldopa upon sexual function in the male rat. 1. Urology, 127:131, 1982. 19. Melman, A., Kaplan, D. and Redfield, 1.: An analysis of the first seventy patients in a Center for Male Sexual Dysfunction. 1. Urology, 127:458, ]982. 20. Melman, A, Bressler, R.S., Sachs, B. and Baum, M,D.: The effect ofStreptozocin-induced diabetes upon the penile corpora of adult male rats. 1. Urology 127:548, 1982. 21. Melman, A, Kaplan, D.: Evaluation of the first 200 patients in the Center for Male Sexual Dysfunction. 19th Congress Societe Internationale D'Urologie. San Francisco, California, pp, 102- 103, September 1982, 22, Melman, A.: Effect of propranolol on sexual function in male rats. Submitted American College of Surgeons - Surgical Forum, Chicago, Illinois, October 1982. 23. Mieza, M., Melman, A.: Venous Drainage in Impotent Males. Submitted Eighty First Annual Meeting New York Section of the American Urological Association, September 1983. 24. Melman, A: The InteractiOD~lJrinary Tract Infection and Sexual Intercourse in Women. Sexuality and Disability, 6:93-93, 1983 27 Curriculum Vitae - ARNOLD MELMAN. M.D. 25. Melman, A. and Mieza, M.: Diagnosis and management of abnormal venous drainage as a cause of erectile dysfunction. J. Urology, ]29:264, 1983. 26. Melman, A., Fersel, 1. and Weinstein, P.: The effect of chronic alpha methyldopa administration upon the central nervous system and sexual function in male rats. 1. Urology, 129:269, 1983. 27. Frye, S. and Melman, A.: prognostic values of evoked sacral potentials in impotence. J. Urology, 129:889, ] 983. 28. Tiefer, L., and Melman, A.: Interview of wives: a necessary adjunct in the evaluation of impotence. I. Urology, 131 :511, 1984. 29. Melman, A. and Mieza, M.: Current status of the diagnosis and treatment of abnormal venous drainage as a cause of erectile failure. J. Urology, 13 I :791, 1984. 30. Melman, A., Kaplan, D. and Tiefer, L.: New approaches in the evaluation ofimpotence: results obtained from 400 patients. 1. Urology, 13]:792, 1984. 31. Melman, A: The effects of yohimbine upon sexual dysfunction: a double-blind study. 1. Urology, 131:793, 1984. 32. Melman, A: Diagnostic value of plasma catecholamines in patients with erectile impotence. 1. Urology, ]33:187A,11985. 33. Melman, A, Gordon, G. and Warner, T.: Evaluation of sexual dysfunction in men with severe chronic alcoholism. J. Urology, 133: 187A, 1985. 34. Melman, A, and Ruiz, M.: Dose response ofalpha methyldopa on sexual function in normal tensive male rats. 1. Urology, 133:219A, ]985. 35. Tiefer, L., Melman, A: Follow-up of men with erectile dysfunction evaluated in a urology department. 1. Urology, 133:327A, 1985. 36. Melman, A and Maayani, S.: Alpha-I-adrenergic receptor mediated contraction of diabetic human erectile tissue in vitro. American Diabetes Association, 1985. 37. Tiefer, L. and Melman, A: Type A (Coronary Prone) Behavior and Erectile Dysfunction. 1. Urology 135:308A, 1986. 38. Melman, A, Maayani, S. and Schwartzman, M.: Prostaglandin Synthesis as a Putative Biochemical Correlate of Spontaneous Oscillation in the Isolated Human Penile Erectile Tissue. 1. Urology, 135:361A, 1986. 39. Melman, A, Valcic, M., and Miller, L: 6ignificance of VIP Content in Erectile Tissue of Impotent Men. I. Urology, 137:378A, ]987, 28 Curriculum Vitae - ARNOLD MELMAN. M.D. 40. Pedersen, B., Tiefer, L., Me]man, A: Long Term Follow-up of Men with a Penile Prosthesis and Their Sexual Partners. 1. Urology, 137:232A, 1987. 41. Tiefer, L., and Melman, A.. Difficulties in Measuring Satisfaction with the Penile Prosthesis. 1. Urology, 139:403A, 1988. 42. Choi, N., Maayani, S., and Melman, A: Modification of Sexual Behavior of Male Rats by Drugs Acting on Serotonin Receptors. 1. Urology 139:253A, 1988. 43. Melman, A: Iatrogenic Causes of Erectile Dysfunction. Urol.Clinics ofN.A., 15:33-39, 1988. 44. Melman, A., Christ, G., Valcic, and M., Maayani, S.,:A Kinetic Study of the Relaxation of Isolated Human Erectile Tissue (HET) and Rabbit Aorta (RA): Effects of Extracellular Calcium and Comparison of Smooth Muscle Relaxants. 1. Urology 141:185A, 1989. 45. Laor, E., Tolia, B., Reid, R., and Melman, A.: Rigid Transrenal Ureteroscopy: A Useful Adjunct in the Management of Large Ureteral Calculi. 1. Urology, 141:418A, 1989. 46. Laor, E., Palmer, L., Freed, S., Reid, R., Tolia, B., and Melman, A.: Value of Prostatic Fine Needle Aspiration Cytology in Screening For Occult Prostatic Carcinoma. 1. Urology 14 I :525A, 1989. 47. Libin, M., and Me]man, A.: Subclinical Corporal Fibrosis as an Unrecognized Caused of Erectile Dysfunction. J. Urology 141:220A, 1989. 48. Melman, A, and Libin, M.: Intracorporeal Papaverine Versus PapaverinelPhento]amine Combination-A Cavernosometric Comparison. J. Urology 141:544A, 1989. 49. Libin, M., and Melman, A.: Free F]ow Cavernosometry-Its Value in Detection of Corporal Incompetence. 1. Urology 141:545A, ]989. 50. Schwartz, C.B., Stone, B.A., Christ, GJ., Melman, A.:Kinetic Studies in isolated Human Erectile Tissue {HET):Potential Applications to the Treatment and Diagnosis of Impotence. F ASEB 5]. Lynn, H., Linn,R., Melman,A,: The Importance of Visual Stimulation and NPT As A Screen For Psychogenic Impotence. 1 of Urology. 143:81A, 1990. 52. Linn,R., Lynn,H., Melman,A.: Normal Cavernosometry of Patients Suffering From Erectile Dysfunction. J of Urology. ]43:93A, 1990. 53. Linn,R., Lynn,H., Melman,A.: Diagnosis Based On History And Physical Diagnosis. 1. Urology 143:94A, 1990. 29 Curriculum Vitae - ARNOLD MELMAN. M,D. 54. Laor,E., Tennenbaum,S., Tolia, B.M., Reid,R., Melman,A.: Safer More Efficient TURP With A New Suprapubic Irrigation Device. J. Urol. 143:290A, 1990. 55. Laor,E., Winter,H., Palmer,L., Tolia, B.M., Reid,R., Melman,A: Prediction of Outcome In Fournier's Gangrene. J. Urol. 143:435A, 1990. 56. Melman,A.: GAP Junctions between Human Corpus Cavernosum Smooth Muscle Cells in Primary Culture: Electrophysiological and Biochemical Characteristics. IV World Meeting of Impotence, Brazil, 1990. 57. Christ, GJ., Moreno, AP., Valcic, M., Parker, M.E., Gondre, C.M., Melman, A., Spray, D.C.: Role of Gap Junctions in Contraction of Human Corpus Cavernosum: Smooth Muscle Uncoupling by Heptanol Alters Contractility without affecting Ca2 Mobilization. Proceedings, microcirculation, p. 16, 1991 58. Spray, D.C., Moreno, AP., Carvalho, AC., Melman, A, Christ, GJ.: Junctional communication between corpus cavernosum smooth muscle cells, Proceedings, Fifth World Congress for Microcirculation, p.l04, 1991. 59. Tiefer, L., Moss, S., Melml\l1, A.: Follow-up of Patients and Partners Experiencing Penile Prosthesis Malfunction and Corrective Surgery. 1. Of Sex & Marital Therapy. 17:113-128, 1991 60. Giraldi, A., Valcic, M., Wagner, G., Melman, A, Christ, GJ.: Subthreshold Forskolin Doses Potentiate cAMP Formation in Response to Activation of Both B2-Adrenergic and PGE1 Receptors in Cultured Human Corpus Cavernosum Smooth Muscle Cells. Int. 1. Impotence Res. 4, Suppl2, 41, 1992 61. Christ, GJ., Gondre, M.D., Lerner, S.E., Janis, M., Parker, M.E., Melman, A:A Modified Kinetic Model for Assessing the Effects of Age and Disease on the Biphasic Nitroglycerine- Induced Relaxation Response ofIsolated Human Corpus Cavernosum Smooth Muscle Cells. Int. 1. Impotence Res. 4, Suppl2, 7, 1992 62. Christ, GJ., Spray, D.C., Melman, A" Brink, P.: Characterization ofION Channels in Cultured Human Corporal Smooth Muscle Cells. Soc. For Basic Urologic Res" 1992 63. Stone, B.A., Spray, D.C., Melman, A, Brink, P.R., Christ, G.1.: Gap junctions in urothelial carcinoma: Initial Characterization. Soc. Basic Urol. Res" 1992 St. Louis. 64, Christ, GJ., Moreno, A.P., Melman, A, Spray, D.C.: Gap junctions mediate intercellular diffusion of calcium ions between corpus cavernosum smooth muscle cells in culture. F ASEB 1. Abstracts 6(4): AI007, 1992 30 .. Curriculum Vitae - ARNOLD MELMAN. M.D. 65. Christ, GJ., Spray, D.C., Melman, A, Brink, P.R.: Biophysical studies of ion channels in cultured human corporal smooth muscle cells. 6th Annual Meeting of the Society for Basic Urologic Research, Washington, D.C., May 8-9, 1992. 66. Christ, GJ., Spray, D.C., Melman, A, Brink, P.R.: Electrophysiological studies of ion channels in cultured human corporal smooth muscle cells in culture. Int. 1. Impotence Res. 4:Suppl.2, MO, 1992. 67. Giraldi, A, Valcic, M., Wagner, G., Melman, A, Christ, GJ.: Subthreshold forskolin doses potentiate cAMP formation in response to activation of both B,-adrenergic and PGE. receptors in cultured human corpus cavernosum smooth muscle cells. IntJ.Impotence Res. 4:Suppl2, A41, 1992 68. Christ, G.1., Moss, 1., Zhao, W., Melman, A., Spray, D.C., Brink, P.R.: Pharmacological and electrophysiological studies of potassium channels on isolated tissues and intact cells derived from human corpus cavernosum. Soc. Basic Urol. Res., 1992, St. Louis. 69. Zuckier, L.S., Korupolu, G., Gladshteyn, M., Sallenberg, R., Ricciardi, R., Goodwin, P., Melman, A., Blaufox, M.D.:Design and Implementation ofa Circumferential Non-Imaging Probe with Superior Temporal Resolution for Measurement of Penile Hemodynamics. The Soc. Of Nucl. Med. 40th Annual Meeting. Toronto Convention Centre, Toronto, Ontario, Canada ]993 70. Christ, GJ., Melman, A., Spray, D.C., Brink, P.:Gap Junctions and ION Channels: Important Modu]ators of Electrical Activity in Human Corpus Cavernosum Smooth Muscle. J. Urol. 149:286A, 1993 71. Lerner, S.E., Valcic, M., Gondre, M., Melman, A., and Christ, GJ.: Endothelin as Putative Modu]ator of Erectile Dysfunction. J. Urol. 149:285A, 1993 72. Stone, B.A., Spray, D.C., Melman, A, and Christ, G.1.: Initial Characterization of Gap lunctions in Urothelial Carcinoma. 1. Urol. 149:457A, 1993 73. Ricciardi, R., Melman, A.: Objective, Long-Term Results of Penile on Revascularization. 1. Urol. 149:320A, 1993 74. Christ, GJ., Brink, P.R., Roy, C., Moreno, A., Gondre, C.M., Zhao, W, Vink, M., Spray, D.C., Melman, A.:Presence and Physiological Significance of Gap Junctions (Connexin 43) in Vascular Smooth Muscle. Int. Meeting on Gap Junctions. Hiroshima, lapan, August 1993 75. Valdevenito, R., Melman, A: IntraCaVWNlU& '1t'1~ ilijreJi/lp program: Analysis of results and complications.1.Urol. 151:456A, 1994 31 Curriculum Vitae - ARNOLD MELMAN. M,D. 76. Davis-loseph, B., Valcic, M., Zhao, W., Gondre, C.M., Melman, A., Fan, S.F., Brink, P.R., Christ, G.J.: On the use of human control tissues for studying the physiology of erection and the etiology of erectile dysfunction. 1. Urol. ISI:432A, 1994. 77. Cabn, DJ. Christ, G.J., Zhao, W., Ricciardi, R., Kriteman, L., Melman,A.:Forskolin-induced cAMP formation. A Promising Adjunclto Intracavemous Pharmacotherapy. VI World Meeting, September 12 - 16, 1994, Singapore 78. GiraJdi, A., Zhao, W., Melman, A, Kim, D.C., Gondre, C.M., Murray, F.T., Christ, G.J.:Differential Relaxation of Human Corpus Cavernosum Smooth Muscle by Potassium Channel Openers. Submitted. 79. Cabo, D., Melman, A, Valcic, M., Christ, G.J.:Forskolin: A Promising New Adjunct to Intracavernous Pharmacotherapy. Submiued. 80. Rehman, 1., Benet, A., Minsky, L.S., Starr, S.F., Melman, A.: Results of Surgical Treatment for Abnormal Penile Curvature: Peyronie's Disease and Congenital Deviation by Modified Nesbit plication 1. Urology in Press. 81. GiraJdi,A., Valcic, M., Melman, A, Christ, G.,: Age-Dependent Decrease in PGEI-Induced cAMP Formation in Cultured Human Corpus Cavemosum Smooth Muscle Cells.l.Urol. 155: 678A, 1996 82. Benet, A., Rehman, J. Melman, A,: The New Rigiscan Plus Software Improves the Correlation Between the Summary of the Rigiscan Recording and the Final Diagnosis. 1. Urol. 155:467A, 1996 83. Dennis, M., Benet, A, Melman, A.,: Patient Preferences in the Treatment of Erectile Dysfunction. J. Urol. ] 55:469A, 1996 84. Davia, 1. W., Fleischmann, 1., Melman, A, Geliebter, J., : The Potential Role of an Elastase Inhibitor in the Metastatic Progression of Prostate Cancer. 1. Ural. 155:356A, 1996 85, Benet, A., Sharaby, 1., Chamberlain, 1., Rehman, 1., Melman, A.: How Effective is Sex Therapy in Patients Diagnosd with Psychogenic Erectile Dysfunction. 1. Ural. ]55: 498A, 1996 86. Melman, A, Rehman, 1., Benet, A,: Fonnation ofNeo.Clitoris from Glans Penis by Reduction Glandoplasty with Preservation of Penile Neurovascular Bundle in Male to Female Gender: Functional and Cosmetic Outcome, 1. Urol. ISS:S0SA, 1996 87. Rehman, 1., Benet A, Mellllllfl A,,: Use ofIntralesionaJ Verapamilto Dissolve Peyronie's Disease Plaque: A Long-Term Single OW 5411tl,'.1. Ural. 155: 633A, 1996 32 Curriculum Vitae - ARNOLD MELMAN. M.D. VI. PRESENTATIONS & SYMPOSIUMS 1. Melman, A.: Cytochemical changes and kidney function in normal and cold-stored Summer bats Association for the Advancement of Science Philadelphia, P A 1962: American Zoologist 2:]23, 1962 2. Melman, A, Arieff, A, Massry,S.:Effects ofintrarenal acetylcholine on renal solute and osmolity Western Section American Urologic Association Vancouver, Canada July 1972 Clinical Research 21 :284, 1973 (Abstract) 3. Melman, A and Robertson, G.: Alteration of osmotic threshold for vasopressin release in chronic bile duct ligated dogs Symposium - The Kidney ia Liver Disease Miami Beach, Florida November 1976 4. Melman, A: Experience with implantation of Small-Carrion penile prosthesis for organic impotence North Central Section American Urologic Association Phoenix Arizona October 1975 1. Urology 116:49-50, 1976 5. Melman, A., Donohue, J.P., Weinberger, M. and Grim, C.: Improved diagnostic accuracy of renal venous renin ratios with stimulation of renin release National Meeting American Urologic Association Las Vegas, Nevaja May 1976 1. Urology 117: 145- I 49, ] 977 6. Melman, A., Grim, C. and Weinberger, M.: Increased incidence of hypertension in patients with renal cell carcinoma North Central Section American Urologic Association Palm Beach, Florida October 1976 1. Urology 118:531-532,1977 7. Melman, A. and Robertson, G.: Alteration of osmotic threshold for vasopressin release in chronic bile duct ligated dogs Western Section Federation of Clinical Research Carmel, Califomia February 1977 Clinical Research 25: 139A, 1977 33 Curriculum Vitae - ARNOLD MELMAN. M.D. 8. Melman, A. and Massry, S.: Role of renal vasodilatation in the blunted natriuresis of saline infusion in dogs with chronic bile duct obstruction Western Section Federation for Clinical Research Carmel, California February 1977 1. Lab. Clin. Med. 89:1053-1065, 1977 9. Melman, A.: Measurement of glomerular filtration. Assessment of renal function Post Graduate Course American Urological Association Washington, D.C. May 1978 10. Melman, A: The effects of the Angiotensin II antagonist, Saralasin, upon renal function in CBDL dogs Association of Academic Surgeons San Diego, California November 1977 1. Surg. Res. 24:277-283, 1978 I I. Melman, A and Holland, T.F.: Evaluation of the dermal graft technique for the surgical treatment ofPeyronie's Disease North Central Section American Urological Association San Diego, California November 1977 1. Urology 120:421-422, 1978 12. Melman, A. and Szwed, 1.: Effect of intravenous mannitol on renal hemodynamics and renal lymph recovery during acute ureteral obstruction National Meeting American Urologic Association New York, New York May 1979 Investigative Urology 18:21-23, 1980 13. Melman, A., Driscoll, DJ., Perez, 1.M., Leiter, E. and Palmer, C.G.: Testes tumor in a patient with persistent muelleri an duct syndrome despite neonatal orchidopexy New York Section American Urologic Association Innsbruck, Austria October 1979 1. Urology 125:856-858,1981 14. Melman, A: The effect ofStreptozotocin induced diabetes upon the penile corpora of rats New York Section American Urologic Association lnnsbruck, Austria October 1979 34 Curriculum Vitae - ARNOLD MELMAN. M.D. 15. Melman, A: (I) Penile physiology & (2) The implantation of penile prostheses PROGRAM DIRECTOR Post Graduate Course THE MANAGEMENT OF MALE SEXUAL DYSFUNCTION Beth Israel Medical Center New York, New York November 1979 16. Melman, A: Symposium - Urology and psychosocial aspects of critical and terminal illness: The patient, family and staff Columbia Presbyterian Medical Center New York, New York April 1980 17. Melman, A: Clinical staging - a prerequisite for rational treatment (cystoscopy, bimanual examination, biopsy techniques staging system, correlation of state, grade and survival) Post Graduate Course RECENT ADVANCES IN DIAGNOSIS AND TREATMENT OF CARCINOMA OF THE BLADDER Beth Israel Medical Center New York, New York April 1980 18. Melman, A., Bressler, R.S., Henry, D.P. and MacAdoo, V.K.: Ultrastructure of human penile erectile tissue in patients with abnormal norepinephrine content National Meeting American Urologic Association San Francisco, California May 1980 Investigative Urology 19:46,1981 19. Melman, A and Redfield, 1.: Evaluation of the DSFI as a test of organic impotence New York Section American Urologic Associp.tion Madrid, Spain October 1980 Sexuality and Disability 4:108, 1981 20. Melman, A.: Evoked sacral potential Post Graduate Course CLINICALLY APPLIED URODYNAMICS IN VOIDING DYSFUNCTION Beth Israel Medical Center New York, New York November 1980 21. Melman, A.: Diagnosis and management of testis tumors, penile prosthesis and testicular implants Association of Urologic Nurses Tarrytown, New York November 1980 35 Curriculum Vitae - ARNOLD rv.~LMAN. M.D. . . . . 22. Me]man, A.: Male sexual dysfunction Association of Urologic Nurses Tarrytown, New York November 1980 23. Me]man, A: Transsexualism Association of Urologic Nurses Tarrytown, New York November 1980 24. Melman, A: The Effect of Calcium Upon the Dose-Tension Response of Human Erectile Tissue to Norepinephrine and Histamine National Meeting American Urological Association Boston, Massachusetts May 1981 25. Khan, Z., Melman, A. and Leiter, E.: A New Clinical Test for the Measurement of Penile Hardness National Meeting American Urological Association Boston, Massachusetts May 1981 26. Khan, Z., Lief, M., Mieza, M., Melman, A and Leiter, E.: Gross Inherent Error in Uroflowmetry Performed After Cystometry, Its Comparison with Natural Voiding - An Important Consideration National Meeting American Urological Association Boston, Massachusetts May 1981 27. Melman, A: How to Organize for the Diagnosis and Treatment ofImpotence Council on Education National Meeting American Urological Association Boston, Massachusetts May 1981 28. Melman, A.: Penile Sympathetic Nerves of Patients with Diabetes 5th World Congress on Sexology Jerusalem, Israel September 1981 29. Melman, A.: Infertility Introduction to Surgery Course Mount Sinai School of Medicine October 1981 30. Me]man, A.: Ureteral Surgery - Replacement of Ileum Annual Meeting New York Section American Urological Association Rome, Italy October 1981 31, Melman, A.: Specialized Evaluation of Impotence - Summary of The First Fifty Patients Annual Meeting New York SectIon American Urological Association October ] 981 36 Curriculum Vitae - ARNOLD MELMAN. M.D. 32. Me]man, A: The Effect of Aging Upon Urinary & Sexual Function Community Lecture Series Sponsored by health Information Center Beth Israel Medical Center Phipps Houses New York, New York October 1981 Sirovich Senior Center New York, New York December 1981 33. Melman, A: Marshall-Marchetti-Krantz Procedure Female Urinary Stress Incontinence Current Investigation and Treatment Post Graduate Seminar Beth Israel Medical Center Mount Sinai School of Medicine November 1981 34. Melman, A: Renal Calculus Disease Mid-Atlantic Regional Urology Workshop International Urological Sciences, Inc. Orangeburg, New Jersey November 1981 35. Melman, A.: Impotence Adventure on A Shoestring, Inc. New York, New York November 1981 36. Me]man, A: Symposium on Sex and Aging Inter-Agency Council for the Aging Lower East Side Neighborhood Coalition Education Alliance New York, New York December 1981 37. Melman, A: Effect of Alcohol and Drug Abuse Upon Sexual Dysfunction Department of Medicine Grand Rounds Beth Israel Medical Center December 1981 38. Melman, A: Surgical Management of Erectile Disorders Sexual Disorders and Medical Practice Post Graduate Course Mount Sinai School of Medicine December 1981 39. Me]man, A: Management of male impotence Urology Workshop Post Graduate Seminar International Urological Science, _. Newark, New lersey March ]982 37 .' Curriculum Vitae - ARNOLD MELMAN. M.D. 40. Melman, A.: The effect of chronic alpha-methyldopa upon sexual function in the adult male rat National Meeting American Urological Association Kansas City, Missouri May 1982 41. Melman, A.: An analysis of the first seventy patients in a Center for Male Sexual Dysfunction National Meeting American Urological Association Kansas City, Missouri May 1982 42. Melman, A: Panelist HOW TO ORGANIZE FOR THE DIAGNOSIS AND TREATMENT OF IMPOTENCE Post Graduate Course, National Meeting American Urological Association Kansas City, Missouri May 1982 43. Melman, A: Prostatism and Prostatic Hypertrophy GERIATRICS FOR THE INTERNIST Post Graduate Seminar Beth Israel Medical Center Mount Sinai School of Medicine 1982 44. Melman, A.: Panelist MALE SEXUAL DYSFUNCTION Annual Meeting Society for Sex Therapy and Research Charleston, South Carolina June 1982 45. Me]man, A: Panelist CLINICALLY APPLIED URODYNAMICS IN VOIDING DYSFUNCTIONS Post Graduate Seminar Beth Israel Medical Center Mount Sinai School of Medicine June 1982 46. Melman, A: Urologic Concerns After Age 50 Tanya Towers Health Education Presentation Tanya Towers Housing Project New York, New York July 1982 47. Melman, A.: Invited speaker - Evidence of Penile Neuropathy in Diabetes Mellitus International Society for Impotence Research 1st International Symposium on Impotence and Diabetes Mellitus Copenhagen, rlenmart August I-9l2 38 Curriculum Vitae - ARNOLD MELMAN. M.D. 48. Melman, A: Co-Panel Dirr~tor Neurotransmillers in Erectile Failure 80th Annual Meeting New York Section of the American Urologic Association Copenhagen, Stockholm August 1982 49. Melman, A: Evaluation of the First 200 Patients in the Center for Male Sexual Dysfunction of Beth Israel Med Ctr XIX Congress - Societe International D'Urologie Copenhagen, Denmark September 1982 50. Melman, A: Panelist - Male Sexual Dysfunction Neurotransmillers in Erectile Tissue International Society for Impotence Research 3rd International Conference on Corpus Cavernosum Revascularization Copenhagen, Denmark October 1982 51. Melman, A: Invited Speaker First International Symposium Impotence and Diabetes Mellitus Copenhagen, Denmark October 1982 52. Melman, A: Sexual Disorders in Medical Practice Page and William Black Post-Graduate School of Medicine Mount Sinai Schoo] of Medicine March 1983 53. Melman, A., Gordon, G. and Warner, T.: Evaluation of sexual dysfunction in men with severe chronic alcoholism Annual Research Meeting Beth Israel Medical Center New York, New York April ]983 54. Melman, A.: Management of Sexual Dysfunction Community General Hospital of Sullivan County Harris, New York September 1983 55. Melman, A.: The Effects cfYohimbine Upon Sexual Function in Male Rats Surgical Forum American College of Surgeons Atlanta, Georgia October 1983 39 Curriculum Vitae - ARNOLD MELMAN. M.D. 56. Melman, A.: Use of Evoked Sacral Potential in the Evaluation ofImpotence Chairman Eighty First Annual Meeting New York Section American Urological Association Hawaii September 1983 57. Melman, A: (I) Diagnostic Methodology in the Evaluation ofImpotence, (2) Plasma Norepinephrine in the Evaluation ofImpotence, (3) Neurotransmitter and their Effect on Erection Chairman Second International Symposium on Male Sexual Impotence Buenos Aires, Argentina November 1983 58. Mieza, M., Melman, A: Venous Drainage in Impotent Males Sixty Ninth Scientific Assembly and Annual Meeting The Radiological Society of North America, Inc. Chicago, Illinois November 1983 59. Melman, A: Evaluation ofImpotencc Union Health Center Ml. Sinai School of Medicine New York, New York lanuary 1984 60. Melman, A, Mieza, M.: Current Status of the Diagnosis and Treatment of Abnormal Venous Drainage as a Cause of Erectile Failure Annual Research Meeting Beth Israel Medical Center New York, New York April 1984 61. Tiefer, L., Melman, A: Interview of Wives: A Necessary Adjunct in the Evaluation ofImpotence Annual Meeting American Urological Association New Orleans, Louisiana May 1984 62. Melman, A: Diabetes and Impotence Chairman First World Impotence Seminar Paris, France June 1984 63. Melman, A.: Affect of diabetes on the catechol uptake and contractility of penile erectile tissue International Academy of Sex Research Cambridge, England September 1984 64. Melman, A.: Current evaluation of ertdilt ~ SST AR New York, New York October 1984 40 Curriculum Vitae - ARNOLD 1\. ~LMAN. M.D. .. 65. Melman, A., Tiefer, L.: Depaltment of Urology, Queens University, Kingston General Hospilal, Kingston, Ontario March 28-29, ] 985 66. Melman, A.: Co-Chairman, Ferdinand C. Valentine Urology Prize Essay Meeting. The New York Academy of Medicine New York, New York April 3, 1985 67. Melman, A.: Infertility and Impotence Department of Urology Long Island lewish Medical Center New Hyde Park, New York lanuary 25-26,1986 68. Melman, A.: Bladder Dysfunction, Impotence & Hypertension 51. Barnabas Medical Center Livingston, New lersey March 26, 1986 69. Melman, A., Tiefer, L.: Penile Prostheses In The Treatment of Erectile Dysfunction Post Graduate Course Beth Israel Medical Center New York, New York lune 4, 1986 70. Melman, A.: Overview on Impotence New York Section American Urological Association 84th Annual Meeting Laguna Niguel, California October 26-31, 1986 71. Melman, A: Overview ofImpotence State University of New York Health Sciences Center at Brooklyn Brooklyn, New York October 1986 72. Melman, A: Current State of the Evaluation of Male Sexual Dysfunction Technion Israel Institute of Technology The Tenth Quitman Lecture The B. Rappaport Medical Sciences Center Bat-Galim, Haifa, Israel November 4, 1986 73. Melman, A.: Male Sexual Dysfunction Montefiore Medical Center Bronx, New York November 17, 1986 74, Melman, A.: Sleep Testing, Methods and Limitations NYU Medical Center New York, New York Der.ember 6,1916 41 Curriculllm Vitae - ARNOLD MELMAN. M.D. 75. Melman, A.:, Urologic Rehabilitative Interventions American Cancer Society New York, New York January 13-16, 1987 76. Melman, A: Therapeutic Approach to Sexual Dysfunction Surgical Treatment of Erectile Dysfunction Stony Brook Schoo] of Medicine April 22, 1987 77. Melman, A: Update on Impotency Evaluation and Treatment Hackensack Medical Center March 3, \989 78. Melman, A: Impotence Overview (AUA) New York AUA Amsterdam, Holland September 28, 1988 79. Melman, A: Correct evaluation of Sexual Dysfunction Long Island College Hospital Brooklyn, New York May 2, \988 80. Melman, A: Poster: A Kinetic Study of the Relaxation ofIsolated Human Erectile Tissue (HEr) and Rabbit Aorta (RA): Effects of Extracellular Calcium and Comparison of Smooth Muscle Relaxants. AUA Dallas, Texas May 7, 1989 81. Melman, A: Update on Impotency Evaluation and Treatment Bronx Lebanon Hospital New York, New York May 17, ]989 82. Maldonado 1., Tolia B., Laor E., Reid R., and Melman, A: Perinephric Abscess: Percutaneous vs. Open Surgical Drainage. Presented AU.A. 1990 Annual Meeting New Orleans, Louisiana May 1990 83. Maldonado 1., Weinberg, 1., Sprayragen, S., Bakal, C. and Melman, A.: Percutaneous BaI]oon Dilatation of Ureteral Strictures in Renal Transplant Patients. Presented A.U.A 1990 ^'-aI M=ting New Orleans, Louisiana May 1990 42 Clirricululn Vitae - ARNOLD MELMAN. M.D. 84. Linn, R., Lynn H. and Me]man, A: Diagnosis Based on History and Physical Diagnosis. Presented A.U.A. 1990 Annual Meeting New Orleans, Louisiana May 1990 85. Linn, R., Lynn, H. and Melman, A.: Normal Cavernosometry of Patients Suffering from Erectile Dysfunction. Presented A.U.A. 1990 Annual Meeting New Orleans, Louisiana May 1990 86. Lynn, H., Linn, R. and Melman, A.: The Importance of Visual Stimulation and NPT As a Screen for Psychogenic Impotence. Presented A.U.A. 1990 Annual Meeting New Orleans, Louisiana May 1990 87. Linn, R., Maldonado, 1. and Melman, A: A New Pneumatic Device for Penile Cavernosometry. Presented A.U.A. 1990 Annual Meeting New Orleans, Louisiana May 1990 88. Me]man, A.: ELECTROEJACULATION FOR INFERTILITY IN MULTIPLE SCLEROSIS The Gimbel MS Center Holy Name Hospital Teaneck, N.1. lune 12, 1990 89. Melman, A: AGING AND SEXUAL FUNCTIONING Simon Senior Center Bronx, New York luly 20, 1990 90. Melman, A: Modem Diagnostic Methodo]ogy in Treatments for Erectile Dysfunction Fifth Annual Medical Update for Psychiatrist Tarrytown Hilton Hotel Tarrytown, New York November 2, 1991 91. Melman, A.: What the Urologist Can Offer in the Treatment of Impotence Eighteenth Annual Symposium on Current Critical Problems and New Horizons in Vascular Surgery Waldorf-Astoria Hotel New York, New York November 24, 1991 43 Curriculum Vitae. ARNOLD" .LMAN. M.D. 101. Melman, A: Simon Senior Citizens Center Bronx, New York December 1992 102. Melman, A: Invited Speaker - Westchester Reform Scarsdale Temple, The Male Menopause - Aging and Sexuality in Males as they age. November 22, 1992 103. Melman, A.: Invited Speaker - Young Men's Division Albert Einstein College of Medicine Doral Tuscany, New York City lanuary 20, 1993 104. Melman, A: Southwestern Medical Center - Invited Speaker Dallas, Texas Basic Science of Erectile Physiology April 13, 1993 105. Melman, A: Invited Speaker Ritz-Carlton Hotel Phoenix, Arizona Erectile Dysfunction September 10-12, 1993 106. Melman, A: Male Erectile Dysfunction American Urological Association Marriott Hotel - San Francisco, California May 1994 107. Christ, GJ., Ramanan, S.V., Melman, A, Spray, D.C., Brink, P.R.: Computer-based diffusion anaIyes suggest an obligatory role for gap junctions in mediating nitric oxide-induced responses in urogenital tissues. Society for Basic Urology Research 1994 ]08. Melman, A: Impotency - Etiology and Diagnosis The Greater New York Urology Symposium New York, NY March 4-5, 1995 109. Melman, A.: Treating Erection Problems Society for Sex Therapy and Research New York, NY March 9-12, 1995 45 Curriculum Vitae - ARNOLD l\~LMAN. M.D. .. 110. Melman, A: Le Penis, un Organe Vasculaire- Concepts recents sur Erection - Flaccidite De L' Association Francaise D'Urologie Rennes - Bruz March31-April I, 1995 111. Melman, A :Clinical Debate: Nocturnal Penile Tumensence: Is it Useful in the Diagnosis ofImpotence? American Society of Andrology Raleigh, NC March 3 I - April 4, 1995 112. Melman, A.: Prostate Cancer: Some Questions and Answers Young Men's Division - Program for Research in Prostate Cancer Bronx, NY April 25, 1995 113. Melman, A: Work-up ofImpotence; Post-Surgical Impotence New York Medical College Valhalla, NY November 16, 1995 114. Melman, A:Program Chairman Hormonal Treatment of Prostate Cancer: Rationale and Appropriate Timing Albert Einstein College of Medicine Bronx, NY Audio Conference Program November 30th, December 4th, 5th, 7th, ] Ith & 13th, 1995 I ]5. Melman, A:Chairman Adjuvant Hormonal Therapy in Localized Prostate Cancer Drake Hotel New York, NY December 2nd and 3rd, 1995 ] 16. Melman, A :Endocrine Disorders and Their Relationship to Sexual Dysfunction The American Diabetes Association New York, NY lanuary 19th, 1996 117. Melman, A:Physiology of Erection and Detumescence, Hormonal and Medical Therapy, Medical Therapy, Vascular Surgery, How Do I Avoid Problems and Handle Complications, Penile Prosthesis and How Do I Expand My Practice Erectile Dysfunction, Peyronie's Disease lilt Priapism San Antonio, Texas March 8th - 10th, 1996 46 .' Curriculum Vitae - ARNOLD MELMAN. M.D. 118. Melman, A.:Erectile Dysfunction Grand Rounds Montefiore Medical Center/Albert Einstein College of Medicine Department of Medicine March 28, 1996 119. Melman, A.: Impotence Grand Rounds Bronx Lebanon Medical Center April 4, 1996 120. Melman, A, Benet, A., Rehman, 1.: The Effectiveness of Sex Therapy in Patients Diagnosed with Psychogenic Erectile Dysfunction (patient's Opinion) The Israel Urological Socit'ty The 16th Meeting Eilat, Israel June 25-27, 1996 121. Melman, A, Benet, A., Vasilescu, N., Dennis, M., : Patient Preferences in the Treatment of Erectile Dysfunction The Israel Urological Society The 16th Meeting Eilat, Israel June 25-27, 1996 122. Melman, A, Rehman, 1., Christ, G., Brink, P., Walcott, B., Grine, B.,: Diminished Neurolegenic- But Not Pharmacologic-Induced Intracavemous Pressure (lCP) Responses in the Streptozotocin (STZ) - Diabetic Rat The Israel Urological Society Eilat, Israel1une 25-June 27, 1996 123. Kahan, N., Lerner, S., Richards, S., Benet, A., Fleischmann, J., Melman, A,: Detai]ed Assessment of Erectile Function After Radical Retropubic Prostatectomy: Does Potency Equate with Sexual Satisfaction?: The Israe] Urological Socit'ty Eilat, Israellune 25-1une 27, 1996 124. Melman, A, : Impotence The Israel Urological Society Eilat, Israellune 25-1une 27, 1996 125. Melman, A, Kessaris, D., Goldberg, G.: Testing and Treatment of Sexual Dysfunction Queens-Long Island Medical Group, P.C. Preventive Health & Clinical Performance Improvement Committee Flushing, New York September M, 1996 47 : " Curriculum Vitae - ARNOLD MELMAN. M.D. 125. Melman, A. and Fracchia, 1., : Innovations in Urology I "How I Do It" Symposium sponsored by Lenox Hill Hospital New Y orlc, New York September 1996 48 ~ :I ~ " THOMAS, THOMAS' & HAFER, LLP ATIORNEYS AT LAW JOSEPH P. HAFER lAMES K, nIOMAS.1I IEfFREY B. REmO PETF.R J. C\lRRY R BURKE MclEMORE. JR, EDWARD Il.JOROAH.IR, C, KENT PRICE RANDAll. 0. OA~ DAVID L. SOIWAUl PETER J, SPEAKER DOUOlAS B MARCEUD PAUL J. DEll.ASEGA 305 NORTH FRONT STREET StXTH A..OOR P.O. BOX 999 HARRISBURG. PA 17108 TlMonlY I. MARK DANIELl. OAU.AOIIEll ROBERT A, TAYLOR SARAII W, AROSELL EUOENE N, M,"UOII SlEPIIEN E. OEDUUJIO KAREN S, COATES OARY T. lAnlROP roOD B, NARVOl lAMES I. 0000.0 KEVIN C. McNAMARA BROOKS R, I'OLAND JOlIN A.OUNlACKEll (111) 231.1100 FAX (111) 2l1.110S EMAIL: lTHilEZONLINE.COM WRITER'S DIRECT DIAL NUMBER OF COUNSEL JAMES K nlONAS 255-7645 March 10, 1998 VIA FAX TRANSMISSION (717)238-5610 Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 17110 RE: Askins v. Owens CCP, Cumberland Co. Civil Aetion No. 97-3615 Notices of Denosition Dear Nijole: Confirming the recent telephone conversations between our respective secretaries, enclosed are Notices of Deposition directed to Dr. Boline and Dr. DeLeo. The depositions will be held tomorrow, Wednesday, March II, ]998, with Dr. Boline's deposition at 11:30 a.m. in his office, followed by Dr. DeLeo's deposition at 1:]5 p.m. in her office. I have retained the reporter for both depositions. Thank you for your cooperation with respect to the above. Very truly yours, (f~V\wG 1.0;rf.'(~ 1)0/ JAMES 1. DODD-O. ESQUIRE JJD/kls Enclosures CC: Hughes, Alhright, Foltz & Natale MAR -10 98 11: 50 FROM: THO-'AS TfO"AS 7t7237710S TO: 7172385610 PAGE: 01'03 Jo,sEPH, H1J'EII. J~"'r.s IC Tl4OMAl.lI JUJ'Rnl lETT1a rima I, CUUV . IUIUtl McI.llMOMa. II. WWAKO tl lOlUAN. 'I. C KEHTPllCE lANDAU. n CALl D.\VID t.. SCHWALM rerea J. SrfAlCU 0CKKiUS .. NAICQW '^UL'.~IO" THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW 305 NORllI FRONT STREET SIXTH fLOOR P.O, BOX 999 HARRISBURC. PA 17101 TIMOTHY I. WAIIC O"",'IL l,llAUAOHU IIl.OIDT A. TAYLOl SAkAH W AlOSlLL WOlI<E N, .....UOH STl!PH!N Eo C2IlULOCO K"IEN S. COA.TIS CAIY'T.LAllCROP 1000 a. NAIlC\'OL M"U J. OOO[).O KEviN C JrlkNA...."1lo\ UOOIU .. fOLAND /OHN PLOIJN1.ACKJ;a OFCOUN1EL ,~t.(U It. moM'" (717) 217-1100 P~l( (117)2".7101 BM~IL: TTH.IlZONI.I~COM WllTE1l'S Dlllecr DI~L NUMBEA 255-7645 March 10, 1998 VIA FAX TRANSMISSION (717\238-5610 Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Stteet Harrisburg, PA 17110 RE: AIk1D8 v, OweDs CCP, Cumberlaad Co. Ch'il Action No. 97-3615 Noticet of Deposition Dear Nijole: Confirming the recent telephone conversations betwcen our respective secretaries, cnclosed arc Notices of Deposition directed to Dr. Bolinc and Dr. Deleo. The depositions will be held tomorrow, Wednesday. March II, 1998, with Dr. Boline's deposition at 11:30 a.m. in his office, followed by Dr. DeLeo's deposition at I: 15 p.m. in her office. I have retained the reporter for both depositions. Thank you for your cooperation with respect to the above, Very truly yours, ~CJ~~ JAMES J. DODD-O. ESQUIRE JJDIkIs Enclosures CC: HulP1es, Albright, Foltz &: Natalc o. Po.I.lt~ brand fax I,ansmlnal memo 1611 $0 . ..... Co. pc, -. n. ... ~ :r iii =i 'TI THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW JOSEPII P. IIAf1'.R lAMF.5 K, maMAs. II IEJ'HlEY B RETnO PI!IEJl I, alRRY R. BURKE McUMORE. JR. EDWARD II JORDAN.IR. C KENT PRn RANDAU. G. GALE DAVJO L SOIWALM PElER 1. SPEAKER DOUGLASBMARCELlO PAUL I. DELLA.mlA 30S NORTH FRONT STREET SIXTH A..OOR P.O. BOX 999 HARRISBURG, PA 17108 T1ManlY I. MARK DANIELl, GAu.AGIIEIl ROBERT A. TAYLOR SARAII W, AROSaJ. EUGENE N. McHUGH SW'IIEN E. GEDULOIO KAREN S. COAT1'.S GARY T, LAnlROP TODD B. HARVOL lAMES I, OODI).Q KEVIN C. McNAMARA BROOKS R. FOUJiD JOliN A.OUHLACKfR (717) 237-7100 FAX (717) 237.7105 EMAIL: mlltEZONLlNE.COM WRITER'S DIRECJ' DIAL NUMBER 255-7645 OF COUNSEL 'AMFA"i K TIIOMAS March 10, 1998 VIA FAX TRANSMISSION 17]71238-5610 Nijole C. Olson, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 1711 0 RE: Askins v. Owens CCP, Cumberland Co. civil Action No. 97-3615 Dr. Boline Dr. DeLeo Dear Nijole: I have discussed the billing prerequisites from the above doctors, directed to your attention. My client is unwilling 10 pay for the above. In light of this, and the facl we cannot reach an agreement on same, I believe it would be best not to attempt to move forward with the depositions at this time. Instead, I will be forwarding to the physicians subpoenas for their testimony. I would anticipate the depositions would take place in April, once we have cleared dates with you. Thank you for your attention to the above. Please express my apology to the physicians regarding this cancellation. JJD/kls PRAECIPE ~UR U~llJ~u 1..1\:lc, rv,," 11\1...... (Must be typewrilltn' 3J1d submilled in duplicate) . .' . . 19 THE PROTHONOTARY/Of CU~tBERLAND COUNTY Pie..e Un !he foUowlnl em: (Check anI) ( xx )' for WRY lriall1 the ne.'tl lerm of CyU ~Ull. ( ) COI llUl wllhoUI 1 julY. Assumpsil () \D 0 S co -n ~ ..". .... ut.. ;po ,.~ qJl~ ;0 ;;1 -..,) N "'0 ,,;c u) .~; &:" ":':.1 ~,. () r::u "'" .....3:] :eo T- - ~rl") :=0 ~ ain POC:' '.... -.. ~ ~ w CAPTION OF CASE (I1ltlre aptlon mUSI be luted 14 fuU) (chedc one) GEORGE ASKINS, Plaintiff ( ( ( Trelpul Tmpus (MolOr Vehicle) (XX) . Medical Malnr~r.tir.p , (olllar) (Pllintifi) "' The trial list will be called on R. SCOTT OWENS, M. D. and MID-PENN UROLOGY, INC., Defendants Aoril 21. 1998 ilM' Trials coumence on Mav 18, 1998 . . (DcfenlWIl) Pretrials will be held on Apri I 29 , 19!18 (Briefs are due 5 days before pre- trials. ) (The party listing this case for trial shall provide forthwith a copy of the p'raecipe to all counsel, pursuant to local Rule 2l4~1.) Y1. So. 97-3615 ClyU I~L IIdlale the lltorn<<y wllo ",ill II)' we for lhe ;I:"ty wilD' m~1 lhi.s pr1eclpe: ANGINO & ROVNER, P.C. Niiole C. Olson. ESQuirp.. 10 655287. 4~03 Nnrth r:rnnt St H~rr;c::hllrQ PA 17110 Indlat; uia! counsel for Olhcl parll:s if known: For Defendants: THOMAS. THOM1\S & HAFER James j. Dodd-o, Esquire, 305 N. Front St.. P.O. Sox 999. HarrisburQ. PA 17108-0999 This we i1 ready for IIbl. SISr.ed: Print :-ame: Dm: March 23, 1998 AnOrM)' for: PI a i nt iff .. CERTIFICATE OF SERVICE I hereby certify that I. Candico M. Bakor, an omployoo of Angino & Rovner. P.C" heva this date served e trua and corract copy of tho attached Proeclpe for LIltlnll Cale for Trlol, upon tho perties listed below via Unitod StOtOI First Class Mall, postege prepoid. addressed as follows: Jamos J. Dodd.o, Esquiro THOMAS, THOMAS & HAFER 305 North Front Stroot P.O. Box 999 Harrisburg, PA 17108.0999 05450llAJ CERTIFICATE OF SERVICE I hereby certify that I, Candice M. Baker, an employee of Angino & Rovner, P.C., have this date served a true and correct copy of the attached Plaintiff's Pre-Trial Memorandum, upon the parties listed below via United States First Class Mail, postage prepaid, addressed as follows: James J. Dodd-o, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Dated: 65450llAJ , , 1l\ APR 24 1998 cP THOMAS, THOMAS & HAFER BY: James J. Dodd-o, Esquire Identification No. 44678 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717)237-7100 Attorney for Defendants: R. Scott Owens, M.D. and Mid-Penn Urology, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW GEORGE ASKINS, NO. 97-3615 Plaintiff, v. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., Defendants. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS DEFENDANTS' PRETRIAL MEMORANDUM PURSUANT TO CUMBERLAND COUNTY LOCAL RULE 212-4 I. STATEMENT OF BASIC FACTS AS TO LIABILITY. This is a claim for medical negligence brought by Plaintiff against Defendants Dr. Owens and Mid-Penn Urology, Inc. According to the cla.i,m, Mr. Askins alleged he was injured when he lifted a box of paper (weighing approximately 50 pounds). He states he felt a sudden pain in his groin and thereafter went to see his family physician, Dr. Roumm. Dr. Roumm performed an examination of the mid-section and referred Mr. Askins to a urologist, Dr. Owens. Mr. Askins first saw Dr. Owens on August 9, 1995 at which time he was diagnosed with bilateral epididymal tenderness and induration consistent with epididymitis. He was placed on Ciprofloxacin, 500 mg. bid for a period of one month. His second visit was on September 20, 1995 when he alleges he continued to be bothered by bilateral testicular pain and he was again diagnosed wi th epididymitis and placed on Bactrim OS for one month. He also received a scrotal ultrasound to rule out testicular pathology and maintained on conservative treatment. His third visit was on October 23, 1995 at which time he noted significant improvement in his overall symptoms and he was instructed to return in six months for a follow-up visit. Mr. Askins alleges he called Dr. Owens' office on a couple of occasions complaining of intense pain. However, his next return visit was April 22, 1996. He was seen by Dr. Owens and a diagnosis of recurring epididymitis was made. His last visit with Dr. Owens was on June 7, 1996. Thereafter, he sought a second opinion from a Dr. Boline on July 16, 1996, who diagnosed a double rernia and was seen the following day by Dr. Joanna DeLeo, a surgeon. Dr. DeLeo also diagnosed him as having a hernia and performed a laprosopic bilateral inguinal hernia repair with balloon dissector on July 22, 1996. lie has indicated he had no complications following the surgery and following a post-surgery recuperative period of five to six ') weeks he was pain- free. Following the recuperative period, he was able to perform all his normal activities. Plaintiff alleges mis-diagnosis and improper care and treatment by Dr. Owens in failing to diagnose the hernias. II. STATEMENT OF BASIC FACTS AS TO DAMAGES. Plaintiff claims pain and suffering for a thirteen-month period from his first visit with Dr. Owens until the surgery. There is no future loss of wage claim. III. STATEMENT AS TO THE PRINCIPLE ISSUE OF LIABILITY AND DAMAGES. 1. The scope and extent of damages claimed. A. Liability. 1. Whether there was a failure to diagnose. 2. The negligence of Dr. Owens in his care and treatment of Mr. Askins. B. Damages. IV. SUMMARY OF LEGAL ISSUES. A. The claimed negligence of Dr. Owens. J V. IDENTITY OF WITNESSES TO BE CALLED. Defendants intend to call some or all of the following witnesses: A. Plaintiff, George Askins. B. Any witnesses listed in Plaintiff's Pretrial Memorandum. In addition to the above, Defendants may call some or all of the following witnesses: C. R. Scott Owens, M.D. D. Dr. George Boline. E. Dr. Joanne DeLeo. F. John A. Belis, M.D., expert regarding the care and treatment rendered by Dr. Owens. Defendants reserve the right to timely supplement this list. To the extent that it is necessary to call any records custodians of Plaintiff's medical providers, Defendants reserve the right to do so. VI. LIST OF EXHIBITS. A. Office records of R. Scott Owens, M.D. and Mid-Penn Urology. B. Office records of George B. Boline, Jr., M.D. -I C. Office records of Joanne DeLeo, M.D., including laparoscopic photographs from surgery of July 22, 1996. D, Office records of Alan D. Rhome, M.D. ( family physician) . E. F. Community General Osteopathic Hospital records. Holy Spirit Hospital records regarding diabetes management. G, Deposition transcript of George Askins taken on November 20, 1997. H. Deposition transcript of Dr. Joanne DeLeo scheduled for May 7, 1998. I. Deposition transcript of Dr. George Boline currently scheduled for May 15, 1998. In addition to the above, Defendants may use the following as Exhibi ts : J. Expert report of Defendants' physician expert. Defendants reserve the right to introduce any exhibits listed by Plaintiffs in his Pretrial Memorandum. Defendants reserve the right to timely supplement this list of Exhibits. 5 VII. CURRENT STATUS or SETTLEMENT NEGOTIATIONS. Plaintiff has demanded $155,000 for settlement. Defendants have not provided any response to this, as discovery is pending and full review of this matter is not available. VIII . STATUS or DISCOVERY. As discussed with Judge Hoffer at the Call of the Trial List, discovery remains outstanding. Currently pending are depositions of Drs. DeLeo and Boline. Dr. DeLeo's deposition is scheduled for May 7, 1998. Dr. Boline's deposi tion is scheduled for May 15, 1998. Dr. Boline has indicated if this date is unacceptable, his next available appointment would be June 26, 1998. Defendants objected to the listing of this matter and Judge Hoffer indicated that firm dates for the depositions of Drs. DeLeo and Boline were to be provided at the time of the Pretrial Conference. Defendants are unable to have the matter properly reviewed by their expert due to the lack of deposition testimony from the two physicians. Said physicians as requested by Judge Hoffer have been scheduled. However, Plainti ff' s counsel has indica ted a conflict with the May 15, 1998 date. It is anticipated Defendants' expert will need 30 days following receipt of the deposition transcripts to provide a (, i " '~. . . ... GEORGE ASKINS. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION. LAW R. SCOTT OWENS. M.D. and MID-PENN UROLOGY. INC., Defendants NO. JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquintes. usted tiena viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado 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 demanda. Usted pueda perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle. PA 17013 (717) 697-0371 .. ~, , . - GEORGE ASKINS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., Defendants NO. Ii? 31.-/~' eu"/'I.<<~ JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff George Askins is an adult individual and resident of Camp Hill, Cumberland County, Pennsylvania. 2. Defendant R. Scott Owens, M.D. is an adult individual, licensed to practice medicine in the Commonwealth of Pennsylvania, who, in 1995, and at all times relevant herein, was engaged in the practice of medicine, including Urology, in Harrisburg, Dauphin County, Pennsylvania and Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Mid.Penn Urology, Inc. is a professional medical corporation, which, in 1995, and at all times relevant herein, had facilities and offices located at 4700 Union Deposit Road, Harrisburg, Dauphin County, Pennsylvania and 423 North 21st Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania. 4. At all relevant times herein, Defendant R. Scott Owens, M.D. was acting as an agent, apparent agent, servant, member, partner and/or employee of Defendant Mid-Penn Urology, Inc. and acted within the scope of his agency, apparent agency, service, membership, partnership and/or employment. 5. On or about July 21, 1995, while stocking boxes of paper, Plaintiff George Askins felt a pulling pain in his groin for which he was referred to contact Defendant Owens and an appointment was scheduled for August 9, 1995. 1147841CB ,.... 6. At that time. Defendant Owens noted that Mr. Askins' pain wes a constant bilaterallesticular pain. having occurred immediately following his having lifted a heavy box at work. 7. Without performing a complete and thorough physical examination. Defendant Owens incorrectly diagnosed Plaintiff's condition as a non-bacterial epididymitis. 8. Defendant Owens treated Mr. Askins with oral antibiotics and non-steroidal anti- inflammatory medications for a period of one month. 9. Despite Defendant Owens' regimen of anti.inflammatory medications and antibiotics. Mr. Askins continued to complain of constant pulling pain in his groin. 10. On August 18. 1995, Mr. Askins contacted Defendant Owens, complaining that his pain was so excruciating and constant that it caused him nausea. 11. Defendant Owens did not examine Mr. Askins. rather. he told him by telephone. through his receptionist. to stay off his feet, sit in a hot tub. continue with the antibiotics and anti.inflammatory medications, and that he would contact Mr. Askins' employer. requesting thaI Mr. Askins should stay off work because of the constant pain. 12. In a follow-up evaluation of August 25. 1995. Plaintiff George Askins continued to complain of persistent pulling pain in his groin, the constancy of which caused him nausea. 13. Defendant Owens did not perform a physical examination. but merely discussed the complaints and erroneously reassured Plaintiff that his condition was nothing more than epididymitis, for which the antibiotics and anti.inflammatory medications would treat. 14. By mid-September, 1995. Plaintiff continued to seek medical attention with Defendant Owens, ccmplaining of persistent, constant, pulling groin pain, which Defendant 2 ~ Owens, again, misdiagnosed as bilateral epididymitis, end continued to prescribe antibiotics and anti.inflammatory medications. 15. In the following months, Mr. Askins' pain continued so much so, that on occasion, he almost fainted after sneezing. because the resulting groin pain was so debilitating. 16. Defendant Owens was advised of the debilitating pain. but did nothing other than suggest that Mr. Askins take Advil, in addition to the prescribed antibiotics and. again. stated that he would provide a work excuse for Mr. Askins. 17. Defendant Owens told Mr. Askins, "It could be a year or so until you get over this" and further advised. "Keep getting the prescription filled, but don't waste your time coming back until the refills run out." 18. In an office visit of April 22, 1996. Defendant Owens was aware of Mr. Askins' persistent complaints of groin pain with minimal to no relief despite his prescribed treatments as well as the over-the.counter medications he had suggested. 19. Without performing a physical examination, Defendant Owens. again, misdiagnosed Mr. Askins' condition as bilateral epididymitis. but this time suggested that it was chronic epididymitis and related the pain as having been precipitated by the initial lifting event in July, 1995. 20. Ironically, despite Mr. Askins' classic signs and symptoms of inguinal hernias, Defendant Owens documented a "chronic" epididymitis while, at the same time. noting that it was unclear to him why Mr. Askins' condition had not yet resolved, despite repeated antibiotics and anti.inflammatory medications. 3 .. ' ~- 21. In fact, Defendant Owens even went so far as to suggest to Mr. Askins and his employer, that Mr. Askins may nead to have surgical excision of his epididymis. 22. In a return visit of June 7, 1996, Mr. Askins continued to complain of constant pulling groin pain for which Defendant Owens, again, misdiagnosed as bilateral epididymitis of a chronic nature and prescribed Naprosyn and further antibiotics. 23. On or about July 16, 1996, Plaintiff George Askins sought a second opinion from Dr. George Boline, concerning his constant, unresolved groin pain. 24. Dr. Boline noted that Mr. Askins was placed on a variety of antibiotics, anti- inflammatories and over-the-counter pain medications, for what Defendant Owens incorrectly diagnosed as epididymitis. 25. While putting gloves on across the examination room and asking Mr. Askins to undress for the physical examination, Dr. Boline exclaimed, "I can see you have a hernia on the right and there's probably another one on the left." 26. Thereafter, Mr. Askins was immediately referred to Dr. Joanne DeLeo, a surgeon, for further evaluation and treatment of suspected bilateral inguinal hernias. 27. Dr. DeLeo examined Mr. Askins on July 17, 1996 and noted that Mr. Askins' constant pulling pain in the groin had been evident for approximately one year and was related to an incident in July, 1995, after his having lifted a heavy box with "pain ever since." 28. Dr. DeLeo also documented that Mr. Askins' groin pain was constant, "almost daily," with pain worsening on standing, with increased abdominal pressure, with coughing, sneezing and with bowel movements. 4 ro' '- 29. Dr. Boline further noted Mr. Askins as having been "treated for one year by a urologist, who told the patient that he had epididymitis and, finally, the patient sought e second opinion by another urologist, who felt that the patient had bilateral inguinal hernias." 30. Upon examining Mr. Askins herself, Dr. Deleo immediately saw the hernias as did the resident-in-training present with Dr. Deleo, and noted that it was "quite obvious" that Mr. Askins had bilateral inguinal hernias. 31. Dr. Deleo could not understand how the hernias were missed and documented that the bilateral inguinal hernias were "quite obvious." 32. Dr. Deleo explained that the bilateral inguinal hernias were large, which indicated that they were present for a long period of time, in fact, originating from the July, 1995 lifting episode. 33. Dr. Deleo further explained that treatment for inguinal hernias involved surgical repair and laparoscopic bilateral inguinal hernia repair was performed on July 22, 1996. 34. Interestingly, while Mr. Askins was in surgery on July 22, 1996, for repair of the bilateral inguinal hernias, he was charged for an office visit by Defendant Owens, a visit which never took place and which appointment for same had been cancelled one week earlier by Mr. Askins as a result of Dr. Deleo's recommendation for hernia repair surgery by Dr. Deleo. 35. As a direct and proximate result of the negligence alleged herein, Plaintiff George Askins has in the past and will in the future, incur medical expenses in an effort to restore himself to good health. 5 36. As a direct result of the negligence alleged herein. Plaintiff's hernia was permitted to enlarge. complicating his surgical repair and required a longer recovery period than would otherwise not have occurred. 37. As a direct and proximate result of the Defendant's negligence as alleged herein. Plaintiff George Askins has been and will continue to be subject to great embarrassment. humiliation. which would have otherwise not occurred. 38. As a direct and proximate result of the negligence alleged herein. Plaintiff George Askins has undergone and will, in the future. undergo great mental and physical pain and suffering. fear. anxiety. great inconvenience in carrying out his daily activities and a loss of life's pleasures and enjoyment. 39. As a direct result of the Defendant's negligence as alleged herein. Plaintiff lost income and earnings which would have otherwise not occurred. COUNT I GEORGE ASKINS V. R. SCOTT OWENS. M.D, 40. Paragraphs 1 through 39 of this Complaint are incorporated herein by reference by reference as if set forth at length. 41. Defendant R. Scott Owens, M.D. had a duty to provide appropriate and reasonable medical care to the Plaintiff. 42. Defendant R. Scott Owens, M.D. provided medical services to the Plaintiff George Askins, which fell below the appropriate standard of medical care and the damages alleged herein were directly and proximately caused by Defendant Owens' negligence in: 6 ~ . .. (a) failing to properly examine and evaluate George Askins from August 9, 1995 to July, 1996; (b) failing to diagnose George Askins' bilateral inguinal hernias between August, 1995 and July, 1996; (cl failing to determine the cause of the persistent inguinal groin pain reported to him between August, 1995 and July, 1996; (d) failing to recommend that George Askins be evaluated by a surgeon for hernia repair between August, 1995 and July, 1996: (el inappropriately prescribing antibiotics and anti-inflammatory medications between August, 1995 and July, 1996 for persistent inguinal pain symptoms; (I) failing to order any diagnostic tests to determine the cause of George Askins' continuing symptoms of groin pain, which worsened over time with coughing, sneezing, standing, or with any abdominal pressure, between August, 1995 and July, 1996; (gl failing to recognize the signs and symptoms of bilateral inguinal hernias between August, 1995 and July, 1996; (h) misdiagnosis of George Askins' bilateral inguinal hernias between August, 1995 and July, 1996; (i) permitting the size of the bilateral hernias to increase between August, 1995 and July, 1996 and concomitantly increasing the complexity of repair and duration of recovery; and 7 . . r . i 48. At all relevant timas harein, Defendant Owens was acting as agent, apparent agent, servant, stockholder, shareholder and/or employee of Defendant Mid.Penn Urology,lnc. and was acting within the scopa of his said employment. 49. At all relevant times herein, when Defendant Owens was providing care to George Askins, he did so at the direction of the Defendant Mid.Penn Urology, Inc. and was acting within the scope of his said employment. 50. All persons caring for George Askins at Defendant Mid-Penn Urology, Inc. were agents, apparent agents, servants, stockholders, shareholders and/or employees of Defendant Mid-Penn Urology, Inc. 51. Defendant Mid.Penn Urology, Inc., acting through its agents, apparent agents, servants and/or employees, including R. Scott Owens, M.D., is liable for negligence in the management, treatment and care of Plaintiff George Askins as follows: (a) failing to properly examine and evaluate George Askins from August 9, 1995 to July, 1996: (b) failing to diagnose George Askins' bilateral inguinal hernias between August, 1995 and July, 1996; (c) failing to determine the cause of the persistent inguinal groin pain reported to him between August, 1995 and July, 1996; (d) failing to recommend that George Askins be evaluated by a surgeon for hernia repair between August. 1995 and July, 1996; (e) inappropriately prescribing antibiotics and anti.inflammatory medications between August, 1995 and July, 1996 for persistent inguinal pain symptoms; 9 t. . . , " (I) failing to order any diagnostic tests to determine the cause of George Askins' continuing symptoms of groin pain, which worsened over time with coughing, sneezing, standing, or with any abdominal pressure, between August, 1995 and July, 1996; (g) failing to recognize the signs and symptoms of bilateral inguinal hernias between August, 1995 and July, 1996; (h) misdiagnosis of George Askins' bilateral inguinal hernias between August, 1995 and July, 1996; (i) permitting the size of the bilateral hernias to increase between August, 1995 and July, 1996 and concomitantly increasing the complexity of repair and duration of recovery; and (j) failing to provide surgical treatment of George Askins' bilateral inguinal hernias from August, 1995 through July, 1996. 52. As a direct and proximate result of the aforesaid injuries, Plaintiff George Askins has incurred medical and rehabilitative expenses and will, in the future, incur significant medical and rehabilitative expenses, and claim is made therefore. 53. As a direct and proximate result of the aforesaid injuries, Plaintiff George Askins has been and, in the future, will be subject to humiliation and embarrassment, and claim is made therefore. 54. As a direct and proximate result of the aforesaid injuries, Plaintiff George Askins has undergone and, in the future, will continue to undergo mental and physical pain and 10 -' GEORGE ASKINS, : IN THe COURT OF COMMON PLEAS : CUMBFRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC.. Defendants NO. JURY TRIAL DEMANDED SHERIFF DIRECTIONS TO THE SHERIFF: Please serve Defendant R. Scott Owens, M.D., at his place of business, 4~3 North 21st Street, Suite 300, Camp Hill, Cumberland County, Pennsylvania, by leaving a copy of the enclosed Complaint with an adult individual in charge of the business at that time. RespectfUlly submitted, ANGINO & ROVNER, P.C. D",d, 0/17 Nijole . Ison, Esquire I.D. #5 2 7 4503 N rt Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs 104184/CB C) " '. ~~ \~ v :-.J ~--) \.j I . 'J' '-'::J- "'-+ ''J' TJ ~ .~ "- fo(\ "" .t! ' "'I ." ~ ,. ~> ... ~ c. l':" .J '~. (\-( ',.i" - cl <"';', ~ ,~ , . -. . e,j...o ..' Lu .- _w_ .0:'" a:....- en W U) . wZ....< u Z Z _>OZ tl:Oa:w o a: u. c.. :t . ~olll<~ -lOoffi ZZIIl c;Ma: zgo: cl:"~ .. " . " - Cll I~ ... - !:: . . .... (,,-0- : II! r:: I,'r . _ ,,:E1 ~I;':I; I';::' :11\:', CA>:,f', 1:lJ: 1 '.l'-t,"'-t)jl 1', t' ('!IMtlllll't'Jt-:t\I.dl 11'" :':<Hn~~Yl \':\rII!\: (~'ll1nfr'( IIi-' ''::UMP,t.::;f.;\Ui') t\ ~-il': I fj': f d<1 ,1:\ lil-: v:-;. 11W!-:rJ~; H ~-a-::l.lrT 11" ~<I" AI. 1>,\ '<I !/ I.. 1-:I'L1, ,.',hC'Jli~ (It ,It'put,' >:tlt.'r11: 0'1 ('l!MII[ 1.:1 AHfl County, fJennSi'lVanl~, 'Wtl'-) f.,.,,~'lI10 d'll'f :J',{I'I n ']C'CQrdln,~'i to 1;]",,_ sa}'s. the ',1ithin (tl~It'I.t\[flT W;j::3 ~t?r\'c'J U,"lfi i1[i"I-f'l:r:rJ llf~ll1.111~Y (HC t.he 11C'1r:ndant, at 1 '1'1 'i: f~(~ HOUES, lLlq7 ilt /J~1 IIUR rH 'l~; r '<T. . - .'\~n' /111.1., PA 17011 ,)r: t.he ~h day c.f ~ul'.' ,;UIH c.Ql' .l'1.!:1l~ihl.Atirl 1~-r,llnt y, Pennsy 1 Vanl.:l, by handj 09 t,) 3/\1."UULIJ lH MUG'~dC', OFF!CE- ~AII.\L;I':R :l !,-- II P :l n d -3 t. t. €I S t e d C (I P'" Co i '- r-",::- 1-1 1M t ':.., A r III ~,'lgf'ttl('r ....Ith NlJTrl~f': Jnd ~t tho? sarr..? (1m,.:' .jirect.1ng lier ;~t.tl:.'rltlQn t',l) till;' ccntent~ t~lt?rC'Q.t. :~h' 'r ~,:":f' Ei Co:::ts: tlOL.v'E't , n~T fofflrj'"3V.lt "I;rcharqe I-.("Il', . ~J ~ '! . !":'i :. ',)0 "J Q"?~~~ h . i t I ,) !1I;j ~.: t',;. ~ r I '='. ~: I ,=- I .:.':'':' '::,r..' l' ": ,t~'\Y'h' I-dI';IN;.: t\!;;, ;. i'''~l!'L \:1.' '.,"' ;- ("'" I -'~l....:,.., __ ._ ____L_u ..1'-'1' u ~, :,. ,0- \!~"l_ . h-=-r.1 i: '.. : j: :.1 ." 1 '. ,~:: '.: r ' ~-, ,"..;"'>,j t '.,:'::' ~l' . - c~ ; 'l' ::. J. , "L 'hy"r-r7 1'1 "U,_,. ---J.'JL<.. . G. /1 ldL...., 1_:IJl> :": '1' \. . 5-34. The averments contained in Paragraphs 5 through 34 of Plaintiff's Complaint are denied generally pursuant to and in accordance with Pa. R.C.P. No. 1029(e) and proof thereof is demanded at the time of trial. 35-39. The averments contained in Paragraphs 35 through 39 of Plaintiff's 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. COUNT I GEORGE ASKINS V. R. scon OWENS. M.D. 40. Paragraphs 1 through 39 of this Answer with New Matter to Plaintiff's Complaint are incorporated herein by reference as if set forth at length. 41. The averments contained in Paragraph 41 of Plaintiff's Complaint are admitted. 42. The averments contained in Paragraph 42 of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically 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. Owens acted in accordance with the required standards of medical care. 43-46. The averments contained in Paragraphs 43 through 46 of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. averments are specifically 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 the care provided to Mr. Askins was in accordance with the required standards of medical care. 52-55. The averments contained in Paragraph 52 through 55 of Plaintiff's Complaint set forth conclusions as opposed to statements of fact and no response is required. Nevertheless, said averments are specifically denied and proof thereof is demanded at the time of trial. WHEREFORE, the responding Defendants demand judgment in their favor and against Plaintiff. NEW MATTER By way of further answer to Plaintiff's Complaint, the responding Defendants offer the following new matter: 56. The responding Defendants believe and therefore aver that Plaintiff's claims are barred in whole or in part by the negligence and/or contributory negligence of the Plaintiff. VERIFICA TION I, R. Scoll Owens, M.D., hereby state and aver that I have read the foregoing RESPONSE OF DEFENDANTS, R. SCOTT OWENS, M.D., AND MID-PENN UROLOGY INC., TO PLAINTIFF'S 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.S.A. 9 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penal,!ies. ~~ \... ) " ..i- /~ // ;. ' - ~ t/- "17) I R. SCOTT OWENS, M.D. DATED: ~ It' 1':' :'.J.l ~ . r;\ I.' (.\; .-, C1 l..;,' . I I..: .' j' I (~ l:~ ;.) ,.... ,~h , , C',t : r-, r:' I.. ~ ~ 0- ~ :; ... ... _a ~ Gl .. ""'i 0- 0 '" 01 E ~ ... 0- 01 ~ a z 01 0 ... ~ ~ . .; 0- 0 ~ Gl ~ E x ~ 0- 0 Gl ~ ~ '" 0 ~ it .. ~ z ~ t:l .. ~ 0 x E M ... ~ k>~-~~~;?t:(.-~i; ~~t>p, ,t ~rr. ~r. ~;H~. ..."'........_... ,..... :').1'> _ ,', _ . _ '~. " ,. .; ~ i;:'! [1,,,~..,. , ...'" _.f. _" __,_ '. ;~t\:~;; >';'.~ iiI. '1;;;.l]c= r~. ~ !~i.".'.";"'.'.:'.'. '.~~:..f'~." ,;.......... 0'... " ".....-a: -, ".',)..~ ...'0: . f:t,o".:.':_, " '~i,"..: ,S' 1',.~,-i."".,-,o:tS_ i:I:.O'J .. t:. }~:'{~~::f~:O .~,: ~.. ", i!S ":I: br:'~; , i;,~ ; - '.' "('" ': . . .... .. t"", ",; ':.'",1 .....' "'-, l:<_';:' 1".., \' .... '.', I . ....., ..,',:.. : ; - ~. " -~. r-..:, . l/.':~".';':,.:" ~, '" .. ,,,.Llr. t:_:"''';'' '-.ak i"... '. .. I i .j VERIFICATION I, NIJOLE C. OLSON, ESQUIRE, Attorney for Plaintiff, do hereby swear or affirm that the facts set forth in the foregoing PLAINTIFF'S REPL Y TO NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Respectfully submitted, GINO & ROVNER, P.C. Dated: ?h h 7 32929/SLR CERTIFICATE OF SERVICE I hereby certify that I, Candice M. Baker, an employee of Angino & Rovner, P.C., have this date served a true and correct copy of Plaintiff's Reply to New Matter upon the parties listed below via United States first class mail, postage prepaid, addressed as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Dated: ~~9tr~ Candice M. Baker I 65450/LAJ -'- Cl ,- C' 0, .' -. .'- ; ll1';::: .- 0 , l'J _.~ ...( , I" . fo.. -i' II " ':'::J .. C' ,..; u..:'- rr:l . ::-~ - II, r- ~-j 0 0' U r;i~1l)\i.\*~. ~-', ;'. .t,Te-.-, I&p."ri':',,:-.l',... , (;,;,,:\~."":"""'" :~;J{r~{.'..;::.".. kl. \-"'\~ ,. .". :;:jP,:":-".' .,r''1'- ". ....... '.:,~;',,; I.:" ...', ' 1 .', ''-~'~v;~~:;'t'~~)r:';:': , i .' .' ~< ~~-_~,1.'~"'( _,t...'-,,- '" " ,:>!,~' ' ,',;- ",,-,," J .,..C_' ., "'J. ~,; , . .t.'.;:'~-:;::... I ,..'.... "'c:..s '-' " ,.. . Iii' '.'.~ . ~,\\(b.t ~.-=: ~ (' ~ ~:;f I,.,~~... ~~'..'I ; -:fa:l:I~ . L ~ , . oIi:S :r ii:.' f;:' ,. ... 16 ~ ~ . 6- r ~ z a:, II, S s~ -...'" ' f ..... -< , v j f {' ..0" /'.'. :' /,.' !" '!, , r \ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE ASKINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW R, SCOTT OWENS, M.D, and MID-PENN UROLOGY, INC., NO. 97-3615 Defendants. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital 503 N. 21st Street Camp Hill, PA 17011 (Name of Person or Entity) Within twenty 120) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, office notes, billing records, correspondence, charts, or any other documents or records, without limitation, pertaining to George Askins, Social Security Number: SS# 350-30-0384; DOB: 2/16/41 at Thomas, Thomas & Hafer, 305 N. Front Street, P. O. Box 999, Harrisburg, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documer.ts or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: James J. Dodd-o, Esauire Thomas. Thomas & Hafer 305 N. Front Street, P. O. Box 999 Harrisbura. PA 17108-0999 TELEPHONE: (717) 255-7645 SUPREME COURT IO#: 44 6 7 8 Prothonotary/Clerk, Civil Division Deputy ATTORNEY FOR: Defendants DATE: Seal of the Court Oi)lCl111Vr >- r-: [T; (') ~. t-.: N ll.l';' '...'.;' (.).. .- - .-' 1.:..,' '- .. l:"_i I' , ~)( .;-; (:t C-.J U.I -" 21 ,,~ 'l:lj "- It:';' I"" ; -- ~ :c ':5 ,,- CO 0 0' 0 ...~.-.".--. CERTIFICATE OF SERVICE I hereby certify that I, Candice M. Baker, an employee of Angina & Rovner, P.C., have this date served a true and correct copy of the attached Praecipe for Listing Case for Trial, upon the parties listed below via United States First Class Mail. postage prepaid, addressed as follows: James J. Dodd-o. Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg. PA 17108-0999 - .,jL~ / I / ;and ice M. Baker 65450/LAJ -.... '- "-~ '" r:.- ..-. , - u " N (.1.... ; ..:'1 . : t.'_ .". ...:.. '-:'.: l' _ .~ (');-.. h"t' C...... N ~... C~ .-. i ~-I L...:.~ "..: >':1;.1..0 ,- :1; ,'- CO :5 c 0' u GEORGE ASKINS, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN1Y, PENNSYLVANIA NO. 97.3615 CIVIL TERM R. SCOTT OWENS, M.D. and MID-PENN UROLOGY, INC., JURY VERDICT SLIP 1. Do you find that the care provided to George Askins by Dr. R. Scott Owens/Mid-Penn Urology was negligent? YES NO x If your answer is NO to this question, your deliberations are over and you should return to the Courtroom. If your answer is YES to this question, please proceed to Question No.2. 2. Do you find that the care provided to George Askins By Dr. Scott Owens/Mid- Penn Urology was a substantial factor in causing Mr. Askins Harm? YES NO If your answer is NO to this question, your deliberations are over and you should return to the Courtroom. If your answer is YES to this question, please proceed to Question No.3. 3. Enter an amount of money you find appropriate to compensate Mr. Askins for his injuries. $ Date !; /; (J I/? ~. ~ !z,!t1r 1>1" / I i ! :' /' :' .- I I. . /) F1reperson/ '---