HomeMy WebLinkAbout01-04007HAROLD S. IRWIN, 111, ESQUIRE
ATTORNEY ID NO. 29920
55 EAST H16N STREET
CARLISLE PA 17015
(717) 245.9080
ATTORNEY FOR PLAINTIFF
TRACIE L. NOSE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
LAWRENCE K. THOMPSON, 111,
M.D., F.A.C.S.,
Defendant
CIVIL ACTION -LAW
NO. 2001 - 4007
JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an attorney
and filing in writing with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
1-800-990-9180 or
(717) 249-3166
HAROLD S. IRWIN, 111, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIGH 8TREET
CARLISLE PA 77073
(777) 243-6090
ATTORNEY FOR PLAINTIFF
TRACIE L. NOSE
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION -LAW
LAWRENCE K. THOMPSON, 111, NO. 2001 - 4007
M.D., F.A.C.S.,
Defendant :JURY TRIAL DEMANDED
COMIPLAINT
NOW COMES the Plaintiff, Tracie L. Noss, by and through her attorney, Harold
S. Irwin, III, Esquire, and files this complaint and avers as follows:
1. Plaintiff is Tracie L. Noss, an adult individual residing at 649 Middle Road,
Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Lawrence K. Thompson, III, M.D., F.A.C.S., an adult
individual maintaining a medical practice at 19 Brookwood Avenue, Suite 105, Carlisle,
Cumberland County, Pennsylvania 17013.
3. Plaintiff is a forty-four year old female, born July 30, 1957.
4. At the age of five, the plaintiff was struck by an automobile and suffered a
fracture of her right leg.
5. A femoral traction pin was placed in the plaintiffs right leg to treat her
injury which was removed when the plaintiff was six years old.
6. In May of 1999, plaintiff began to experience pain and some scabbing on
her right leg, in the area where the traction pin was placed.
7. On or about May 3, 1999, plaintiff sought treatment for this problem from
her physician, Dr. Stephen M. Becker, M.D.
8. After performing an examination of the plaintiff, Dr. Becker referred the
plaintiff to an orthopedic surgeon for further treatment.
9. On or about May 7, 1999, plaintiff was evaluated by Dr. Alan J. Mira, M.D.
for an orthopedic examination of her right knee area.
10. Dr. Mira recommended that the sore be removed from plaintiffs leg and
that the area be surgically closed following the excision of the sore.
11. Furthermore, plaintiff was instructed that she should be evaluated by a
plastic surgeon who would perform the surgery necessary to remove and close the area
of the sore.
12. During May and early June of 1999, the plaintiff entered the care of the
defendant for treatment of her lower right leg.
13. On or about June 23, 1999, the defendant performed the first of a series of
surgical procedures on the plaintiffs right lower leg to excise the "chronic draining tract
and the underlying soft tissue."
14. On or about June 29, 1999, the defendant performed the second surgical
procedure described as a stage delay of a rotation flap, apparently without
complications.
15. On or about July 14, 1999, the defendant performed the third surgical
procedure in the staged elevation and delay of rotation flaps, also apparently without
complication.
16. On or about August 5, 1999, the plaintiff met with the defendant in the
defendant's office for afollow-up visit for the third surgery.
17. During that appointment, defendant removed the bandage from the
surgery site and informed plaintiff that there was an infection present in the wound site.
18. Upon her observation, plaintiff noticed a green oozing substance covering
the site of the wound and on the bandage that the defendant had removed from her leg.
19. Defendant then gave plaintiff a prescription for an antibiotic, and instructed
her to take the medication for a period often days.
20. The defendant then had a nurse from his office schedule the plaintiffs
fourth surgery for August 10, 1999.
21. The defendant instructed the plaintiff that she was not to remove or disturb
the bandage.
22. Other than schedu{ing the fourth surgery, the defendant did not schedule
any other appointments or order any other treatment for the plaintiff.
23. At no time subsequent to July 14, 1999 and prior to August 10, 1999, did
the defendant order bloodwork or any other testing of the plaintiff to determine the
extent or severity of the infection he observed on August 5, 1999.
24. On or about August 10, 1999, the defendant performed the fourth and final
procedure, described as the elevation of rotation flap, setting in of flap, and split-
thickness graft.
25. The defendant had informed the plaintiff that this surgery was to occur on
an out-patient basis prior to the procedure, similar to the three previous procedures
defendant had already performed.
26. The procedure took place, as scheduled, in the defendant's surgical
procedure center.
27. The plaintiff awoke after the surgery, in an ambulance, and was told by the
ambulance personnel that she was being taken to the Carlisle Hospital and
subsequently fell back to asleep after being told this information.
28. The plaintiff next woke up in the Carlisle Hospital where she was informed
that the defendant had ordered her to be taken so that she could not disturb the surgery
site.
29. The plaintiff was released from the hospital on or about August 13, 1999
without being informed when she was to return for follow-up treatment with the
defendant.
30. On or about August 15, 1999, the plaintiff contacted the defendant's office
by telephone and informed him that she noticed a black discharge and foul odor coming
from the site of the surgery.
31. The defendant met with the plaintiff on or about August 15, 1999, in his
office and informed her that she did have an infection in her leg, but assured her that
she would be fine.
32. Plaintiff continued to meet with defendant on a daily basis for the
approximately two weeks following the August 15, 1999 appointment.
33. On or about September 1, 1999, plaintiff was told that the defendant was
unavailable, and out of concern because of a black discharge draining from the wound
and a foul odor, plaintiff saw Dr. Howard Burkett, D.P.M. who redressed the wound-and
instructed plaintiff to seek attention from defendant immediately.
34. On or about September 2, 1999, plaintiff went to defendant's office and Dr.
Peter Giesswein, M.D., a physician in the same medical practice as the defendant, met
the plaintiff in the defendant's office because the defendant was still unavailable, and
proceeded to perform a debridement of the wound area to remove dead tissue. At that
time, Dr. Giesswein also redressed the wound with fresh bandages.
35. Plaintiff stayed under the care of defendant until December, 1999.
36. On or about December 14, 1999, plaintiff entered the care of Dr. John
Stratis, M.D. who began treating plaintiffs non-healing leg wound.
37. As part of the plaintiff's treatment she was required to wear compression
garments on her legs, along with medication and redressing of her wound and had
visiting nursing assistance in the care of the wound.
38. Plaintiff continued in the care of Dr. Stratis through December of 2000, for
her wound on her right leg, when the wound had finally closed and no longer drained.
39. Plaintiff now has a circular scar on her right leg measuring approximately
six centimeters around.
COUNT 1 ~ NEGLIGENCE
40. Plaintiff incorporates herein by reference, paragraphs one through thirty-
nine, inclusive, as if set forth fully below.
41. Defendant, as the plaintiffs physician, owed a duty to of care to the
plaintiff.
42. Defendant failed to properly conform to accepted standards of medical
practice and care in the diagnosis, treatment and medical and surgical management of
plaintiff.
43. Defendant breached that duty of care by failing to provide adequate care
when he did not undertake to examine the wound between July 14, 1999 and August 5,
1999.
44. Had the defendant more closely monitored the condition of the plaintiff, he
could have taken steps to prevent the initial infection from occurring.
45. The existence of the initial infection contributed to the resulting failure of
the skin-grafting procedure and subsequent complications suffered by the plaintiff.
46. As a result of defendant's failure to properly care for the plaintiffs leg,
plaintiff suffered a lengthy, painful and uncomfortable recovery, also resulting in
permanent neurological damage in her right leg and period of recovery that lasted more
than one year until the wound was finally closed.
47. As a direct result of the defendant's failure to take appropriate steps to
prevent the infectious condition, including, but not limited to, failing to instruct the
plaintiff to return after July 14, 1999 and before August 5, 1999, and having the dressing
and the wound examined, the plaintiff experienced the complications described in
paragraph 46 herein.
48. Furthermore, as a direct result of the defendant's breach of his duty to
care for the plaintiffs wound properly, plaintiff continues to suffer from significant
embarrassment and will continue to suffer from the unsightly nature of the scarring that
were the ultimate result of the procedures the defendant performed.
WHEREFORE, plaintiff, Tracie L. Noss, demands that this Honorable Court enter
judgment in her favor and against the defendant, Lawrence K. Thompson, III, M.D.,
F.A.C.S. and award damages in an amount in excess of $25,000, plus costs of this
action.
COUNT 11 -FAILURE TO OBTAIN
INFORMED CONSENT
49. Plaintiff incorporates herein by reference, paragraphs one through forty-
eight, inclusive, as if set forth fully below.
50. Defendant failed to advise plaintiff of the seriousness of the infection and
by doing so failed to take adequate steps to gain her consent to proceed with his
treatment of plaintiffs condition.
51. Defendant's action in placing the skin-graft over the infected wound
without informing the plaintiff of the continued existence of the infection, denied her the
opportunity to seek an alternative opinion as to the appropriateness of the course of
treatment and to give informed consent to continue with the procedure.
52. Following the third surgery, the defendant's failure to adequately inform
plaintiff of the existence and seriousness of the infection denied the plaintiff the
opportunity to seek an independent opinion from another physician as to the
appropriateness of defendant's treatment plan.
53. Furthermore, the defendant's failure to advise the plaintiff of the extent
and significance of the infection after the third surgery rendered her incapable of giving
her infiormed consent to further treatment.
54. Following the fourth surgery, the defendant's constant reassurances that
the plaintiff would be fine and that she did not have to worry about anything denied her
the ability to seek treatment for the infection at an early point whereupon intervention
may have spared plaintiff the lengthy recuperation she subsequently suffered.
55. The defendant's failure to appropriately and adequately inform the plaintiff
of the infection present in her leg and the seriousness of that infection was-the direct
and proximate cause of plaintiffs decision to undergo both the fourth surgery and the
defendant's treatment for approximately four months subsequent to the fourth surgery.
WHEREFORE, plaintiff, Tracie L. Noss, demands that this Honorable Court enter
judgment in her favor and against the defendant, Lawrence K. Thompson, III, M.D.,
F.A.G.S. and award damages in an amount in excess of $25,000, plus costs of this
action.
December, 2001
HAROLD S. IRWI , 111, Es uire
Attorney for Plain "
Attorney ID No. 29920
35 East High Street, Sulte 201
Carlisle, PA 17013
(717) 243-6090
VERIFICATION
I, the undersigned, hereby verify that I am the plaintiff in this action and that the
facts stated in the above Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to
unsworn falsification to authorities.
November ~!7 , 2001
T CIE L. NOSS
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HAROLD S. IRWIN, 111, ESQUIRE
ATTORNEY ID NO. 29920
35 EAST HIOH STREET
CARLISLE PA 17013
(717) 243-9090
ATTORNEY FOR PLAINTIFF
TRACIE L. NOBS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
LAWRENCE K. TNOMPSON,~, /h~~- : NO. 2001 - 'fyo'z CIVIL TERM
F.A•C-S Defendant :JURY TRIAL DEMANDED
PRAECIPE FOR A- WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the plaintiff and issue a writ of
summons upon the defendant. The defendant is:
LAWRENCE K. THOMPSON, III, M.D., F.A.C.S.
COSMETIC & PLASTIOC SURGERY CENTER
OF CENTRAL PENNSYLVANIA
19 BROOKWOOD AVENUE, SUITE 105
CARLISLE, PA 17013-9126
HAROLD S. IRWIN, III,
Supreme Court ID. # 2
35 East High Street, Suite 201 / 202
Carlisle, Pennsylvania 17013
(717) 243-6090
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Commonwealth of Pennsylvania
County of Cumberland
Tracie L. Noss
Court of Conunon Pleas
va
Lawrence K. Thanpson, III, M.D.F.A.C.S.
Cosmetic & Plastic Surgery Center
of Central Pennsylvania
19 Brookwood Avenue, Suite 105
Carlisle,Pa. 17013-9126
No. O1-4007__ CIVIL TEF~7_____________ lg____
In _CIVIL ACTION LAW____________
Law~nce_ K, _Thsxupss~n«_J_LL«_M.D__F~~~__S
You are hereby notified that
Tracie L. Noss
--------------------------------
the Plaintiff ha s commenced an action in _______ C:LY11_J.aaW___________________
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
.>---Curtis R,_LonQ-----------------
Pmthonotary
Date ----Jt1ne_28, 2001------_-- Ig__-- BY ---- - -
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Deputy
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04007 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOSS TRACIE
VS
THOMPSON LAWRENCE K I
BRIAN BARRICK Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
THOMPSON LAWRENCE K III M D the
DEFENDANT at 1048:00 HOURS, on the 9th day of July 2001
at COSMETIC & PLASTIC SURGERY CTR 1 TYLER COURT
CARLISLE, PA 17013-4126 by handing to
BARBARA CARMAN, OFFICE MANAGER
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this 13,,E day of
'~. p. ~2C ~ A . D .
L' h °° ,
iothonotary
So Answers:
~~~
R. Thomas Kline
07/10/2001
HAROLD IRWIN III
By:
Deputy heriff
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F:1FdE$\DATAFdE\pHICO.DOC\I I I-pre.l/tde
Created: 08/09/01 11:01:43 AM
Revised'. 06/09/01 11:4~:Ifi AM
3831'.111
TRACIE NOSS,
Plaintiff
v.
LAWRENCE K. THOMPSON, III, M.D.,
F.A.C.S,
Defendant
r.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2001-4007 CIVIL ACTION -LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant, Lawrence K. Thompson, M.D. F.A.C.S., in the above matter and issue a rule upon the
Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non
pros.
MARTSON DEARDORFF WILLIAMS & OTTO
BY ~ ~ lX~(i 4'~1
Thomas J. Wi is s, Esquire
I.D. No. 1751
Ten East High Street
Cazlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Lawrence K. Thompson, M.D. F.A.C.S.
Dated: August 9, 2001
RULE
AND NOW, this /O~day of August, 2001, a Rule is issued upon the Plaintiff to file a
Complaint within twenty (20) days from service hereof.
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Prothonotary
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Harold S. Irwin, III, Esquire
35 East High Street, Suite 201
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By
ncia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 9, 2001
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F:7FILESIDATAFQ.RIPHICO.DOC1111-rti.l/Ne
Creates: 0R~19/81 11:41:43 AM
Rerieed: 08/31/01 02:39:13 PM
383L111
TRACIE MOSS,
Plaintiff
v.
LAWRENCE K. THOMPSON, III, M.D.,
F.A.C.S,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-4007 CIVIL ACTION -LAW
JURY TRIAL DEMANDED
STIPULATION FOR ENLARGEMENT OF TIME TO
FILE A COMPLAINT
ANA NOW, come the parties to this action by and through their attorneys of record, and
hereby stipulate and agree that Plaintiff will file a Complaint on or before December 1, 2001 or
suffer judgment of non pros. The Rule to file a Complaint which was issued on August 10, 2001
is, therefore, extended by this Stipulation until December 1, 2001.
LAW OFXf ICES OF HAROLD S. IRWIN, III MARTSON DEARDORFF WILLIAMS & OTTO
Harold S. Irwin, III,
35 East High Street
Carlisle, PA 17103
(717)243-6090
Attomeys for Plaintiff
Trade Noss
Dated: q~~ /p
B ~ ~ Lam,
Y
Thomas J~Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Lawrence K. Thompson, M.D. F.A.C.S.
Dated: 9/~, , ~~~
~E~~~.~~~_C..
Created: 09/12/01 04:19:36 PM
Revised. 09F 2/0104:19:3] PM
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Stipulation for Enlargement of Time to File a Complaint was
served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage
prepaid, addressed as follows:
Harold S. Irwin, III, Esquire
35 East High Street, Suite 201
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
By _
n is D. Ec cenroad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: September 12, 2001
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F:\FILES~}~ATAFII,E\PHICO.DOC\111-ans.l/tde
Created: OB/09/01 11:41:43 AM
Revised. 01/23/02 02:08.03 PM
3831.111
TRACIE NOSS,
Plaintiff
v.
LAWRENCE K. THOMPSON, III, M.D.,
F.A.C.S,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-4007 CIVIL ACTION -LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
TO: TRACIE NOSS, Plaintiff, and her attorney, HAROLD S. II2WIN, III, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT
MAY BE ENTERED AGAINST YOU.
AND NOW, comes the Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., by and
through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows in
answer to Plaintiff's Complaint:
1. Admitted based upon information received.
2. Denied in part. Plaintiff's office address is One Tyler Court, Carlisle, PA 17013.
3-5. Admitted based upon information received.
6. Admitted only that Plaintiff complained of pain. Moreover, Defendant would
describe the area on Plaintiffs right leg that he treated as an ulcer.
7-8. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the identity of Plaintiff s personal physician, nor the treatment or
referrals that he made.
9. Admitted based upon information received.
10-11. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to what Dr. Mira told Plaintiff. It is admitted that Dr. Mira referred
Plaintiff to Defendant's practice with regard to the ulcer on her right leg.
12. Admitted in part and denied in part. Defendant believes, and therefore avers, that
Plaintiff became a patient of Cosmetic & Plastic Surgery Center of Central Pennsylvania, P.C. At
all times pertinent hereto, Defendant was an employee of said corporation. Defendant, in addition
to other employees of said corporation and other health care providers, did provide medical care to
Plaintif£ Defendant believes the first time he saw Plaintiff was on June 2, 1999. The balance of
this averment is denied.
13-15. Admitted.
16. Defendant met with Plaintiff in his office on numerous occasions. August 5, 1999
was one of those occasions.
17. Denied. On August 5, 1999, Plaintiff's wound was healing nicely with no evidence
of infection present.
18. Denied. On August 5, 1999, there was no green oozing substance.
19. Denied. Defendant has no record of giving Plaintiff a prescription for antibiotics on
August 5, 1999 and, therefore, denies this allegations. Any antibiotic given to Plaintiff on or about
August 5, 1999, would have been given prophylactically and not for the treatment of any particular
infection.
21. Denied. DefendantprovidedPlaintiffwithinstrucfionswithregardtoherwoundcare
including removaUchange of dressing.
22. Assuming this allegation continues to refer to the August 5, 1999 visit, then it is
admitted.
23. Denied that Defendant observed an infection on August 5, 1999.
24-25. Admitted.
26. Denied. The procedure took place at the Carlisle Hospital Outpatient Surgical Center.
27. Denied. Plaintiff awoke after surgery at the Carlisle Hospital Outpatient Surgical
Center. By way of further answer, Plaintiff knew she would be admitted to Carlisle Hospital after
the surgery.
28. It is denied that Plaintiff "woke up" in the Carlisle Hospital. Paragraph 27 hereof is
incorporated herein by reference thereto. Plaintiff was admitted to the Carlisle Hospital primarily
for pain management due to her numerous complaints of pain which appeared not to be related to
;~ .
the problem for which she was being treated by Defendant. Wound care was a secondary
consideration.
29. Denied that Plaintiff was discharged without instructions; on the contrary, Plaintiff
was fully informed.
30. Defendant's records do not reflect that Plaintiff contacted his office August 15,1999;
however, the records indicate that Plaintiff called Defendant's office, and was seen by Defendant,
on August 16, 1999.
31. Admitted in part and denied in part. Defendant saw Plaintiff in his office on a date
believed to be August 16, 1999, and did diagnose an infection. Defendant did not assure Plaintiff
that she would be fine, but did urge her to keep her appointments and follow his instructions. By
way of further answer, Defendant also changed her splint.
32. Denied as stated. Defendant did meet with Plaintiff on almost a daily basis for
approximately two weeks following the August 16, 1999 office visit. By way of further answer,
during these visits, Defendant emphasized the need to follow his instructions, to care for herself, and
to keep the dressing clean; unfortunately, Plaintiff was non-compliant in that regard.
33. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to Plaintiffls evaluation and/or treatment by Howard Burkett, DPM.
34. Admitted based on information contained in Plaintiff's medical records.
35. Denied as stated. While Defendant provided care to Plaintiff until December, 1999,
Defendant believes, and therefore avers, that Plaintiff was also under the care of other health care
providers.
36. Admitted that Plaintiff came under the care of John Stratis, M.D. based on
information received; however, it is denied that the complaint for which Plaintiff received treatment
from Defendant should be classified as a "non-healing leg wound."
37. Denied. Defendant never prescribed or recommended compression garments or
visiting nursing assistance. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to whether other health care providers ordered these.
38-39. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to Plaintiff s course of treatment after he last saw her on December
2000.
COUNT I -NEGLIGENCE
40. Defendant incorporates by reference Paragraphs 1 through 39 hereof.
41-42. Denied. This is a conclusion of law which requires no answer. To the extent an
answer is required, Defendant avers that he met all applicable standazds of care in the health care
provided to Plaintiff.
43. Denied. Defendant met all applicable standards of care in the health care provided
to Defendant.
44. Defendant met all applicable standards in the health care provided to Plaintiff.
Moreover, Defendant monitored Plaintiff closely, providing intensive health care and doing
everything he could to accommodate Plaintiff's schedule. It is specifically denied that any of the
health caze provided by Defendant to Plaintiff in any way contributed to the occurrence of an
infection.
45. Denied. No health care provided by Defendant to Plaintiff contributed to an
infection, nor did an infection cause a failure in the skin-grafting performed by Defendant. Byway
of further answer, Plaintiff suffered health problems that were unrelated to any of the care she was
receiving from Defendant.
46. Denied. It is specifically denied that Defendant failed to properly care for Plaintiff's
leg. It is averred that Plaintiff had health problems unrelated to the care provided by Defendant.
47. Denied. Defendant took all appropriate steps to prevent an infection and saw Plaintiff
appropriately.
48. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to any sequelae of the condition for which Plaintiff
received health care from Defendant.
WHEREFORE, Defendant requests YourHonorable Court to dismiss Plaintiff's Complaint.
COUNT II -FAILURE TO OBTAIN INFORMED CONSENT
49. Paragraphs 1 through 48 hereof are incorporated herein by reference thereto.
50. Denied. As otherwise set forth herein, Defendant fully advised Plaintiff regarding
the medical conditions. for which he was treating her and all such treatment was provided with
Plaintiff s informed consent.
51-53. Denied. As otherwise stated herein, Defendant did not place a skin graft over an
infected wound.
54. Denied. Paragraph 31 hereof is incorporated herein by reference thereto.
55. Denied. This is a legal conclusion which requires no answer. To the extent an
answer is requested, Defendant avers that the health care he provided to Plaintiff met all required
standards of care.
WHEREFORE, Defendant demands judgment against Plaintiff, plus costs.
NEW MATTER
56. Plaintiffs health care problems were compounded and made more difficult by
Plaintiff s own negligence, including the following specifics:
a. Plaintiff failed to keep her wound and dressing clean;
b. Plaintiff failed to keep appointments for scheduled health care when
instructed;
c. Plaintiff failed to change her dressing as instructed;
d. Plaintiff failed to take antibiotics when instrncted;
e. Plaintiff failed to follow Defendant s instructions to cease smoking during his
treatment of her.
57. At all times and for all purposes relevant to his professional involvement in the health
care of Plaintiff, Defendant acted appropriately and in a fashion commensurate with a standard of
health care applicable under like circumstances.
58. All care and treatment rendered to PlaintiffbyDefendantwasappropriate,reasonable
and within applicable standards of care.
59. To the extent Plaintiff has sustained any injury or damages as alleged, which is
specifically denied, any such injury or damage was caused in whole or in part by persons or entities
over whom Defendant had no duty to supervise or control and for whom Defendant is in no way
responsible or liable.
60. Defendant asserts all of the defenses and immunities afforded under the Health Care
Services Malpractice Act, as amended.
WHEREFORE, Defendant demands judgment against Plaintiff.
MARTSON DEARDORFF WILLIAMS & OTTO
By ~Gt~u~ 9- 1N~~
Thomas J. Wi iams, Esquire
I.D. No. 17512
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Lawrence K. Thompson, M.D. F.A.C.S.
Dated: January 24, 2002
VERIFICATION
The foregoing Answer With New Matter is based upon information which has been gathered
by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
f g~~"/~L-' -
C\
Lawrence K. Thomps ,III, M. ., .S.
F:\FILES WATAFILE\PEIICO.DOQI l l-ans.l
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Answer With New Matter was served this date by depositing
same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Harold S. Irwin, III, Esquire
35 East High Street, Suite 201
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Y
tcia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717)243-3341
Dated: January 24, 2002
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` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NOSS
Vs.
NO. 2001 4007
THOMPSON III, M.D.
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 THOMAS J WILLIAMS, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 02/08/02
File #: M282906
THOMAS J WILLIAMS, ESQUIRE
MARTSON DEARDORFF
TEN EAST HIGH 5T
CARLISLE, PA 17013
717-243-3341
ATTORNEY FOR DEFENDANT
INQIIIRIES SHOIILD 88 ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jacqueline Ciarrocchi
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NOSS
Vs.
THOMPSON III, M.D. ~ No. 2001 4007
TO: HAROLD IRWIN III
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 01/18/02 THOMAS J WILLIAMS, ESQUIRE
MARTSON DEARDORFF
TEN EAST HIGH ST
CARLISLE, PA 17013
ATTORNEY FOR DEFENDANT
INQIIIRISS SHOIILD SB ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jacqueline Ciarrocchi
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M282906
NOSS
Vs.
THOMPSON III, M.D.
File No. 2001 4007
SUBPOENA TO PRODUCE DOC1I"EPITS OR TH I NOS
FOR DISOOVERY PURSUANT TO RULE 4009.22
CARLISLE HOSP, 246 PARKER ST, CARLISLE PA 17013
TO: nTgx; MF1lTl'AT RF.C'ORDS DEPT -
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: --
SEE ATTAR -IE~D ADDENDUM
at
MEDICAL L8(3AL RSPRODIICTIONSfA~TEss~940 DISSTON ST., PHILA., PA
You may deliver or mail legible copies of the documents or produce things requested !;
this subpoena, .together with the certificate of caiipliance, to the party making thi=
request at the address listed above. You have the right to seek in advance the rea:cnan!e
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty.
(20) days after its service, the party serving thi; ~>ubpoena may seek a court orde
cr~pelling you to ar:ply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOI.LGWING PERSON:
NA1~: munMnS~~iILLIAMS, ESQ
ADORESS° - RFF
TELEPHONE: CARLISLE, P 7.013
SUPREhE COURT ID # ZYS-335-3212-
ATTORNEY FOR:
DEFENDANT
M282906-01
0%/4/02
DATE:
$eal of the Court
ppN~+DNWEALTH OF PII`»LV~T~`
OOUNPY OF QP~~~
BY THE COURT.
l T ~ /` /l P'L~O L1ti
Prothonotary/ i k, Civil Division
-~ ~~~ Deputy
(Eff. 7/9T)
ADDENDUM
NOBS
Vs
THOMPSON III, M.D.
TO SUBPOENA
No. 2001 4007
CUSTODIAN OF RECORDS FOR: CARLISLE HOSP
Any and all hospital records, including microfilm, microfiche
emergency room reports, x-ray reports, out-patient records physical
therapy records, and any other information pertaining to:
NAME: TRACIE L-NOBS
ADDRESS: 649 MIDDLE RD NEWVILLE PA
DATE OF BIRTH: 07/30/57
SSAN: 180486317
ALL FEES MUST BE APPROVED -PRIOR TO RECORDS BEING. FORWARDED.
RECORD CUSTODIAN -COMPLETE AND RETURN
( ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ l NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following."documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Aut orize signature or
CARLISLE HOSP
M2$2906-01 *** SIGN AND RETURN THIS PAGE ***
NOES
Vs.
THOMPSON III, M.D.
File No. 2001 4007
SUBPOENA TO PRODU(~ DOCLA~NTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Name of Person or Entity
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: --
SEE AT
at
DR ALLAN MIRA, 220 WILSON ST STE 206, CARLISLE PA 17013
MEDICAL LEGAL RSPRODIICTIONS,(A~~ss`~940 DISSTON ST., PBILA., PA
You may deliver or mail legible copies of the documents or produce things requested t•y
this subpoena., together wit'.1 the certificate of ccrtpliance, to the party makinc thi_
request at the address listed above. You have the right to seek in advance the reacnab)e
cost of preoaring the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty
(201 days after its serv9ce, the party serving this °>ubpoena may seek a court orde•
crirpel 1 ing you to crnply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Nom: THOMAS J WILLIAMS, ESQ
ADDRlr$S' __ rimn~» ncrnr~nRFF
TELEPHONE: - ~y'$~E'~77013
SUPRFj~ COURT ID ~ 215-335-3212
ATTORNEY FOR:
DEFENDANT
M282906-02
0//ay/02
DATE;
Seai of the Court
BY THE COURT.:
Prothonotary/ Civil Division
Deputy
(Eff. 7/97)
OOIA~DNWEI',LTfl OF PII~YLVANIA
CWN'PY OF
ADDENDUM TO SUBPOENA
NOSS
Vs.
THOMPSON III, M.D.
CUSTODIAN OF RECORDS FOR: DR ALLAN ]YLYRA
No. 2001 4007
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: TRACIE L NOSS
ADDRESS: 649 MIDDLE RD NEWVILLE PA
DATE OF BIRTH: 07/30/57
SSAN: 180486317
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED I1V LIEU OF YOUR PERSONAL .APPEARANCE.
RECORD CUSTODIAN -COMPLETE AND RETURN
[ J RECORDS ARE ATTACHEDHERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
( ] NO DOCUMENTS AVAILABLE: I hereby. certify that a thorough search
has been made-and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Aut orxze signature or
DR ALLAN MIRA
M282906-02 * * * SIGN AND RETURN THiS PAGE *
COrq~DNi~,I.Tfi OF PE[aLS1CLVAf1IA
CO[AIPY OF Ct1MBF~
NOSS
Vs.
THOMPSON III, M:D.
. File No. 2002 4007
SUBPOENA TO PRODUCE pOCl1~NTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
DR-PETER GIESSWEIN, 19 BROOKWOOD AVE, CARLISLE PA 17013
T0:
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things: --
SEE ATT~ DENDUM
at
MEDICAL LSGAL RSPRODIICTIONS(A~6s'~940 DISSTON ST., PHILA., PA
You may deliver or mail legible copies of the documents or produce things requested t:•;
this subpoena; together -with the certificate of ccrtpliance, to the party making thi._
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 doarnents or things required by this subpoena within twenty
(20) days after its service, the party serving thi; s>ubpoena may seek a court orde•~
crmPelling you to ccrtply with it.
THIS SUBPOENA WAS ISSUED AT THE REIi~ST OF THE FCILCWING PERSON:
NAME: mum as J WILLIAMS, ESQ
ADDRESS. - RFF
TELF,PHONE: C~LISLE-P~-17013
SUPREME OOURT fD ,~ `215-335-3212
ATTORNEY FOR:
DEFENDANT
M282906-03
of /=2/02
OATS:
Seal of the Court
BY ThE OCURT:
l.c~.~ ~ o-r~a
Prothonotary/ 1 Civil Division
//1~ ~~w
w U:.
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
NOSS
Vs.
No. 2001 4007
THOMPSON III, M.D.
CUSTODIAN OF RECORDS FoR: DR PETER GIESSWEIN
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: TRACIE L NOSS
ADDRESS: 649 MIDDLE RD NE[nTVILLE PA
DATE OF BIRTH: 07/30/57
SSAN: 180486317
CERT4'IED P$OTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN -COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all docti~nents or things a'~ove mentioned have been produced.
f~
[ ] NO DOCUMENTSAVAILABLE: I hereby certify that. a thorough search.
has been made and that no redord of the following-documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Aut orize signature or
DR PETER GIESSWEIN
M282906-03 *** SIGN AND RETURN THIS PAGE ***
~w~
COlR~DNFff?~I.TB OF PfSID1SYLVANIA
CODr1PY OF C(1N8132IAfID
SUBPOENA TO PRODUCE DOCt~NTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
TO:
NOSS
Vs. File No. 2001 4007
THOMPSON IZI, M.D. .
AESTHETIC & RECON SURG, 816 BELVEDERE ST, CARLISLE PA 17013
of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doarnents or things: __
SEE ATT D
at
MEDICAL LEGAL
(Aa~ess~940 DISSTON ST., PHILA., PA
You may deliver.or mail legible copies of the documents or produce things requested ty
this subpoena,- together with the certificate of carpliance; to the. party making thi:
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 documents or things required by this subpoena within twenty
(201 days after its service, the party serving 'thin subpoena may seek a calrt orde•~
compelling you to carply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON:
NAME:_ muoMn SZ WILLIAMS, ESQ
ADDRESS: _ RFF
TELEPHONE: LISLE, P+~~7013
SUPREhE COURT ID ~ 215-335-3212
ATTORNEY FOR
DEFENDANT
M282906-04
o/ /a~/02
GATE:
~~eal of the Court
BY THE OOURT:
Prothorgtary-/~ , Civil Division
Q.a ,~O i.J
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
NOSS
V5.
No. 2001 4007
THOMPSON III, M.D.
CUSTODIAN OF RECORDS FOR: AESTHETIC ,3z RECON SURG
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: TRACIE L NOSS
ADDRESS: 649 MIDDLE RD NEWVILLE PA
DATE OF BIRTH: 07/30/57
SSAN: 180486317
CERTIFIED PHOTOCOPIES WII,L BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN -COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTSAVAILABLE:I hereby certify that. a thorough search
has been made and-that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Aut orize signature or
AESTHETIC & RECON SURG
M282906-04 * * * SICaN AND RET'IIRN THIS PAGE * * *
COIq~]WEAI,TH OF PFNI`15YLVANIA
ODUNPX OF COMBF.RT~
NOES
Vs.
THOMPSON III, M.D.
Fi]e No. 2001 4007
SUBPOENA TO PRODUCE pOCtJr1ENTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
DR JOSEPH CAMPBELL, C/O VASCULAR ASSOCS, S50 WALNUT BOTTOM RD
TO: (`DMA ifiTTT PA 17011 -
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doaments or things: _
SEE AT~~
at
blSDICAL LEGAL RSPRODIICTIONS~As~940 DISSTON ST., PHILA., PA
You may- deliver or mail legible copies of the docurients or produce things requested t~
this- subpoena, 'together wit!1 the certificate' of carpliance, to the party making thi:
request at the address listed above. You have the right to seek in advance the reaenable
cost of preparing the copies or Producing the things sought.
If you fail to produce the doaments or things required by this subpoena within twenty
(20) days after its service, the party serving thi:, subpoena may seek a court orde•~
crxipelling you to ccrtply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST ~ THE FOI.LO~VING PERSON:
NA1~: _~ILLIAMS, ESQ
ADDRESS:
RFF
TELFPI-ZONE: CARLISLE~i7013
SUPREhE COURT Ib
ATTORNEY FOR
M282906-05
215-335-3212
DEFENDANT
o I /2 y/ 02
DATE:
Seal of the Court
BY THE COURT:
Protrh~onotary/C ~I~, Civil Division
Deputy
(Eff. 7/9T)
ADDENDUM
NOSS
Vs.
THOMPSON III, M.D.
TO SUBPOENA
No. 2001 4.007
CUSTODIAN OF RECORDS FOR: DR JOSEPH CA1V[PBELL
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: TRACIE L NOSS
ADDRESS: 649 MIDDLE RD NEWVILLE PA
DATE OF BIRTH: 07/30/57
SSAN: 180486317
PHOTOCOP~S WI1LL ~3E ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN -COMPLETE AND RETURN
[ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief e].l docu*nents or things above mentioned have been produced.
] NO DOCUNdEIJTS AVAILABLEr I hereby certify_ that a thorough search
has been made and that no record of the following documents have
been located {CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Auti~iz~ signature or
DR JOSEPH CAMPBELL
M282906-05 *** S1GN AND RETURN THIS PAGE ***
COl'ADNFiEAI,TH OF PENNSYLVANIP.
C00~7PY OF C[1Fffi~~
NOES
Vs.
THOMPSON III, M.;D.
File No. 2001 4007
SUBPOENA TO PRODUCE DOG~NTS OR THINGS
FOR DISOGVERY PURSUANT TO RULE 4009.22
CARLISLE HOSP, 246 PARKER ST, CARLISLE PA 17013
TO: ATTN• PAT13 r'T TNT
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doa.ments or things: -_
SEE ATT HED D
at
MEDICAL LEGAL
(A~reSS'~940 DISSTON ST. , PHILA. , PA
You may deliver or mail legible copies of the documents or produce things requested h;.
this subpoena, together with the certificate of ccrrpliance, to the party making thi
request at the address listed above. You have the right to seek in advance the reacnab!e
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty
(2Q) days after its service, the party serving thi; subpoena may seek a court orde.~
cznpelling you to ccxiply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON:
~: THOMAS J WILLIAMS, ESQ
ADDRESS:
RFF
TELEPHONE: CARLISLE, P 7013
SUPREhE COURT ID
ATTORNEY FOR:
M282906-06
215-335-3212
DEFENDANT
Ol /a5l/02
DATE:
Seal of the Court
BY THE COURT:
Prothono~tary/Cl k, Civil Division
(Eff. 1/97)
ADDENDUM
NOSS
Vs.
THOMPSON III, M.D.
TO SUBPOENA
No. 2001 4007
CUSTODIAN OF RECGRDS FOR: CARLISLE I30SP
ANY AND ALL PAIN CLI'aVIC RECORDS.
PERTAINING TO:
NAME: TRACIE L MOSS'
ADDRESS: 649 MIDDLE RD NEWVILLE PA
DATE OF BIRTH: 07/30/57
SSAN: :.80486317
ALL` FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECORD CI~STODIAN •• COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief z.ll documents or things a'~ove mentioned have been produced.
[ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search
has been made and that no .record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature for
CARLISLE HOSP
M282906-06 *** SICtN AND RETURN THIS PAGE ***
~q~NWFALTH OE' PEIii`1SYLVANIA
COON17 OF QJ
NOES
V3, File No. 2001 4007
THOMPSON III, M.D.
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISOOVERY PURSUANT TO RULE 4009.22
T0:
DR HOWARD BURKETT, 13 BROOKWOOD AVE, CARLISLE PA 17013
Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following do~wnents or things: __
SEE ATTACHED ADDENDUM
at
MEDICAL LEGAL BSFRODIICTIONS,(A~iCess`~940 DISSTON ST., PHILA., PA
You may deliver or mail legible copies of the documents or produce things requester. by
this subpoena, together -with the certificate of carpliance, to the party making thi_
request at the address listed above. You have the right to seek in advance the reacra~le
cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within t~ent~
(20) days after its service, the party serving thi: subpoena may seek a court orde•~
crxrpelling you to c«rply with it.
THIS SUBPOENA WAS ISSUED AT TiiE REtiI~ST OF THE FOLLGWtNG PERSON:
NAME TLTr1Ti2C ,T WTT.T.TApj$ ~ ESQ
ADDRESS:
RFF
TELEPHONE:... CARLISLE, PA 17013.
SUPREME COURT f0
ATTORNEY FOR:
215-335-3212
DEFENDANT
M282906-07
o/ /a )f/02
DATE:
Seal of the Court
BY THE COURT:
~~~ ~ ,~~
Prothonotary~/,C1 ~~k, Ci,v~i~hDivision
_ ~ ray
Deputy
(Eff. 7/97)
ADDENDUM TO SUBPOENA
NOSS
Vs.
THOMPSON III, M.D.
CUSTODIAN OF RECf~RIt, i'OR: DIL HOy4'ARL'a E.URKETT
No. 2001.4007
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: TRACIE L NOSS
ADDRESS: 649 MIDDLE RD NETaRTILLE PA
DATE OF BIRTH: 07/3G/57
SSAN: 180486317
CERTIFIED- PHOTOCOPIES WILI: EE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.'
RECORD CUS"TODIAN -COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of
records that, to the best of my knowledge, information and
belief. a7.7_ doci~ztents or things a'~ove mentioned have been produced.
[ ] NO DOCUlE%FENTS A'VAPLABLE: I hereby certify that a thorough search
has been made and tizat no record of the following documents have
been located (C:-IECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Autzo zed signature or
DR HOWARD BURKETT
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TRACIE L. NOSS : IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAWRENCE K. N0.2001-4007 CIVIL TERM
THOMPSON, III,
M.D., F.A.C.S. :CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this 16TH day of OCTOBER, 2002, a Rule is issued upon Plaintiff to
Show Cause why Defendant's Motion to Amend New Matter should not be granted.
Rule returnable twenty (20) days after service.
Edward E. Guido, J.
Harold 5. Irwin III, Esquire
.c~,.wa „~-,.cu.e~c., io-i~-o.~
Stephen J. Barcavage, Esquire
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TRACIE L. NOSS, IN THE COURT OF COMMOI~PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVAI~IIA
v.
LAWRENCE K. THOMPSON, III,
M.D., F.A.C.S.,
Defendant
AND NOW, this day of
N0. 2001-4007 CIVIL
CIVIL ACTION -LAW
NRY TRIAL DEMANDED
ORDER
2002, upon consideration of the
Motion for Leave to Amend New Matter of Defendant, Lawrence K. Thompson, III, M.D.,
F.A.C.S., and any responses, it is hereby ORDERED that the Motion is GRANTED. It is further
ORDERED that Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., may file amended New
Matter within 20 days of the date of this Order.
J.
TRACIE L. NOSS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
LAWRENCE K. THOMPSON, III,
M.D., F.A.C.S.,
Defendant
N0.2001-4007 CIVIL
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
MOTION FOR LEAVE TO AMEND NEW MATTER
Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., by and through his attorneys,
Marshall, Dennehey, Warner, Coleman & Goggin, moves this Honorable Court for leave to
amend the New Matter filed in this action, on the following grounds:
Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., was insured under a
policy issued by PHICO Insurance Company and ("PHICO").
2. The Commonwealth Court of Pennsylvania entered an Order of Liquidation with
a finding of insolvency against PHICO on February 1, 2002.
3. As a result of the Liquidation Order, the provisions of 40 P.S. §99 L 1817(a)
applied to Plaintiffs claim.
4. The Liquidation Order occurred since the following of the original New Matter
and gives rise to new defenses that were not previously available.
5. The Pennsylvania Property and Casualty Insurance Guaranty Association has
assumed the defense of Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., under the
Pennsylvania Property and Casualty Insurance Guaranty Association Act, 40 P.S. §§991.1801, et
seq.
6. Under the Pennsylvania Property and Casualty Insurance Guaranty Association
Act, 40 P.S. §§991.1819(a), a stay of all proceedings from the date of the Liquidation Order to
permit a proper defense of this action by the Pennsylvania Property and Casualty Insurance
Guaranty Association.
The Pennsylvania Property and Casualty Insurance Guaranty Association has
asserted that any amount that may be payable by it on behalf of Defendant, Lawrence K.
Thompson, III, M.D., F.A.C.S., is reduced by the amount of Plaintiff s recovery under other
insurance.
8. Plaintiffs recovery under other insurance reduces any amount that maybe
payable by Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., to the same extent as they
recovery reduces any amount payable by the Pennsylvania Property and Casualty Insurance
Guaranty Association.
4. Any failure to exhaust other insurance bars Plaintiffs recovery, if any, in this
action. 40 P.S. §991.1817(a).
10. The above defenses protect Defendant, Lawrence K. Thompson, III, M.D.,
F.A.C.S., in this action, as required under the Pennsylvania Property and Casualty Insurance
Guaranty Association Act.
11. The pleading of the above defenses now will not prejudice Plaintiff.
12. A copy of the proposed Amended New Matter is attached as Exhibit "A".
13. The amended pleading is permitted under Pa.R.C.P. 1033 to plead an occurrence
that happened after the filing of the original pleading.
WHEREFORE, Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., request this
Honorable Court grant leave to file amended New Matter.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
EN J. BARCAVAGE, ESQUIRE
I.D. No. 78867
4200 Cruets Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendant Lawrence K.
Thompson, III, M.D., F.A.C.S.
DATE:
\OS_A\LIAB\SJB\SLPG\105337\ELZ\t 6214\00408
TRACIE L. NOSS, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
LAWRENCE K. THOMPSON, III,
M.D., F.A.C.S.,
Defendant
NO. 2001-4007 CIVIL
JURY TRIAL DEMANDED
CIVIL ACTION -LAW
CERTIFICATE OF SERVICE
I, ~i ~cf~lef7 L • ~~`ra le.~ , an employee of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on this 7~ day of October, 2002, I served a copy
of the foregoing documents via First Class United States mail, postage prepaid as follows:
Hazold S. Irwin, III, Esquire
35 East High Street
Carlisle, PA 17013
=.ra .
TRACIE L. NOSS, IN THE COURT OF COMMON PLEA5
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
LAWRENCE K. THOMPSON, III,
M.D., F.A.C.S.,
Defendant
N0.2001-4007 CIVIL
CIVIL ACTION -LAW
JiJRY TRIAL DEMANDED
AMENDED NEW MATTER OF DEFENDANT
LAWRENCE K THOMPSON, III, M.D., F.A.C.S.
Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., (hereinafter referred to
as "Defendant"), incorporate by reference their previously filed New Matter.
2. Defendant was insured under a policy issued by PHICO Insurance Company
(PHICO).
The Commonwealth Court of Pennsylvania entered an Order of Liquidation with
a fmding of insolvency against PHICO on February 1, 2002.
4. As a result of the Liquidation Order, the provisions of 40 P.S. §991.1817(a) apply
to Plaintiffs claims.
5. Plaintiff is required to exhaust first his rights under any insurance policy,
including, but not limited to, claims under accident and health insurance, worker's compensation,
BlueCross and B1ueShield, and all other coverages except for policies of an insolvent insurer.
6. Any failure to exhaust other insurance bars Plaintiffs recovery, if any, in this
action.
Upon information and belief, bills or damages related to the loss for which
Plaintiff seeks recovery in this action were paid or are payable under accident and health
insurance, BlueCross and B1ueShield, worker's compensation insurance, or other insurance.
..:~
8. The Pennsylvania Property and Casualty Insurance Guaranty Association has
asserted that any amounts that may be payable by it on behalf of Defendant is reduced by the
amount of Plaintiffs recovery under other insurance.
9. Plaintiffs recovery under other insurance reduces any amount that maybe found
to be payable by Defendant in this action, to the same extent as the recovery reduces any amount
payable by the Pennsylvania Property and Casualty Insurance Guaranty Association.
WHEREFORE, Defendant, Lawrence K. Thompson, III, M.D., F.A.C.S., demands
judgment in his favor.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
HEN J. BARCAVAGE, ESQUIRE
I.D. No. 78867
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3506
Attorneys for Defendants Lawrence K. Thompson,
III, M.D., F.A.C.S.
DATE:
\05_A\LIAB\SJB\SLPG\105335\ELZ\16214\00408
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 57380
35 EAST NIGH STREET
CARLISLE PA 17013
(717)243.5090
ATTORNEY FOR PLAINTIFF
TRACIE L. NOBS : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
4AWRENCE K. THOMPSON, 111, NO. 2001 - 4007
M.D., F.A.C.S.,
Defendant JURY TRIAL DEMANDED
ANSWER TO RU~.E TO SHOW CAUSE
AND NOW comes the plaintiff, Tracie L. Noss, by her attorney, Nathan G. Wolf,
Esquire, and files this response to the Rule issued upon herby this Honorable Court to
show cause why Defendant's Motion to Amend New Matter should not be granted.
Plaintiff has no objection to the amendment of the Defendant's New Matter as
requested, and as such, does not oppose the Court granting the Defendant Leave to
Amend.
November/~ , 2002
,Ni4T-C_1NOLF, ESQUIRE
Attorney for Plaintiff
35 East High Street
Suites 201 & 202
Carlisle, Pennsylvania 17013
(717) 243-6090
Supreme Court ID. # 87380
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87880
35 EAST HIGH STREET
CARLISLE PA 17013
(717)243-0090
ATTORNEY FOR PLAINTIFF
TRACIE L. NOBS : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION -LAW
LAWRENCE K. THOMPSON, 111, MD: NO. 2001 - 4007
F.A.C.S.,
Defendant JURY TRIAL DEMANDED
PRAECIPE TO SETTLE
AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark this matter settled and discontinued.
March 5, 2003
~~-Ti1'/~I~' WOLF, ESQUIRE
Su
East High Street
Suites 201 8~ 202
Carlisle, Pennsylvania 17013
(717)243-6090
Attorney for Plaintiff
e Court I.D. # 87380
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