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sprayed it with Vitaphene, an anti-microbial. Upon rcalizin!lthat he had extracted the wrong
looth, Or. Fields tclepholled the refe~rin!l orthodontist, Dr. Alba, and Dr. Hiltz, an endodontist,
for their recommel1Lllllions al1Lladvice. Aller speakin!l with Dr. Alba and Dr, lIiltz, Dr, Fields
proceeded to reimplanted both tooth No, 4 and No, 5 in the hopes that one of them woald
remain. It was recognized. however, that eithcr tooth No, 4 or tooth No.5 would cventually need
to be removed in order lor thc orthodontics to be perlomled by Dr, Alba,
Thcreat1er, tooth No. 5 was removed and the space lell by samc allowcd Dr, Alba to
accomplish his orthodontics on Christopher MaeDonal41. Tooth No, 4 was incorporated into the
rcposilioned dental urchitccture by Dr, Alba, Christophcr MacDonald's dcntal rccords indicate
tbatthe last time he saw a dcntist or other orul healthcare provider was in July of 2002. As of
February 10.2004, Christopher MacDonald slill had tooth No, 4. although he now claims that it
is now, over eight years latcr, causing him pain,
II. Statement of Basic Facts as to Damol!es
See Plaintiffs' Pre-Trial Memorandum. Moreover, Plaintiffs have the burden of proving
damages. To date, Plaintiffs have produced documents indicating dental bills in the approximate
amount of $3.450.47, However, the $2.700,00 bill from Plaintiffs orthodontist is not
recoverable since it is not related to the mistaken removal of tooth No, 4, but rather is related to
orthodontic care and treatment provided to Christopher MacDonald, Plaintiffs also claim a
dental bill from Dr, Roscnbcrg. howcver. Dr. Rosenbcrg was not onc of Plaintiffs treating oral
health earc providers. but instead. was an cxpcrt retaincd by Plaintiffs' counsel; as such, the costs
associated with Dr. Rosenberg's examination arc not recoverable. Moreover, dental bills
recoverable arc limited to the amounts accepted in payment. Moorehead v. Crozer-Chester
Medical Center. 765 A.2d 786 (Pa, 2001),
extracted and replaced by implant by the admission of Delendanl's expert, Jerold Miller. O,D,S.
That procedure will cost approximately $2.700 00.
As a result of Dr, Fields' negligence, Christopher MacDonald, at each appointment was
scared, apprehensive and was reluctant to go to each visit at the denlist
Subsequent treatment by Dr. Fields' associate, Dr, Williamson, Christopher's jaw was
locked and causing him great pain, However, no action was brought against Dr, Williamson for
this situation,
Seven days after the Defendant's negligence, the Plaintiffretumed for x-rays and nerve
tests which required drilling of the teeth and insertion of medication; all which caused him great
pain, From that day forward, Christopher has been required to undergo frequent tests and each
said test has caused him great pain and will conlinue causing great pain, anxiety and fear,
Now, years later, although the tooth is still in his mouth, Christopher is experiencing
severe pain, It is apparent that the tooth will have to be extracted, An implant, crown and
titanium abutment will be required,
II, Statement of Basic Facts as to Damallts
The great majority of damages in this case is the pain and suffering caused by Dr. Fields'
negligence, The hours of frustration in fear in the dental chair can only be measured in thousands
of dollars.
III. Principal Issues as to UabiliQ' and Damallts
As a matter of fact, there is no legal issue as to medical malpractice in this case, The
Defendant and all his witnesses indicated that the wrong tooth was extracted although it was
- 2.
Chri.toph~1' Matlltij}lIhJ
l'II,c:"
The history of the generlll dentislllnd the orthodontist provided hefore 1 <)<)() dearly
shows thut thlltthc orthodontist referred paticntto the general dentist for extraction
of certain deciduous teeth. It is c1earlr indicated in the chart that extraction of tooth
#4 and 5 were extracted ufter udmmistnlting local unesthesia. It is ulso c1eurly
identificd in the churt thllt the wrong tooth (#4) was extnlcted by mistuke and also
sprayed with Vitaphene. The general dentist immediately called Dr. Alha and Dr.
Hiltz regarding implantation and the tooth was reimplanted.
At the time of examination some months later, it appears that the tooth still has some
vitality, growth and development. Regarding the prognosis of the teeth, again, this
will only be able to be indicated by continued follow-up procedures with radiographs
and examinations.
I would strongly suggest that the patient, Christopher MacDonald be rderred to Dr.
L.ouis Rossman, who is an endodontist specialist m Philadelphia. He is a member of
a committee which was created by the American Association of Endodontists to
discuss the particular injuries that were suffered hy Christopher and he practices in
Philadelphia.
Apparently at the time of extraction, the first permanent bucusl?id was inadequately
extracted and sprayed with vita:rhine according to the transcription of the chart. It is
very hard for me to make hea or tail of what transpired from what is in this chart.
Nevertheless, once the general dentist had realized that this area had been done, he
tried to correct the situation by thoroughly wushing off the tooth. However, I am
sure that at this time there must have been some necrosis of the vital periodontal
ligament and progenitor cells as a result of the vitaphene having been sprayed onto
the tooth.
The general dentist apparently then contacted the orthodontist and the endodontist
to inform them of the mistake. The tooth was immediately reimplanted and some
type of fIXation appliance was placed temporarily. There is some discussion
regarding calcium hydroxide. I cannot make out whether the tooth was opened and
calcium hydroxide placed in the canal or whether the outer surface of the tooth was
covered with calcium hydroxide.
At the time of this examination, the patient has a fIXed appliance in place.
Radiographically as I indicated the apex of the tooth cannot be seen. The
periodontal ligament around the tooth in question appears to be somewhat
narrowed, however, this could be a radiographic interpretation. The canal in the
tooth radiographically also appears to be far less patent than the contralateral tooth
on the opposing side of the arch. It is my feeling that with time there will be
resorption of the root of this tooth and calcification of the canal which may then after
some time require that this tooth to be extracted and replaced by an implant. It is
also possible that the tooth will anklyose with external roOl resorption and the root
may in the future have to be replaced by a restorative prosthesis or implant
prosthesis.
Chrillophcr MacDonald
Paid
In the panoramic x-ray that I have available and the periapical x-ray, it appears that
there will be sufficient bone in the future for implant plncement. Therefore I do not
think that. should be a vital concern for the patient.
It would make a lot of sense to me if in fact the dentist could have typcd out in detail
the charting such that it could have been clearer for us to r~ud'
At this time it appears to me that although both teeth #4 llnd 5 were extracted
inadvertently, placed in Vitaphene and then reimplunted intllthe mouth, both from II
pulp test point of view with values of up 10 75 for the tooth #4, 5 exceeding those of
the surrounding and adjacent teeth, that this tooth has in fact lost vitality. In addition
to this is the evidence supplied by the general dentist in the bitewing x-rays and
pcriapicals supplied, that there is definate root resorption, and, it appears to me that
there is a lack of definitive periodontal ligament.
It is obvious that this tooth in time will suffer external root resorption and
disintegration of the root with eventual loss of that tooth. At that time a scan will
have to be taken in order to ascertain whether an implant can be placed in this
position where the premolar tooth #4 or 5 has been extracted. In my opinion there
should be no concern regarding implant treatment at a later stage.
There is, however, a consideration to be made, and I think that it is an important
consideration, as to whether the implant should be placed after a growth sprurt has
been completed at approximately a~e 18-20, or, whether the implant should be
placed when the root of the tooth IS resorbed. The reasoning there is that the
Implant and the implant supported crown supported crown can in fact aid in the
orthodontic tooth movement. However, this is a decision that should be made by the
Parents, Patient, Dentist, and Orthodontist.
In my experience, the problem related to the placement of an implant in the first
bicuspid position, that is rosition #5, will not be a serious problem. However,
obviously, the patient wi! have had unnecessary treatment as a result of the
inadvertent extraction of the premolars and the reimplantation. What is not clear
from the records is as to which tooth was eventually extracted either tooth #4 or 5,
althoullh the remaining premolar on the x-rays appears to be a two-rooted bicuspid,
indicatmg possibly that it is tooth #5 that has been left and tooth #4 has been
extracted.
If there is anything else you wish to discuss with me regarding Christopher
MacDonald, please call me at your soonest opportunity.
/' I
s;::~rel" {? I~:." ('
Edwl~. RoSenberg\D.s., H. DIP. DENT., D\t.,D.
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truc and corrcct copy ofthc Order of Judgc Kcvinlless is llllllehcd herclo and marked as Exhibit
UA",
5. In thc Order. Judge Hess also specilically stllted that counsel shall be deemed
llllllChcd for thc purposes of lrilll during the Murch 2004 Tenn. See bhibit "A".
6. Thcrelll1er. on October 28. 2003. Defendunt servcd Plaintiffs wilh Supplemental
Interrogutorics. A true and correct copy of the Supplementul Interrogatories is attached hercto
and markcd as Exhibit "B".
7. Thc SUpplclllclllullnterrogatorics consisted of only tlnlr (4) Illlcrrogatories; these
Intcrrogatories pcrtain to whcthcr or not Christophcr MacDonald still had tooth number 4, and if
not. when it was intentionally or unintcntionally removed. See Exhibit "B".
8. According to Pa. R.C.P. 400(, and 400<).12. Plaintiffs' responses to thc
Supplemcntal Intcrrogatories would have hecn duc within thirty (30) duys from the date of
service ofthc discovcry requcst. or no later lhun November 28.200].
9. On January 5. 2004. Counsel for Defendunt forwarded correspondence to Coansel
for Plaintiffs in which they rcquestcd thc Answcrs to thc overdue Supplemcntallntcrrogatories
forwarded on Octobcr 28. 2003. A true and correct copy of Counscl for Defendant's
correspondence dated January 5. 2004. is attachcd hereto and markcd as Exhibit "C".
10. As of the datc of tiling this Motion. COllnsel for Defendant had not receivcd
Plaintiffs' Answers to the Supplcmental Interrogatories.
II. It also is important to note that in accordance with the Order of Judge Hess, on
September 26, 2004. the last day to list a cuse lor trial for thc March 2004 Trial Term. Defendant
filed a Praecipe listing this case for trial.
ExhIbIt A
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Exhibit B
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III. ARGUMENT:
Pennsylvania Rule of Civil Procedure 4006 requires u purty to serve unswers 10
Interrogatories within thirty lIays of service of sume. In this euse, supplementullliscovery was
served on Octobcr 28. 2003. Despite a tilllow-up letters from Counsellor 'oelcnllantto Counsel
for Pluintiffs. no objections llI' answers to the Supplemenl~i1lnterrogutories h~lve been received to
dute. Plaintiffs also haw never I'equestcd ~1I1 extension of time to provide responses to the
outstanding discovery.
The thirty (30) day time limitation imposell by Pa. R.C.P. 4006 has expirell. Plaintiffs'
failure to timely respond to the supplemental discovery requests in this case is in direct violation
of the Pennsylvania Rules of Civil Procedure. Because of the Plaintiffs' failure to provide these
discovcry responses. Counsel for Defendant is lell in the posilionof having there bc oatstanding
discovery in a case for which Judge Hess has attached him for Trial in March 2004. This is
important to note because the Call of the List for the Marl'll 2004 Tri~ll Term is on Fcbruary 17,
2004, and if Defendant has not received Plaintiffs' Answers to Supplemental Interrogatories by
that time, Defendant will be unable to represent to the Coartthat discovery is completed and the
case will be strickcn from the list. This would prejudice Dclcndam who has been litigating this
case since 1998 and who have already obtained an Ordcr from Judge Hess that the case may be
listed for trial lor the March 2004 Trial Term and that Counsel was attached for same.
Defendantthereforc requests that Plaimiffs be ordered to providc Answers to the Supplemental
Interrogatories prior to February 17.2004.
IV. CONCLUSION:
For thc foregoing reasons. DefemJant. Charles Fields, D.D.S.. submits that this Honorable
Court should orller the Plaintiffs to serve full and completc answers. without objections, to
b. Failure to utilize proper diagnostic procedures and techniqucs to determine which
toolh needed to be cxlracted;
c. Failinllto carcrully and thoroullhly consult with Ihe minor Plaintiffs parmts prior
to exlraction of the toolh;
d, Failinllto thoroughly evaluate and properly interpret the dental rccords and chart
presented to the Defendant;
c. Nelllillently eXlractinllatooth other then that which WlS in need of care beinll
toolh number S and such olher nelllillentacts and omissions, which may be discov=d in
the course of Iitillatinll this action.
8, As a direct and proximate result said conduct of the Defendant, the Plaintiff received the
followinll injuries or damalles:
a. Injuries tll Plaintifl's body and nervous system including mental and physical
injury, pain and suffering and pcnnanent disability, all to Plaintiffs damage, in an
amount not presently fully known but within the jurisdictilln of this Courl.
b. Special medical, dental and incidental expenses. according to proof.
9. .....fter realizing his error the Defendant re.implanted two of the teeth he had
pulled after sterilizing them in a sterilizing material. The permanent bicuspid teeth number 4 and
S had been sprayed with Vitaphene. Although the teeth were re.implanted these teeth will have
to be extracted again and replaced with implants. It is also contemplated that the teeth will
anklyose with external root resorption and the roots will have to be replaced with a restorative
prosthesis or implant prosthesis.
10. The minor Plaintiff returned seven days later for x-rays and nerve tests which
required drilling of the teeth and the insertion of medication, all of which calL~d him great pain.
From that date until the present Christopher has been required to undergo frequmt tests and each
of said tests have caused him great pain and will continue causing great pain. anxiety and fear.
11. In the future the minor Plaintiff will be required to have a bone graft to the site of
the implant to broaden and strengthen the site. This procedure requires approximately 6 months
of healing time and will cause the minor Plaintiff l<mg hours of pain and suffering, many
sleepless nights and will require the taking of pain medication and sedatives. The cost of the
bone graft is estimated to be 53.000.00 and the cost of the implant procedure is estimated to be
510.000.
12. As a further direct and proximate result of the Defendant's negligence, the minor
Plaintiff was compelled to incur other expenses by havinll his jaw treated by other dentists all to
minor plaintiff's further damage in an amount yet to be determined.
13. As a direct and proximate result of negligence and WlIkiIled nature of the
treabllmt to PIaintiffby the Defendant Plaintiff suffered extreme pain and mental anllUish and
will continue to suffer extreme pain and mental anauish in the future.
WHEREFORE, Plaintiff, Chriatopher MacDonald, a minor requests judamenta.ainat the
Defendant in exceu of5H,OOO.OO.
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of Moving DclcmlulIt's Supplcmcntul IntcrrogullJl'ics und Supplemcntul RC~lucst lor Production
of Documcnts urc uttachcd hcrcto llllllmllrkcd us Exhibit "A,"
5. According to I'll, R,C.p, 4006 ami 40m,12, Plail1liffs' rcsponscs to thc
Supplcmcnlul IntcrrogUlorics und Rcqucst lor Production of Documcnts would huvc bccn duc
within thirty (30) duys Ihllllthc datc ofscrvicc of the discovcry rcqucst, or no later thun Junc 29,
2002.
6. Pluintiffs fuilcd to limely tilc u rcsponsc 10 thc supplcmcntal discovery, so by
corrcspondcncc datcd July 23. 2002. Counsel lor Moving [)cf'cn<lant rcqucstcd thuI Plaintiffs'
Counscl providc rcsponscs to thc overdue discovcry rcqucsts no latcr thun August 23. 2002, A
true and corrcet copy ofCounscllor Moving Dclcndant's corrcspondcnce datcd July 23, 2002, is
attuchcd hcrcto und markcd us Exhibit "B",
7, Plaintiffs failcd to rcspond 10 Moving Dcfcndant's supplcmcntal discovcry by
August 23. 2002.
8, Thcrcal1cr. on Scplcmhcr 9. 2002, Counscl for Moving Dcfcndant oncc again sent
corrcspondence to Counscl for Plaintiffs rcqucsting that Plaintiffs providc rcsponscs to thc
outstanding discovery or that Moving Dcfcndant would bc forced to tilc a Motion to Compel
same, A true and corrcct copy of Counscl for Moving Dcfcndant's corrcspondence dated
Scptcmbcr 9, 2002, is attachcd hcrcto and mark cd as Exhibit "C",
9, To datc. Plaintiffs havc failed to providc any rcsponscs to Moving Dcfendant's
supplcmental discovcry. nor has Counscl for Plaintiff~ cvcr contactcd Counscl for Moving
Defendant and rcqucslcd an cxtcnsion oftimc to providc answcrs,
10. Thus. Moving Dcfcndant rcqucsts that Plainti ffs bc ordcrcd to rcspond to
Dcfcndant's supplcmcntal discovcry rcsponscs, without objcction. within tcn (20) days,
Exhibit A
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(717) 441.7051
ebGlthlew,eom
September 9, 2002
William T. Smith, Esq.
3747 Derry Street
Harrisburg, PA 17111
RE: M!l!1,QQnald. et al. v. Fields. D.D.S.
TT&H File No. 355-71481
Dear Mr, Smith:
On May 30, 2002, we served Supplemental Interrogatories and a Supplemental Request
for Production of Documents and Tangible Items,
On July 23. 2002, we wrote you, reminding you that we had served these supplemental
discovery requests on May 30, 2002, and asking that you provide responses to the written
discovery not later than August 23. 2002,
This letter Is to advise you that having had no response at all from you, we are preparing
a Motion to Compel answers to discovery,
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
EB/rsr:332ss,33
bee Jim Frazier, Territory Manager, MedPro File No. 24'7760
Charles R. Fields. D.D.S. (Personal and Confidential)
Jerold W. Miller, D.D.S., F.I.C.D. (Personal and Confidential)
bloc Stephanie
Evan Black
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Dr. Edwin S. Rosenberg
Curriculum Vitae
Dr, Edwin S, Rosenberg attended dental school at the University of Witwatersrand and
received his Dental Degree before coming to the U,S, to attend the University of Pennsylvania
School of Dental Medicine, Dr, Roscnberg continued his studies at the University of
Pennsylvania School of Dental Medicine where he received his Certificate in Periodontics and
Certificate in Periodontal Prosthesis,
Currently Dr, Rosenberg maintains faculty appointments as Professor of Periodontics at
the University of Pennsylvania School of Dental medicine and Clinical Associate Professor of
Medicine (Dental Medicine) at the Medical College of Pennsylvania, He is Director of Graduate
Periodontics and Clinical Director of Periodontal Prosthesis at the University of Pennsylvania
School of Dental Medicine,
Dr. Rosenberg serves as a director of the Implantology Center at the Medical College of
Pennsylvania and as a consultant to the Implant Center at Graduate Hospital in Philadelphia,
Dr. Rosenberg is a Diplomate. American Board of Periodontology, He is a member of
many professional and scientific societies in the U,S, and abroad. and scrves as an active member
of numerous local societies in Pennsylvania and the Delaware Valley, He is the past president of
the Philadelphia Society of Periodontology,
An honored recipient of many prestigious awards and honors. Dr, Rosenberg has most
re~ntly received the Clinical Research Award of the American Academy of Periodontology;
Hakasui Award for his contributions in the field of Periodontics and Prosthodontics by the
Japanesc Dental Association in Osaka. Japan; Graduate Periodontics and Perio-Prosthesis
Students Award for Best teacher and Lecturer; Fellowship n the College of Physicians of
Philadelphia and Fellow of the American and International College of Dentists, and the recipient
of the Lester Burkett L.ecture Award,
Dr, Rosenberg's articles, books. research abstracts and book chapters have been widely
published in the last ten years,
Dr, Rosenberg frequently lectures in post-graduate courses in the U,S. and throughout the
world. and is internationally recognized as one of the leaders in the field of Periodontics and
Periodontal Prosthodontics, Dr, Rosenberg is also the recipient of the 1. George Coslet Award
for Teaching Excellence.
(;:'om",c IlrtN;;!tICli<<lfllIMlcl)nnaldl,Rul'I4..'Oht:rg CV l)l.)"o2.oI,wpd
Ot/22/87 12:.e FAX 215 735 8eee
DR. ROSENBERG
CllNIcIpbw MItOaoIaId
'''' 4
....hiltory of the aeueraJ dentist ond are not ??? belore 1996 it is clearly evident that
the orthodontist referred patient to a aeneral dentist for extraction of ccnain
deciduous teeth. It Is clearly indicated in the chart that emBelian tooth #4 and S Y4S
extracted after admini.oltrating local anesthesia. It is also clearly Identified in the chart
that the wrona tooth (#4) was extracted by mistake and was spraYlld by Vltafem.
The senera) dentist lminedJately caJled Dr. Alba and Or. Hiltz reprdinS
Implantation and the tooth was lmrDediately reimplanted.
At the time of elalmmation some months later, it appears that the tooth still ba$ some
vitality and growth and development appears to be normal. Regarding the prognOlil
of the teeth, again, this will only be able to be Indicated by .:ontinued follow-up
procedures with radio~phs. However, at the time of the examination everything
appears to be progressmg well.
I would su~est that Christopher be referred to Or. Louis Rossman, who Is an
endodontist m Philadelphia. He is part of a committee which was created by the
ME to discuss the parncular injuries that wcre suffered by Christopher.
U ~ere ~ anything else you wish to dbcuss with regarding young Christopher, please
dOn t hcsltate to call me.
Apparently at the time of extraction, the permanent bucu:;pid. was incorrectly
extracted and sprayed with vitaiein according to the tran:scrlption of the. chart. It rs
very hard for me to make head or tail of what was going on from what is in this chart.
Nevertheless, once the general dentist had reJeazied that this area had been done, he
tried to correct the situation by thoroughly washina off the tooth. However, I am
Sllle that at this time there must have been some sort of necrosb of the vital
periodontal ligament and progeniton cclls as a re$ult of the vitalein having been
sprayed onto the tooth.
The general dentin apparently then contacted the orthodontist and someone else,
who I cannot q,uitc make out, to inform them of the mistake. The tooth was
immediately reunplanted and some type of fixation appliance was placed
temporarily. There is some discussion regarding calcium hydroxide. I caMot make
Ollt whether the tooth was upened and calcium hydroxide placed in the canal or
whether the outer surface of tfle tooth was covered with calcium hydroxide.
At the time of examination, the patient has a is fixed appliance in place.
Radiographically as I indieated the apex of the tooth cannot be seen. Tbe
periocfontaJ Ilpment around the too~ in que~tion app~ars to be somewhat
narrowed, however, this could be a radJograplilc mtllrpretahon. The canaJ in the
tooth radiographicalJy also appears to be tar less patent then the contralateral tooth
OD the opposina side of the arch. It is my fee1lr.a that with tlm~ there I"l!8Y be som~
relorption of the root of thls tooth which may then after some bIDe requU'e that this
tooth to be extracted and replaced with an implant. It Is also possibl~ that the too!h
may in fact become anklyosed and slowly resorbed over time and a,i3Jn some time m
the future have to be replaced by some IWtd of fe5torativll prosthesIS or implant
III 005/008
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COllNT I
CHRISTOI'UF.R MACDONAU), A MINOI~, v. CUAI~LF.S FinDS, DDS
5, The averments contained ill parugraphs ).4 of this Answer with New Multcr to
Plaintiffs' COl11pluint ure incorporatcd herein by rcti:rence as ifsetlllrth at lellgth,
6, The avcrmcnts contained in paragraph 6 set tllrlh conclusions as opposcd to
stutcl11ents of tilet and no response is rC'luircd, Nevertheless. said avcrments arc denied and
proof thereof is dcmandcd at the timc of trial. Furthcrmore. atalltimcs relevunt hereto. Charles
Fields. D.D.S, uetcd in accordance with the rC'luircd standards of dentnl care und did not cause
Plaintiffs' alleged injurics,
7, The avermcnts contained in parugraph 7 sct/i.lI'lh conclusions as opposed to
statcments of tact and no rcsponse is re'luircd, Ncvcrthelcss. said avcrments arc denied and
proof thereof is dcmanded ut the time of trial. Furthcrmorc. at alltil11cs relevant hereto. Charles
Fields. D,D,S. acted in accordance with thc rC'luircd standards of dental care and did not cause
Plaintiffs' allcged injuries, In addition. Pluintiffs have agrccd to dclctc fl'llm thc Complaint
subparagraphs 7a and 7c [sic I. which ti.lllows subparagraph 7d_
8, The avermcnts eontuined in parugraph 8 sct ti.lrth condusions as opposed to
stutcl11ents of the! .lIld no rcsponse is required, Ncvcrthelcss. said averments arc denicd and
proof thereof is demundcd ut the time of trial. Furthcrmorc. at ulltimcs relevant hereto, Churles
2
15. Thc awrmcnts contuincd in puru~raph 15 sctlhrth conclusions as opposcd to
statcmcnts of fuet und 110 rcsponsc is rClJuircd, Ncvcrthelcss. suid avcrmcnts arc dcnicd und
proof thcrcof is dcmandcd atthc timc of trial. Furthcrmorc. ut ulltimcs relcvant hcrcto. Churlcs
Fields. D,D,S, actcd in accordancc with thc rcquired stundards of dental care and did not cause
Plaintiffs' alle~cd injurics. In uddition. the respondin~ Defendunt is without knowled~e or
int'lrmation sufticient to either admit or deny the uvcrments contuined in parngruph 15 of
Pluintiffs' Complaint.
16, Thc averments contained in paru~rnph 16 set thrth conclusions as opposed to
statements of tllct und no response is relJuired, Nevcrthclcss. said avermcnts arc dcnicd and
proof thcreof is dcmandcd atthc timc of trial. Furthcrmorc. at all times relevant hereto. Charles
Fields, D,D,S. lIctcd in accordllncc with thc rcquired stllndllrds of dcntal care and did not eausc
Plaintiffs' alle~cd injurics, In lIddition. thc respondin~ Defendant is witholJt knowledge or
inl,)rmlltion sufticicnt to either admit or deny the averments contained in paragruph 16 of
Plaintiffs' Complaint.
WHEREFORE. the rcsponding Defendant demands judgment in his favor and against
Plaintiffs.
NEW MATTER
By way of further responsc to the allegations contained in PIlIintiffs' Complaint. the
responding Defcndllnt hereby raises the following Ncw Maller pursuant to Pa.R,C,P. 1031:
4
17. All carc and treatment rendered to Christophel' MacDonuld by the respondinlo:
Dct~ndant und his ugents. servunts und employees was uppropriute. reusonuble und within the
rcquired stundurds of care and did not cuuse Plaintiffs' ulleged injurics,
18, Plaintifl:~' Complaint lilils to stute a cause of action upon which relief can be
grantcd,
19, To the extent that evidence may show that othcr persons. purtnerships.
corporutions. or other legal entities caused or contributed to the injuries and/or lhe exacerbation
of the pre-existing conditions of Plaintif!: Christopher MacDonald. us alleged. lhen the conduct
of responding Dc!cndant was not the proximate cause of such conditions or injuries.
20, Injuries and damages. if uny. susluined by the [>luintiII~ as averred in the
Complaint. were caused in whole or in part by persons or entities owr whom the responding
Defendant had no duty to supervise 01' controL und therefore. the rcsponding Defendunt is nol
liable and Plaintiffs muy not recover ugainst him.
21. Plaintiffs' injuries and losses. if any. were not cuused by the conduct or
negligence of the responding Delcndunt. but rather were cuused by conditions and causes beyond
the control of the responding Defendant: thereliJre. Pluintiffs Illay not recover against him,
22. Any acts or omissions of the responding Dc!cndunt alleged to constitute
neglilo:cnce were not substantial contributing fuctors to thc injuries und damages alleged in
Plaintiffs' Complaint.
23. The acts or omissions of others und not respondinlo: Defcndant constitutes
intervcning undlor superseding cuuses of the injuries and/or dumages allelo:ed to have been
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4. As no objections or response was received to any of the written discovery,
the materials were resent to Plaintiffs on June 25. 1998, (A copy of the June 25, 1998
correspondence enclosing the discovery Is attached hereto as Exhibit C,)
5. Numerous telephone calls and letters have gone to counsel for the
Plaintiffs to request that discovery responses be provided, To date, Plaintiff has not
filed objections or discovery responses, nor has he proposed any dates for depositions.
although the depositions of Mr, and Mrs, MacDonald have been arbitrarily noted by the
Defendant for December 7. (Copies of correspondence dated August 13, September
25 and November 6, 1998 are attached hereto as Exhibit D.)
6. Plaintiffs' repeated failures to respond to Dr. Fields' written discovery Is in
violation of Pennsylvania Rules of Civil Procedure 4003,1,4003,5,4006 and 4009,12.
7. Dr. Fields cannot adequately evaluate this matter nor adequately prepare
defense for trial without full and complete answers to his Interrogatories, Expert Witness
Interrogatories and Request for Production of Documents,
8, Defendant Dr, Fields has been severely prejudiced by Plaintiffs' failure to
answer his written discovery requests by Plaintiffs' failure to proceed with this action,
WHEREFORE. Charles Fields. 0,0,5,. Defendant, respectfully requests that this
Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 4019.
compelling Plaintiffs to serve full. complete and responsive answers to the
2
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b. Failure to utilize proper diallllostic procedures and lCchniques 10 determine w
tooth needed 10 be eXlracted;
c, Failing to cardully and thoroughly consult with the minor Plaintiffs parents
to exlrllction of the tooth;
~. Failing to thoroughly evaluate and properly interpret the dental records and c
presented to the Defendant;
c. Negligently exlrllcting a tooth other then that which was in nc.ed of care being
tooth number 5 and such other negligent acts and omissions, which may be discovered in
the course of litigating this action,
.
8. As a direct and proximate result said conduct of the Defendant, the Plaintiff received the
following injuries or damages:
a. Injuries to Plaintiffs body and nervous system including menial and physical
injury. pain and suffering and permanent disability, all to Plaintiffs damage. in an
amount not presently fully known but within the jurisdiction of this Court.
b, Special medical. denl.~l and incidental expenses, according to proof,
9, After realizing his error the Defenrlant re-implanted two of the teeth he had
pulled after sterilizing them in a sterilizing material. The permanent bicuspid teeth number 4 and
S had been sprayed with Vilaphene, Although the teeth were re.implanted these teeth wil! have
to be extracted again and replaced with implants, It is also contemplated that the teeth will
anklyose with external root resorption and the roots will have to be replaced with a restorative
prosthesis or implant prosthesis,
10, The minor Plaintiff returned seven days later for x-rays and nerve tests which
required drilling of the teeth and the insertion of medication. all of which caused him great pain,
From that date until the present Christopher has been required to undergo frequent tests and each
of said tests have caused him great pain and will continue causing great pain, anxiety and fe3l',
11. In the future the minor Plaintiff will be required to have a bone graft to the site of
the Implant to broaden and strengthen the sile, This procedure requires approximately 6 months
of healing time and will cause the minor Plaintiff long hours of pain and suffering. many
sleepless nights and will require the taking of pain medication and sedatives, The cost of the
bone graft is estimated to be S3.OO0,00 and the cost of the implant procedure is estimated to be
SIO,OOO.
12, As a further direct and proximalC result of the Defendant's negligence. the minor
Plaintiff was compelled to inclD' other expell.\eS by having his jaw treated by other dentists all to
minor plaintiffs further damage in an ar.1ount yet to be determined,
13, As a direct and proximalC result of negligence and unskilled nalUre of the
treattnentlO Plaintiff by the Defendant Plaintiff suffered Clltreme pain and mental anguish and
will continue to suffer extreme pain and menial anguish in the fulUre,
WHEREFORE, Plaintiff, Christopher MacDonald, a minor n:quests judgment .pinst the
Defendant in excess of $35,000,00,
2
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DEFINITIONS AND INSTRUCTIONS
A. "Document" - writings or recordings of any kind, whether handwritten,
typed, or printed, and Including. but not limited to, letters. memoranda, bulletins, orders,
photographs, microfilms, resolutions. books, computer printouts, computer cards, papers,
pamphlets. notebooks, diaries. notes, recording tapes, recording discs, recording wires.
manuals, regulations, rules, and forms,
B, "Identify" - when used with reference to a person, shall mean and Include
the fuli name, present or last known business address, and if an Individual, present or last
known home address; each of his or her employers titles with respect to the period
covered by these Interrogatories; a description of each duty and responsibility held by
each such individual. When used with references to a document or writing. the work
"identify" shall mean to include the date it was written; identify each person to whom It was
addressed and Identify each person to whom a copy was identified as being directed,
identify each person who received a copy of the document or writing with a description of
the document or writing as for instance. "letter". "memorandum"; include the present
location and identify its custodian, If any document or writing is no longer In your
possession or subject to your control, stale what disposition was made of It, the reason for
such disposition, the date thereof. and identify its current or last known location and
custodian,
C, "Concern", "concerned", or "concerning" - means referring or relating to,
pertaining to, commenting on, or connected with, in any manner whatsoever.
2
28. If you. your spouse or :lour son have ever entered or been committed to any
InstltuUon, either public or private, for the treatment or observation of mental conditions,
alcoholism, narcotic addiction, or disorders of any kind, state the name and address of
such Institution, the length and dates of the stay, the purpose or reason for the entry Into
such Institution, names and addresses of any doctors rendering treatment for such
condition,
ANSWER:
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34. Do you, your spouse or your son know of any person, not previously
Identltled In your answers to the foregoing Interrogatories, having knowledge of any
discoverable matter with reference to any claim or defense of any party to this action? If
so, as to each person, please state:
(a)
(b)
(c)
(d)
(e)
(f)
ANSWER:
Names;
Present or last known address;
Present or last known employer;
Address of such employer;
Telephone number of person or witness; and
Knowledge related to this accident possessed by each such person,
THOMAS, THOMAS & HAFER, LLP
By:
Gary T, Lathrop, Esquire
I,D, No, 76582
305 North Front Street
P,O, Box 999
Harrisburg, PA 17108-0999
(717) 237-7127
Attorneys for Charles Fields, 0,0,$" Defendant
DEFINITIONS AND INSTRUCTIONS
A. "Document" - writings or recordings of any kind, whether handwritten,
typed, or printed, and Including, but not limited to, letters, memoranda, bulletins, orders,
photographs, microfilms, resolutions, books, computer printouts, computer cards, papers,
pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires,
manuals, regulations, rules, and forms,
B, "Identify" - when used with reference to a person, shall mean and include
the full name, present or last known business address, and if an individual, present or last
known home address; each of his or her employers titles with respect to the period
covered by these Interrogatories; a description of each duty and responsibility held by
each such individual, When used with references to a document or writing, the work
"identify" shall mean to include the date it was written; identify each person to whom it was
addressed and identify each person to whom a copy was identified as being directed,
identify each person who received a copy of the document or writing with a description of
the document or writing as for instance, "letter", "memorandum"; include the, present
location and identify its custodian, If any document or writing is no longer in your
possession or subject to your control, state what disposition was made of it, the reason for
such disposition, the date thereof, and identify its current or last known location and
custodian,
C, "Concern", "concerned", or "concerning" - means referring or relating to.
pertaining to, commenting on, or connected with, in any manner whatsoever.
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6. With respect to each person you expect to call as an expert witness at the
trial ofthls case, state:
(a) His/her age, residence and business address;
(b) The name and address of hislher present employer or if self.
employed, the name of the business and his/her occupation;
(c) His/her educational background specifying colleges attended, dates
of attendance, degrees attained, and a detailed list of all writings
prepared by the expert or In which the expert participated in any way
whatsoever;
(d) Specific Identification of all courses attended, seminars attended, and
other activ~ies on the part of the expert within the past ten years
which were concerned with the subject for which the expert was
retained in this case;
(e) The name and address of the persons or firms for whom the
individual worked for the last ten years and a detailed description of
all duties at each place of employment. If the expert was self.
employed, state specifically and in detail the description of hislher
duties and responslbll~ies; and
(f) List all appearances in court by each expert for the past ten (10)
years. State the subject of his/her testimony and the part for whom
1. All statements, summaries of statements, transcripts of recorded statements
or Interviews, relating to, referring to or In any way describing the allegations and events
with respect to the subject matter upon which Plaintiffs base this action.
2. All documents prepared by Plaintiffs, their agents, or employers, or anyone
acting on their behalf, during investigation of the allegations and events with respect to the
subject matter upon which Plaintiffs base this action, or prepared In anticipation of litigation
or trial of this matter, excluding the mental Impressions, conclusions or opinions of their
counsel.
(NOTE: As referred to herein, "documents" includes written, printed, typed,
recorded or graphic matter, however produced or reproduced, Including
correspondence, telegrams, other written communications, data processing storage
units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes,
memoranda, summaries, analyses, projections, Indices, work papers, studies, test
reports, test results, surveys, diaries, calendans, films, photographs, videos, movies,
diagrams, drawings, sketches, minutes of meetings or any other writing [Including
copies of the foregoing, regardless of whether the parties to whom this request is
addressed is not in the possession, custody or control of the original] now in the
possession, custody or control of Plaintiffs, their former or present counsel, agents,
employees, officers, insurers or any other persons acting on their behalf.)
3. All photographs, films or videotapes taken with regard to the events at issue.
4. All statements of any eyewitness(es) to the treatment rendered to the
Plaintiffs.
5. All statements of any person(s) who will be called as a witness at trial.
6. All medical articles reviewed and consulted in anticipation of litigation or trial,
which will be used for purposes of cross-examination at trial.
7. All documents or other demonstrative evidence which will be introduced or
used at trial.
8. All documents regarding insurance benefits paid to this incident.
2
9. Reports of all experts who will be celled by Plaintiffs to testify at trial. All
documents prepared by each expert identified, together with all correspondence between
expert and Plaintiffs or their agents, attorneys or anyone acting on Plaintiffs' behalf.
10. A current curriculum vitae for each expert expected to be called by Plaintiffs
to testify at trial.
11. All Investigations, reports, test results, drawings, sketches, summaries or
records of this Incident and the events surrounding this incident.
12. All dental and other bills concerning the Injury suffered by Plaintiffs.
13. All medical, dental, psychiatric, psychological and mental health records
pertaining to cure, diagnosis and treatment provided to Plaintiffs by all providers.
14. All documents alleging and verifying lost wages or earnings in the
possession of Plaintiffs, their agents, employees or attorneys incident to the above-
referenced matter, Including federal and state income tax returns and all W-2s and
attachments for the past five (5) years.
15. X-rays, copies of x-rays, models, Impressions, and diagnostic tests relating
to Plaintiffs' claim.
16. Diaries, calendans, journals or notes which document treatment received by
Plaintiffs from any health care provider during the time period of the events alleged in
Plaintiffs' Complaint or which document the events alleged in Plaintiffs' Complaint.
This request is intended to cover all documents in possession, custody and control
of Plaintiffs, their agents. employees and attomeys, and is deemed to be continuing, thus
requiring Plaintiffs to modify and/or supplement their response to Defendants' request as
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outstomling discovcry or thot Moving Dcli.:mlont would he lilreed to tile 0 Motion to Compel
samc. A truc and corrcct copy of C<1lInsel lilr Moving Delcndalll's correspondence dated
Scptembcr 9, 2002, is alloched hereto und marked us Exhihit "C".
10. Becousc Counsel lor Pluintifli; lililed to provide uny responses to Moving
Defendant's supplemental discovery or even colllacled ('ounsel filr Moving Deli.:ndantto rcqucst
an cxtcnsion of timc to provide answers, on or ahout Scptemher 30, 2002, Moving Dcfcndant
tilcd a Motion to Compel Answcrs to Supplemental Interrogatories and Rcquest for Production
of Documcnts.
11. Counsel for Plaintiffs was served with a copy of the Motion to Compclond Bricf
in support of somc as cvidcnccd by Counscl lor Dcfendant's correspondencc dated Scptember
25, 2002, A truc and corrcct copy of Counsel f(lr Moving Dcli.:ndant's corrcspondcncc dated
September 25, 2002, is allachcd hcrcto and markcd as Exhibit "D".
12. On or about Octobcr 18. 2002, the Honorahlc Kcvin A. Hcss, cntcrcd an Ordcr
gl'anting Dcfendant's Motion to Compel and ordcrcd that "Plaintiffs shall rcspond to Defendant's
Supplementallntcrrogatorics and Rcqucstlor Production of Documcnts within twenty (20) days
or suffer the imposition of sanctions pursuant to Pa. R.C.p. 4019, including prohibiting Plaintiffs
from offering any evidcncc at thc time of trial which relatcs to inlomlation sought in said
Supplemental Interrogatorics and Rcqucst for Production of Documents." A true and eorrcct
copy of Judge Hess' Order datcd October 18, 2002, is allachcd hcreto and mark cd as Exhibit
UE",
13. Immediately upon receipt of thc Court's Ordcr compclling Pluintiffs to provide
answers to supplemental discovcry, on October 22, 2002, Counscl for Defendant served the
Exhibit A
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