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Home My WebLink About01-7228 FX ~~~' ~ . ~"~ "'=~.~ ~ - ~,' ., -~"""",...-, -'~,,~-, ;~j, ,< CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/-- 7;}~ ~iv'/ v. CIVIL DIVISION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND 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 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 ~~ ,~~ -"~ "'0". ~.k;'&il CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 7J()'6 L~ : CIVIL DIVISION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED COMPLAINT NOW COME the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Complaint. 1. The Plaintiffs are adult individuals, husband and wife, who reside at 1309 Georgetown circle, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Jeffrey Sedlack, M.D. is an adult individual who at all times relevant hereto held himself out as a general surgeon and maintained his office at 220 Wilson street, suite 204, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Carlisle Hospital and Health Services is a corporation having its principal office located at 246 Parker street, Carlisle, Cumberland County, Pennsylvania. 4. On or about November 20, 2000, Plaintiff Cyrus Greenberg was a patient at the Carlisle Hospital Surgical Center on Alexander spring Road, Carlisle, Cumberland County, Pennsylvania where he was scheduled to undergo double hernia surgery by Defendant Sedlack. 5. At the time that Plaintiff entered Carlisle Hospital surgical Center he was in good mental and physical health with the l~j ~ .-, <<,~~,~ >, '""'="""-""I'~{"-"''"''''-'- ~-""-,, -W,"''''''''''' "'-'~~';'.' ~';'~"~-'" --'1l": exception of the double hernia condition for which Dr. Sedlack was going to perform surgery. 6. During the morning of November 20, 2000, Dr. Sedlack performed laparoscopic left inguinal hernia repair and laparoscopic right inguinal hernia repair upon Plaintiff Cyrus Greenberg. 7. During the course of the aforementioned surgery, Defendant Sedlack nicked the inferior epigastric vessel and attempted to repair said injury. 8. Following the completion of the surgery, Defendant Sedlack did not inform the Plaintiffs that he had injured the inferior epig<!.stric vessel, nor did he advise anyone on the hospital staff of said injury. 9. Defendant Sedlack, following completion of the surgery, left an order for Plaintiff Cyrus Greenberg to be discharged and did not personally examine Plaintiff. 10. During the afternoon of November 20, 2000, an employee of Defendant hospital called Louise Greenberg to come and take her husband home. 11. When Louise Greenberg arrived at the recovery room, she found her husband to be in a very weak condition, and he complained of being lightheaded and groggy. Plaintiff could barely stand up and walk, and the nurse advised that this was due to his blood pressure being low and that it would get better with time. 2 ""~ , = '~"'T> <0_'1"'''' '~.' -, '.' ,<",,,,,,,,,,,~-,,,-.~~,. ',""'~,",,s,,' ,,,,~,.~,,., ,,~ ,'", 'i ",~ . . 12. After Plaintiff returned to his home, he was placed in bed and at that point in time wanted to continually sleep. At approximately 10:30 p.m. on November 20, 2000, Louise Greenberg discovered that Cyrus Greenberg was bleeding internally and blood was oozing from his incisions. 13. Louise Greenberg called 911 for an ambulance, and the ambulance was dispatched and took Cyrus Greenberg to the emergency room at Carlisle Hospital. 14. Upon arrival at the emergency room, Cyrus Greenberg was in shock and thus suffered a heart attack. 15. In addition to sustaining a heart attack as a result of the hypotension that he had resulting from the complications of surgery, Plaintiff has also sustained cognitive losses and has undergone extensive medical treatment to attempt to rehabilitate him to his pre-November 20, 2000 state of health. 16. Plaintiff has incurred medical expenses and will continue to incur medical expenses in the future to treat his condition. 17. Plaintiff has undergone great pain and suffering and will continue to undergo pain and suffering in the future. 3 ""'O~Ji '"~" ~~,~-- , "~-,-, ,. ,. '<~I;~'! COUNT I CYRUS GREENBERG v. JEFFREY SEDLACK. M.D. 18. Plaintiff incorporates herein by reference paragraphs 1 through 17. 19. Defendant was negligent in causing the injuries and damages sustained by the Plaintiff in that he: a. negligently cut Plaintiff's inferior epigastric vessel; b. negligently repaired the injury to Plaintiff's inferior epigastric vessel; c. failed to disclose to the Plaintiffs that the inferior epigastric vessel had been injured during surgery; d. failed to alert the nursing staff to the possibility that Plaintiff may have bleeding, and to observe Plaintiff for any signs or symptoms of bleeding prior to his discharge; and e. failed to personally examine the Plaintiff before discharge when he had knowledge that Plaintiff had undergone a complication during surgery. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II LOUISE GREENBERG v. JEFFREY SEDLACK. M.D. 20. Plaintiff incorporates herein by reference paragraphs 1 through 19. 21. Solely as a result of the negligence of the Defendant, and resulting injuries to her spouse, Plaintiff Louise Greenberg 4 f:~ I - ~ . "' . - ~."^' ~" h,:; <>, "",~ 0<-''''''&' .. . ' has been deprived of the assistance, companionship and consortion of her husband, all of which has been to her great loss and detriment, and said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff requests your Honorable Court to enter judglllent against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT III CYRUS GREENBERG v. JEFFREY SEDLACK. M.D. 22. Plaintiff incorporates herein by reference paragraphs 1 through 21 of this Complaint as though they were fully set forth at length. 23. Defendant failed to obtain an informed consent for the surgical procedure that he performed upon Plaintiff, and accordingly, Defendant committed a battery upon the Plaintiff and his responsible for all injuries and damages which Plaintiff sustained. WHEREFORE, Plaintiff requests your Honorable Court to enter judglllent against the Defendant in an amount in excess of the mandatory arbitration limits. 5 '0' . -.. ~ "'-"",-,. '. ~,_,,;,',,~,">,_._. ,~~__,o~ ,~_~ _~''''. __,;'f_ "_~_<.!'>II ,', COUNT IV CYRUS GREENBERG v. CARLISLE HOSPITAL and HEALTH SERVICES 24. Plaintiff incorporates herein by reference paragraphs 1 through 23 of this Complaint as though they were fully set forth at length. 25. Defendant Carlisle Hospital, acting through its agents, servants and employees, was negligent in the care and treatment of the plaintiff in that they: a. discharged Plaintiff from the surgical care center when they knew, or should have known, by reason of Plaintiff's condition, that something was wrong with the Plaintiff that would contradict his being discharged; b. failed to call the attending surgeon or other physician to notify them of PI,iintiff's condition immediately prior to his discharge; c. failed to take proper precautions to prevent the Plaintiff from falling and injuring himself, which he in fact did while under the care of the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER BY(p::o ~ K )J (/ Richard H. wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 1;)"/~7/01 6 'I~ .... ,., ",,~, 'C''''',~"<,,,,~,,,,,~,,,.~,~_~.,.;,,,,,-"," ""~\6,'Of~ .' , " VERIFICATION I, Cyrus Greenberg, have read. the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 1:;-'-/:).7 )01 ~~ cyrus Greenberg "" "'''' ,'_'" "";'~",w~f"""";;' ~~l~li$t'-"'"' {b ""'''''-'',,"~"'= , , "\' ;'~jifl"'~~ . -" -'1:'~ '... j[i '.. ',v ~~*":~n '''j~4:liMt~ ~-' _..~," " """"''''",..;,,. ,~~>""'''''"-,,,.,.,~- . 0 0 0 ., -L c c::I -J N :::J::' s ~ <!l "'DCU f"1 t-~~ () n r:;:-. CP[.!~ =-Rb ~ ..:.........1_, N ~ ~ -7r- O'J ~~iC.l ~~~:: ~ r--, ; --0 :rl ~ -~, 6F;~ --=> ~ ~~8 ::L CJ ~ 0? ~ :~'c:: ~ ~ ~ ?; z ......, ~ ><' _-J \.0 -- -< ><: ,~.,.,~,,~"' ,h-' ""'.e,,,,,,",,'__'~"""','. ,,> ',,,=~,.~'-""'''..^,,<, '<""S~' ~" ",:, ,Ie. --~ , ~,,,, ~,', ".'- -,.">> ""j' APR 2 3 2004 4 - Hoffer CYRUS GREENBURG and LOUISE GREENBURG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v NO. 01-7228 CIVIL TERM JEFFREY SEDLACK, M.D., Defendants JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, April 14, 2004. In this medical malpractice claim, Richard H. Wix, Esquire, represents the plaintiff, and Michael Badowski, Esquire, represents the defendant. Plaintiff proceeds on two theories: One, no informed consent and, two, negligence in the performance of the medical procedure. Doctor Sedlack performed laparoscopic surgery to repair a hernia or hernias and plaintiff claims that, during the procedure, Doctor nicked the blood vessel. Plaintiff claims he was faulty in repairing that injury. Plaintiff was discharged and later the same evening was discovered to be bleeding internally and also suffered a heart attack in connection with this bleeding. Plaintiff's claim is for pain and suffering as well as additional medical expenses, in the amount of at least an additional $10,000.00 in expenses. Plaintiff and defendant estimate the case can be tried in two and a half to three days, and each side has four - .......J --, , I~,,^ " - -," , <- ").,.'::li-~~:,! 7228 Civil Term 2001 In Re: Pretrial Conference Page 2 challenges. Both sides intend to bring their experts in the courtroom live, and the Court cautions counsel that the Court cannot tolerate any delay in getting these experts into court. Mr. Badowski requests the Court to do its best to start the case on Wednesday so as to give his expert more leeway in appearing, hopefully on Thursday. By the Court, Richard H. Wix, Esquire 4705 Duke Street Harrisburg, Pa. 17109-3099 For the Plaintiffs Michael Badowski, Esquire 3510 Trindle Road Camp Hill, Pa. 17011 For the Defendant Court Administrator Prothonotary :mtf '" "i;''-" r'",,",,.,,,,, .~~ '-'r:~'~'",,~.wiiH~~~ "-~,-,~,~~~~"~:-";;;';"'lr!i.Ujrl" ... ' ' , " ,I ,,',i~"fb$h',,"""I,ii! .. iikJ~~~",i;;...:;.i"':;"~"~"~~'!ti~littli'i~M llii::a'~~'h';;'W,', llmi!'l'mln~~_ \11NV^1A~ )UNn(X) llNV1,::fSemo Z ~ :ZI Wd ez ~dV ~OBl AbVlCJ/IIOH.tOl:ld 3Hl :lO 30l:l.:!o-tJ!1ij diU - "._ "__".,,_.u_,,,.." ", UI! " ~!lm l '. lU,II!lLJ..."",. ,.till LV". .A""'" " ".""",lJIPli!!M L ..L. ..., ilL ,.,~,,, ,~".,.,,,,k -.~~. , ',,, ,,I " I.. L MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trind1e Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail : [717] 975-8114 [717] 975-8124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK. M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. JURY TRIAL DEMANDED VOIR DIRE OF DEFENDANTS 1. For you, your spouse, your children and other members of your family residing with you, please identify the following: employer, type of work done by the employer, type of work done by the employee. 2. Have you ever served in the United States Armed Forces? 3. Do you, any member of your family or member of your household have any legal training or are you or such persons employed in a law office or the courthouse or affiliated with the legal profession in any way? 4. Have any of you been a party in a civil action? If so, state the nature of the action: automobile accident, medical malpractice, product liability, divorce, etc.? 5. Have any of you served as a juror in a civil jury trial? , ;';'~'~~j ,.. ~ "-"" '" , ~ .~ '0_.' -~, , 6. Have any of you asserted a claim or suit for damages in a civil matter other than divorce? 7. Have you, any member of your family or close friend ever been represented by Richard H. Wix, Esquire or the law firm of Wix, Wenger & Weidner? 8. Have any of you ever been represented by Michael M. Badowski, Esquire or the law firm of Margolis Edelstein. 9. Have any of you ever been involved in a claim or lawsuit in which any of these lawyers or their firms have represented a party or an interest against your interest? 10. In this case there is going to be testimony by various witnesses. If you know or are related to any of these witnesses after I read off their names, please raise your hand: Cyrus Greenberg; Louise Greenberg; Jeffrey Sedlack, M.D.; Rene'Skovira; Diane Bliss; G. Gary Kirchner, M.D.; Larry S. Rankin, M.D.; and Robert C. Fried, M.D.; Wayne Borges and his wife. 11. Do you, any member of your family, or your household, or any close personal friends have any medical training or are you or such persons employed in a medical office or affiliated with the medical profession in any way? 12. Do you have any information, from any source, regarding Plaintiff's claim? If so, what is the nature of that information? 13. Based upon what you have heard, do you have any fixed -2- =" ~~-'- ~. ~I -', ~, -J_' ' =- views about this case? 14. Do each of you believe that you can accept the law governing this case as will be explained by the Court even if you personally disagree with it? 15. Have any of you or has a member of your family or a close personal friend ever been a patient of any of the doctors identified? 16. Do any of you have any physical or other condition which would serve as an impediment for you sitting patiently through the evidence in this case, seeing the exhibits, listening to the witnesses and otherwise attending to your duties as a juror? 17. Ladies and gentlemen of the panel, the purpose of all of these questions has been to assist counsel in this case in determining whether you bring any bias or prejudice as a juror of which we should be aware to determine your qualifications as jurors. Do any of you know any reason why you could not participate as a juror in this case, listen attentively to the evidence, pay attention to the charge of the Court on the law and render a verdict based solely upon the facts as you find them and the laws given to you by the Court? In addition to these questions, Defendant, Jeffrey D. Sedlack, M.D., reserves the right to ask any relevant and necessary follow-up question(s) in the event anyone or more of -3- "~ ~~...~': "''lii''""" '" ~" .-:,., t ~'""\j\"'''': the preceding questions were answered in the affirmative by any prospective juror. MARGOLIS EDELSTEIN ~- OWSKI, Esquire for Defendant, SEDLACK, M.D. Date: s/:~-/#Y -4- ~~'! __I --. - -~ \~-%"" ~~ MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court 1.0. No. 32646 SHAUN J. MUMFORD. ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trind1e Road Camp Hill, Pennsylvania 17011 APR tOM Telephone: Fax: E-Mail : [717] 975-8114 [717] 975-8124 mbadowski@margolisedelstein.com Attorneys for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT. JEFFREY SEDLACK, M.D. I. FACTS REGARDING LIABILITY Plaintiffs, Cyrus and Louise Greenberg (collectively referred to as "Plaintiffs"), filed their Complaint in the above- captioned action on or about December 27, 2001. The Complaint alleges professional negligence against Defendant, Jeffrey Sedlack, M. D. ("Dr. Sedlack"). In their Complaint Plaintiffs allege that Cyrus Greenberg ("Plaintiff-Husband") had double hernia surgery performed by Dr. Sedlack at the Carlisle Hospital Surgical center on November 20, 2000. Plaintiffs further allege that during the surgery, Dr. Sedlack nicked Plaintiff-Husband's inferior epigastric vessel and subsequently attempted repair of same, but failed to inform the PACU staff of said injury. As a result, plaintiffs allege that Plaintiff-Husband was allowed to be discharged to home with internal bleeding, leading to post- operative complications, including myocardial infarction and cognitive losses. Plaintiff has asserted medical negligence and lack of informed consent claims against Dr. Sedlack. Dr. Sedlack acknowledges that laparoscopic repair surgery of Plaintiff-Husband's bilateral inguinal hernias took place at the Carlisle Hospital Surgical Center on November 20, 2000. Plaintiff-Husband had been referred to Dr. Sedlack by his cardiologist, Larry S. Rankin, M.D., who cleared Plaintiff- Husband for surgery from a cardiac standpoint. Prior to the surgery, Pr. Sedlack had a thorough discussion with Plaintiff- ~ '" " " ~' .', 10 . i ~ _ ~, -"-"""-~,~.,,,j Husband regarding the risks and alternatives to the surgical procedure, after which Plaintiff-Husband gave his informed consent. Dr. Sedlack acknowledges that the inferior epigastric vessel was nicked or otherwise torn during the procedure, but maintains that such injury is a known risk of the laparoscopic procedure. Further, when the injury took place, Dr. Sedlack appropriately repaired the same. Finally, Plaintiff-Husband was properly discharged from the PACU at the Carlisle Hospital Surgical Center according to the guidelines established by the hospital. II. FACTS REGARDING DAMAGES See Plaintiffs' Pre-Trial Memorandum. It should be noted, however, that Plaintiffs' claim for recovery of medical expenses is subject to the limitations set forth in Moorhead v. Crozer Chester Med. Ctr., 564 Pa. 156, 765 A.2d 786 (2001). III. ISSUES OF LIABILITY AND DAMAGES A. Whether Dr. Sedlack fell below an accepted standard of medical care in his performance of a laparoscopic bilateral inguinal hernia repair on Plaintiff-Husband; B. Whether Dr. Sedlack obtained Plaintiff-Husband's informed consent for the laparoscopic bilateral inguinal hernia repair; C. Whether such conduct on the part Dr. Sedlack was a substantial factor in bringing about Plaintiff- Husband's alleged harm; and D. Damages sustained by Plaintiffs, if any. IV. LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY & EXHIBITS Dr. Sedlack does not anticipate any unusual legal issues. V. IDENTITY OF WITNESSES A. Plaintiff-Husband, as on cross-examination; B. Plaintiff-Wife, as on cross-examination; 2 '.~ ~",,,,,,,-,,,,,,,,,~ ~ , '.. .,L L .," ~" "'"""'''-''''''-''.'~ C. i? , t Larry S. Rankin, M.D. (fact and expert consistent with his deposition testimony); D. Supervisory representativA.~~om carjfsl.,~s.urgiCal Center PACU; 1Uf't.( , ..,fr<.o\li r"-. . Diane Bliss, R.N.; E. F. Wayne Borges, M.D.; G. Mrs. Wayne Borges; Robert C. Fried, M.D. (expert consistent with report) (a copy of Dr. Fried's report and curriculum vitae are attached hereto and collectively marked as Exhibit "A"); I. Jeffrey D. Sedlack, M.D. (fact and expert consistent with deposition) ; J. Any and all health care providers identified in the medical records exchanged during discovery, including all prior and subsequent treating physicians (fact and expert consistent with the information reflected in the medical records) . Dr. Sedlack reserves the right to call, at the time of trial, any witnesses identified in Plaintiff's Pre-Trial Memorandum or, as necessary, for the purpose of rebuttal. VI. IDENTITY OF EXHIBITS Dr. Sedlack may utilize one or more of the following exhibits at the time of trial: A. Plaintiff-Husband's medical records from the following providers: 1. Carlisle Hospital 2. Sedlack Surgery; 3 . Moffit, Pease & Lim 4. Masland Associates; 5 . Hershey Medical Center; and 3 ~~- " ~ 1.- __~~,",-'=.';-""N<!.;>.-""+rn':"- 6. Alex Boshnakov, M.D. B. The report and curriculum vitae of Robert C. Fried, M.D.; C. DepoSition transcripts of the witnesses set forth in section V hereof: D. Plaintiffs' Answers to Interrogatories: E. Anatomical charts: F. Surgical instruments employed in laparoscopic bilateral inguinal hernia repairs: G. Other demonstrative exhibits. In addition to these items, Dr. Sedlack reserves the right to utilize any document identified in Plaintiffs' Pre-Trial Memorandum or, as necessary, for the purpose of rebuttal. VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS There has been no settlement discussion and no settlement demand has been made. VIII. ESTIMATED TIME NEEDED FOR TRIAL Three (3) days. IX. SPECIAL REOUESTS It is respectfully requested that the parties stipulate to the authenticity and admissibility of all medical records identified above, subject only to objections as to relevancy. Respectfully submitted, Date: bl/6loy By: 'I.\. MICHAE M. ..13ADOWSKI ATTORNEYS FOR DEFENDANT, JEFFREY SEDLACK, M.D. 4 ~ w~ _~""' - ~~ '.. ~ l ~.~. _ 1.__ -"~~'\."..",ld;.. Robert C. Fried, MD 11 Industrial Blvd. Suite 102 Paoli, Pa 19301 610-647-3077 Michael Badowski Margolis Edelstein Post Office Box 932 Harrisburg, Pa 17108-0932 Re: Greenberg v Sedlack, MD Dear Mr. Badowski: As you know, I have been asked to review the records of the above named case and render my opinion. Specitic records reviewed include: Plantiffs Complain Report from Gary Kirchner, MD Deposition ofL. Greenberg Deposition ofC. Greenberg Deposition of J. Sedlack, MD Depositions ofR. Hockenberry, D. Bliss, R Holtry Medical records from Carlisle Hospital Medical records from Hershey Medical Center Medical records tj'om Drs. Sedlack, Boshnakov, and Rankin To brietly summarize this case: MLGreenberg was a 74 year old gentleman who was referred to Dr. Sedlack by Dr. Rankin. Dr. Rankin is a cardiologist who managed Mr. Greenberg's hypertension and hypercholesterolemia. In addition Mr. Greenberg was a smoker and had hyperparathyroidism. The patient was found to have bilateral inguinal hernias and repair was scheduled for Nov. 20th, 2000. During surgery, there was some bleeding frQm the inferior epigastric vessel on the right (the first side repaired), which was handled appropriately with clips. The left side was then repaired and the patient was taken to the recovery area. " . - ,,,,..". ;<,.- ""..' - '-~",<,~,,,,-*,'" While in the P ACU, the patient remained perfectly stable with no significant change in his vital signs (despite Mrs. Greenberg's testimony). He was discharged to home and was relatively well until approximately 10:30 p.m. At that time his wife found him to have blood around him and he was not typically responsive. Appropriately he was evaluated by the EMTs who noted a blood pressure of 120/p and a pulse of 88. After being seen in the ER at Carlisle Hospital, he was "awake and oriented" with a BP of 124/10l. His pulse at midnight was 94 and BP 98/60. His Hgb was 10.4. His overall condition seemed to improve but it was discovered that he had a small myocardial infarction with troponins mildly elevated. A CAT scan showed no evidence of an intrabdominal bleed and he required (to my review) 3 units of packed red blood cells. On the 27lh he was taken to Hershey Medical Cebter where he had a cardiac cath that showed excellent left ventricular function and non-operative coronary disease. He fell later that day, hitting his head but a CAT scan of the head revealed only some cerebral atrophy. He remained stable through the course of his hospital stay with no signiticant change in his Hgb. The conclusion was that his bleeding resulted in a small myocardial infarction. Mr. Greenberg had underlying coronary disease (as discovered by his cardiac cath), which is not surprising given his associated medical conditions. There a few important points about this case which need to be emphasized. I. The procedure chosen and fonn of anesthesia were perfectly appropriate. Given Mr. Greenberg's medical history (well documented in his physician's records) there was absolutely no reason to believe an open-Iype repair would have been sakI'" In bet, many physicians bel ieve that general anesthesia is one of the safest forms in patients with certain risk factors. 2. A consent was signed which confirms that no assurance could be given concerning the outcome of any surgical procedure. The laprascopic approach was chosen and is often used when patients have bilateral hernias. It is thought to be somewhat advantageous in some patients and has minimal contraindications. Other surgical options would most likely been considered but they would not significantly change or decrease the risks. ":1i " ~ 1-" ~ " ' .' .' ~uJi1dlft<.~d\~.[~,' 3. The procedure was performed in an appropriate fashion, well within the standards of care. Bleeding from an inferior epigastric artery was discovered and treated in a standard fashion. 4. The patient was perfectly stable in the PACU and fulfilled all discharge parameters. 5. He most likely had a slow ooze of blood into his subcutaneous space which, later that evening, broke through one of his suture lines. This resulted in a slightly increased amount of bleeding. He never, however, had documented critical vital signs nor did his hemoglobin "precipitously" drop. 6. His management during the hospitalization was excellent with appropriate consultants. There are numerous problems with the "complaint" and accLlsations towards Dr. Sedlack. I. The preoperative evaluation was certainly complete. This patient was sent from a cardiologist to Dr. Sedlack and that referral would not have occurred if the cardiologist felt surgery was too high of a risk. No further testing was necessary! 2. Any postoperative changes in his mental status would be difficult to evaluate. He had a history well documented in physician records of previous (1998) "sadness", lack of energy and a need for a "better outlook." J. Bleeding is a Known risK or any sLlrgery and call be delayed, thereby making immediate discovery difficult. 4. The minimal drop in Hgb demonstrates only minor bleeding and certainly proves that no major vessel was injured or cut. 5. This is also proven by the lack of free intrabdominal blood on the CAT scan. Dr. Kirchner's report is far from accurate and addresses issues in-elevant to this case. Interestingly, he stopped clinical practice in 1998. 1. The issue of the patient's pre-operative evaluation has already been addressed. Mr. Greenberg WAS evaluated by a cardiologist who would know what tests need to be performed. - ,~<".~" . ~~ , ~~." '& ""- .' -" ""'~~.." 2. In the past 5-15 years, pre-operative testing has been appropriately minimized. We no longer order a battery of unnecessary tests that often lead to inappropriate interventions. This trend may have occurred in Dr. Kirchner's waning years. No further cardiac evaluation was justified. 3. Bleeding from surgery is a RISK; it does not automatically "constitute negligence." Bleeding such as this is not "life threatening" and in fact, was self-limiting since no surgical intervention was required to stop it. 4. Dr. Sedlack's approach to hernia repair was not intended to be "magic." On the contrary, this type of approach is considered to be well within the standards of medical care. To summarize, Dr. Sedlack's pre-operative, intra-operative and post- operative management of Mr. Greenberg was well within the standards of care. I find no evidence of negligence and make these statements with a reasonable degree of medical celiainty. I have personally performed over 2000 hernia repairs (many of them Japaroscopically) and tind no deviation from the standard of care in this case. I retain the right to amend this report if other information becomes available and would be willing to testify in this case if needed. ~',~ -'. "",'" ~<"~~b'i CURRICULUM VITAE ROBERT CAREY FRIED, M.D. . Home Address: 1267 Farm Road Berwyn, PA 19312 Phone: (610) 251-9622 Office Address: 11 Industrial Blvd. Suite 102 Paoli, PA 19301 Phone: (610) 647-3077 Fax: (610) 993-0668 118-40-5639 Social Security: Date of Birth: o Place of Birth: December 30, 1954 Newark, NJ Education: 1972-1975 Washington University, St. Louis, Missouri A.B. (Magna Cum Laude) 1976-1980 Washington University, St. Louis, Missouri M.D. 1980-1981 Intern in Surgery Hospital of the University of Pennsylvania Philadelphia, PA Postgraduate Training and Fellowship Appointments: 1981-1987 Resident in Surgery Hospital of the University of Pennsylvania Philadelphia, PA 1983-1985 Post Doctoral Fellowship in Surgical Research Harrison Department of Surgical Research University of Pennsylvania Philadelphia, PA 1983-1985 National Cancer Institute Fellow in Cancer and Nutrition Hospital of the University of Pennsylvania Philadelphia, PA 1983-1985 Post Doctoral Fellow in Clinical Nutrition Nutrition Support Service Hospital of the University of Pennsylvania Philadelphia, PA '"' ~,~. - - , ,"~'. 0' j~~ ",~"""=",,,,'>'l""'. 1984-1985 Measey Foundation Fellowship Harrison Department of Surgical Research University of Pennsylvania Philadelphia, PA 1985-1986 American Cancer Society Fellow Department of Surgery Hospital of the University of Pennsylvania Philadelphia, PA Faculty Appointments: 1984-1986 Assistant I nstructor in Surgery 1986-1987 Chief Resident-Surgery University of Pennsylvania School of Medicine 1987 -present Clinical Instructor University of Pennsylvania School of Medicine 1987-presentActive Staff Paoli Memorial Hospital Licensure: Pennsylvania - MD026594E Certification: 1988 Board Certified by American Board of Surgery 1997 Re-certified by the American Board of Surgery Membership in Professional and Scientific Societies: 1982-1989 American College of Surgeons Candidate Group 1982-1987 American Society of Parenteral and Enteral Nutrition 1977-presentAmerican Medical Association 1987-present Chester County Medical Society 1989-presentFellow of the American College of Surgeons 1996-presentNational Registry of Image Guided Breast Surgery 1997 -presentAmerican Society of Breast Surgeons 1997 -presentAmerican Society of General Surgeons 1:; "".,~~~- "J' ; " ,-1..~.J ti.;tr.~~""J1"'"",l1.",'t.., Awards, Honors, Memberships: 1975 Sigma Li Research Society 1975 Grass Foundation Fellowship in Neurobiology 1976 Phi Beta Kappa 1980 R. Brooking's Medical School Research Award 1996, 1999, 2002 Philadelphia Magazine's Best Doctor (Surgery) 1996,2001 Main Line Times Best Doctor Issue Committee Membership-Hospital of the University of Pennsylvania 1983 Surgical Audit Committee of the Medical Board 1983-1984 Medical Board (Resident Representative) 1984 Vice President, House Office Organization 1984-1985 Infection Control Committee Committee Membership - Paoli Memorial Hospital 1989-1990 Hospice 1989-present 1988-1990 1989-1990 1 990-1 992 1987 1989-1993 1990-1993 1990-1993 1991-1993 1998-2000 1998-present IRB Transfusion Surgical Case Review Chairman, Surgical Case Review DRG Corporate Management Growth ICU-CCU Cancer Board Member IPA Vice President, Paoli MemorialHospital Medical Staff Medical Executive Committee, Main Line Health 1998-2000 1998-2000 1996-present 2000-2002 2001-present 2000-2002 2000-present 2000-2002 1993-present ~d ~ - " ~m_l,"""""';iC",;-"'.","",,--;: Chairman, Paoli Memorial Hospital Credentials Main Line Health Credentials Medical Executive Committee for Paoli Memorial Hospital President Medical Staff Vice Chairman, Medical Executive Committee for Main Line Health Board of Trustees, Main Line Health Main Line Health Strategic Planning Committee Main Line Health Finance Committee Medical Advisory Board PSS - Health South :: - '-" ~"i . ....."," ;< ~,,' ...._""......''''''''''"'''''''''.(0, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ib #L-day of 0 fJ~ 2003, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) MARGOLIS EDELSTEIN By41(J/Ytt~~, tfr~<? Secre ry '1 .. CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7228 v. CIVIL DIVISION - LAW JEFFREY SEDLACK, M.D. and Defendant JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM A. Facts This litigation arises out of injuries sustained by Cyrus Greenberg as the result of surgery performed by Defendant Sedlack on or about November 22, 2000. On that date, Plaintiff was admitted to the Carlisle Hospital Surgical Center to undergo double hernia surgery as an outpatient. Dr. Sedlack performed laproscopic surgery to repair the hernias, and during the course of the surgery he admittedly nicked the inferior epigastric vessel. At the time of surgery, Dr. Sedlack attempted to repair the injury. Following completion of the surgery, Dr. Sedlack did not inform either of the Plaintiffs that he had nicked the epigastric vessel, nor did he advise anyone on the hospital staff of said injury. Following completion of the surgery, Cyrus Greenberg was discharged without Dr. Sedlack personally examining him. At approximately 10:30 that evening, Louise Greenberg discovered that her husband was bleeding internally and blood was oozing from his incision. Cyrus Greenberg was transported from his home to the emergency room where it was determined that he was in shock and had suffered a heart attack. -, .,I~'.-~~ " ,~__', " _.' c. ,,' _' " _, ,,~ "-":~'" :c~"' :;,~,,;,_ ~:".J<:,,;,'> __,,; "~"'__-';' ,,~,,"',,;'-;'" J>;", , .. .'C '. __~". ","."--""y,,~: - B. Witnesses . ec. ft'b^ 1. Cyrus Greenberg 2. Louise Greenberg ~ 3. Jeffre Sedlack, M.D. 4. G rc ner 5. j.- f\" Jbr (J!!rr. ) 6. M Bo 7. erry Robinson, M.D..:J 8. Larry Rankin, M.D. 9. H'",1d G""'oba",. M.D. ~~ 10. Leanne Wagner ~ vS 11. Benjamin James ~o,rf' C. Exhibits 1. Plaintiffs medical records ( S 2. Photographs of Plaintiff D. DamaQes /. Plaintiffs make claim for pain and suffering, as well as medical expenses. Plaintiff was retired at the time of these incidences and no claim is made for lost income. E. Stipulations Desired Plaintiffs request a stipulation as to the authenticity of medical records so as to not require the attendance of custodians. F. Special Requests None. G. Settlement Discussions Defendant has indicated that no offers of settlement will be made, and accordingly there have been no settlement discussions. 2 .~;; -, "' ,'~ o-,~-" ",' _ ;~I,' H. Estimated Trial Lenath 2 Y, to 3 days. Dated: 4/13/04 - ~ ~,':' ,':' ;;o',_'~, ,,: ;' ,,~';:',:,"-~T; --~- ;"S' - Respectfully submitted, WIX, WENGER & WEIDNER :r~ )J,/ Richard H. Wix, Esq.; ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 3 , ." . .' - . , , , ".. ,'.__ ,,;:;,;~~,;;';:;"~'L;\-..:'d:-C" . '",-\' '_',".dd'"'lti "~ ... w_ ~w ~," "" /"." c" ___"0" '''~='.'' . ''''''',"" '_" ,_ ""~"">'\ ,. ", , AUGl~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants ORDER OF COURT AND NOW, this '2.. 2' ~ day of ,4..;....... ,2003, based upon the Stipulation of Counsel Pursuant to Pennsylvania Rule of Civil Procedure 229; IT IS HEREBY ORDERED that Carlisle Hospital and Health Services is dismissed with prejudice from the above captioned action. The Parties agree that the caption shall be amended by deleting Carlisle Hospital and lIealth Services. BY THE COURT: /l;L J. !~ L-Il~ R)\:) ~..9.g.-c0 ~~~t"''''''h-~OO;l\l~=""'"''-'''~~lrj~~''ill'i"iW!llt~;.;I.~jj,~~'- 'lllOtLJU - .. ( " 0S ~tJ )JNn~Pf;lA~~~f'Qg -""/'110 S'C:/J. ~_.,;) kW iCe ::Jill< 1"..' 11:1 ~ r 'I 1'\ 1.//'1"'<:'_" ~\.y VIV'..li-!j("'-', ' ::I"u~q,c' _' '.' ;;]V1.J:!i..)..6.4?i;J1.L ::10 p ,,~.!J;U.t..~~ '.. _ ~,~._J!1='T'," _. .., Jt",..~,,- ~,.,JILJ[, ~"',,_'. "<"' )1,~'''0'o",,''1,,~,r~'''''-f;~,",'';;''''''~'0.'-'''^_'~''''''*'' ',""~.."l'" - ^, ,k '..,) ;',-~, <<~<""~'",,"_,.., "..",_~_" ~,-o,~n,'",_",,"J~"~ "" "'.. ., ~"~ _~ -,- - - , < .""'" "h ",0.,"'_ ,.. .-- ,', '-""~'~'ii;"j-~ii 0/717/2003 10: 52 71 76526290 WIX WENGER & WEIDNER PAGE 03 0' ' ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants STIPULA nON OF COUNSEL PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 229 Upon stipulation of counsel, Carlisle Hospital and Health Services, Defendant is hereby dismissed with prejudice from the above action pursuant to Pennsylvania Rule of Civil Procedure 229. It is understood and agreed that this dismissal will not affect any rights the Plaintiffs may have as against the other remaining Defendants and/or Additional Defendants. This Stipulation may be siglled in counterparts. By:~jC~ALli. W,( Richard H. Wix, Esquire Attorneys for Plaintiffs 4705 Duke Street Harrisburg.PA 17109-3099 Court I.D. No. 07274 By: ~1! WiX, WENGER & WEIDNER lCluie . Ba!lowski, Esquire Attorneys for Jeffrey Sedlack, M.D. 3510 Trindle Road Camp Hill, PA 17011 CourtI.D. No. 32646 n - ,'. ,,,,,,,., " -""" .'."',, "''''ri'''-''"",'>--~-=..-c,;.;'^ 'r"">-''''''''-~''i'i , ; . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants STIPULATION OF COUNSEL PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 229 Upon stipulation of counsel, Carlisle Hospital and Health Services, Defendant is hereby dismissed with prejudice from the above action pursuant to Pennsylvania Rule of Civil Procedure 229. It is understood and agreed that this dismissal will not affect any rights the Plaintiffs may have as against the other remaining Defendants and/or Additional Defendants. This Stipulation may be signed in counterparts. WIX, WENGER & WEIDNER MARGOLIS EDELSTEIN By: '~j ('~J. ~. L..w Richard H. Wix, Esquire Attorneys for 4705 Duke Street Harrisburg, P A 17109-3099 Court J.D. No. By: Michael M. Badowski, Esquire Attorneys for 3510 Trindle Road CampHill,PA 17011 Court J.D. No. ': . '13:/17/213133 113: 52 71 765262913 ."jot.. -I . COHEN, LtC By: D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2832 Court I.D. No. 50919 CourtI.D. No. 84105 8.22.02/KDMlI103729.1 2 , . ~^ , ~' , ~~ - , .. I~",,' -, , WIX WENGER & WEIDNER ',;;. ,--",'"",,,,,,';;,,;,,",,;"';"~' "<""""'~' c;"" ~,~"'~,,,,~ PAGE 134 !!:~ ~;1h;.,t{v ,.~ o<.i~,;""'-J';"~""'~;;U:;j'T"'0:iit';R"If<";t~,,,'''H>0~''''J.l,~jf;;Jt.'\Nl;~ "-_J.;..LiI"'~U.!IlIlil-~"~' ~~~~il~1 "lll1_i!ltI/lflIllJI'W J "" . . \ (') C) 0 C ,W ... r: J..."'" IT; ,"= (' '::J'J .. -7 - ..:,~" C Z -,J"T"i (0' .- CO Ie;:' -:;, ~\:~ (,) T, ~;'(~.-~I :)?5 .?Cn ~ ~3r-n ':"7 -'"', ",'~ :.n -:!,> :.:;J :n -< ~ ~..-~,1() 'e';!l,,,,,J.,.1;,"~c=t5Aj l-!A!lJU,)~J!U!!!!"~o~,;"~,,),,,. I,,", .-,."":P,~~,.~J"~:'I;L~,t:,~"?,,,~,~~,,,y]!! .;,,,~:J,;--,~<,,,.,.,,~,..,~,J~J.,., ;::p,;:', 0 ~,:<.~I, ,~~,;,!,:,,,,.~,-;,-,:, !J ~,J. :).J"",~':'.", ,'~);1.~,"" _ "JL~,,l'<1,~Jt-r,~,,,,,. I,. :Jjj]tl" JU 1 ~.l;, "Jl ~,J!.<,,, ~~ - -'-'"i{;k;'.;;' CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED IN RE: DISCOVERY ARGUMENT ORDER AND NOW, this 2ih day of August, 2003, the plaintiffs having produced an expert report beyond the time limits allowed by our prior order, we will nonetheless permit the plaintiffs to proceed, but with the understanding that the plaintiffs' expert testimony is limited to that adduced to date. BY THE COURT, Aichard H. Wix, Esquire For the Plaintiff ~ichael M. Badowski, Esquire For Defendant Dr. Sedlack ;7 :rJm RKs o q ~() ~ - (JJ VIN\fIIlASNN3d ,...,. " "''''\ """"':",11'11' 11\1(1('/") : ;',.1'7 !'';41':.~Vll;v 1~1~1 I~" . f> \ l1J ~<J " 'i" 01 :0 P1!,' ,'",,!,. '''...1 (.., dj:.J f,.L AtlV.lCi\\.-.-,.J_"I.. "..,:_~ 3:):1:(0- U:, '1..:. :10 --., , '", Ij I i. ! .,xL J 8~L0""."",-",~,)l'f!'~g,c-}m-'t,.;.--,.'-;;g,; ~~" j" " K,~J ",""'t. ,'.~"^"".~"'" "~_".,...,.,,,. tel,~Jtt~.",J..,,,,",,Il\., ~....~.,~. ~.' "'~ ''"''-'''-'"., . ~"c'."",c,~ , "-" ""'''''''''''''-'''~-'''' .~ ",.~.,. ~ . o,.~._,"', ,",~, ~~, ~ .. .,.." ..," ~-"~-"-'~~, ,~J ~ ".'~ I, 'a~""","",-"'o'Ih.'J:li';;\~",,,; PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argurent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) CYRUS GREENBERG AND LOUISE GREENBERG, His Wife, Plaintiffs (Plaintiff) vs. JEFFREY SEDLACK, M.D., AND CARLISLE HOSPITAL AND HEALTH SERVICES, (Defendant)S No. ~8 Civil W 2001 1. State matter to be argued (i.e.. plaintiff's IlDtion for new trial, defendant's dam.u:rer to carplaint. etc.): MOTION OF DEFENDANT, JEFFREY SEDLACK, M.D., TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT 2. Identify counsel who will argue case: ( a) for plaintiff: Jlddress: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (b) for defendant: Address: 3. I will notify all parties in writing within hie days that this case has been listed for argunent. 4. Argurent Court Date: DECEMBER 3, 2003 MICHAEL Dated: october"'!" D, 2003 fff: ;!~~~~;tljJi;"M,;CJ'l_""~i':'f'~~<'~;<_ "".""",.6-"',;""i",'-'~."'!i-,l,;.;N;li'~:l~fll1;;~:~,ljij'4S:i",~&;,~'l?J~~ ".-;:,:tr' ("'r\';-- ~~';~- ~} ~ ,. ES- 8X/ - o C :~-'"- C) ,:..,,) :"':1 ., :--'1 'i-....) -<1 ..< ;;,J1A~;"'.JW-,,J~wX~ LI ]LlJULJIUi)lUl.~ ",~t, ,.;A~~I!~!IJ~.;;fJ:~j!.!",~"~.UL,~Jni,,,,jJi";;-o~'t<',.-",,,,,~",."~.\l,;,;",D)"x~",,_.:,.:--.,,, f,'/Y", ;,'. "",:"g,,,,,. -~, "~;t"'!'1r,,,, ',,"~,"'~"" ""'.p;",; o. ,.,~ ~".., ".'.m'~,"'"'''''''''''''' CI ,'i .. '-- ~, "-' - , .1.~ e',,--_J ;-----,) _> :=-.l -l~f?! i> ::> .,,;_1 ::<: ~, '". ="c__~,,"""' ".'"o~~'" \ - ,., ":,, -.-~. PRAECIPE FOR LlSTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ., ,"'/..,.;,~-',,'" - ";" , '," ,", ;,',' "-,,"d' '~ TO THE PROTHONOTARY/OF CU;\IBERLAND COUNTY Please list the following case: (Check one) ( X) for JURY trial at the next term of civil court. ( ) for trial without a jury. ---------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) CYRUS GREENBERG and LOUISE GREENBERG, His Wife ( ) Assumpsit ( ) Trespass ( ) Trespass (~lotor Vehicle) ()c) Mt'-( '?r4.cJ",~-e I (other) (plaintiff) vs. The trial list will be called on I ?-.A /03 and ( , Trials cOlllIIlence on J!J ,.. /04 , / JEFFREY SEDLACK, M.D. (Defendant) Pretrials will be held on I~ (Briefs are due 5 days before trials. ) (The party listing this case for trial shall provide forthwith a copy of the p'raecipe to all counsel, pursuant to local Rule 214-1.) , vs. ~o. Civil 01-7228 19_ Indicate the attorr.ey who wi!! try case for the party who I1l<s this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke Street, Harrisburg, PA 17109-3099 ID#07274 652-8455 Indicate trial counsel for other panies if known: Michael Badowski. Esq.. Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011 This C:1se is ready for tri::u. Sigr.ed: ~~.t /..L L.b. Print Same: Richard H. Wix, Esq. Date: 10/7/03 Attorney for: Plaintiffs ~ . --,,. '~~~~~!u'lii1tJ~~~'<ll\liAil\l?1~'1{"',o'!l;*"":jf.;"i,;,;,;,,,.\;"ili"'~""u,,~,';,<~j"%id;i~ ' ~p, ~,,"'''''-''', . ' ,.w ~'" '.,"'. ~"~dl!~"'-'"(j" (') c:: ~ -o(~~ !J)U &!;:- j~;:: :::::::~:' .:J:; "'_ ..",~ ~C; :Se' ? $ ~. fiw (Jl _I:'. C"'~, (.0 C:.:> ~---" -"~: ~~: --~~;;:?J 2~liJ:l }~ ;0'0 r"~,;,'-n i1 =0 -<: i "-.1 ~". ~ !'J~1i~;.QJJMl.~~,\~':::~j,ULlr.~PlbH~"_:ff-r,~~~;~J~:';~J~_~~$o;~1%lk,i;~~,1~L..;~,;,~,;}t,,~.;f;~0~1:r,,1,;s;*I~,,;;t~3,,~A;;>',~;'",::"~,,,~~,~:,~-?:;~L,t;~ '~;.,~;,dlt,~!}~"~\1f1~Sr~~\".__J",,J~,Jll .- JIJ[![IIl JL"I~,~~. ._~.",,', ,~.."'" ," "-c.""w,.",,.,J'll - y<,> < --',1' ",. " ~ ',-,>":,,,V,. ",,,~<<-,"',;,.,",.," ',r'io""",-i..". """~I ~ . , CYRUS GREENBERG and LOUISE GREENBERG. his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7228 v. CIVIL DIVISION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED REPLY OF PLAINTIFFS TO NEW MATTER OF CaRLISLE HOSPITAL and HEALTH SERVICES AND NOW comes the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and make the following reply to Defendant's New Matter. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. 31- Denied. 32. Denied. 33. Denied. 34. Denied. 35. Denied 36. Denied. 37. Denied. 38. Denied. 39. Denied. -,,' <""'- ""n~~ "'-~"" j,""l.il.:~'" '""e', ',," "".""'~'" '~h'"'"'~"'i)..",,.,~;, '--~-Ji'ilii/~~i , , . 40. Denied. 41. Denied. 42. Denied. Respectfully submitted, WIX, WENGER & WEIDNER By ~~ jJ. W~ Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: d./~Io;)... 2 ,-,', --~ """ .',~ ."~, .,,'~'<A~ "~r_" ,"I~, """j.' -' ,- ~, "j.;j".~'J-,""" ,.i,'~~,,','~, ~", .. ~ , VERIFICATION I, Cyrus Greenberg, have read the foregoing Reply of Plaintiffs to New Matter of Carlisle Hospital and Health Services that has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 2.. / Ilf /' () 2.- ~~ Cyrus Greenberg ~ ~Jt - - --.,~-~ "-- ~ _-"'~~C,.'~.- "-,~ 'Yo'" ..~..~ "~"lti: . CERTIFICATE OF SERVICE AND NOW, this 20th day of February, 2002, I, Richard H. wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Reply of Plaintiffs to New Matter of Carlisle Hospital and Health Services this date by depositing a copy of same in the united states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Kendra D. McGuire, Esquire David A. Warren, Esquire Barley, Snyder, Senft & Cohen 126 East King Street Lancaster, PA 17602-2893 Michael M. Badowski, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 WIX, WENGER & WEIDNER BY~C~~ II LJx- Richard H. wix, Esq., I.D. #07274 Attorneys for Plaintiffs 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 "2 il1lii~M-a~"';;' ",,,,- "WiIl1ia' "'''-" '<"'''''.~\i'@''"''-i;i;illi;i~1l1 , ~"jlllt;"" +,;A;t,L"j.I,r,~"~:ill~JIW,"['LJ;~,~Q,~_;'::F; ~}~JTIJ J1LJPI"WPLJ,~~~~^~M~';1,~7,J1,L'_~'''~-,'oj:lJHL\~~f!".<!J;,h.),,_,_.l-,_U,__~) ,,_P, ,y~l,: .', '"y'i' ;,~,.~,J, -, ""r c "_~'-"--\""l,L," . '.' Q> L ;:,. (J~' ~,< ~, ~~ (~~' ..-'-e- :~ c_---:_, f.,J- --;1 I'"' ;',..) {-::;. :..:' " ~~ ::-1 -..... ';~ '^ ,,., "', 'WJ.,;;Jt~J?'''''''''_',_R''",,,,,-'I"<Z.., ",_ <,''^''. -,", l~]L~,., . " ~.~ ,~, ',.< .~"^~ .' -'",~ ''';- ,,', ',.,' ;",_ ",". L'",-:'- , -_'"'.''' "~",,;;__;,:,"'., \2. 'xt'F ... .. .. CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- '7'2.~P v. : CIVIL DIVISION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants : JURY TRIAL DEMANDED REPLY OF PLAINTIFFS TO NEW MATTER OF DEFENDANT JEFFREY SEDLACK. M.D. AND NOW comes the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and make the following reply to Defendant's New Matter. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. Respectfully submitted, WIX, WENGER & WEIDNER ByJiC~ !/. ~ Richard H. wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: ;1./;k/ 02.. if'lp:'};j;~'t ~ , ~ - "<. - ~ <-<'" "-.l.',",.. ''''''', _ r,. - ,'-,'." -.- -^ ,.'.~--.::.." '1. '1M''';;'';!-;:: .. ... r VERIFICATION I, cyrus Greenberg, have read the foregoing Reply of Plaintiffs to New Matter of Defendant Jeffrey Sedlack, M.D. that has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: 2-./' '-I J' 0 'L :;;f~~~ I; ",v~. "" 1'---'" -,"--~",~-,'.---' . ^~' --""',,,-;,,> .;f',"o"'" ,^ '. - ""'~i .. .... ; r ~ CERTIFICATE OF SERVICE AND NOW, this 20th day of February, 2002, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Reply of Plaintiffs to New Matter of Defendant Jeffrey Sedlack, M.D. this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael M. Badowski, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Kendra D. McGuire, Esquire David A. Warren, Esquire Barley, Snyder, Senft & Cohen 126 East King Street Lancaster, PA 17602-2893 WIX, WENGER & WEIDNER By %. ~v-vl 1-1, {ck' Richard H. wix, Esq., 1.0. #07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 .-1~ ;~%-ilJ.ii.imi~j -.,.A","""o;.~;h'1r'f~- -'< '---.~oM.~jjj[W" ...;""~_liDd'Jjjnl.tkl ... -' .. ,. " ~ ., .. r___-~ n"'! ' . ~ ~~-~I ~ 2:~ ,''.,') (/) t~ -< c- , (< ~--:- ( -"-'-- -' , ~~ "/' ~:::i :~ :::-> -" .~< '" -, ^_~I;:~~,_,:,J,W:,:-,_..":,J;m~.J~tI~l!f1i,lfl,~J~k_~~%,~,~,~~,, "--""~,+'Jk~,o",,,,,;m,,_,~i~t.~~J,UJJU .;,~Jj~~),,,~;J,,1~IH~-}rJ_'-~P:"""}"^',1\._c_~~~,"\~,'."f,ry,,"_""'" _""~"'C~_~,_",,~->>-J ,\;.-1L--",~,,~,. ,~, Fd _":,0 ,'~ ,'__ ~,w__""",_e_%,<,'_" _ _,. ,",," '",' 0 ,.1__., ,." ,,~.l - ,. , " t , v,.j ,;. "". ~,-~ -.-it,.li:i' -J1Jirr~; CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY SEDLACK, M,D" and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants 01-7228 CIVIL TERM JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 20th day of March, 2003, following a telephone conference with counsel, it is ordered and directed that the plaintiffs comply with the following discovery deadline: 1. A response to expert interrogatories shall be forthcoming within ninety days. 2, All other currently outstanding discovery shall be responded to within ninety days hereof. By the Court, Richard H. Wix, Esquire For the Plaintiffs .--;1'(. K7A. H~ Hess, J. stephen L. Banko, Jr" Esquire For Defendant Dr. Sedlack . ~ 3.~/~o3 ~ Q-.. Kendra D, McGuire, Esquire For Defendant Carlisle Hospital :bg .~ ;imj~-i\1~~~~lWJ;j~]\-'i..~~~},~t;ic~"_'","'h'-"'-"'" ,,,,~r_;'''.!,*h':!;~'A,~~~.:~t" .'-~1iM!"w--" "","' - -':if'!i!M~-- ~ - ~ 1 ~.~= il<lo.ol~ --;'t \/i;\:\//'~!}.,~) .iN'3d -, r;:'_::r\J;;::) esi E>-N i (. -, lJ <J '" d ." -' lo.1liL~I~t~___~,~....~L~lL~>R~~~~,~,~",_,.,.'~:~~.),~,_,1;,:-;~J!}J-J~~eJ.~~,___,,~L'\Lh,,_~SUJ)~L;"',i;/lby:,,)l>_;;,-'0,S-;; ~^)~"to"c'LJ;r-, },J,,: ,~.l ,,,,,_~JJUL.~''''T''''~4_)~J~,;Ut ;,~",JJiJ",~,-,~M,~~,~-_J, ~!fJt JJJJ" ]~F l unl ..l!Ii:lU.. ~-~ -,- '<, '. .~ ,,-, ,,,';, - "--" '~'--;-,:" ----".. --" ---1,->,--,.': . '''_ '--;".0'''';''';-.'''--'- ,.'-u~~>,,~- ,c,,_". "---'Wj~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No, 01-7228 v, JEFFREY SEDLACK, M.D, and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: Richard H, Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg,PA 17109-3099 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, Date: ..>/ 'f;/.-'-/ I BARLEY, SNYDER, SENFT & COHEN, LLC BY:~' Kendra D, McGuire, Esquire David A, Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2893 (717) 299-5201 Court LD, No, 50919 Court LD, No. 84105 1045360.1 ~ .. ' - .',,',-,". .-' '~l',""",_o 1,- ',:,,:',,-, "J_,,_~;;-<_~, ":'J''''"'~~"''''''"Y':T(;-~r-~'-: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No, 01-7228 v, JEFFREY SEDLACK, M,D, and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants ANSWER AND NEW MATTER OF DEFENDANT CARLISLE HOSPITAL AND HEALTH SERVICES 1-2, Denied pursuant to Rule 1029(e), 3. Admitted, 4-17, Denied pursuant to Pa, RC,P, 1029(e). COUNT I CYRUS GREENBERG v. JEFFREY SEDLACK.. M.D. 18-19, Tl1ese allegations are directed to a Defendant other than Answering Defendant. In so far as a further response is necessary, these allegations are denied pursuant to Pa, R,C,P, Rule 1029(e), COUNT II LOUISE GREENBERG v. JEFFREY SEDLACK.. M.D. 20-21. Tl1ese allegations are directed to a Defendant other than Answering Defendant. In so far as a further response is necessary, these allegations are denied pursuant to Pa, R,C.P, Rule 1029(e). 1045360.1 , ", --~ ;~. -'~<~ ,,_~ -1 ,~.,-, -,~~_'"I,"; _~ .",--, ,) ", ,,~-> ;',o,~~"_;"",,:,,",,,k.~"';,:-:~;,_:,.__,;,,",;-~'_;i;:: COUNT III CYRUS GREENBERG v. JEFFREY SEDLACK. M.D. 22-23, These allegations are directed to a Defendant other than Answering Defendant. In so far as a further response is necessary, these allegations are denied pursuant to Pa, R,C,P, Rule 1029(e), COUNT IV CYRUS GREENBERG v. CARLISLE HOSPITAL AND HEALTH SERVICES 24, Answering Defendant incorporates herein by reference its answers to Paragraphs I through 23 of Plaintiffs' Complaint. 25, Denied, This allegation is denied pursuant to Pa, R.C,P, 1029(e). It is denied that Answering Defendant was negligent or breached the standard of care, To the contrary, Answering Defendant acted reasonably and appropriately, Plaintiffs do not identify who, they believe, were the negligent agents, servants or employees and, therefore, Answering Defendant cannot further respond, Answering Defendant demands that Plaintiffs identify Answering Defendant's alleged agents, servants and employees, WHEREFORE, Answering Defendant requests that judgment be entered in its favor and against Plaintiffs, NEW MATTER Answering Defendants hereby raise the following New Matter pursuant to Pennsylvania Rules of Civil Procedure 1026, 1030 and 1032: 26, Plaintiffs have failed to state a claim upon which relief may be granted, 1045360.1 2 ~~ , "" , , ;' .,. , " ',~- " ,~.,d L , -~--;" ".;-,~","-, .... , '-", ",- .-.--, 27, Discovery and investigation may reveal that Plaintiffs' claims are barred and/or limited by the applicable Statute of Limitations, 28, At all times material hereto, Answering Defendants provided full, complete, proper, reasonable and adequate medical care and treatment in accordance with applicable standards of care, 29, No conduct on the part of Answering Defendants was a substantial factor in causing or contributing to any harm alleged by Plaintiffs. 30, The negligent acts or omissions of other persons and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged by Plaintiffs, 31. The incident, injuries and/or damages alleged to have been sustained by Plaintiffs were not proximately caused by Answering Defendants, 32, It is believed, and therefore averred, that discovery will show that Plaintiff, Cyrus Greenberg, was negligent and that his negligence exceeded the negligence, if any, of the Answering Defendants, thereby barring recovery by operation ofthe Pennsylvania Comparative Negligence Act. 33, It is believed, and therefore averred, that discovery will show that Plaintiff, Cyrus Greenberg, was negligent and that by virtue of his negligence, Plaintiffs' claims may be limited by the operation of the Pennsylvania Comparative Negligence Act. 34, It is believed, and therefore averred, that discovery will show that Plaintiff, Cyrus Greenberg, voluntarily assumed a known risk, thereby barring recovery by operation of the doctrine of Assumption ofthe Risk. 35, Plaintiffs may not have properly mitigated their damages, 1045360.1 3 :; --,,"," I ;,. ~ ,,", ,- ~"- 4' " L-~ - .," ~ ""-'j--'-l_' "", ':"-,~__, ,,'C_ ",-.";_~,,,,;,~". 36, Plaintiff, Cyrus Greenberg's alleged injuries, if any, were sustained as a result of natural or unknown causes and not as a result of any action or inaction on behalf of Answering Defendant. 37, If Plaintiffs suffered any of the damages alleged in the Complaint, the damages were caused by the conduct of others over whom Answering Defendant had no control or right of control. 38, All physicians rendering medical care or treatment to Plaintiff, Cyrus Greenberg, were independent contractors in relation to Answering Defendant and were not the agents, apparent agents, servants or employees of Answering Defendant. 39, Insofar as any agent, servant or employee of Answering Defendant or any person for whom Answering Defendant is or may be vicariously liable, selected a treatment modality which is recognized as proper but may differ from another appropriate treatment modality, then Answering Defendant raises the "two schools of thought" defense. 40, Plaintiffs may have entered into a release with other persons with the effect of discharging Answering Defendant or reducing the amount of liability or judgment against Answering Defendant in this action, 41, Plaintiffs' claims are barred in full or in part to the extent that the doctrines of res judicata or collateral estoppel apply to this action, 42. The injuries alleged to have been sustained by Plaintiff, Cyrus Greenberg, were caused by the underlying disease process and not from any negligence on the part of Answering Defendant. 1045360.1 4 ".g ,p- ,,- ~ " ,--"'~~'- -, -,' 0'"' ',-, -- """<.'" "'^". 1;..- " -. '. ',,,.~---,~',,:,,,,, ".'';', '-'~~;.;'<.- ' u"",:,j., ;t~~; WHEREFORE, Answering Defendant demands that Plaintiffs' Complaint against it be dismissed with prejudice and judgment be entered in favor of Answering Defendant and against Plaintiffs on all claims, Date: .~/'1f:v BARLEY, SNYD~T & ~OHEN, LLC By: ~/~ Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2893 (717) 299-5201 Court LD, No, 50919 Court LD. No, 84105 1045360.1 5 ~ ."""';<,~. ~-- "0 ,,, " ,,' ~-~' 1-" " - ~- ~,-- '- -- , ~~."" ,e"h-'--'; VERIFICATION I, Mary E, Clever, verifY that I am the Executive Director of the Carlisle Area Health and Wellness Foundation, and that as such I am authorized to execute this Verification. The foregoing Answer and New Matter is based upon information which has been gathered by our counsel in the preparation of the 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 extentthat 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, CARLISLE AREA HEALTH AND WELLNESS FOUNDATION By: /~t~~~~, ~ Mary E. ever Executive Director D"'r"7 ''"3 dt>7~ F:\FILES\DATAFILE\HOSPITAL,DOC\GreenbergLitigation-verif.wpd ~ ~ " -~'~.~"' -- "-,U .."... '> ,-,~', '.. ',' '0'" .,.'-,,1,,<, ,_, ;__, ',"- .. '. ,~'-<.L,;,; ,";,-0 ", __' ,I,' " 'ilw{~; . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter was served this flit- day of ~/ , 2002, by first class mail, postage prepaid, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Jeffrey Sedlack, M,D, Suite 204 220 Wilson Street Carlisle, P A 17013 BARLEY, SNYD~ COHEN, LLC By: 1LJ Kendra D, McGuire, Esquire David A, Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2893 (717) 299-5201 Court I.D, No, 50919 Court I.D, No. 84105 1045360.1 " ,;il~li!.\fM,j;~lj~iRli1;'j;M\!~~;!!~';<';;;i!\J."~&,it;fu:!l1m-n:h--..at,l&,'~-f:-l!:~.'lifi:;i1l;~~"~i",,"';~_,"I,;;,;,;, 'li-.,;;-.,,,,~ik*,,',,,,,~Iif;;,&Wiiijjjil8i:i~E!lli"""""'~" -~ .w<..., ,," -'o""liI~""--- _h - -~.1lI.n o c;~ , [fir' .c::'~r ,- Co ~- ~~~,~ €. i--:' ~..c 2" :3 , "'" ,~L[, L [l!l!ll,U~~__ ~_ ,,,,"~~ _"",,,,,,,,_-,,,,)2,,,,-, . _~~." ~"",,,_~~~,~','--'.., 'r"IA"';"'~ ~_ _~"=~.7_r;r;,.F\',\-",!;r,,"'"r~.Y'., ~"__"_'''''O-'' _"'-'--",""~ ~"~,"',,,,,, <-',"~, _ __,'~ ~~" __ ". ,-<;>_~"XW,_~1_""",-_ ...- r:y ::> '.0 U"' 13// . CJ i'-..) \~; -" ';1 -,...J I CO", ~" !,! ~.t.~ ~~"" -",- :' j 7J ~::J '.:,-::; :f-{ ;5' C) ~5 t11 o;::! .:0 -< -~,~ "~",~""-""",~"'-''', "'-""'-,,' .~.. " -;c, ~,p '_'" ,~ ~,'," ,1_, ,~, ,-, ' " "'+ ~1:',; ,~;,>'- 't' --, 'Iiot~. ~. , , MIClIAEL M, BADOWSKI, ESQUIRE Pa, Supreme Court I,D. No, 32646 MARGOLIS EDELSTEIN 3510 Trind1e Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail : [717] 975-8114 [717] 975-8124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D, CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs. :NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M,D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Cyrus Greenberg and Louise Greenberg, His Wife, Plaintiffs c/o Richard H, Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: Z/1~Z- Esquire ~ -~ j ~ , ~ .-,^" ,~"~,,,,""_'c_"._,~ ~ c ..:',,,,,,, "I ~'- ,,'-c 'to---- ". ".;,.- ',--- "",,,,:, MICHAEL M, BADOWSKI, ESQUIRE Pa, Supreme Court I.D, No, 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M,D, CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs, :NO, 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M,D" and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, JEFFREY SEDLACK, M.D. TO PLAINTIFFS' COMPLAINT 1. Admitted, 2, Admitted, 3, Admitted, 4, Admitted, 5. Admitted in part and denied in part, While it is admitted that Plaintiff-Husband entered Carlisle Hospital Surgical Center with no medical condition which would prevent him from undergoing a bilateral inguinal hernia repair, he did suffer, at that time, from hypertension and elevated cholesterol level, These conditions were being controlled with medication. Additionally, Plaintiff-Husband was taking a daily baby aspirin, prophylactically, and was a' smoker of three-quarters (3/4) pack of cigarettes per day, --..-"~ - ,~ ,'.," ~' , ~.""o,; -:, . :; ;...1'. ~" - -;" ~',' '-.L~;"" 6, Admitted, 7. Denied as stated. The inferior epigastric vessel was ligated and sutured in the course of the procedure and excellent hemostasis was established, 8, Denied, After Husband-Plaintiff's admission to the Carlisle Hospital the ligature of the inferior epigastric vessel was discussed with the Plaintiffs and it was specifically mentioned in Dr, Sedlack's Operative Report, 9. Denied as stated. By way of further answer, following completion of the surgery, Plaintiff-Husband was taken to the Post Anesthesia Care unit from which he was then discharged in satisfactory condition, 10, Denied, After reasonable investigation, Dr, Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 11, Denied, After reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 12. Denied. After reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. -2 - -m - , . ^.'''h _ ;,,;, ;~__,,~, ~"'- ' l' -; I.. ,,_. --",~ '.'- ,',. ",,-&. < , '~~-""""<;; 13, Admitted in part and denied in part. It is admitted that Plaintiff-Husband was transported to Carlisle Hospital Emergency Department by ambulance. With respect to all other allegations, after reasonable investigation, Dr, Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied, 14, Admitted in part and denied in part. Upon review of the records, it does appear that Plaintiff-Husband upon arrival at Carlisle Hospital Emergency Department was in shock, With respect to the fact that such condition "caused" a heart attack, after reasonable investigation, Dr, Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 15, Denied, The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with respect to any allegation that Plaintiff-Husband has sustained "cognitive losses" which have required additional medical treatment, after reasonable investigation, Dr, Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied, 16. Denied. After reasonable investigation, Dr. Sedlack is -3- - . _," __, "" --," -'-., _, --'~J' ___', ".:,,'J_ 1,- '--'. ,,- -."-' "';''''''''''''--'i~~. without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 17. Denied. After reasonable investigation, Dr, Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied, COUNT I Cyrus Greenberq v. Jeffrev Sedlack. M.D. 18, The answers contained in paragraphs 1 through 17 hereof are incorporated herein by reference as if set forth in their entirety, 19, a-e, Denied, The allegations contained in this paragraph and sub-paragraphs recite legal and medical conclusions to which no response is necessary, By way of further answer, however, Dr, Sedlack specifically denies any allegation or implication that any conduct on his part was negligent, To the contrary, at all times relevant hereto Dr. Sedlack acted in a fashion commensurate with acceptable standards of surgical care, Dr, Sedlack did not negligently cause or negligently contribute to cause any injury or damage to Plaintiffs. WHEREFORE, Defendant, Jeffrey Sedlack, M,D., demands judgment in his favor and against Plaintiffs, -4- -,--, " ",,, .-.... I. ' "0'-' , _'~-_'~_d ~'~. ~" COUNT II Louise Greenberq v. Jeffrey Sedlack. M.D. 20. The answers contained in paragraphs 1 through 19 hereof are incorporated herein by reference as if set forth in their entirety. 21, Denied, The answer contained in paragraph 19 hereof is incorporated herein by reference as if set forth in its entirety. )3y way of further answer, at all times relevant hereto Dr. Sedlack acted in a fashion commensurate with acceptable standards of surgical care. Dr. Sedlack did not negligently cause or negligently contribute to cause any injury or damage to Plaintiffs. WHEREFORE, Defendant, Jeffrey Sedlack, M.D" demands judgment in his favor and against Plaintiffs. COUNT III Cyrus Greenberq v. Jeffrey Sedlack. M.D. 22, The answers contained in paragraphs 1 through 21 hereof are incorporated herein by reference as if set forth in their entirety, 23, Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, prior to the surgery referenced in Plaintiffs' Complaint, Dr. Sedlack did secure Plaintiff-Husband's -5- ':~ - - ~ ,"--'-'- , . '0, ~', _n 'n''''',,"__ ~ ,c- - " ' ,,,~," , <"""',~,,',,, -J '~~,; . informed consent. WHEREFORE, Defendant, Jeffrey Sedlack, M.D., demands judgment in his favor and against Plaintiffs, COUNT IV Cyrus Greenberq v. Carlisle Hospital and Health Services 24. The answers contained in paragraphs 1 through 21 hereof are ~ncorporated here~n by reference as if set forth in their entirety. 25, a-c, The allegations contained in this paragraph are directed to parties other than Dr, Sedlack, Accordingly, and upon advice of counsel, no answer on the part of Dr, Sedlack is required. WHEREFORE, Defendant, Jeffrey Sedlack, M,D" demands judgment in his favor and against Plaintiffs. NEW MATTER 26, The answers contained in paragraphs 1 through 25 hereof are incorporated herein by reference as if set forth in their entirety, 27. To the extent applicable or to the extent that it may later become applicable, Dr, Sedlack pleads the statute of limitations referable to personal injury accidents in Pennsylvania to preserve this affirmative defense for the record, -6- $: , ","-,'."," "", L' "-' "':'- K.~',~>;iM!" 28. To the extent discovery reveals, Dr, Sedlack pleads Plaintiff-Husband's contributory negligence and/or assumption to risk to preserve these affirmative defenses for the record. 29, Plaintiffs fail to state a cause of action cognizable under Pennsylvania law with regard to Dr, Sedlack, 30, To the extent that Plaintiffs have sustained any injury or damages as alleged in their Complaint, the allegations being specifically denied, any such injury or damage was as a result of the acts or omissions of third persons, other than Dr, Sedlack, and for whom Dr, Sedlack is in no way responsible or liable, WHEREFORE, demands judgment in his favor and against Date: 2/7~2- By: .~.. '. / LSTEIN./ ../ ;I l f , I / / , /~' ./ ! {..., "" MICHAEL M, BADOWSKI, Esquire Attorney for Defendant, JEFFREY SEDLACK, M,D, -7- " - ~=' . , ": .~ -", he, ,,'--,_ C ", ',- "-h -,.. <. ^', '_' .',1', ~:; ,',' ~ l- " . . . . VERIFICATION I, JEFFREY SEDLACK, M,D" state that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa, C,S,A. Section 4904, relating to unsworn falsification to authorities. Date: 7- hi IJ"Z-- JEFFREY~~~M'D' ^ '-',-,,',)-,.' " 'n';~,$;Iii:~, ;; <~ "'0'-> '" ;,1,., ","' ". ~ ,,'--'" -,J;',' ',;,,1 . . . ~ ' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~ day of ~~~_ , 2002, and addressed as follows: Richard H, Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Carlisle Hospital and Health Services Attn: Risk Management Department 246 Parker Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By/~k(}A~ S cretary rr:~<\.t?':,:;;!;~:':~~;;:~<~~;t!; ~1~~.MI~~MWIOW~J;l~tJI~"1~~@rj,~:!!:,.'&~fl,*",~-i#iiIo, -J]' --1- ~-- '"'" o ,-"~ "".- ~~~'; Z::;: 2~j'-- cr: ..< :;:'.::~:C: :;t:f; ::-:i -< """,, ... o j"....:.. " ,",: .,~ J (:'0 "': ,# , . t'., '" i ,_n (".) :::'1.; -< ~ 14' tl!!1!lliTh'<l<f1!1ii\..cjTW U 1II1l11JliltJLI" ..J ~",cJ!II.~,I<l!II",J!n.I.,."J ,!.J,...,I",IJ!LL!IWIU..,<;"41!!l!11);,!",..,, ",.II, M!!x.),"'~tI1WJ!...,t.,L,mi,..UUI.l~..", ".." .,11.. ,,'. . ,.,).r >, ,- .~ . - '" ~ " I, '^^' ,"".> ,~ '--'-' '1O_~",\, '4'- -"" . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009,22 IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS M, GREENBERG TERM, -VS- CASE NO: 01-7228 CARLISLE HOSPITAL & HEALTH SERVICES,ETAL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of KENDRA D. MCGUIRE, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 03/12/2002 ~lttf ' /irn KENDRA D, MCGUIRE~ _u ' Attorney for DEFENDANT DEll-315595 8S10S-LOl I. -'~a.l~'z;" , r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS M, GREENBERG TERM, -VS- CASE NO: 01-7228 CARLISLE HOSPITAL & HEALTH SERVICES,ETAL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LARYY RANKIN. M.D. MEDICAL RECORDS TO: RICHARD WIX , ESQ. MICHAEL BADOWSKI. ESQUIRE KeS on behalf of KENDRA D. MCGUIRE. ESQ. intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02{19{2002 MCS on behalf of KENDRA D. MCGUIRE, ESQ. Attorney for DEFENDANT CC: KENDRA D. MCGUIRE. ESQ. - 15071-151 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET #800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-178664 85105-COl o~ _, " , _ .l'. '--,,,,,^,, ,; .' ~ _" '0 __, .~' ~^" ''I'JliP-~lg,,~: ,. . '- I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENBERG VS FileNo. 01-7228 CARLISLE HOSPITAL & HEALTH SERVICES, ETAL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: LARRY S. RANKIN, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered b.r the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST, #800, PHILA,PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought, If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: 126 EAST KING ST, LANCASTER, PA 17602 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DEFENDANT KENDRA D. MCGUIRE, ESQ. DATE: ~~ll2..a';;l.n.l la d-D0~ , "-.. ProthDnDlary/~V' isiDn ~I'J./)..p _P YDfl_/T-I_f D. Seal of the Court (EEf. 7/97) ~ . - .... ,'.. EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LARYY RANKIN, M.D, MAS LAND ASSOC. INC.# 109 220 WILSON STREET CARLISLE, PA 17013 RE: 85105 CYRUS M, GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CYRUS M. GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-:30-5256 Date of Birth: 11-28-1925 ~.;..," ,., - '~ ~^'~' '&.i~_;.;" SU10-356666 B 51 0 5 - L 0 1 -;$'iu.'-M&"",iJ~~~~1f,'';''I''clM''\~ii;e1"iliM,",;,'\dliiJ,.""~,(~\!j,,,.Jj,,,,,, ,,-'. '-, : <>,-"--",--,,,>- ' '. "";'f'i;*J'~h{j;liSl1!m,FJjlillfi!w.~~~:e:M"t~~~f!Oh,",]f~r"I!~~IU\llllJlI"ff' o 'Jf~ n'} r: ;;:;,: ei,' --~' ! ' u' f~c;,: " ~~~ ~:~! ::::1 ,-' .~( (.1:) 11m " '. C"j f',\) 0': C, f'i " ,-:<J Cf'.J ...,~~\ (-"J Es 811 r,.J\,;;UJ,~J1\t,J4'lH J11iI,.lIIJ!J1[U,nUI.KU~L!~,t!JM,:\,~~_~UJjiL,,'F.~J.J;LJ!,~!J.l;,lltL~.~-,","D,,,Jl,,,~,<.,-,,~,~~).,,,,'b,''''%o'_ 0__~""",..fU,'';;,,'~,_,,~e18'',-",>'''''' '''~,~''",~_'~~',~,~, r~,"Wi-,',',,,,,,.~,,,,-,?,, ,"""~~,_!"__h, ^' -~~, .>,~ ''''',=, M,~~, _" __ ._ _,,~ ,~.", "'';F,,,p,",~ >.. ,.."'>--"- "',",."<~",-",':.,~,;;,~,, '"',..~ ~ ."" ,.I , ", ~:-;';,.~,- ,',-,-, - r~.' ""';""';':~:' , MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717J 975-8124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M,D, CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs. :NO, 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M.D" and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants, :JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Jeffrey sedlack, M.D" in the above-captioned matter, Da.te: ! /;tl /tZ- By: " ~ .--'- , " r,,;' '_' '__ < ~',' I, ~ , C",;"~J",,, f'"~ l"r6i CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, postage prepaid, on the lL/~ day of addressed as follows: Pennsylvania, ~QJd- first-class , 2002, and Richard H, Wix, Esquire WIX, WENGER & WEIDner 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Carlisle Hospital and Health Services Attn: Risk Management Department 246 Parker Street Carlisle, PA 17013 MARGOLIS EDELSTEIN By:G2LltVV{) ~v Paralega ,~ ;j~'.m"'><" i.i'.~~~~~iIliM\>~'l;.4Mi1,.,i;\i\i:,-,~~"i-j,",~""'i -'';''';Mw--- ,~ .....~ ;,J,J,LlilX,J,jijJlllU "''fllI(2"- C) c:: -~ ~[ /~- "-. 2i~:' tF:, Y~~2, =:< , C'.' ~',,} "-',,,, -c_"" t "~ --~;~~; - ' :_f'! ()1 ~:i;)_ --<. E'5- pl/ ,J, l~!.,~L!,~t~:~~,!!",,,~]l!J, )~;;!,~,~~~.,~~,~~ ,1J~,;gJ.:~,,\f, [~,,,t~:~t,;o_ "~" ~-~I:"JJ1!J.,. ':;~n'~i'i1;~"LJL;'~", ."j!,-\.W<l~~",,,,~:~,..,,'1'!',,,,,, ',.",",,"," JIJb,J:,,_,~ ~, ~ ",:"" :__ ,1,,:, L ,LL J_ _ ~ __ ___,_.. _ .mn - ~,~ " ."J ~_ '~.,"."~',,,, '. "ok J..M;u' """:-"'l''!!f~~ , SHERIFF'S RETURN - REGULAR CASE NO: 2001-07228 P i COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENBERG CYRUS ET AL VS SEDLACK JEFFREY MD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland county,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLISLE HOSPITAL AND HEALTH SERVICES the DEFENDANT , at 0835:00 HOURS, on the 3rd day of January 2002 at 246 PARKER STREET CARLISLE, PA 17013 by handing to SUSAN DAVIS, BENEFIST MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 3.25 .00 10.00 ,00 19.25 r'JH::~.,~~ R. Thomas Kline Sworn and Subscribed to before 01/04/2002 WIX WENGER ~~R By: 1~1YJr Deputy Sheriff me this ~ day of --4A'~ J.!Jvb A,D. ~ 0_ fhAlL, ~ Prothonotary --~- "~""- o~I~"". ~, "',.;;",k.,,,;,,.. ;'+'~f'" ~" .^ SHERIFF'S RETURN - REGULAR CASE NO: 2001-07228 P .~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENBERG CYRUS ET AL VS SEDLACK JEFFREY MD ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEDLACK JEFFREY MD the DEFENDANT , at 0828:00 HOURS, on the 3rd day of January ,2002 at 220 WILSON STREET SUITE 204 CARLISLE, PA 17013 by handing to PENNY SHERIFF, NURSE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.25 .00 10.00 ,00 31.25 So Answers: r~~-L: R. Thomas Kline 01/04/2002 WIX WENGER Sworn and Subscribed to before By: "'~ me this . day of 1 ~ , _"" " "",,, _~, ~ .," 0' ',",,' ,~" ",,,,..:-'"', ", "".ii!, j.' 11' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG & LOUISE GREENBERG, H/W TERM, -VS- CASE NO: 2001-7228 JEFFREY SEDLACH, MD" ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of MICHAEL BADOWSKI, ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 01/09/2003 MCS on~ ~ BADOWSKI, ESQ, Attorney for DEFENDANT DEll-386800 85746-L04 _I , _ ~__ '~',J'-' 0" ",'. ' ~y >',':C --, , . -;'-~'r."fu,,; " ....J;..:t. ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG & LOUISE GREENBERG, H/W TERM, -VS- JEFFREY SEDLAC,( MD" ET AL CASE NO: 2001-7228 NOTICE OF INTENT 'l'O SERVE A SUBPOENA 'l'O PRODUCE DOCllMBN'l'S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALEX '1', BOSHNAKOV, M.D. MEDICAL, BILLING, AND X-RAY{SI TO: RICHARD WIX , ESQ. KENDRA D. MCGUIRE, ESQ. MCS on behalf of MICHAEL BADOWSKI, ESQ. intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made, then the subpoena may be served. COI\lplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/20/2002 MCS on behalf of MICHAEL BADOWSKI, BSQ. Attorney for DBPBNDANT CC: MICHAEL BADOWSKI, BSQ. WILLIAM BOLTZ - 573004.4-00128 - 573004.4-00128 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREBT 1800 PHILADBLPHIA, PA 19103 (215) 246-0900 DB02-210717 85746 - C 03 ~, ,~ ',"'" '.'-'<- ~ ~ ~~I' < _"____4 " '" COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cl1MBERLAND CRYUS GREENBERG, ET UX VS File No. 2001-7228 JEFFREY SEDLACK, M.D., ET At. TO: SUBPOENA TO PRODUCEDOCl1MENTS OR THINGS FOR DISCOVERY,RVRSUANT TO RULE 4009.22 CUSTODIAN OF RECORDS FOR: ALEXT. BOSHNAKOV, M.D. (N_ of r-a or Entltyl Within twenty (20) day. after servl" of thi. subpoena. you _ ordered by the court to produce the following doc..- or thinge qF~ ATTACHED at MCS GROUP INC., 1601 MAREKT ST.. #800. PHILA.,PA 19103 (Ad-'l You may deliver or mall legible copies of the doc..- or produce thlnp requested. by this .ubpoe.... together with the certificate of compliance. to the party maldng thiS request at the ad~ listed above. You have the right to _k.in advance, the reuonable cost of preparins the copl. or pfoclucillg the thlnp sought. If you fail to produce the documents or Ihlnp requltecl by this .ubpoena. within twenty (20) clays after its servl". the party serving thi. .ubpoena may _Ie a court order COlllpeJUngyou to comply with it.. tHIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 'MT-r.llARt. Mft BADOWSKI. ESQ. 3510 TRINDLE RD. CAMP HILL, PA 17011 TELEPHONE: 215-246-0900' SUPREME COURTIDt: A TI'ORNEY FOR: NAME: ADDRESS: DEFENDANT DATE: f)~ q ~d- . rz~ Seal of the Court (Eff, 7/W) "''''''- ,~ . ,-, L", "' .~ ,;".... -- \1"'" ~f ~ , ~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEX T. BOSHNAKOV, M.D, 220 WILSON STREET SUITE 109 CARLISLE, PA 17013 RE: 85746 CYRUS GREENBERG Entire medical, billing, and diagnostic me, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray fIlms and tests witli subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: CYRUS GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SU10-4161688S746-L04 ,#J~:,1l~j~~iJiW~MJ-";;;$.W(,.4U*,Jo"~iitii~dh,",,,i~1lf"~,.iilj,,^,/'0'-";""'P""'"t1"_'G",";"~i"_~,""",,,-.';',\',S"'#,:,""~'b,il,*;;Mi~~ii!ll1~~iliIll;~~~>t~"fi~.~' ~..<~ 1dllIl.'~ii~~ '. ,Ji\,il\I!,!lLl!lR,"","~. ~~~ <' ~S~ (ji :.. i(~) c: ~ '""".) en .,~ "l (:::; c: n ,-"." -1"; ";:,'~ ~::: C') -.~ 'T' ~:: i~~ g;f1 :1J -< r"0 ~ (3H ,,,,,.II ,J[,,!, "JL"!!".~"Jktln"D.L,m'lllj!J!i,~ll._kl!Ul:!l",,,IoJ""I,:""L ill",I"l,:K"",.Yl"" . ". .""""".""o,."",","""!,j;A".j1;",,j,t, " ,A1II.lIL,... "I~~II),III.'II!!':I'J" , J 'J, ,,<.. ~ ,,:he ',",;,,1, L ~," ^,,' '<'""'<':~~ti1' ':~iii;i ... ".'- CERTIFICATE , PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG & LOUISE GREENBERG, H/W TERM, -VS- CASE NO: 2001-7228 JEFFREY SEDLACH,MD., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/07/2002 ~_MCS In ~e~Of , /~ ;~...,~ MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT DEll-364621 a 5 7 4 6 -L 0 3 ~_. ", ~ ~ ^,' ',-'" 'i'/!\i:l.MI~,,;:,: r ". - COMM:ONWEALTH OF PENNSYLVANIA. 'COUNTY OF CUMBERLAND IN THE KATTER OF. CYRUS GllEEHllERG' & LOUISE GREENBERG, H/Y -VS- COURT OF COMMOIr PLEAS TEllK, CASE 1r0. 2001-7228 JEFFREY SEDLACH,MD., ET AL NOTICE OF IN'l'ENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND ~INGS FOR DISCOVERY PURSUAN'r TO RULE 4009.21 HERSHEY MEDICAL CENTER MEDICAL RECORDS & HOSPITAL BILL TO. KENDRA D. MCGUIRE, ESQ. RICHARD WIX , ESQ. KCS on behalf of MICHAEL BADOWSltI, ESQUIRE intends to serve a subpoena identical to the one that is 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 the twenty day notice period is- Wltived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to KCS or by contacting our local MCS office. DATE. 09/17/2002 MCS on behalf of "MICHAEL BAOOWSltI, ESQUIRE Attorney for DEFEImAin' CC. MICHAEL BADOWSltI, ESQUIRE WILLIAM BOLTZ - 573004.4-00128 - 573004.4-00128 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-200306 8S746-C03 ~. ,," ~ ,,--, .'^, ,-. "."'.~*, ~ - - - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYRIS GREENBERG & LOUISE GREENBERG, H/W VS File No. 01-7228 JEFFREY SEDLACH, MD., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSOTDIAN OF RECORDS-FOR: HERSHEY MEDICAL CENTER (N~e.fP~.n.rEnti~) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: '!;1'1J1.. ATTACHED at MC!; GROUP INC.. 1601 MARKET ST.. 1/800. PHILA.,PA 19103 (Addressj You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request: althe 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 (20) days after its service, the party serving this subpoena may seek a court order compeIling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL M. BADOWSKI, ESQ. ADDRESS: 3510 TRINDLE RD. CAMP HILL. PA 17011 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATIORNEY FOR: n....lillln.M~ DATE: 10/07/2002 1 A-r.:.. JI~ ~ ,I( ~:L- v . BY THE COURT:.o , r.,.-r,;, R.. J..~ k' ProthOftotarfj efk. f;!vu Olvi.ion C).'t"-'- Q, )1.,"'0... Deputy Seal of the Court (Eff, 7/97) - '< I ~ ,. ; I -"~' " ~ -d'. :JiJil~fm;k,~ ,; ~ , ,,' .,..' ,- EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, P A 17033 RE: 85746 CYRUS GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: CYRUS GREENBERG , 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SU10-398104 8S746-L03 . "'1,,,,,,_,,:,;j'-':""'''''','5~-#''''','B.~-\HH~~.i4tJ..i~iijW;&M),~;~~ill~. '1r.m::~Jil~!~,!D l,ll ill URB_~ """It ,J,[)~['r , r_ m:l_ """,,,,,.=,,,,,'~J~,0e,,,,Jn%.,'f,'!1 ""-,-!,_\''''-')'j~""\-'m,"NW,,:i;,!X\1't0~!i5"'}!'1''-1t",,,,,,_~,,". ,', ',,,-,,:,'/i,'K!,'__W';S"'__ ,-<:l-c ".',..,r.~'7-;~",'~~,',^" ,","",X"", _ ,,' ,",," '^,;,.- o .- ~ ~:f ~~- j.~ C5 ~ a r..,..) c::> ,,-? ---/ , t.D ,~ -)1 c._:; , .... o ~fl -,-, '1-::::-: ,t-n .---, ~~) -,., c) <,It :----i .1> .:,(J -< ,,,-,,, ,';<","""'_0:l"cM',it,"",,-; !k!,"',',,',"~ " _'_ , '^ '" ~ .~ " ,~ ' ~" ~..~ ,~_ ,=,",,_ ,'~' '",,'~ "~_. ,'. 0' , ,...1. . ..' ~ ""'.llOI_~Otl"~';!,~"~,,,it"i", CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG TERM, -VS- CASE NO: 2001-7228 SEBLACK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICH.AELBADOWSKI,ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 03/19/2002 r'iS:':.nl b':.h~W~~ ~WSKI, ESQUIRE I~ Attorney for DEFENDANT DEll-323451 85746-LOl --O'^ ,.,~i ' ,,~--' ~~''''''1I~1:Iil', COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG TERM, -VS- CASE NO: 2001-7228 SEBLACK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 KASLAND ASSOCIATES, IRC. MOFFITT, PEASE (, L1M ASSOC. MEDICAL RECORDS MEDICAL RECORDS TO: RICHARD WIX . ESQ. KENDRA D. MCGUIRE, ESQ. MCS on behalf of MICHAEL BADOWSn, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) dllYs from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is ~ived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local HCS office. DATE: 02/26/2002 HCS on behalf of MICHAEL BADOWSn, ESQUIRE Attorney for DEFENDANT CC: MICHAEL BADOWSn, ESQUIRE WILLIAM BOLTZ - 573004.4-00128 - 573004.4-0D128 Any questions regarding t~is matter, contact THE MCS GROUP IRC. 1601 HARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179333 8S746-C03 " - ~, > " ,.' -.,~" I. ,_>J , lD.",,"""W"""i,;j,"'m"', COMMONWEALTH OF PENN5\'1.VANIA . COUNTY OF CUMBERL~'iD GREENBERG VS File :-':0. 2001-7228 SEDLACK SUBPOENA TO PRODUCE DOCUMD."TS OR THl~GS FOR DISCOVERY PURSUA.I\"T TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: ,MASLAND ASSOCIATES, INC. (SolIne o( 'Person Ot Endry) Within lWe~' 1:0) day. Uter ..rvic. 01 this subm"tTfX~l'fdered by the C'Oun to produc. the fallowing documents or th1nss: ." at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 (Add...., You may deun< or m~llegiDI. copi.. of the docum.nts or produc. thinp req....'.d Dy this subpoen.. together with th. certificate of ,amplionce. to the patty making this requ.., a' the address listed above. You hav. the right to ,eek. in Idnnce, the ~..onable cas' of preparing the copies or producing thel!Utlp -SlIt. If ~'au fail to "oduce the documents or things required by this subpoena. witr.in twenty (:!O) da~'s Ut.r its ,or\';,e, the patty ",,'inS titis subpoena may .eek a court order compelling you to COat ply with it.. THIS StllPOE!llA WAS ISSUED AT THE REQUEST Of THE FOLLOWING PERSON: ~AME: ,'DDRESS: MICtlAEL BADOWSKI. ESQ. 3510 TRINDLE RD. CAMP HILL, PA 17011 215-246-0900 TELEPHOSE: St;PREME COl".llT 10 t: AITOR.~EYfOR: nli'ii'ii'T\mAN'T' DATE: ~() /.J. ';:w '" / J q .:l ('):I ~ - (f Bre~:7 _ ~ ,..,Iumalar1JO..... ~ /d()~, p ~/?~~~r ',--- Seal of the Court (0.:1 i /97) . j ;. ",' ~--- - " " J.. ". "'-'-'<""'""",,,,.;,,,,,, """~M" EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MASLAND ASSOCIATES, INC. 220 WILSON STREET SUITE 109 CARLISLE, PA 17013 RE: 85746 CYRUS GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, car~ or treatmt:nt. Dates Requested: up to and including the present. Subject: CYRUS GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SUlO-357934 85746-LOl ~, ~r, ~~" , .:0' J ~ _ ^ ~',". ;:,<~ ",,,j -~';~.;,\: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG TERM, -VS- CASE NO: 2001-7228 SEBLACK As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE certifies that (1) A notice of intent to serve th~ subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, MCS on behalf of DATE: 03/19/2002 MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT DEll-317277 SS746-L02 ,.q; ',"'" ,', -.' " ~ . , ",,,,' lL ,;',...;' ';:~,i,. "'t/~lli"li\1l'!8 \ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS CYRUS GREENBERG TERM, -VS- CASE NO: 2001-7228 SEBLACK NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HASLAND ASSOCIATES, INC. MOFFITT, PEASE & LIK ASSOC. MEDICAL i::ECORDS MEDICAL RECORDS TO: KENDRA D. MCGUIRE, ESQ. RICHARD WIX , ESQ. MCS on behalf of MICHAEL BADOWSKI, ESQUIRE intends to serve a subpoena identical to the one that is 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 the twenty day notice period is waived or if no objection is made. then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/26/2002 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT CC: MICHAEL BADOWSKI, ESQUIRE WILLIAM BOLTZ - 573004.4-00128 - 573004.4-90128 Any questions regarding tbis matter. contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179334 85746-C03 - '- ~ J """< .. ' L - ,,' -"'-.< 1- '."'""'-i;~"";-.' . COMMONWEALTH OF PENNSYlVANIA , COUNTY OF CUMBERLA..'-:D GREENBERG VS File ~o. 2001-7228 SEDLACK SUBPOENA TO PRODUCE DOCUME-."TS OR nU~GS FOR DISCOVERY PURSUA.~"TTO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MOFFITT,PEASE AND L1M (~.me Qf Prnon or :nl:i~) Wilhin rw'~'llO) days oft.. se",ic. of this subpoe"... you "'!LordetOld by the court to produce tho following docum.nts or 'hings; SEE ATTACHED at MCS GROUP INC., 1601 MARKET ST., 11800, PHILA. ,PA 19103 ,Ad_.1 You may dein'er or m&illegible copies of the documents or produce thinp ~..ested by this subpoen.. tog.th<< with tho <!rtifint. of ,omplionc.. to Ihe pony making this ..qu.st .rlhe addr.u u.recl above. You h.av. tho right to s..k. in ad\' InC!. Ih. ,usonobl. cost of p..p.,;ng the copies or producing Ihe thinp _gilt. [{ you fail to ;!'aduc. the documents or thinS' ..quired by this subpoena. .ntr.in twenty (20) cays oftor its sor...iet, ,h. party s."'ing ,iUs .u.poeno may seek a COlUt order ,ompelling you to comply .nth it. THIS St"BPOENA WAS ISSUED AT THE REQUEST QFTIfE FOLLOWING PERSON: SAME: ,'OORESS: MICHAEL BADOWSKI. ESQ. 3510 TRINDLE RD. CAMP HILL, PA 17011 TELEPHOSE: 215-246-0900 Sl;PRE.'\fE COllllT 10 t: AITOR.~n' FOR: TY~"ll't;'l\rnAl\1rr DATE: ~(f2U'::J 0" ( J9 ,;tClo?-.... , " Seal of the Court (~:f i/9i) - ",' ,I' ~- I ~, " ,'I, : ..,_.~;:,,~ EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITT, PEASE & LIM ASSOC. 1000 N, FRONT STREET WORMLEYSBURG, PA 17043 RE: 85746 CYRUS GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. SU~Kt:CYRUSGREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SUlO-351936 85746 -L02 ,hkiiWiiol*~~;;'!j~'i.iiliii>'~"""~!"j:,)"",';A"''''''i,,:,,,~,<w,'>k,\\J''''?'''''H'7i'>~'\\-n...,.xv":.""""',,j,'I,,, ;';''-l-':,\~ ,.', _,"k";;"&:l,j'8,~".I-.W;1,j~~h~i;!;lW:'l'i;A.~~"",,~li:iIii;i;t'll!~~..:~~-..w"'~~~lIii:ut fi~M ~, " J r' ~" - --' " E'5 311 -f: . - );:~ -." .n -.,~ 'c,-t:--;' ) ) j ,(,-) " :__ :,:J .:~:~ ~~? ':':"~r '\,) (~ , f\j ,",,) ~ ""~ ~~,~,~~" "":j,LlJ),;oL,,,,~ ,"~,~ _@""'1'1'J5'; '.', ,F,,,'"=",F,'C"~~'-', "'~""o,""';__c"'J'o,O" ,_ ,J1l"" ~.r~,..""""=""__,,,~,,J,(,",>- -.,""'"~'"Y"'~" .,<,~, __ , ,', co," _'~--"<<~"~ . .,",",' "..~" .,",,,,~~, ., ,~"'_=,, _,<_, -, x" ,~ ,_ .. ,_._~ , __ ,.. ~,_~, ,_" _"~, ,,' , ~ ~ ~ , "L" ,", ..~ , ' L . ,[; C"'~"'--'''':-''''~-~'i 1045359,1 ,. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v, JEFFREY SEDLACK, M,D, and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants PRAECIPE TO THE PROTHONOTARY: Kindly enter the appearance of Barley, Snyder, Senft & Cohen, LLC, by Kendra D, McGuire, Esquire and David A. Warren, Esquire on behalf of Defendant Carlisle Hospital and Health Services. Please serve all papers at 126 East King Street, Lancaster, P A 17602, Date: //(~/6/ I ( COHEN, LLC BY: Kendra D, McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2832 (717) 299-5201 Court 1.D, No, 50919 Court 1.D, No, 84105 O'~' ~, - ,,-- "','",,u',< ,--',='1<d','C""".-<:"" ~'H " ~ Iw" A'"b'-",,' 1.0'0' ;"""',-L;,,':',~,,;,,,,,i .,~.;; '''''C_'i-J~,,; 1045359.1 ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe has been served this 1& I'-- day of January, 2002, by first class mail, postage prepaid, upon: Richard H, Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Jeffrey Sedlack, M,D, Suite 204 220 Wilson Street Carlisle, P A 17013 ~ENF~ & COHEN, LLC Kendra D, McGuire, Esquire David A. Warren, Esquire AttomeysfurDerendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2832 (717) 299-5201 Court LD, No, 50919 Court LD, No, 84105 ;,d>iiffi;"i~MRi\.V1;;1,~jA~l:~f;,W;;l'-~~'iI~~g~'f.~~t'Ji,ffil;,i;";g~,",,,,,,.~ili~1":i~~(.:;,",~~_'N'~""""'" ,""J"~:!,, ,S1!!, ~wm"""">''''~7.k"~', .". ,_".~l)~I!!t~~Q~][.L,_:,l""~,J)>~.,,lU.lJjlJlft~l-~~:],,:>;:~,t,>,_:W,~,.",JL~, "'<'''"_'' ~,JL,"!~~,,~~~, c"',' ',.,'__0',,-;: '> U._" ,"",,.,, -~lIlillf".T- " "*,~lIWI . ,-, ~~ -c./i~: !Tll'- --:7", ~~;;': s:: (:-~' ,- ~:~ :~ . ,,>, <',""" ...","", .".m?"",,>;c>: '"",\> '"" ,~._ c~ J".J ..-.,; "-0 r:;? ;.<e, _ L~ =-_;_~ ~~p 5:J -< E$ ~: CH' -~,"" , """""""":' .,. "-,,~,,';-', w'_ ko- - .'. ~1:id:::" CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs, :NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M,D" and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants, :JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this of , 2003, upon consideration of the Motion of Defendant, Jeffrey Sedlack, M.D" to preclude Expert testimony, and Plaintiffs' response thereto, if any, IT IS HEREBY ORDERED AND DECREED that Plaintiffs are precluded from introducing at trial any expert testimony in support of their claims against Dr. Sedlack, BY THE COURT: J, )5\ .~ ~ < ,,< ~~ '-'~ -., -, , ., "i; ,. '""fe' ""w" ~~,,:-. '-". ~ ,~ j:~""~,',.i;J, MICHAEL M, BADOWSKI, ESQUIRE Pa. Supreme Court I,D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail : [717] 975-8114 [717J 975-8124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M,D, CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs, :NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M,D" and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants, :JURY TRIAL DEMANDED MOTION OF DEFENDANT, JEFFREY SEDLACK. M.D.. TO PRECLUDE EXPERT TESTIMONY AND NOW, comes Defendant, Jeffrey Sedlack, M,D., ("Dr. Sedlack"), by and through his counsel, Margolis Edelstein, and moves to preclude the Plaintiffs, Cyrus Greenberg and Louise Greenberg ("Plaintiffs"), from presenting expert testimony in support of their claims against Dr, Sedlack averring the following in support thereof: 1, Plaintiffs filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27, 2001. 2. The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Dr, Sedlack ~ - ,~ """" ,1 _,:i "-;'-"' '--;";~,,;. and Co-Defendant, Carlisle Hospital and Health Services ("Carlisle Hospital") . 3, On or about January 14, 2002, Dr, Sedlack served Plaintiffs with Interrogatories and a Request for production of Documents which included requests for any and all expert reports in support of the medical malpractice claims brought by Plaintiffs against Dr, Sedlack. 4, Despite numerous follow-up requests for discovery responses, including expert reports, as evidenced by letters dated February 4, 2002, January 31, 2003, and March 14, 2003, Plaintiffs have failed to produce any expert reports in support of their claims against Dr. Sedlack. Copies of said letters are attached hereto, incorporated herein and marked Exhibit "A," 5. As a result of a Motion to Compel Discovery Responses and production of Expert Reports filed by Co-Defendant, Carlisle Hospital, this Honorable Court entered an Order dated March 20, 2003, compelling Plaintiffs to provide all outstanding discovery and any and all expert reports within ninety (90) days, See Order of Court dated March 20, 2003, a copy of which is attached hereto and incorporated herein as Exhibit "B." 6, Despite the passage of more than ninety (90) days since entry of the Court's March 20, 2003, Order, Plaintiffs have failed to produce any discovery responses or expert reports. -2- s , , '''' '" I ,"~' - j..., ,~"" ~ ."~ '.1" '",-: 7. Accordingly, Plaintiffs are in violation of this Court's Order of March 20, 2003. 8, Pursuant to Pa. R.C.P. No. 4019(a) (1) (viii), upon motion, this Honorable Court may enter an appropriate order where a party has failed to obey an order of court respecting discovery, 9, Pursuant to Pa, R,C,P, No. 4019(c) (2), based upon Plaintiffs' failure to comply with the Court's Order of March 20, 2003, this Honorable Court may enter an order precluding Plaintiffs from entering at trial any evidence requested in the discovery requests that they have failed to respond to, including precluding Plaintiffs from introducing any expert testimony in this matter. 10, Given the fact that no discovery answers, responses or expert reports have been provided by Plaintiffs, the sanction of preclusion is appropriate in this case. WHEREFORE, Defendant, Jeffrey Sedlack, M,D" respectfully requests that this Honorable Court enter an order sanctioning Plaintiffs for their failure to provide any answers to discovery requests and their failure to serve any expert reports in violation of this Court's Order of March 20, 2003. Dr. Sedlack requests that the sanction imposed be Plaintiffs' -3- d> ,~ ,. ;; ~ '0 -., preclusion from introducing any expert reports in support of their medical malpractice claims against Dr. Sedlack. MARGOLIS EDELSTEIN Dated: 0/;:rh, / I KI ,D. 0, 32646 MUMFORD J.D. NO. 84176 COUNSEL FOR DEFENDANT, JEFFREY SEDLACK, M.D. -4- ! ~ < -,;; ,-';,,-,,'" "' '_ ' u" 'I ~~ PHilADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SOUARE WEST PHILADEcPHIA, PA 19106-3304 215-922-1100 FAX 215-922-1772 MARGOLIS EDELSTEIN ATTORNEYS AT LAw POST OFFICE BOX 932 HARRI~BURG, PA 17108..0932 PITTSBURGH OFFICE 1500 GRANT BUlcDING PITTSBURGH, PA 15219,2203 412-281-4256 F AA 412-6;l,2~2'380 STREET ADDRESS, 3510 TRINDLE ROAO CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 WRITER: MICHAEC M. BADOWSKI' DIRECT E.MAIL: mbadowski@margolisedelstein.com March 14, 2003 Richard W. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 Re: Greenberg VB, Sedlack, et al_ Our File No_ 57300,4-00128 Dear Dick: L. , "..~, " ',~ '-:~"-'~lIiIiilij! DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610.565~8311 FAX 610-565-8318 NEW JERSEY OFFICE P,O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 Ff:.X 570-342-4841 Have you spoken with your clients yet? Please let me know as soon as possible whether they intend to pursue this case further, MMB/na bc: Jeffrey Sedlack, M,D, Mr, William Boltz (Priv, and Conf,) aim 337835-01) ~Certified as a Civil Trial Advocate by the Ncrtional Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency ~~ ",', ^'" ~,~ _ >'" - ;, r,)1", '",-\0. -.,_," MARGOLIS EDELSTEIN PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SOUARE WEST PHILADELPHIA, PA 19106~3304 215~922~1100 FAX 215-922-1772 ATTORNEYS AT LAw DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA , 9063 610-565-8311 FAX 610-565-8318 POST OFFICE BOX .32 HARRISBURG, PA 1710B..()932 PITISBURGH OFFICE '500 GRANT BUIl.DING PITTSBURGH, PA 15219-2203 412-281-1256 FAX 412-642-2380 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8114 FAX 717-975-8124 NEW JERSEY OFFICE P.O, BOX 2222 215 HADDON AVENUE WESTMONT, NJ 08108-2886 856-656-7200 FAX 856-856-' 0' 7 WRITER: MICHAEL M, BADOWSKI' DIRECT E~MAIL: mbadowski@margolisedelsteln.com SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE3C SCRANTON, PA 18503 570~342004231 FAX 570-342-4841 January 31, 2003 Richard W, Wix, Esquire WIX, WENGER & WEIQNER , 4705 Duke Street Harrisburg, PA 17109 Re: Greenberg VB, Sedlack, et al, Our File No. 57300.4-00128 Dear Dick: A review of our file indicates that we still have not received responses to the Interrogatories and Request for Production of Documents which were served upon you on or about January 14, 2002, Please provide responses to the same within thirty (30) days to avoid the necessity of a Motion to Compel, Should you have any comments or questions, please feel free to contact me. MMB/SJM/dlp .Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Penn.sylvania Supreme Court ACCt"edited Agency =~- ~~ " , -1 . - I, " <;_.j , ,~",',~ ' 'c. ,.,'" ',; ~"j MARGOLIS EDELSTEIN PHILADELPHIA OFFICE THE CURTIS CENTER fOURTH fLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 215-922-1100 fAX 215-922-1772 ATTORNEYS AT LAw DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-8311 FAX 610-565-8318 POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412.281-4256 FAX 412-642-2380 STREET ADDRESS: 3510 TRINDLE ROAD CAMP Hill, PA 17011 717.975-8114 FAX 717~975-8124 NEW JERSEY OFFICE P.O, BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 FAX 856-858.1017 WRITER: MICHAEL M BADOWSKI' DIRECT E-MAIL: mbadowski@ma~golisedelstein.com SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-3424841 February 4, 2002 Richard w, Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street , Ha-rrisburg, PA 17109 Re: Greenberg VB, Sedlack, et al. Our File No. 57300 .4-00128 Dear Dick: Before we both embark upon incurring further expenses with this case, would you kindly let me know if this is one that you seriously intend to pursue. If your clients' are not inclined to discontinue this matter, would you please provide me with your trial expert reports, I would also appreciate receiving your clients' answers to my previously submitted written discovery, It seems quite clear that Mr. Greenberg had significant pre-existing coronary artery disease and hyperparathyroidism and depression for which he elected not to treat, Notwithstanding what I perceive to be appropriate surgical management on the part of Dr. Sedlack, I remain bewildered as to Mr. Greenberg's damages.>" ------~:~/ t Badowski MMB/na bc: Jeffrey Sedlack, M.D, (Pri . and Conf,) Mr, William Boltz (PMSLIC' Claim 337835-01) .Certified as a Civil Tria! Advocate by the National Board of Tria! Advocacy A Pennsylvania Supreme Court Accredited Agency J _ , , -I,,~ ,l",."';' , "'. "--:- "-' -,.J,", '. ; k,'--'"''' ~, 'c~",. CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs v IN THE COURT OF COMMON ~LEAS OF CUMBERLAND ,COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY SEDLACK, M,D" and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants 01-7228 CIVIL TERM JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 20th day of March, 2003, following a telephone conference with counsel, it is ordered and directed that the plaintiffs comply with the following discovery deadline: 1, A response to expert interrogatories shall be forthcoming within ninety days. 2, All other currently outstanding discovery shall be responded to within ninety days hereof. By the Court, Richard H. Wix, Esquire For the Plaintiffs :-4(- K7A. /);[ Hess, 'J, Stephen L. Banko,Jr" Esquire For Defendant Dr, Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital :bg p'l>IJE CO"" . l."2V <r.:~71r'~,~ pr,::""''''O'. ~O lr'l!. ~: r ~ t-~ ~.",';"~....- ~ ,,('_~ n In T~lmony wllerool, i 11iJf8 unlo ~ my haoo and the sa.al of said Court at Ci!)'U$ie, PI. fftii -<( 7 ~ay 01 ~~ ~ '1 ,,(1 '}J J 3~ j,)rnftUt6#i..e.... . .' ",,:,"L,--";:-~,:'~(;;;,'~, "',,, c',,i'__ic'.' ",i'~". CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the c21ett:'day of ~ ' 2003, and addressed as follows: Richard H, Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Kendra D. McGuire, Esquire BARLEY, SNYDER, SENFT & COHEN 126 East King Street Lancaster, PA 17602-2893 (Attorney for Carlisle Hospital and Health Services) MARGOLIS EDELSTEIN By: tJ2/J/N'1f??!;i ~ Se tary ~IX :;-~i1i<l.~_II!!l;jlM8@!1oiItMcli1ii;dlo;i~*,iMMt~i;-,,~,,';*dm-J.i~~~i1ii'~l'i,(.,!.j1~Iii'~i'.......' j ,:J/!J<"J,~"IL,!!: . !:m Ul[,ll"~L"",~"w,,JI I,~ Lll.JL"",J JJlI,),~,{J"S M~)J!,L,., ,Ltk,,,,,, !"'h;'~iiM'MIil~' k """""'..~~~"';.~ 'iSi~__~~A:" , c> c_.' 0 c ~.' " <. .__T -D:~r, -- 'T 5rSU ;-"1 :IJ ~?[ ::.,) ~~.~ C2 ~~ i:J ...~'~ ' '1 ~,,,. ,'-'. " ~ -' (;) " r" ;>.:.:m '.J ;2': --I :.n )> --i ~ -< (..) -< t~t\ !.' O<"~""''i,""",)"""r''';'"''''''-''Fd'''__Jt"",. ',,,"'''', ,;-"""", .~];" ,,,,~,""Y"""~"'''' "".,~. .,-;' 'j- '^"',,', ",""'''' " ". "~ ~ ',Jo, '. +, __, , >',::,~_:Lr',::,: ,:,', ^".' , ~"_ -<,~,; , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No, 01-7228 v, JEFFREY SEDLACK, M,D, and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants ORDER AND NOW, this _ day of , 2003, after consideration of Defendant Carlisle Hospital's Motion to Compel Answers to Interrogatories and request for Production of Documents and any response thereto: IT IS HEREBY ORDERED that Plaintiffs' are compelled to respond to Defendants' interrogatories in production of documents including production of expert reports within sixty (60) days or risk sanctions which may include the preclusion of expert testimony at the time of trial. BY THE COURT: J, 1143026-1 [",t , "" ~ ,'- , .-' "~, --I ' , , ~ "I., ',"-",' .'~ ,'., ' .' '''"' ~i, L,.,;:"i ,'_'~ ',." ' "";,( ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No, 01-7228 v. JEFFREY SEDLACK, M,D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS L Plaintiffs, Cyrus Greenberg and Louise Greenberg, filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27,2001, 2, The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Carlisle Hospital and other health care professionals, 3, On or about February II, 2001, counsel for Carlisle Hospital served Plaintiffs with a set of Interrogatories and a Request for Production of Documents which included specific requests for expert information and reports pursuant to Pa, R.C,P, 4003.5. A copy of the Interrogatories and Request for Production of Documents are attached hereto as Exhibit A. 4, Plaintiffs have failed to respond to the aforementioned Request for Production of Documents and Interrogatories despite the fact that counsel for Carlisle Hospital, on several occasions, has inquired about the status of its discovery requests, See, a copy of a letter to Richard H, Wix, Esquire dated November 22, 2002 attached hereto as Exhibit B, 1141203,1 s~ ~'<'o'. "' ~ " ~ ,. I, ~ _ -i__ "',~,,w,,' ',C__ :"~--":';"aki"i.,p"~,-,,;:,, " ;,-~,/,,, ",;;:'0J~," ';:~, . 5. Defendant Carlisle Hospital clearly cannot prepare a defense or fully evaluate this case without Plaintiffs' answers to the aforementioned discovery requests. 6, This lawsuit is over one (1) year old and involves care and treatment provided over two (2) years ago. Notwithstanding, Plaintiffs have still not responded to Carlisle Hospital's discovery requests, identified expert witnesses or produced an expert report substantiating Plaintiff's claim against Carlisle Hospital. 7, Carlisle Hospital hereby moves this Honorable Court for an Order compelling Plaintiffs to respond to Defendant's Interrogatories and Request for Production of Documents including a production of an expert report within 60 days or suffer sanctions under Pa, R,C,P, 40 19( a)(l )(i) which may include preclusion of expert testimony at trial. WHEREFORE, Defendant Carlisle Hospital respectfully requests that this Honorable Court enter an Order compelling Plaintiffs to respond to Defendant's Interrogatories and produce an expert report within 60 days or risk sanctions which may include the preclusion of expert testimony at the time of trial. Date: / /?1!n BARLEY, SNYDER, SE~~"FT & COH. EN, LLC /It'-- BY: r Kendra D, McGuire, Esquire David A, Warren, Esquire AttomeysfurDefundant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602 (717) 399-1525 Court LD, No. 50919 Court LD, No, 84105 1141203,1 ",," ~' t d'-i~'"~",*"-'ii-.i~".",, ,~ BARLEY, SNYDER, SENFT & COHEN, UC Kendra D. McGuire, Esquire David A. Warren, Esquire Court I.D. Nos. 50919 and 84105 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Attorneys for Defendant Carlisle Hospital and Health Services v. } } } Plaintiffs } } } } } } } } COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CML ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, No. 01-7228 JEFfREY SEDlACK, M,D, and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED D~DANT CARUSLE HOSPITAL AND HEALTH SERVICES' INTERROGATORIES ADDRESSED TO PlAINTIFFS - SET NO. I Pursuant to Rule No, 4005 of the Pennsylvania Rules of Civil Procedure, Plaintiffs are hereby requested to answer each of the following interrogatories separately and fully, in writing and under oath, within thirty (30) days ,after service. A. INSTRUCTIONS 1. These interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you receive further or additional infonnation up to the time of trial of this case, 2, The answers to these interrogatories shall reflect the cumulative knowledge of all representatives, agents and employees of the party to whom they are addressed, LCHlI050353.\ " ~.' - I. "U ;,.j. _,. ,ck ,n::"" ~ , '''"'''Bj~.U' l 3. Where exact informati,on cannot be furnished, estimated information is to be supplied, Where an estimate is to be used, it should be identified as such and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact information cannot be furnished. 4, Where knowledge, information or documents in the possession of a party are requested, such request includes knowledge, information or documents in the possession of the party's agents, representatives or attorneys, 5, Where any document was, but no longer is in your possession or subject to your control, state what disposition has been made of it It is sufficient to attach a copy of the document for the purpose of answering these interrogatories, B. DEFINITIONS L As used herein, "document" or "documents" includes, without limitation, writings and printed matter of every kind and description, photographs and drawings, notes and records of oral communication and recordings (tapes, discs or other) of oral communication, In all cases where originals are not available, "documents" also means copies of original documents and copies of non-identical copies, 2, As used herein, "identify" or "identity" used in reference to any individual person means to state his name, title, present home address, present business address and person, if any, for whom the person identified was acting at the time to which the interrogatory relates, 3. As used herein, "identify" or "identity" used in reference to any writing means to state the following: (a) its date; (b) identity of its author(s); (c) identity of its sender(s); (d) identity ofperson(s) to whom it is addressed; (e) identity of recipient; CO format; (g) title; (h) 2.5.\l2/LCWI\l50353.1 2 >, ~ . I ~M"o':","",",",-- ","~l,,~,,:, '""""';"'"i!lii~fu'~" , number of pages; (i) complete summary of contents; and Q) identity of person(s) known or believed to have possession, custody or access to the writing, 4. "Identify" as applied to an oral statement, conversation or conference means to: (a) identify the person making each statement, the person to whom each statement was made, and all other persons present at the time of each statement; (b) state the date of such statement, conversation or conference; (c) state the place where such statement, conversation or conference was held; (d) if by telephone, identify the person receiving the telephone call, the person making the call, and the places where the persons participating in the call were located; and (e) state in detail the substance of each statement, conversation or conference, 5, "Person" means any individual, firm, association, partnership, corporation or trustee and also, where relevant, the person representing or acting for such "person." 6, "Explain" or "state" means to set forth every fact relevant to the answer to the interrogatory and to set forth each such fact fully and unambiguously, 7, "Incident" refers to the allegations contained in Plaintiffs' Complaint. C. INTERROGATORIES I. Please state each Plaintiffs place and date of birth, Social Security Number, and all members of immediate family. Please state Plaintiffs' current residence, 2.5,02ILCHIl 050353.1 3 - " , ~' ~ - " ',,,,," ~ I "'--~~~;i..",<.k""'_' 2. Please state Plaintiff Cyrus Greenberg's educational history, identifying institutions oflearning, dates of attendance and all degrees, honors and awards, 3, State in detail Plaintiff Cyrus Greenberg's employment history, including the identity of all employers for the last ten (10) years, duration of each employment, employment capacity and duties, monthly salary or wages earned, 2.5.02ILCIIII050353.1 4 ,.-- , .~ -. . ; J' "'1l.J' 'iI"'d~i~":I,~,"', 4. Please state with specificity the amount of any lost future wages claimed, and how this amount was calculated. 5. Please state whether Plaintiffs, or anyone acting on their behalf, have ever filed a lawsuit seeking recovery for any type of personal injury, and if so, state the court and term and number of the case, the underlying facts of the litigation and the outcome or present status of the litigation, 25,02!LCWI050353.1 5 ~ ~'.~,..,,~ " J , -"~"'''''''-'''~~('-' 6, Pursuant to Pa, R.C.P. 4003,5, please identify each witness Plaintiffs expectto call as an expert at trial, stating the qualifications of each such expert, the subject matter to which he/she is to testify, the substance of facts and opinions to which he/she is to testify, and the basis for each opinion. (In lieu of answering Interrogatory No, 6, Plaintiffs may file as their answer a signed report from each expert, or Plaintiffs may have the Interrogatory answered by the expert(s). If an expert's signed report is filed in lieu of answering Interrogatory No, 6, pursuant to Pa. R,C.P, 4003,5, please see that the expert's opinion. facts on which the expert is relying. and basis for each opinion are set forth clearly,) 2.5.02ILCWI050353.l 6 ~ - ". , ~" i 'oj -~"-' ~.itllli:i:'i~~', 7. Please identify all persons other (han (he parUes hereto, (heir aUorneys and (he health care providers idenUfied in (he medical records who have any knowledge of or information as to the facts pertaining to the subject mailer of this litigation. Please include in your answer the substance and scope of their knowledge, 8, Please identify all witnesses other than experts already identified that Plaintiffs intend to call at trial, and state the subject mailer of their testimony, 2.5.02lLCW1050353.1 7 ,~ = I ,d " ;1, "'.J~;-~-,,".<'bL" 9, If Plaintiffs, or anyone acting on their behalf, have obtained non-privileged, discoverable statements, reports, memoranda or testimony, in any form, from any persons regarding or in any way relating to the subject matter of this litigation, please state the identity of each person making each such statement or report, in whose presence it was made, the date and place, number of pages, whether it was signed, and who presently has custody of it. 10. Identify all health, worker's compensation and/or disability insurance policies or , coverage for Plaintiff Cyrus Greenberg, including, but not limited to, Medicare and Medicaid, which covered Mr, Greenberg for the damages alleged in the present action, 2.5.02lLCIIII050353.1 8 ._~~.~~ ~~"' "I" L w'" ,.;", ~~~ I"L;-"'~~:; II, Please provide the following information regarding all of Plaintiff Cyrus Greenberg's medical bills claimed to have been incurred as a result of the alleged negligence of the Defendants, Total Charges by Amount Paid by Amount "written Amount paid or Medical Care Provider off', "adjusted" owed by Plaintiff Provider Insurance or foO!iven oersonallv 12, State the circumstances which led Plaintiff Cyrus Greenberg to have his hernia repair at the Carlisle Hospital Surgical Center on November 20, 2000, 25.02/LCHlI050353J 9 , , " -'~ ~"jl<l!Ii'1:!1Hji::..,,;;,1t,i',h' 13, Please describe in detail any conversations relevant to this case which Plaintiffs, or anyone acting on their behalf, had, either in person or by telephone, with anyone believed to be an employee of Carlisle Hospital and Health Services, and your best estimate of when those conversations occurred, 14. Please describe in detail to the best of your recollection all conversations, either in person or by telephone, with any person regarding the procedure to be performed by Dr, Sedlack at the SurgeI)' Center on November 20, 2000, 2,5.02ILCWI050353.1 10 ,. a' ,,~~. ,~~ ,._u . ,. ~ " ,I. .~~'"''''' n"'"""""*-'-""'ll'-",y,,,i&,,;'; 15. Has any medical doctor, physician or other health care provider who has been involved in Plaintiff Cyrus Greenberg's care suggested to Plaintiffs that an employee of Carlisle Hospital and Health Services was negligent and/or that their actions or inactions caused Plaintiffs injuries? If so, identify the person who gave such an opinion, and a description of what he/she said, 16, Please identify all health care providers or facilities (including hospitals, surgery centers and rehab centers) of any kind with whom Plaintiff Cyrus Greenberg consulted and/or by whom Mr, Greenberg had been treated Drior to November 20,2000. For each health care provider, please provide the following infonnation, ' (a) Name of provider/facility; (b) Address; 2.5.02ILCWlO50353.1 11 '" ,"' -- , ~" 'i.. ~" ~iit;;,...lli-..!li"li\,,,,,,",,,,,",~,.O'~>,- (c) Type of health care provider (e,g, specialty); (d) Reason for treatment/consultation; and (e) Date(s) of treatment. 17, Please identify all health care providers or facilities (including hospitals, surgery centers and rehab centers) of any kind with whom Plaintiff Cyrus Greenberg has consulted and/or by whom Mr, Greenberg has been treated subseauent to November 20, 2000,. For each health care provider, please provide the following information: (a) Name of provider/facility; 2.5.02ILCHlI050353.l 12 \% - . (b) Address; (c) Type of health care provider (e,g, specialty); (d) Reason for treatmenVconsultation; (e) Date(s) of treatment; and co Next scheduled appointment 2.5.02ILCHIl050353.1 13 - I: '~'-'-' '"~~""",*".-.>-,M;J,~,,,,~,, " n~l - " ,- , ,_~J,~ I 1'-,,~ ~, "''''-';''~>'""",,"h,,'- 18, After Mr, Greenberg's hospitalization in November, 2000, did any health care provider advise that Mr, Greenberg would require further treatment as a result of the alleged incident, and if so, please identifY the health care provider and Plaintiffs' understanding of the recommended treatment. 19, If the answer to Interrogatory No, 18 is no, what is Plaintiffs' understanding as to why no further treatment is recommended, 2.5.02lLCHlI050353.l 14 ..l'P '~ ',," ; .J , ',.,', " '''"'''"'' ,'j " ~' ~' ......"""'-~~ ,""-'i!i>,-",-ll'",;l-w,,"-, 20. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services improperly discharged Mr. Greenberg on November 20, 2000 following his hernia repair. (a) If any part of your answer refers Defendant to the medical records, please specify what part, and page of what medical record, and/or attach a copy of the portion of the medical record which supports this contention, (b) Is this contention based on the opinion of a medical professional? If so, please identify this individual. 2.5.02lI..cWlO50353.\ 15 -"i'l , "~ ,I, L, ....~ ",,-'_;;~1''',~''-'I'':- 21. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services failed to call the surgeon and advise him of Mr, Greenberg's condition prior to discharge. (a) What was Mr, Greenberg's condition that Plaintiffs' felt warranted being brought to the surgeon's attention prior to being discharged? (b) If any part of your answer refers Defendant to the medical records, pleaSe specify what part, and page of what medical record, and/or attach a copy of the portion of the medical record which supports this contention. 25.02ILCHlI050353.1 16 --- L '" .......~ ' "'_""--',_.&<~k,~';'- (c) Is this contention based on the opinion of a medical professional? If so, please identify this individual, , 22, Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services failed to prevent Mr. Greenberg from faIling on November 27,2000. (a) What do Plaintiffs contend should have been done by Defendant Carlisle Hospital and Health Services which would have prevented Mr, Greenberg from faIling on November 27, 2000? 2.5,02lLCHl1050353.1 17 , ~ - " '" ,,,,.I "' ~ r~.l'li~",,;'.: 23. At any time prior to Mr, Greenberg's fall on November 27, 2000, had employees of Defendant Carlisle Hospital and Health Services cautioned Mr. Greenberg about ambulating unassisted, or instructed Mr, Greenberg to call for assistance prior to ambulating? (a) If so, was Mr, Greenberg at all times compliant with these instructions? If not, why not? (b) Who was present with Mr, Greenberg at the time of his fall on November 27,2000? 2.5.02ILCWI050353.1 18 - - I ~, ~J '~ ~...~- '~"~,,,,,j,'J.Jl_t@i~-'_'_ 24. State if Mr. Greenberg is presently under the care of a health care provider for the injuries which are the subject of this lawsuit, stating the dates and nature of the most current treatment as well as if treatment will be required in the future. 25, With regard to any non-economic detriment for which the Plaintiffs claim they are entitled to receive compensation, describe with particularity each separate and specific detriment for which compensation is sought. Respectfully submitted, Date:~ BARLEY, SNYDER, SENFT COHEN, LLC By: endra D, McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court 1.0, No, 50919 Court 1.0, No, 84105 25.G2ILCHlIOS035>.1 19 ~ ~... ~" I, I .:...............'.I.~ ' ~, ,~,,' , ~~.n,," VERIFICATION (Greenberg v, Carlisle Hospital and Health Services, el at I CYRUS GREENBERG, being duly affinned according to law, deposes and says that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge, infonnation and belief. This Verification is made subject to the penalties of 18 Pa, C,S, 4904, relating to unsworn falsification to authorities, Date: Cyrus Greenberg LCH/I050353.1 ~ ~ ~~ . i, , , -'~"'~bctf' VERIFICATION (Greenberg v, Carlisle Hospital and Health Services, et aI.1 LOUISE GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa, C,S, 4904, relating to unsworn falsification to authorities. Date: Louise Greenberg LCHlt050353.\ t~ "' ~" J ~' - '" ~ '"'"", ~" '~\li<,,"-.,w,~~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original and one copy of Defendant Carlisle Hospital and Health Services' Interrogatories Addressed to Plaintiffs - Set No, I, by first class mail, postage prepaid, upon: Richard H, Wix, Esquire WIX, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 And a true and correct copy to: Michael M, Badowski, Esquire Margolis Edelstein P,O, Box 932 Harrisburg, PA 17108-0932 Date:_~~.A~ I J[Xf}.. BARLEY, SNYDER, SENFT & COHEN, LLC BY:~~ ~ Kendra D. Mc uire, EsqUIre David A Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court LD, No, 50919 Court J.D, No, 84105 LCH/I050353.1 "......_""'.~'~" I "~__ ~ '~ .""0'-, '---ll'!:lil,hkl'<h.. ";.;",1 BARLEY, SNYDER, SENFf' & COHEN, UC Kendra D. McGuire, Esquire David A. Warren, Esquire Court 1.D. No. 5()919 and 84105 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Attorneys for Defendant Carlisle Hospital and Health Services v, } } } Plaintiffs } } } } } } } } COURT OF COMMON PLFAS OF CUMBERLAND COUNlY, PENNSYLVANIA CMLACTION -lAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, No, 01-7228 JEFFREY SEDlACK, M,D, and , CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED DEFENDANT CARliSLE HOSPITAL AND HEALTH S~VlCES' REQUEST FOR PRODUCTION AND COPYING OF DOCUMENTS ADDRESSED TO PlAINTIFFS Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant Carlisle Hospital and Health Services requests that Plaintiffs produce the documents hereinafter described and permit Defendant, through its attorneys, to inspect them and copy such of them as they may desire, Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 126 East King Street, Lancaster, Pennsylvania, within thirty (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents so long as they are in their possession, Copying will be done at Defendant's expense and the documents will be properly returned after copying has been completed, This request is intended to cover all documents in the possession, custody and control of Plaintiffs, their agents, employees, insurance carriers and attorneys, and is considered to be LCHl1050953.1 ."=-~- .~ " -"1_. ~~~ i_ , 11~d continuing, and therefore, should be modified or supplemented as you receive further or additional information up to the time of trial. The documents covered by this request are as follows: L All photographs, motion pictures, drawings or other descriptive documents concerning the incident in the above-referenced matter, 2. All investigations, reports, test results, drawings, summaries or records of the incident, not otherwise DrivileI!ed, involving the above-referenced case and the events surrounding it 3, All statements of witnesses or persons who will be called as witnesses at trial. 4. All statements of any party, their agent or employees concerning the incident and events surrounding it 5, All written or recorded evidence of the conduct and/or conversation between either Plaintiff and Defendants which is relevant to this lawsuit 6, A current curriculum vitae for each expert that you intend to call at the trial of this matter, 7, All documents prepared by each expert identified together with all correspondence between the expert and Plaintiffs or their agents, attorneys or anyone acting on Plaintiffs' behalf. 8, All documents or other demonstrative evidence which will be introduced or used at trial, 9, All of Plaintiff Cyrus Greenberg's medical records, hospital reports, physician's reports and biDs concerning the incident, except for those of Carlisle Hospital and Health Services, 2's,02/LCHlI050953.1 2 -~~_.~.. "'-~" ~- M_ , J ;Ji*~ ,,',. ,~ . "'" ~'~~~Jj;;"'f 1 O. All medical bills which are claimed to have been incurred as a result of the alleged negligence. 1 L All documents recording amounts reimbursed by insurance (including worker's compensation) due to the incident in the above-referenced maller, 12. All documents alleging and verifying lost wages in the possession of Plaintiffs, their agents, employees, attorneys and insurance carriers due to the incident in the above- , referenced matter, including Federal and State income tax returns for the past five (5) years and W-2 forms, 13, A copy of any journal, diary and/or calendar authored by either Plaintiff within the last five (5) years. 14, Copies of any prescriptions, instructions, informational pamphlets, articles or other written material of any kind provided to Plaintiff Cyrus Greenberg by any health care provider relative to the risks and potential complications of laparoscopic bilateral inguinal hernia repair, Respectfully submitted, Date:~ BARLEY, SNYDER, SENFT & COHEN, LLC BY:~~ endta D. McGuire, Esquire DavidA Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court W. No, 50919 Court W, No, 84105 2.5.02/LCWI050953.1 3 _0< " , ,I, L...", "', '''''"''ffi""",'<<llii~,i:iA, VERIFICATION [Greenberg v, Carlisle Hospital and Health Services, el 31,) CYRUS GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Responses to Request for Production and Copying of Documents are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa, C,S, 4904, relating to unsworn falsification to authorities, Date: Cyrus Greenberg LCWI050953.! ~~'~ ..~ ,"' ,,' L , "--'. ~. ~ "~'~;iL<;; VERIFICATION [Greenberg v. Carlisle Hospital and Health Services, el a1,) LOUISE GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Responses to Request for Production and Copying of Documents are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C,S, 4904, relating to unswom falsification to authorities, Date: Louise Greenberg LCHlI050953.\ "". ~"~~~ I, ....." I -'--.<n<,,~J'.' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served Defendant Carlisle Hospital and Health Services' Request for Production and Copying of Documents by first class mail, postage prepaid, upon: Richard H, Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 And a true and correct copy to: Michael M, Badowski, Esquire Margolis Edelstein P,O. Box 932 Harrisburg, PA 17108-0932 Date:~~ BARLEY, SNYDER, SENFT & COHEN, LLC BY:~ Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-520 I Court J.D. No, 50919 Court J.D, No, 84 105 LCWl050953.1 <I.ii ,~~"~"' ~ _ L_ . " "~~ -"'" J - "-' "'..-- ~"O"-""i'llJi~!{~" . 126 East King Street Lancaster, PA 17602-2893 Tel717.299.5201 Fax717.291.4660 www.barley.com Michelle R. Reiley, Paralegal Direct Dial Number: 717.399.2167, exl. 3167 E-mail: mreiley@barley.com November 22, 2002 Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, P A 17109-3099 Re: Greenberg v. Carlisle Hospital Dear Mr. Wix: By way of introduction, I am the paralegal assisting Attorneys Kendra McGuire and David Warren with the above referenced case. As I indicated to your secretary on the telephone, we would like a copy of the following records: . Harrisburg Hospital records . Moffitt, Pease & Lim Assoc. records . Hershey Medical Center records (including, but not limited to Drs. Horwath, Barber and Stack) . . Dr. Rau's records . Masland Assoc. records . CT scan(s) from Carlisle Hospital We realize that you are very busy, but would greatly appreciate it if you would send us copies of the above listed medical records. Wewil!, of course, be happy to reimburse you for any reasonable photocopy expenses. Additionally, upon review ofthe file, it has come to our attention that we served you with Interrogatories and Request for Production of Documents on February 11, 2002. Please respond to same as soon as possible. Barley; Snyder, Senft &Cohen, LLC Lancaster . York. Harrisburg' Reading' Berwyn . Hanover' Chambersburg Y",< - ~.-..;.-. r". ... November 22, 2002 Page 2 Thank you for your professional courtesies. Very truly yours, ~. Michel!e R. R~ Paralegal MRRImrr: 1127979.1 - iiW<l#lkCljjM",,~~.~,:k': ~~ "~ ~ - ~ -" '< '.-, I. {_ -j",_".""",c,,_':;'.". ;_ <~-':!;-" . \ j,. ... -~ . CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing Motion to Compel has b= -oj, ,h;, d'L1;'y of :;sa~ v" f ~~ 2003, by fum"~ """' ,,""', preprod, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, P A 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road CampHill,PA 17011 BARLEY, SNYDER, SENFT & COHEN, LLC ~ Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2832 (717) 299-5201 Court LD. No. 50919 Court LD. No. 84105 1141203.1 "r i~;j.~~:r~iiM;;i~""'*.L~']::"J!fu'IJ~kl~_~,Wl",,,,,,;.~'lW~'~,;;";;"'~~ll:'~~I~"~""-'. . ,. ",.,m~, IU .l.! I,~I~".~... ....... ....., . c.. ,.........._.,,=...'w.'W"~>,='.,~w'~, '~"'" '" ., ," 6f tit ,'" ,,~",',"-,~ ,,,"~,,-,,,<"-~. ,. '~li~' . ."'"!.~liiiIi">m-I.. ,-' :""~,,2~,, ,,~- ,;,.,,,,,-,,-', -.,\" i n 0 0 c: w ~n '< '- -0('.6 .-., :;.. !;2!ii Z -1,'; Zt;:- I" . . en.", (-, C:J -<2:: ~, ~CI ::2 ~~ >e, z.. __'Ie,. ,~~~ "",0 ~(= :::=.; ~7 ~ :=1 f:'" -< (]"\ h .-< ,-,"""',,,,,",,"- ,- = "J . _ ~_ _ o~,~-~,. .' -,-,',_ "'., '. ";'" ~,,;,," '"-." -"7!'-'-"-";'~Jt~~' CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-7228 CIVIL CIVIL ACTION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER AND NOW, this :1 J .. day of January, 2003, a brief argument on the within motion to compel answers is set for Thursday, March 20, 2003, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Richard H. Wix, Esquire For the Plaintiff / ..A4- Michael M. Badowski, Esquire For Defendant Dr. Sedlack I~ ~ 1_.3/-6.3 ~" _ Kendra D. McGuire, Esquire For Defendant Carlisle Hospital :rlm r l~W.ili",:y,':t'iI~Ii<ii'J;".~~~r."""_-.t1d'bilii;,ti!i'irl:;;;':'~;'X'D'l~c,.PJ..(A~-,'~;' ",,,,,,;:,';4.;'.;k:.., '''''''~",-'0:.t;'iKilli~~liIIfln'~!iil~'t_~~..,.. ~ .~,' ~.=~ r ~'.~ '~""'"'~~mlli!_~1!Il1Ifi "'r- ()t J7j;'iQ"i ,,j 113' 1"1 v d'H '<I "u v 1".1 :r1 iJ: n K .,j GUA.IBJ::r./ ........ " Pi'1v;V.Q;J,~~",~',(,)Ui\JTY J1 L1i'-,I\iIY\ ~7l'l;/ >,.7 ~j.';1'!t~,;!,3;'H;",:,~:.Jl!kK,~J,~J~,J~-C1";~U-l,.J:r~t,",,,~.~jJ,~,'m~Ir"(~';~,,~f:r~A4:lftl~,~1I1U ~,~_, .,:n~.~~_,",iJill,,,,,__~-~. ~. hL,_,~;~I~,:,~,. ;.:W".k~;~';:~)f"J;,;,,l;,_..,i,_.,~M I,?,,:;..JJ)JJ), ;"L,,^, " ,_~,.;,tJ~JJ4,M,J.,,,IJ__.., ~ "I. . '''""-'''' "'e~ &' """"_'~" , "..;i-"f"', ," ,o~' ~ . ~-"~ " i" J__ " , -.', -, ".~ '"~ "~~ci'~",&.- , , clAN 2 9 2003) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants ORDER AND NOW, this _ day of , 2003, after cousidlolration of Defendant Carlisle Hospital's Motion to Compel Answers to Interrogatories and request for Production ofDocUJIlents and any response thereto: IT IS HEREBY ORDERED that Plaintiffs' are compelled to respond to Defendants' interrogatories in production of docUJIlents including production of expert reports within sixty (60) days or risk sanctions which may include the preclusion of expert testimony at the time of trial. BY THE COURT: J. 1143026-1 ~~ "''''''''' ~. . -, < 0', ,,~ " 1", , ~ _ -, ,<..~ ,_ _ .c - ^,~ _0 "j_~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. Defendants o JURY TRIAL DEMANDIID "OCIJ m(TI Z::C- Zr-~ ~~~ ~:Cr :>r") z(-, pe: z :2 C> 0 W !1 '- ~-:-j "'" , ~""... n - N ,- \1"0 co c;- C) -0 --'", + -,', ~. ~:'-~ ("':; - ;~j rn .. ,,~... "'"' ~' :D .-J -< JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND . HEALTH SERVICES, MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Plaintiffs, Cyrus Greenberg and Louise Greenberg, filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27, 2001. 2. The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Carlisle Hospital and other health care professionals. 3. On or about February 11,2001, couusel for Carlisle Hospital served Plaintiffs with a set of Interrogatories and a Request for Production of Documents which included specific requests for expert information and reports pursuant to Pa R.C.P. 4003.5. A copy of the Interrogatories and Request for Production of Documents are attached hereto as Exhibit A. 4. Plaintiffs have failed to respond to the aforementioned Request for Production of Documents and Interrogatories despite the fact that couusel for Carlisle Hospital, on several occasions, has inquired about the status of its discovery requests. See, a copy of a letter to Richard H. Wix, Esquire dated November 22, 2002 attached hereto as Exhibit B. 1141203.1 R ';" ~~ 1 ~-~ ~.~~ '.-!-' " ~ ,', --I "" .. - ,- -~ ,-... -,. '.........~"~kQ.,-' 5. Defendant Carlisle Hospital clearly cannot prepare a defeuse or fully evaluate this case without Plaintiffs' answers to the aforementioned discovery requests. 6. This lawsuit is over one (1) year old and involves care and treatment provided over two (2) years ago. Notwithstanding, Plaintiffs have still not responded to Carlisle Hospital's discovery requests, identified expert witnesses or produced an expert report substantiating Plaintiffs claim agaiust Carlisle Hospital. 7. Carlisle Hospital hereby moves this Honorable Court for an Order compelling Plaintiffs to respond to Defendant's Interrogatories and Request for Production of Documents including a production of an expert report within 60 days or suffer sanctions under Pa. RC.P. 4019(a)(1 )(i) which may include preclusion of expert testimony at trial. WHEREFORE, Defendant Carlisle Hospital respectfully requests that this Honorable Court enter an Order compelling Plaintiffs to respond to Defendant's Interrogatories and produce an expert report within 60 days or risk sanctions which may include the preclusion of expert testimony at the time of trial. Date: /I'IcrIH BARLEY, SNYD~R, :E;WT & COHEN, LLC ( 1-/'--. BY: Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602 (717) 399-1525 Court LD. No. 50919 Court LD. No. 84105 1141203.1 'ili .,~~,- < ,-I. ',-,,",IJ' >_,,, , ~-, __ o. ", - " ~~~iiC'1'" BARLEY, SNYDER, SENFT & COHEN, UC Kendra D. McGuire, Esquire Ihwid A. Warren, Esquire Court 1.D. Nos. 50919 and 84105 126 East King Street Lancaster, PA 17602-2893 (717)299-5201 Attorneys for Defendant Carlisle Hospital and Health Services v. } } } Plaintiffs } } } } } } } } COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CMLACTION -lAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, No. 01-7228 JEFFREY SEDlACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL D~NDED DEFENDANT CARUSLE HOSPITAL AND HEALTH SERVICES' INTERROGATORIES ADDRESSED TO PlAINTIFFS - SET NO.1 Pursuant to Rule No. 4005 of the Pennsylvania Rules of Civil Procedure, Plaintiffs are hereby requested to answer each of the following interrogatories separately and fully, in writing and under oath, within thirty (30) days af1er service. A. INSTRUcnONS 1. These interroga10ries are considered to be continuing and, therefore, should be , rnodified or supplemented as you receive further or additional information up 10 the time of trial of this case. 2. The answers to these interrogatories shall reflect the cumulative knowledge of all representatives, agenls and employees of the party 10 whom they are addressed. LCWI050353.1 - - ~ .-., "I." . ,,- '-',~',' '-'"'~~:d 3. Where exact information cannot be furnished, estima1ed information is 10 be supplied. Where an estimate is to be used, it should be identified as such and accompanied by an explanation as 10 the basis on which the estimate is made and the reason the exacl infonnation canno1 be furnished. 4. Where knowledge, information or documents in the possession of a party are requested, such request includes knowledge, information or documents in the possession of the party's agents, representatives or allomeys. 5. Where any document was, but no longer is in your possession or subject 10 your control, state what disposition has been made of it. It is sufficient to attach a copy of the docwnent for the purpose of answering these interrogatories. B. DEFlNmONS 1. As used herein, "documen1" or "documents" includes, without limitation, writings and printed mailer of every kind and description, photographs and drawings, notes and records of oral communication and recordings (tapes, discs or other) of oral communication. In all cases where originals are not available, "documents" also rneans copies of original docwnents and copies of non-identical copies. 2. As used herein" "identify" or "identi1y" used in reference to any individual person rneans to state his name, title, present horne address, presenl business address and person, if any, for whom the person identified was acting a1 the time to which the in1errogatory relates. 3. As used herein, "identify" or "identi1y" used in reference to any writing means to state the following: (a) its date; (b) identity of its author(s); (c) identity of its sender(s); (d) identity of person(s) to whom it is addressed; (e) identity of recipient; (0 format; (g) title; (h) 25.02llCHftOSOlSl.\ 2 l>~ - ," ~ '. .-,.1. --' ~. -...;.. 1 ~: ----;.,....~!l,fu'_",;j number of pages; (i) complete summary of contents; and (j) identity of person(s) known or believed to have possession, custody or access to the writing. 4. "Identify" as applied 10 an oral sta1ement, conversation or conference means to: (a) identify the person rnaking each staternent, lhe person to whom each statement was made, and all olher persons present at lhe time of each statement; (b) stale lhe date of such statement, conversation or conference; (c) state lhe place where such statement, conversation or conference was held; (d) if by telephone, identify the person receiving lhe telephone call, lhe person making lhe call, aM lhe places where lhe persons participating in ' the call were located; and (e) state indetail the substance of each statemen1, conversation or conference. 5. "Person" rneans any individuql, firm, association, partnership, corporation or trustee and also, where relevant, lhe person representing or acting for such "person." 6. "Explain" or "state" means 10 set forth every fact relevant to lhe answer 10 !he inten-ogatory and to se1 forth each such fad fuUy and unambiguously. 7. "Inciden1" refers to lhe allegations contained in Plaintiffs' Complaint C. INTERROGATORIES 1. ' Please state each Plaintiffs place and date of birth, Social Security Number, and all rnernbers of immediate family. Please state Plaintiffs' current residence. 25.02/LCWlO50353.1 3 ~~~~ ~~~- .~"" ~ > -~ . J I.",L- ";-c ,,--,; -; '" '......;~'~;tJiililk"_: 2. Please state Plaintiff Cyrus Greenberg's educational history, identifying institutions of learning, dales of attendance and all degrees, honors and awards. 3. State in detail Plaintiff Cyrus Greenberg's employmen1 history, including !he identity of all ernployers for !he last ten (10) years, duration of each employment, employment capacity and duties, mon!hly salary or wages earned. " 2.5.02/LCWI050353.1 4 ,', "'~ ,---~~"- ~l ~ - - -~ - < ", L;.' 'j; ,~ " ,",. ""'iIM'~~.&",,,~,"- 4. Please state wi!h specificity !he amount of any lost fulure wages claimed, and how this amount was calculated. 5. Please state whe!her Plaintiffs, or anyone acting on their behalf, have ever filed a lawsuit seeking recovery for any type of personal injury, and if so, state the court and term and number of !he case, !he underlying facls of the litigation and !he outcome or present status of !he litigation. 2.5.02/I..CHlI050353.1 5 ~,- . ~"- ~ . ^, ~ . " - - - ,- < -~".L. ,: i. ' 'J '^ ';'llr~""",,"_#+,, 6. Pursuant to Pa. R.C.P. 4003.5, please identify each witness Plaintiffs expect 10 call as an expert at trial, stating Ole qualifications of each such expert, Ole subjec1 maller to which he/she is to testify, Ole substance of facts and opinions to which he/she is 10 testify, and the basis for each opinion. (In lieu of answering Interrogatory No.6, Plaintiffs may file as Oleir answer a signed report frorn each expert, or Plaintiffs rnay have Ole In1erroga10ry answered by Ole expert(s). If an expert's signed report is filed in lieu of answering Interrogatory No.6, pursuant to Pa. R.C.P. 4003.5, please see Ola1 Ole expert's opinion, facts on which Ole expert is relying, and basis for each opinion are set forth clearly.) 2.5.02ILCWI050353.1 6 ~. . , '....", I",' , c ,~ '~'''';"~''i;I:~~htiR': 7. Please identify all persons other than the parties hereto, their attorneys and the health care providers identified in the medical records who have any knowledge of or information as to !he facts pertaining to !he subject matter of !his litigation. Please include in your answer !he substance and scope of their knowledge. 8. Please identify all witnesses other than experts already identified that Plaintiffs in1end to call at trial, and state !he subjecl matter of their testimony. 2.5.02/LCH/I050353.1 7 - -' -.'," ,~-... "'--.I "~'". "".~""_"o';i""-"&,",.,-' 9. If Plaintiffs, or anyone acting on their behalf, have obtained non-privileged, discoverable statemenls, reporls, memoranda or 1estimony, in any fonn, from any persons regarding or in any way relating to the subjec1 matler of this litigation, please state the idenlity of each person making each such sta1emen1 or report, in whose presence it was made, 1he date and place, number of pages, whether it was signed, and who presently has custody of it. 10. Identify all health, worker's compensation and/or disability insurance policies or . coverage for Plaintiff Cyrus Greenberg, including, but not limited 10, Medicare and Medicaid, which covered Mr. Greenberg for the damages alleged in the present action. 2.5.02lLCWI050353.t 8 - 1~.""--<',,",-~,~jj.._I- '-"-.Iliff' ~- ~~-, 11. Please provide !he following information regarding all of Plaintiff Cyrus Greenberg's rnedical bills claimed to have been incurred as a result of !he alleged negligence of !he Defendants. Total Charges by Amount Paid by Amount "wriUen Amount paid or Medical Care Provider Provider Insuran!:e off', "adjusted" owed by Plaintiff , or fomiven ,Detsonallv , 12. State the circumstances which led Plaintiff Cyrus Greenberg 10 have his hernia repair at the Carlisle Hospital Surgical Center on November 20, 2000. 2.5.02ILCWI050353.1 9 r '....:..&:I!;,j_~'''r":w'-'''-~ - 'i. 0' " ~- 'li..'_"",,,,",,,;;,,-:;;"'~' 13. Please describe in detail any conversations relevant to this case which Plaintiffs, or anyone acting on their behalf, had, either in person or by telephone, with anyone believed to be an ernployee of Carlisle Hospital and Health Services, and your bes1 estima1e of when those conversations occurred. 14. Please describe in detail to the best of your recollection all conversations, either in person or by telephone, with any person regarding the procedure 10 be performed by Dr. Sedlack a1the Surgery Cen1er on Novernber 20, 2000. 25.02/LCWI050353.1 10 ~.- "~-~ . , . ,.,' ~ - ,- ~,I. '"' ',. . i ~ ~ . '"",,",~<hO,;,,",'>-~_,+i"- 15. Has any medical doctor, physician or other health care provider who has been involved in Plaintiff Cyrus Greenberg's care suggested to Plaintiffs that an employee of Carlisle Hospital and Health Services was negligent and/or that their actions or inactions caused Plaintiff's injuries? If so, identify the person who gave such an opinion, and a description of what he/she said. . 16. Please identify all health care providers or facilities (including hospi1als, surgery centers and rehab centers) of any kind with whom Plaintiff Cyrus Greenberg consulted and/or by whorn Mr. Greenberg had been trea1ed Drior 10 November 20, 2000. For each health care provider, please provide the following infonnation. , (a) Name of provider/facility; (b) Address; 2.5.02ILCWI050353.1 11 ~j. -~ ~"'~~ I ",I , .~" , I .'~=~i;"",-..."""",~~ (c) Type of heal!h care provider (e.g. specially); (d) Reason for treatment/consultation; and (e) Date(s) oftreatmenl. ',i 17. Please identify all heal!h care providers or facilities (including hospi1als; surgery centers and rehab centers) of any kind wi!h whom Plaintiff Cyrus Greenberg has consulled and/or by whom Mr. Greenberg has been treated subseauent to November 20, 2000.' For each health care provider, please provide !he following information: (a) Name of provider/facility; 2.5.02/LCWlO50353.1 12 , ,1-" <, r- ~. .::.V"~ _rd~,,~', (b) Address; (c) Type of health care provider (e.g. specially); (d) Reason for treatment/consultation; (e) Date(s) oftreatmen1; and (0 . Next scheduled appointment 25.02ILCWI050353.1 13 ~'* f" ._~"Ilj .,1 ~ "'- <' , I ~ '1-_"'~';"'i2h9"":,,,,,,,,~-! 18. After Mr. Greenberg's hospitalization in November, 2000, did any health care provider advise that Mr. Greenberg would require further treatmenl as a result of the alleged incident, and if so, please identify the health care provider and Plaintiffs' understanding of the recommended treatment 19. If the answerto Interrogatory No. 18 is no, wha1 is Plaintiffs' understanding as 10 why no further treatment is recommended. 25.02ILCHlI050353.1 14 ~~ "-..-_-~. "-' I-~~~ w_. ~~ -l .L~-_';"i!o-'-"'i"'",,"';~"-"'",.'''!'__, 20. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services improperly discharged Mr. Greenberg on November 20,2000 following his hernia repair. (a) If any part of your answer refers Defendant to the rnedical records, please specifywha1 part, and page of what medical record, and/or a1tach a copy of the portion of the rnedical record which supports this contention. (b) Is this contention based on the opinion of a medical professional? If so, please identify this individual. 2.5.02ILCW1050353.1 15 ~, , 1-' ,,_<c.' ,I~"~..; ,-,: "~,.,_,..;,, - " "Iii " " '~ -'lf~1lW 21.' Please state the basis for Plaintiffs' contention that Defendan1Carlisle Hospital and Health Services failed to call the surgeon and advise him of Mr. Greenberg's condition prior to discharge. (a) Whatwas Mr. Greenberg's condition thai Plaintiffs' felt warran1ed being brought to the surgeon's attention prior to being discharged? (b) If any part of your answer refers Defendant to the rnedical records, pleaSe specify what part, and page of wha1 medical record, and/or attach a copy of the portion of the medical record which supports this contention. 25.02ILCWIOS0353.1 16 lJ -", "__+,,""""'-'0'-'*" (c) Is this contention based on the opinion of a medical professional? If so, please identify this individual. 22. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospila! and Health Services failed to prevent Mr. Greenberg from falling on November 27, 2000. (a) What do Plaintiffs contend should have been done by Defendant Carlisle Hospilal and Health Services which would have prevented Mr. Greenberg from falling on November 27, 2oo0? 2.5.02ILCW1050353.1 17 :17; . '. -" ~ ,I". ,", ">__ == i~-i",1;-;"~~ 23. At any time, prior to Mr. Greenberg's fall on November 27, 2000, had employees of Defendant Carlisle Hospital and Health Services cautioned Mr. Greenberg about ambulating unassisted, or instructed Mr. Greenberg to call for assistance prior to ambulating? (a) If so, was Mr. Greenberg a1 all times complian1 with these instructions? If not, why not? (b) Who was present with Mr. Greenberg at the time of his fall on November 27,20oo? 2.5.02ILCWI050353.\ 18 , . , I...~-~,-- ~ - :" "~i,'.b-M<' 24. State if Mr. Greenberg is presently under the care of a health care provider for the injuries which are the subject of this lawsuit, staling the dates and nature of the rnost current treatment as well as if ireatmen1 will be required in the fu1ure. 25. With regard to any non-economic detriment for which the Plaintiffs claim they are entitled to receive cornpensation, describe with particularily each separate and speci6c detriment for which compensation is sought Respectfully submit1ed. Date:~ BARLEY,SNYD~ C~:EN, LLC By: ~I endla D. McGuire, Esquire David A. Warren, Esquire Attomeys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court !.D. No. 50919 Court !.D. No. 84105 25.02ILClUt050353,\ 19 ~~ - "".I.~'~- , -, I. , _ ~,' '0', ' "-I __>w",_,..jw,1,~"i",,~ VERIFICATION [Greenberg v. Carlisle Hospilal and Health Services, el all CYRUS GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the bes1 of his knbwledge, information and belief. , This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating 10 unsworn falsification to authorities. Date: Cyrus Greenberg LCWI050353.1 ~~ , ' I ,I _ ~ ,,~~ ~>,';""'",w,>4~\~ VERIFICATION [Greenberg v. Carlisle Hospitai and Health Services, et aI.1 LOUISE GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Answers 10 In1errogatories are true and correct to the bes1 of her knowledge, information and belief. This Verification is rnade subject to the penalties of 18 Pa C.S. 4904, relating to unsworn falsification to authorities. Date: Louise Greenberg LCWI050353.\ .~ " .".~ ".- ~""'~ .' "-,I:,,,;~_, . ~-- ;;,,[ l!<ill"'~--i'~"",!iC\~_'-'""o CERTIFICATE OF SERVICE I HEREBY CERTIFY !hat I have !his day served an original and one copy of Defendant Carlisle Hospital and Heal!h Services' Interrogatories Addressed to Plaintiffs - Set No. I, byfirs1 class rnail, pOstage prepaid, upon: Richard H. WIX, Esquire WIX, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 And a true and correct copy to: Michael M. Badowski, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Date:Jit>'UHA~ I Jf.Yi).. BARLEY, SNYDER, SENFT & COHEN, LLC Br-~~'Ii - Kendra D. Mc uire, Esquire David A. Warren, Esquire Allomeys for Defendant Carlisle Hospital and Heal!h Services 126 East King Slreet Lancaster, PA 17602-2893 (717) 299-520 I Court !.D. No. 50919 Court !.D. No. 84105 LCWI050353.l ~~ ,~.. .; I~ ",,'_l;;~J.i$'~ BARLEY, SNYDER, SENFT & COHEN, UC Kendra D.McGuire, Esquire David A. WalTen, Esquire Court I.D. No. 50919 and 84105 126 East King Street Lancaster, PA 17~02-2893 (717) 299-5201 Attorneys for Defendant Carlisle Hospital and Health Services v. } } } Plaintiffs } } } } } } } } COURT OF COMMON PLEAS OF CUMBIDUANDCOUNTY,PENNSYLVAN~ CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, No. 01-7228 JEFFREY SEDLACK, M.D. and . CARUSLE HOSPITAL AND HFALTH SERVICES, Defendants JURYTRIAL DEMANDED DEFENDANT CARliSLE HOSPITAL AND HFALTH SERVICES' REQUEST FOR PRODUCfION AND COPYING OF DOCUMENTS ADDRESSED TO PlAINTIFFS Pursuant 10 Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant Carlisle Hospital and Health Services reques1s that Plaintiffs produce the docurnents hereinafter described andperrnit Defendant, through its attorneys, to inspect them and copy such of them as they rnay desire. Defendant requests thai the documents be made available for this inSpection at the offices of Defendan1's attorneys located at 126 East King Street, Lancaster, Pennsylvania, within thirty (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents so long as they are in their possession. Copying will be done at Defendan1's expense and the documents will be properly returned after copying has been completed. This request is intended to cover all documents in the possession, custody and control of Plaintiffs, their agents, employees, insurance carriers and attorneys, and is considered to be LCWI050953.1 . '"~ '~, - '- '--'^", "~.'_b3w,,\Wc>>"-^, . continuing, and therefore, should be modified or supplemen1ed as you receive further or additional information up 10 the time of trial. The docurnenls covered by this request are as follows: 1. All photographs, motion pictures, drawings or other descriptive documents concerning the incident in the above-referenced rnatter. 2. All investigations, reports, tesl results, drawings, summaries or records of the incident, not otherwise orivilel!ed, involving the above-referenced case and the events surrounding it. 3. All statements of witnesses or persons who win be called as wilnesses a11rial. 4. All statements of any party, their agent or employees concerning the incident and evenls surrounding it. 5. All written or recorded evidence of the condu<;t and/or conversation between either Plaintiff and Defendants which is relevan1to this lawsuit. 6. A current curriculum vilae for each expert that you in1end to call a1lhe !rial of this rnatter. 7. All documenls prepared byeach expert identified 10gether with all correspondence between the expert and Plaintiffs or their agenls, attorneys or anyone acting on Plaintiffs' behalf. 8. All documents or other dernonstrative evidence which will be introduced or used at trial. 9. All of Plaintiff Cyrus Greenberg's medical records, hospital reports, physician's reports and biDs concerning the incident, except for those of Carlisle Hospital and Health Services. 2.5.02/LCIYI050953.1 2 ~ -~~ ~ .~ C_.-, "".;:.1 -, " .~~."",,, ;"'"k",;iH~'..~,~",~",~"'_' 10. All rnedical bills which are claimed to have been incurred as a result of 1he alleged negligence. 11. All documents recording amounts reimbursed by insurance (including worker's compensation) due to lhe incident in lhe above-referenced matter. 12. All documents alleging and verifying lost wages in lhe possession of Plaintiffs, lheir agents, employees, attorneys and insurance carriers due 10 lhe inciden1 in lhe above- , referenced rnatter, including Federal and State income tax relUms for lhe pas1 five (5) years and W-2 forms. 13. A copy of any journal, diary and/or calendar aulhored by eilher Plaintiffwilhin the last five (5) years. 14. Copies of any prescriptions, instructions, informational pamphlets, articles or olher written material of any kind provided to Plaintiff Cyrus Greenberg by any heallh care provider relative to lhe risks and potential cornplications of laparoscopic bilateral inguinal hemia repair. Respeclfully submitted. Date:~ BARLEY, SNYDER, SENFT & COHEN, LLC By:~~d endra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court LD. No. 50919 CourtLD. No. 84105 25.02ILCIIII050953.1 3 ~-- '-1l4iJ.r' ~ '" J ~ ~ ,,- , ,.,...; - ~~'-"=";;.,~]_i"",J"i- :i, VERIf1CATION (Greenberg v. Carlisle Hospital and Heallh Services, et aI.1 CYRUS GREENBERG, being duly affinned according to law, deposes and says lhat lhe facls set forth in lhe foregoing Responses to Request for Production and Copying of DocumenlS are true and correct to lhe best of his knowledge, information and belief. This Verification is rnade subject to lhe penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to aulhorities. Date: Cyrus Greenberg LCWI050953.t -_.......~ 0' ~=. A _ ~ _ ;.. ""'.JW"~"",""-c,,,,,,-"',,d<-' VERIFICATION I Greenberg v. Carlisle Hospital and Health Services, el aI. J LOUISE GREENBERG, being duly affirmed according to law, deposes and says thai the facls set forth in the foregoing Responses 10 Reques1 for Production and Copying of Documenis are true and correc110 the best of her knowledge, information and belief. 'This Verification is rnade subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Louise Greenberg LCHlI050953.\ -- " ->-'-""">,,,,~~j",--- CERTIFICATE OF SERVICE I HEREBY CERTIfY thai I have this day served Defendan1 Carlisle Hospital and Health Services' Request for Production and Copying of Documents bylirst class rnail, postage prepaid, upon: Richard H. WIX, Esquire WIX, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 And a true and correc1 copy 10: Michael M. Badowski, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Date:~(Xf).. BARLEY, SNYDER, SENFf & COHEN, LLC BY:~ Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Stree1 Lancaster, PA 17602-2893 (717) 299-5201 Court 1.0. No. 50919 Court !.D. No. 84105 LCWl050953.1 _ ,c. _~ -,.,. 'I "~__I ~ - ~ '~~1.~,c 126 East King Street Lancaster, PA 17602-2893 Tel7I7.299.5201 Fax717.291.4660 www.barIey.com Michelle R. Reiley, Paralegal Direct Dial Nwnber: 717.399.2167, exl. 3167 E-mail: mreiley@barley.com November 22, 2002 Richard H. WIX, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Re: Greenberg v. Carlisle Hospital Dear Mr. Wix: By way of introduction, I am the paralegal assisting Attorneys Kendra McGuire and David Warren with the above referenced case. As I indicated to your secretary on the telephone, we would like a copy of the following records: . Harrisburg Hospital records · Moffitt, Pease & Lim Assoc. records . Hershey Medical Center records (including, but not limited to Drs. Horwath, Barber and Stack) . . Dr. Rau's records · Masland Assoc. records . CT scan(s) from Carlisle Hospital We realize that you are very busy, but would greatly appreciate it if you would send us copies of the above listed medical records. We will, of course, be happy to reimburse you for any reasonable photocopy expenses. Additional!y, upon reviewofthe file, it has come to our attention that we served you with Interrogatories and Request for Production of Do cum en Is on February 11, 2002. Please respond to same as soon as possible. Barley, snyder, Senft & Cohen, LLC Lancaster . York' Harrisburg' Reading' Berwyn . Hanover' Chambersburg ~' -~" .1 November 22,2002 Page 2 Thank you for your professional courtesies. Very truly yours, ~. Michelle R. R~ Paralegal MRRImrr: 1127979. 1 -I."J , -"v~ ~b.lWi" .~ _"~;"'~',""i"___. . CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy ofthe foregoing Motion to Compel has "".,,~... th;, d'L1;'YOf :;sa~ V" f t 2003, by Om ,.., """' """"" _d, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, P A 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 BARLEY, SNYDER, SENFT & COHEN, LLC ~ Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2832 (717) 299-5201 Court LD. No. 50919 Court LD. No. 84105 1141203.1 nr -~"'~, ... , , " " t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants CARLISLE HOSPITAL'S BRIEF IN SUPPORT OF MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS I. HISTORY OF CASE Plaintiffs, Cyrus Greenberg and Louise Greenberg, filed a Complaint on or about December 27, 2001. The Complaint alleges medical negligence with regard to the treatment and care provided to Cyrus Greenberg by Carlisle Hospital and other health care providers in November of2000. On or about February 11, 2002, counsel for Carlisle Hospital served Plaintiffs with a set of Interrogatories and a Request for Production of Documents which specifically includes a request for the production of expert reports substantiating Plaintiffs' claim of medical negligence against Carlisle Hospital. See, Exhibit A.I This lawsuit is over one year old and involves care and treatment administered over two years ago. Notwithstanding, Plaintiffs have still not produced answers to properly served 1 All exhibits are attached to Defendant Carlisle Hospital's Motion to Compel Answers to Interrogatories and Request for Production of Documents. 1141222.1 ~i '~i>I.;, " r " .:' ... Interrogatories and Requests for Production of Documents which specifically includes a request for expert information substantiating Plaintiffs claim of medical negligence against Carlisle Hospital. Furthermore, Plaintiffs counsel has failed to respond to letter from counsel for Carlisle Hospital specifically requesting the aforementioned Interrogatories and expert information. See, Exhibit B. Accordingly, Carlisle Hospital filed a Motion to Compel Answers to Interrogatories and Request for Production of Documents. This Brief is in support of that Motion. II. ISSUE PRESENTED A. WHETHER PLAINTIFFS SHOULD BE COMPELLED TO ANSWER INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS AND PRODUCE AN EXPERT REPORT WITHIN 60 DAYS OR SUFFER SANCTIONS WHICH MAY INCLUDE THE PRECLUSION OF EXPERT TESTIMONY AT TIME OF TRIAL? Answered in the AFFIRMATIVE by Moving Defendants. III. ARGUMENT A. PLAINTIFFS SHOULD BE COMPELLED TO PRODUCE ANSWERS TO INTERROGATORIES AND A REQUEST FOR PRODUCTION OF DOCUMENTS AND PRODUCE AN EXPERT REPORT WITHIN 60 DAYS OR SUFFER SANCTIONS WHICH MAY INCLUDE THE PRECLUSION OF EXPERT TESTIMONY AT TRIAL. The Pennsylvania Rules of Civil Procedure provides for service of written discovery and request for production of documents upon any named party to an action. See Pa. RC.P. 4005 and 4009.11. In addition, the Pennsylvania Rules of Civil Procedure provide for the discovery of expert witnesses and there opinions. See Pa.RC.P 4003.5. Pursuant to Pa. RC.P. 4006, production of documents and answers to a request for written discovery shall be served within 30 days after service of the interrogatories. See Pa.R.C.P. 4006. Expert testimony is vital to establishing a medical malpractice claim. Hoffman v. Mogjl. M.D., 445 Pa. Super. 252, 258, 665 A2d 478,481 (1995). A plaintiff who brings a medical 1141222.1 ~, ,---. ,'- -...:"..,~"",: " r " . malpractice case in negligence must prove that the act or omission of the health care provider fell below the standard of care and this standard must be established by expert testimony. Id. The purpose of a pre-trial report by an expert is to inform the opposing side of the identity of a party's expert and the conclusions of the expert in order to prevent unfair surprise at trial and prejudice attrial. Havasvv. Resnick, 415 Pa. Super. 480, 494, 609 A.2d 1326, 1333 (1992). Courts in Pennsylvauia have held that appropriate sanctions may be imposed for failure to comply with discovery requests, including the exclusion of expert testimony for failure to disclose the identity of expert witnesses and the nature of their testimony. See e.g. Poleri v. Salkind, 453 Pa. Super. 159, 172,683 A.2d 649, 656 (1996). The instant case is nearly four years old and involves care and treatment provided over seven years ago. Despite properly served discovery, Plaintiffs still have neither provided answers nor produced an expert report substantiating their claim of medical negligence against Moving Defendants. As a result of Plaintiffs' failure to provide timely answers to discovery, Moving Defendants' ability to evaluate Plaintiffs claim and prepare a defense to these claims has been substantially diminished. Since Plaintiffs have had more than ample time to respond to discovery and secure an expert report that complies with the requirements ofPa. RC.P. 4003.5 and have provided no reasonable excuse for their failure to do so, Plaintiffs should be compelled to produce an expert report within 60 days or suffer sanctions. IV. CONCLUSION Based on the authorities and reasonings set forth herein, Defendant Carlisle Hospital respectfully requests that this Honorable Court grant their Motion and compel Plaintiffs to 1141222.1 <^ - . .-,1--. ,-, >,-, .~ -":il~~", , " " produce expert information within 60 days or suffer sanctions which may include the preclusion of expert testimony at trial. Date: {/:/7/6'> BARLEY, SNYDER, SENFT & COHEN, LLC /v- Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services BY: 126 East King Street Lancaster, P A 17602 (717) 399-1525 Court LD. No. 50919 Court LD. No. 84105 1141222.1 ~ "'~,~ llo- \. '. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing Brief in Support of Motio'to Compo! "" "''''' -,d, t1i"~Y of :::JC, JQ 't 2003, by tm, ,,~" mail, postage prepaid, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road CampHill,PA 17011 BARLEY, SNYDER, SENFT & COHEN, LLC P'- Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2832 (717) 299-5201 Court LD. No. 50919 Court LD. No. 84105 1141222.1 ,,- -",', -, ~ 'C ,,~ - " 'A~:~~,~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court: ----------------------------------------------------------------- CAPTION OF CASE CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs. :NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion of Defendant, Jeffrey Sedlack, M.D., to Preclude Expert Testimony 2. Identify counsel who will argue the case: (a) Plaintiff(s): Richard H. Wix, Esquire (b) Defendant(s): Shaun J. Mumford, Esquire, for Dr. Sedlack; Kendra D. McGuire, Esquire, for Defendant Carlisle Hospital 3. I will notify all parties that this case has been listed for argument. 4. Argument Court Date: July 23, 2003 "(;;:;;;3 atEi Atto ) Plaintiff X) Defendant, Dr. Sedlack 717-975-8114 Phone Number ;~:_i~;jJfiL'<'l>;~~~~~li;li;<ff~~I!iil~:!lM:~~'w..:a_;m:il>b:';;&~"'~'("1i","'"""'''-<'''->i!!,,,i~!i.>,''''M~~_~~5fy'- ~.Jl:-.l'!~iliiiiI 'iiiii:'!. :~;~,-- ',," ,"",~._,' ",-"",,_. ~~_,< .? ,,~,'-"~.' "",I, ~ ", .,. ~ _.""'~_, '''''1,'_ --- , () 0 0 ~ (,.,) -rt , :-~ ~~JJ -oDJ e fiirTi --o? Z-..-I - ,^. (.-0 ,'1ft! zr'-' ~;?' <.::> ~~ ~'-...: ~i~ ---:- " ~C -.,"- ~_C~]5 ~(:; r;y (sin c: ..~ z ~. ..... :n :6 -< c..:> -< !iJ ,.,~.~.._--, ,I, CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs vs. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants :ii._ bl:Mii!i;>,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI. VANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: DISCOVERY ARGUMENT ORDER AND NOW, this /g" day of July, 2003, argument in the above captioned matter set for Wednesday, July 23, 2003, is continued to Wednesday, August 27,2003, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ~chard H. Wix, Esquire For the Plaintiff .;Michael M. Badowski, Esquire For Defendant Dr. Sedlack vKendra D. McGuire, Esquire For Defendant Carlisle Hospital :rlm BY THE COURT, 0cr-piu0 1 Lffi~ )' lRKS 07-/~ -(.[3 if. ~H*~~tiii!:.jIiI~~~~jfi'i:ltli-"..'l<:&.'i1,m~~il".mlOOj~~.U!i.N/iil1 {'i" ,t.I_," L::J . i 1 - ~_1 ~ Vii\M'ilASNN3d 1 I'" 'n:-.'.....I ,i _i""~. !~.:...~II;!n,.... r\..ll\,'\,,"- ," ' ,,'-''> '....1 :i AH01i:~" --1." LI,~U,".oL !mUUlIllIRlllmm ~:~jUlLI1LJijl ..., IJ..IUU!V,.ffl,L.,., . ,:!T~L__,. _~,_,,, J __ .._" "~_" . ",,",< -L""" ^ '"',->'-..-,..-~,*-''' ;_.:l'>1,' . "~' ~:!,,-,-l1..,y_ I;LP,,'~'-2\,,"H__' '"'" "''''''''_~ .""CO ,"_,_, __ .L ~ ~-~- --""" > h..' "~~ ^,-,,'-'- ,'-' _W"" ^-," I'~'- ,--""~-,,,,-." __b'" ,', . ~" ;0' ""',-, ,',.;.""J "h'__'~ , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants PRAECIPE TO THE PROTHONOTARY: Carlisle Hospital and Health Services hereby withdraws its Motion to Preclude Expert Testimony and Other Evidence. The Motion to Preclude was scheduled for argument on Wednesday, August 27, 2003 at 3:30 p.m. in Courtroom No.4 before the Honorable Kevin A. Hess. The Motion to Preclude filed on behalf of Defendant Dr. Sedlack is still pending. Date: ~'"' ''It '(J6D3 :r & COHEN, LLC BY: ndra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602 (717) 399-1525 Court LD. No. 50919 Court LD. No. 84105 1195739, ] .--~ - n..~_' ._ , - ""I ".~""I"", "'''-_'''"d' ,...J ' ;,- - "~~", ,;;-', - ~li!: 1054919.1 CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy ofthe foregoing Praecipe has been served, this J!f!::day of f}u'1/~/ following: , 2003, by first class mail, postage prepaid, upon the Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, P A 171 09-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Ke dra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602-2832 (717) 299-5201 Court LD. No. 50919 Court LD. No. 84105 \195739,\ " ,_~k~~ii;>Ii:0lii.~~~t~-Mdi5i~~'@lt'ffi"""\'""'^~t"'ji'.<ffi;::B,-t""'-'"1:gi":;b;;1,(,,*.)i'$~~ ,~,,!ll!1 UJI- _,~ .-" ,~, _=_.. ~.=~ ~_,=^,__'1.o ~, ,~ """. 'JUlIe'- ~)~\~ "~-"," 'ir;t.:~jnllJlJiliM~""""' - ~t~" Z_ U)_ -<.. 1.<C- :r>,- Zi-- Pr> , c! c: .- -j -, c "-,::;m. ,"") co --i \2... .-_1.. \< _:-I (j en ::.::i -'~ 5:J -< !"",) :.rl ,~ ~I ~ , ~ , ~,'~- . ',"' '--'i!;.V< CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI. VANIA vs. 01-7228 CIVIL CIVIL ACTION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO PRECLUDE EXPERT TESTIMONY AND OTHER EVIDENCE ORDER AND NOW, this /1- day of July, 2003, a brief argument on the within motion to preclude expert testimony and other evidence is set for Wednesday, July 23, 2003, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Richard H. Wix, Esquire F or the Plaintiff /1d Michael M. Badowski, Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital . ~ 7_1/-03 ~ y.. :rlm 1 ;!~~_.:i.a;;: ~f""""4b"-~ ~~"l;M4Ji1J!ilI""<>- , " - , o$i\;:!lkf.l\\;i:.je,;.~~~I;{;"w~.iJi[1il!ii'~iitili-,'Il! ~ '1"i''''i'\110r\I!'LJcI \ ~ ~./ ,".;." "",,;' 0'"'> ""n' ,', ""'w!i\I,v -'\:..I\J 1_,; , '-I" '.,.~' I tF.i :!il .!W"..",.. --- _,_~~~ <~ -, ~',_"~^,.T !!!L~" ~, I 'iiW r:~O ~~ -'j:~c~~6~J'}!.:! , ~n ~I.... .= ,,'~ " " ,,'. .~, '~I" .,,," "~_.o",.:;,,,,-~~,= ",>;".."r,,'- -',,, -"__~;6;k:;,,,-i_lIk,_,,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants RULE TO SHOW CAUSE AND NOW, this _ day of ,2003, upon consideration of the Motion of Carlisle Hospital to Preclude Expert Testimony and Other Evidence, A RULE is hereby entered against Plaintiffs to show cause, if any, why the relief requested in the motion should not be granted; This RULE is returnable in days. By the Court J. 1141203.1 - ~~-~. , ,= ,. '_"0' "__'I' ,. ,.,,-<" '0_-",', '<""'''",",'-'''',,0-,.,;..'-, y,-.-. . .'-'i:,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants ORDER OF COURT AND NOW, this _ day of ,2003, upon cousideration of the Motion of Carlisle Hospital to Preclude Expert Testimony and Other Evidence, and Plaintiffs' response thereto, if any, IT IS HEREBY ORDERED that Plaintiffs are precluded from introducing at trial any expert testimony or other evidence sought by Defendant Carlisle Hospital in its Interrogatories and Request for Production of Documents. By the Court J. 1141203.1 ~,-, ~--,-- - ". """'".~~-"" ~ ' -',,<,,- ,- ~ '~H- .""".,",' '-""'-'-'"'''-''' -, '- "-~,g-, ':;'J.~^-' ';~! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs No. 01-7228 v. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, JURY TRIAL DEMANDED Defendants MOTION OF CARLISLE HOSPITAL TO PRECLUDE EXPERT TESTIMONY AND OTHER EVIDENCE 1. Plaintiffs, Cyrus Greenberg and Louise Greenberg, filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27,2001. 2. The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Carlisle Hospital and Health Services (hereinafter "Carlisle Hospital") and other health care professionals. 3. When Plaintiffs refused to provide any answers to interrogatories or responses to requests for production of documents, Defendant Carlisle Hospital filed a motion to compel seeking discovery answers and the production of all expert reports. In its motion, Carlisle Hospital noted that it would seek the sanction of preclusion if Plaintiffs failed to comply with any order entered by this Court pursuant to Carlisle Hospital's motion to compel. 4. On or about March 20, 2003, this Honorable Court entered an order compelling Plaintiffs to provide auswers to interrogatories and responses to r!lquest for production of 1183026.1 .,' do; '~ ""I" ,. .~ ,'"<r__ "-~---'~"'._""","":";"" ,'"' ~'-_'i""--".""Z~: documents, including the production of all expert reports, by June 18,2003. See Order of Court, dated March 20, 2003 attached hereto as Exhibit "A". 5. Pursuant to the Court's Order, Plaintiffs have had ninety (90) days to comply with discovery requests. 6. To date, Plaintiffs have not served answers to interrogatories, nor have they served responses to requests for production of documents. 7. To date, Plaintiffs have not served any expert reports. 8. Accordingly, Plaintiffs are in violation of this Court's Order of March 20, 2003. 9. Pursuant to Pa.R.C.P. 4019(a)(I)(viii), upon motion, this Honorable Court may enter an appropriate order where a party has failed to obey an order of court respecting discovery. 10. Pursuant to Pa.R.C.P. 4019(c)(2), based upon Plaintiffs' failure to comply with the Court's Order of March 20,2003, this Honorable Court may enter an order precluding Plaintiffs from entering at trial any evidence requested in the discovery requests that they have failed to respond to, including precluding Plaintiffs from introducing any expert testimony in this matter. 11. Given the fact that no answers, responses or expert reports have been provided by Plaintiffs, the sanction of preclusion is appropriate in this case. WHEREFORE, Defendant Carlisle Hospital respectfully requests that this Honorable Court enter an Order sanctioning Plaintiffs for their failure to provide any answers to discovery requests and their failure to serve any expert reports. Defendant Carlisle Hospital further 1183026.1 "^,",'" -<-~', , '. l"""'"'" ,-- "..~;;. ,,o,-,.-t', _j,,,_,,..,,,,. ,~-,--.'w.",;"-_,,c)<>:"-,.c, ~ ,:.' requests that the sanction imposed be Plaintiffs' preclusion from introducing any expert reports or other evidence requested therein. Date: ~//qf3 BY: endra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, P A 17602 (717) 399-1525 Court I.D. No. 50919 Court I.D. No. 84105 1183026.1 'iJ:.' CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON ~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL AND' HEALTH SERVICES, Defendants 01-7228 CIVIL TERM JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 20th day, of March, 2003, following a telephone conference with counsel, it is ordered and directed that the plaintiffs comply with the following discovery deadline: 1. A response to expert interrogatories shall be forthcoming within ninety days. 2. All other currently outstanding discovery shall be responded to within ninety days hereof. By the Court, Richard H. Wix, Esquire For the Plaintiffs .--/(. K7A. A;l Hess,J. Stephen L. Banko, Jr., Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital :bg TRUE COpy FRt.:M FiECORO In TMtlmooy wlleroof, I VliJf0 ~1il() ~ my liaRd and the S8il of said Court at C<li'ii.s!e, PI. ,Thii, . ,.<~} ~ay of ~~ ' ~ ,-, '1:f,.1} 'Y] , I ~ Protllonotart -" ~. ~'~~=~ ~ -"' ~~ " ,""'-. , ",,_,,0- '""""iiL' CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing Motion to Preclude has been served, this ~ day of ~~c ,2003, by first class mail, postage prepaid, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 COHEN, LLC Ken(Jra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Court LD. No. 50919 Court I.D. No. 84105 1141203.1 ~~~,,~~.;~ t"~, ""i.""""'-'''-''''~~~~i!;ilffi~ ___4 ., ~~=. _..J ~ ~ = ~< ,"""'-, ~ -" y",< '.'. , ~_.<~,'~~h" " ~ 0 ~ c.,;J ,- ....., ~':x; c:: ?f.i:n ["l1 z ' 1~" ::rJ N -"-.Ii) ~~~ .{;"" :b\:;J 13c> ,<,0 -0 ,..,-:., ;.=;;::n ~o :x ~'rn 0 ~ ~..-;;:. n >c: 0 '0-\ ~ C> ?O C1' 0<: '""Z ~~ ~-- 3. ., ,~--" ,~ 1.1frl~,~\:' Cyrus Greenberg and Louise Greenberg, His Wife v Jeffrey Sedlack, M.D. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01-7228 CIVIL TERM ORDER OF COURT AND NOW, December 11, 2003, counsel having failed to call the above case for trial, the case is stricken from the January 12, 2004 trial term. Counsel is directed to relist the case when ready. vRichard H. Wix, Esquire For the Plaintiff ./1\{ichael Badowski, Esquire For the Defendant Court Administrator Id By the Court, ?~ Rft3 J:(. JI-CB %Ji\I!il~~W;!,1iM'i:,:;,__;;l!t.t""'t;J,,;<!~~~,",-,lful~,,~jO'-l>Jil;;r~:c:jc"""i';"!'-""''';''~''''\' ,,_, i"-,,,,,,;,:~'k4.!_~,:,,,,,-~.#i-lllli;ll-'l~"'-'''~_!/l'I'~-;;'orn..~-''''''~--~===-=,--_..,---'~._---- . .~ ,~, ~ ~ ,"".. VlNVi\lASNN3d I I '.Intt, (11,;'cnlJ":lqMn" l\.LI'l: p....', _. ,,' "__..",_,:'t IV % :2 Wd I I 330 80 A1:iV10i.,J;JhlU2d :2H.L ~o 38J,:!jQ-OTllj __ "~~~"~__p,__"__,,",, L",..~,'e' -', .. ,.. ,~_,_~.r.. ._,,~.~ _~,~'Y" JUt 1;/ ,>c,""'" _, . "~ r" co,,,'", __ _~"1'_'__~"'_",C_0"_"" ,~- ,~-" '-;' .,- .,~ ,"^ ~~ "'--~""'~;-I';.''-;': ~ ~;.,';." ,,,,),-,,," -": >" "~;;".~'_:i! , '-0 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutrnitted in duplicate) TO THE POOl'HOt>OTARY OF CUMBERLAND COUNI'Y Please list the fOllowing case: (Check one) x) for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) CYRUS GREENBERG and LOUISE GREENBERG, his wife Civil Action - Law Appeal from Arbitration (X) Malpractice (other) (Plaintiff) vs. JEFFREY 'SEDLACK The trial list will be called on and February 17, 2004 Trials coomence on March 15, 2004 ( Defendant) Pretrials will be held on Feb. 25, 2004 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. Civil 01-7228 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke Street, Harrisburg, PA 17109-3099 ID #07274 652-8455 Indicate trial counsel for other parties if known: Michael Badowski, Esq., Margolis,Edelstein, 3510 Trindle Road, Camp Hill, PA 17011 This case is ready for trial. Signed: ~'C' ~..1 Ii ~ Print Name: Richard H. Wix, Esq. Date: 12/16/03 Attorney for: Plaintiffs ~~ , 0' __ I'" - --~"- , "-~ - ; '- - . - . ., -, ~--"<' .j. ';."I-'~ :'--"~.-;"';;,-,:,,,", ';",-" ~,~j'<ii{d<:i1,.:':'i>~- ,'-i~,:,' ,-,': llliDi CERTIFICATE OF SERVICE AND NOW, this 16th day of December, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attomeys for Plaintiffs, hereby certify that I served the within Praecipe for Listing Case for Trial this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael Badowski; Esq. Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 WIX, WENGER & WEIDNER .J:J~ W Gaye C~t l,~ _'-i. - r.iliiiM~~~'?li rijilit!M'-~41~~~~~~1Mi~~ii'I;;''''',i;,;;';~'->'''' ;"""'-~-"",-:,j";,,"-'-^, -~"--~ ~" , '~ " ,. r-3 ~ 0 = C = "'" ~;:: S. ~ ",",:}(;._' en,-"- c-) -om 2~~_'. ~1J9 U)^', --' 90 r::~t_~ ::- -n -tJ _"--'n -. Qo ~~) - /)cn -'.'. (;'1 ::~l ..- .", -:r~ ~'1 ~ 0 ~- -< 0-' ~~ ~~v 1mr '~~,n~ ~~_",~.'~~ ",~,_",.~,~J"-"..'_,"_r;'"^, .xC _" {"-''''k_, _m,"~_,_"" '~,".'""",- '0/-':,,-,,- ,""'" ,-_",-,..c_ 'r"_, ;", ;'_."',~_,,,,, "'''''~.'_ '~'-l~<'''r ,0;"0-",,,'. I ~"" _, "'. ;,~', c,.,,,' L ,..,_<..,\I},,,:-<, '- .. CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs vs. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants & ,--_. __c ~ -- " - . -'.W"''''l-l~"k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT BEFORE BAYLEY, HESS AND OLER, J.1.1 ORDER AND NOW, this IS .. day of January, 2004, the motion ofthe defendant to preclude expert testimony and for summary judgment is DENIED. vfuchard H. Wix, Esquire For the Plaintiffs vMichael M. Badowski, Esquire For Defendant Dr. Sedlack :rlm BY THE COURT, "j [The Honorable J. Wesley Oler, Jr. did not participate in the decision of this matter. ~ii1fu~1--'--Er~''''~~~''II}h1iW~\im.~1li1~~~l@,Hli-;J~}JJi$;"i,.*ii~-iY.il~::.!Slmli II .."'" - -.. AjJ\r1(~1~~j :iIP<'l "It 10 111 ;,',?, (Jt-) " , Ii q i ~n,aln hnrz ." I I',; lu0 /l,tF'-:lJ.G\iOH I (J,LL,' ll.-IJ' -Irv' "1'''1:1 ;"T ;..':. ...t ~_ ,",1- c,o-u31i.:1 ,or;-,Uu r,.''''''.1 ">~"cM , <'_~ C"~ ..,~,< _ ,"->'. ",<"" .ft_" '\fJ'_J\"",~'":"L','t?"_f"_-_',,,"",",,,, "~' ,"l"~'.'~;h"-"N~.._ ^ _"'" . ",_,,~, ]_', _"-_ ~",' '.~ ~ ,. '_1,_.'~,"~" < ",~. 0/.-",,,,, ,~. ^, ~~ r ~.< ,-",- ,,,~, '" _' .,~, "_N.,_";"....'" ,"''''''''''''''',^_''._'''~_~,,~. ,,'" . ^ . ~=="~~,--' ~ ~;:J' .. ...-. ~^ CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-7228 CIVIL CIVIL ACTION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED IN RE: MOTION TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT BEFORE BAYLEY, HESS AND OLER, J.J. MEMORANDUM AND ORDER In this case, the defendant seeks to preclude testimony from G. Gary Kirchner, M.D. on the grounds that Dr. Kirchner's letter of August 10, 2003, is deficient. The deficiencies cited are that the opinions expressed appear to be based on personal belief rather than a reasonable degree of medical certainty and that the expert does not set forth specific instances or examples showing that Dr. Sedlack's conduct was beneath the standard of care. It is true that Dr. Kirchner's letter contains less detail than is customary. At this stage of the proceedings, however, we are satisfied that Dr. Kirchner's letter is adequate as a threshold matter. First, while he does state that certain conclusions are based on what he "personally believe[s]," he goes on to say that he holds "all of these beliefs to a reasonable degree of medical U~ .do. ~~'~""J;_i 01-7228 CIVIL certainty." A fair reading of the first page of Dr. Kirchner's letter reveals his concern with the plaintiff s pre-operative risk factors. Given those risk factors, Dr. Kirchner opines that one of the options which should have been explored was "an open procedure done under local anesthesia thus eliminating cardiac stress of a general anesthetic." As the plaintiff observes, the matter of informed consent is very much an issue in this case. On the second page of his letter, Dr. Kirchner opines that the complications which resulted in this case would not have occurred in the absence of negligence. See Hightower-Warren v. Silk, 698 A.2d 52 (Pa. 1997). We agree with the defendant that Dr. Kirchner's report does not contain a specific reference to the standard of care or how that standard may have been breached in this case. These are not the only claims, however, which have been raised by the plaintiffs. For that reason, we enter the following order. ORDER AND NOW, this / S'1l day of January, 2004, the motion of the defendant to preclude expert testimony and for summary judgment is DENIED. BY THE COURT, Richard H. Wix, Esquire For the Plaintiffs ./lJl Michael M. Badowski, Esquire For Defendant Dr. Sedlack :rlm 2 ,", '~ , C"'_"'~"" - c_ -',!"," ,"'" -,,:- " ~ ;"'-" :~,-:/,-,,~- cJ '-1.0-"" -, ,'-' , "'~,-,, ~. "~',.l.<'l-j -,,--,',-~~, -,> ',,,,,,," :.,,{_ ~---;';~-'-'('f-:i ,,\ CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs. :NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2003, upon consideration of the Motion of Defendant, Jeffrey Sedlack, M.D., to preclude expert testimony and for summary judgment, and it appearing that Plaintiffs' report from G. Gary Kirchner, M.D., dated August 10, 2003, is insufficient to establish a prima facie case of medical negligence against Dr. Sedlack, and it further appearing that Plaintiffs are precluded, by prior Order of this Court, from introducing any other expert report or testimony, IT IS HEREBY ORDERED AND DECREED that Plaintiffs are precluded from utilizing the testimony of Dr. Kirchner and that, accordingly, without expert testimony, Dr. Sedlack is entitled to summary judgment as a matter of law, pursuant to Pa. R.C.P. No. 1035.2. The Prothonotary shall give notice of the entry of this judgment pursuant to Pa. R.C.P. No. 236. BY THE COURT: J. $; ',-- - - -(~~'~"~~'""\-illiiiti~!~iM~1IrJ;t,-'~"'if;,;rJW-~~Jl.~1k~~~,,",r , i' , - ',- ,,-,-"-'- ,-- -':~r~~-<","l",",]~~ ic~~~ \i!t,r<;:/rU\S'i'-'!i~rjd \ '''~,~' . "''''''~J I ,i\d J, ! ' .'- '''I''i~'\I'' .....'!r_,,_, ,'", _,. _ I 1J8 :01 W 0 I 83.:1 ~OOl Ab'\flONOHlOi:id 3Hl ;10 =i''\<' '^....n..,.l'J _,vCi.:!L/ u;J J.:J t~~,_~ ~ .'_'~, . _,_. _,"".",;"",~,,~~"_, "._.""'=M~"~"'_""___'"'''''I<",' ~,__, ',,, ~ "- - <c"b~"~ ,_",~" :".;,""~",,,,, ijJiflllilH:-ir-" r. ....' .-,'''",,-'''''.'.'- >',"~' ~. 5"""''-'j~'' ~'"', "',~,,~1 '>'i?,~, ''1'''''" ~o,". ""v,',"',"'="~"Z"._"""" '",^_" ,,," . - _ IC~'~"" . ,., ' , .-- , ' " -,'.', -' ,; ,- 'lI':';;' ''':<'~;:li~ " MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trind1e Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail : [717] 975-8114 [717] 975-8124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW vs. :NO. 7228 CIVIL TERM 2001 JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :JURY TRIAL DEMANDED MOTION OF DEFENDANT, JEFFREY SEDLACK, M.D., TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT 1. Plaintiffs filed their Complaint in the above-captioned action on or about December 27, 2001. 2. The Complaint alleges professional negligence against Defendants, including moving Defendant, Jeffrey Sedlack, M.D. ("Dr. Sedlack"). 3. As a result of a Motion to Compel Discovery filed by co- Defendant, Carlisle Hospital, this Honorable Court entered an Order dated March 20, 2003, compelling Plaintiffs to provide all outstanding discovery and any and all expert reports within ninety (90) days of the date of that Order. A copy of said Order is attached hereto, incorporated herein by reference and marked as Exhibit A. 4. When more than ninety (90) days passed from the date of ,fj; -- ~-, -,,".'-","" ~. ~ ''---' -'-"'->"-'I'''''',,-,~ ,- '0' .'- '''-''C{ --~'<;"':':- "",--~"~,.;.-,~,\, -. ~ ""'_" ~[! , the aforesaid Order and Plaintiffs had failed to provide any discovery answers or expert reports, Dr. Sedlack filed a Motion to Preclude Expert Testimony. 5. In response to that Motion, this Honorable Court entered an Order scheduling oral argument upon said Motion for August 27, 2003. On the day before the scheduled argument, Plaintiffs' counsel provided a report and curriculum vitae from G. Gary Kirchner, M.D., dated August 10, 2003. A copy of Dr. Kirchner's report and curriculum vitae are attached hereto, incorporated herein by reference and marked collectively as Exhibit B. 6. At the time of argument, the Honorable Kevin A. Hess issued an Order noting that; ~plaintiffs having produced an expert report beyond the time limits allowed by our prior order, we will nonetheless permit the plaintiffs to proceed, but with the understanding that plaintiffs' expert testimony is limited to that adduced to date." A copy of said Order is attached hereto, incorporated herein by reference and marked as Exhibit C. 7. Accordingly, Plaintiffs are limited to providing expert testimony, if at all, from Dr. Kirchner within the four (4) corners of his report of August 10, 2003. 8. Pennsylvania law is well-settled that expert testimony is required in a medical malpractice action to establish not only the standard of care, but also that the conduct of the health provider fell below that standard. -2- ;a 0"".' d 1- \, "c ~-,- ~-'": -'1. ~','U:_"::'~"'" ','.' --'';-'''''''Pl');,:,':,i':. , 9. Moreover, such opinion must be to a reasonable degree of medical certainty and may not be the subject of conjecture, speculation or guess. 10. The report of Dr. Kirchner, to which Plaintiffs are now limited, is deficient in several material respects. 11. First, it does not set forth the applicable standard of care with respect to laprascopic repairs of hernias. 12. Second, Dr. Kirchner's report specifically recognizes that injury to the inferior epigastric is a recognized complication of the procedure being performed. 13. Third, his opinions are accompanied by statements such as "I believe" and "I personally believe," none of which satisfy the standard of reasonable certainty. 14. Finally, pursuant to Pa. R.C.P. No. 4003.5, an expert must provide the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Nowhere in Dr. Kirchner's opinion is such information provided. Rather, he relies merely on his own "personal hceliefs." 15. Absent expert testimony, Plaintiffs cannot establish a prima facie case of medical negligence and, therefore, there will be no issue of material fact and Dr. Sedlack is entitled to summary judgment as a matter of law, pursuant to Pa. R.C.P. No. 1035.2. -3- if; , ,----".'" " , I'-~ -, -Ok-, ,~",i'-":~;';i'->""'~:j'-':'il ";--,Aj,-:il~); WHEREFORE, Defendant, Jeffrey Sedlack, M.D., prays this Honorable Court enter an Order precluding the trial testimony of G. Gary Kirchner, M.D. and granting summary judgment in favor of Dr. Sedlack and against Plaintiffs. Date: Jl;//>1u5 , . By: ICHA ~ M., BADOWSKI, Esquire Attorney for Defendant, JEFFREY SEDLACK, M.D. -4- w., - ,."," l'_"'~,,, _,' L,."'''-'~F'- "ji' j' .,- ,'."',,', '-,;' ,~-...,-,,;,-,-;..ti1j CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 2-.0 day of O~~ , 2003, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Kendra D. McGuire, Esquire BARLEY, SNYDER, SENFT & COHEN 126 East King Street Lancaster, PA 17602-2893 (Attorney for Carlisle Hospital and Health Services) MARGOLIS EDELSTEIN By: g~~ 4 -:r L zK Secretary '~"'~,",",- ',- ~ "'~'li:" '-~.O"~<-"";-.,l#''''J(~l? CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF v CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEFFREY SEDLACK, M,D., and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants 01-7228 CIVIL TERM JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 20th day of March, 2003, following a telephone conference with counsel, it is ordered and directed that the plaintiffs comply with the following discovery deadline: 1. A response to expert interrogatories shall be forthcoming within ninety days. 2. All other currently outstanding discovery shall be responded to within ninety days hereof. .By the Court, Richard H. Wix, Esquire For the Plaintiffs -4<--- 7A. H~ Hess, J. Stephen L. Banko, Jr., Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant carlisle. Hospital :bg 08/?6/2003 13:06 71 76526290 --~,' " ~ , J I - ~ .' ~ , " WIX WENGER & WEIDNER ~-, .J< -iilltl~\i-i , ' PAGE 03 G. 0IIry Xlrdm.. M.D. 610Mill _Raad ,....cut.... PA 17601 August 10, 2003 Dear Mr. Wix: I have reviewed the material that you submitted to me in the matter of Gnlenberg versus Sedlack, ct. AI. I have carefully read both the hospital records and the surgeon's deposition. The gentleman presents with a hernia that surgical repair is certainly an option. A laparoscopic approach is chosen and is carried out under general anesthesia administered by a nurse BDeSthctist on an out p.tient besis. During the course of the operation an injury to the inferior epig8$1ric occurs and is dealt with in the usual IDll1UICI' of a laparoscopic arterial. injury, n8mely the application of clips. The surgeon is satisfied that this has solved the problem and the hernia repair proQeeds uormally. The patient, as is the custom in Iaparoscopic hernia repair is dillmiasod from the outpatient facility, he returns home: OJ:JlY to return back to the hospital emergency room in critical cobdition with massive blood loss. At this jubcture, I will digress a bit and say that a patient with signiticarrt hypertension (blood p~ 1771100) elevated chole3terolon _ens and a smokingbistory should have been more alI'etblly evaluated pre-ope:rlltively. That evaluation should have included at least a stress test done by a cardiologist. Mr. Greenberg certainly has significant risk factors. HypothetiWly if that had been done preoperatively instead of in the crisis postoperatively one would then have re-eva1uated the options fOr the surgical repair of the hernia. The principle option being an open procedure done under local anesthesia thus enmihllfiDg cardiac stress of a general anesthetic, The patient was handled with his complication in a reasollllb1e m....ner. The circumstances are certainly not good in that noW the patient has a massive bleeding episode that has precipitated a cardiac episode and the difficulties uow of re-exploration are very real. The subsequent investigation of his cardiac status reveals that he bas untrelIl8ble Cildiac disease. Valce 717-571-3359 ~ 717-S9G-1748 &-MAIl,. CROWIllU4ilREDROSE.NJl:T 0~f26/2003 13:06 71 76526290 > ' ,- ," ~" ~ I'~, .~" < WIX W~NGER & WEIDNER l,,_,~ '-~:;:i PAGE. ~4 While I personally believe that an error such as causing a massive bleed in the process of a surgical proeedure is negligent behavior slmilar to a motorist running a stop sign and causing an accideDt. No matter bow many times the procc:dw:e is done. No matter how good the results are of his work, no matter the number of papers that are published talking about the complications. No matter anything. If the compJication has occurred in my opinion it constitutes negligence. The patient in this case came to have his hernia fixed not to have his life threatened by a massive bleed secondary to a surgical accident. I believe that the wolds "1aparoscopic surgery" now COJDlOtate some sort of magic. It shou1cl not. Laparoscopit: approaches are just ,another option. Like any option they cany risks and benefits. The cbarm oflaparoscopic surgery is often the cause ofmlsadventures in laparo~pes being applied to people who are really not candidates. I hold all of these beliefs to a reasonable degree ofmedicai certainty. I would be more than happy to llJI5WCr any questions. I would be happy to testifY. Sincerely, G. Gary Kirc Richard WIX, Esquire WJX, Wenger and Weidner 4703 Duke Stteet Harrisburg. P A 11109 Ggk/tsb g,< 0~~26/2003 13:06 7176526290 NAME: ADDRESS: lELEPHONE: PLACE OF BIRTH: DAlE OF BIRTII: PERSONAL DATA: EDUCATION: JNTERNSHIP: RESIDENCY: -.' "-., , -' - '. , " , ,~:.. WIX WENGER & WEIDNER ~.I :.:4~;c' PAGE 05 CURRICULUM VITAE G. Gary Kirchner. M.D. 610 Millcross Road Lancaster, PA 17601 (717) 371-3259 Lancaster, PA January 4, 1934 Married: Betsy Louise Shirk Kirchner Children: Mark William-03/24/63-United Arab Emirates Susan Conn-3/27/64-Lancaster, PA lohn Shirk-7/26/66-Birmingham. AL Franklin &' Marshall College Lancaster, Pennsylvania Degree: Bachelor of Science Graduated-June 13, 1955 1955 Habnemann University Philadelphia, Pennsylvania Degree: Doctor of Medicine 1959 Graduated -:- June 11, 1959 Lancaster General Hospital Lancaster, Pennsylvania 1959/1960 Mayo Clinic, Mayo Foundation (Mayo Foundation is a part of the graduate school of the University of Minnesota) 1960/1964 08/26/2003 13:06 7176526290 ,] " " ---, WIX WENG~R & WEIDN~R =~, :ti~::Ji<lt>A"~" t-'Abt. I:lb CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE TWO MILITARY SERVICE: Lieutenant Commander United States Navy Medical Corps 1966/1968 United States Naval Hospital Philadelphia, Pennsylvania Staff Surgeon U.S.S. Forrestal CV A-59 Medical Officer DECORATIONS: National Defense Medal Republic of Vietnam Medal with Combat Star Vietnam Campaign Medal Navy Commendation Medal PRACTICE EXPERIENCE: Solo Practice of Surgery 203 E. Chestnut Street Lancaster, PA 1964/1968 Incorpora~ Practice of Surgery (5 man group) 131 E. Frederick Street Lancaster, PA 1968/1995 Incorporated Solo Practice 2106 Harrisburg Pike, Suite 111 Lancaster, PA 1995/1997 Incorporated Solo Practice P.O. Box 149 Columbia, P A 1997-1998 ""'" 0~125/20g3 13:05 7175525290 CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE lHREE . , I'" - ~ ~, WIX WENGE~ & WEIDNER --,- j-. ~lAlU""~1i]'; PAGE 07 HOSPITAL Medical StatIMember APPOINTMENTS: Lancaster General Hospital 1965/1998 Honorary Staff 1999 Disaster Committee 1968/1977 Chairman 1972/1917 Surgical Care Appraisal Committee 1972/1980 Chairman 1973/1980 Environmental Control Committee 1972/1980 Quality Assurance Committee 1974/1985 Chainnan 1981/1985 Executive Committee 1981/1985 Joint Conference Committee 1981/1985 IntemlResident Education Committee 1968/1976 Department of Surgery, 1978/1979 Vice-Chairman Department of Surgery, Chairman 1986/1989 Operating Room Committee 1977/1980 Operating Room Committee 1986/1989 Chairman Pbarmacyffherapeutics Committee 1983 0~12612003 13:06 7176526290 CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE FOUR ,. '" I '0 wf~ wENGER & WEIDNER -. ",^,.,,~ .~-'1h PAGE 08 Ad Hoc Committee Representing 1980 1.A'O"aster General Hospital To the Health Services Administration Cost Containment Committee Board of Lancaster General Hospital Joint Venture Committee Board of Lancaster General Hospital Surgical Care Committee Jan. 1997 LGH Susquehanna Division BOARD MEMBERSHIPS: Lancaster Strategic Planning And Marketing Committee 1995/1996 Visiting Nurse Association Board of Directors 1989/1995 LanC".aster Chamber of Commerce And Industry Board of Directors 1990/1992 Lancaster Health Alliance Board of Directors 198911997 Alumni Board Hahnemann University 1990/1996 Elected to LGH FoundationlAlIiam:e Board of Directors March23, 1989 to 1997 68/26/2663 13:66 7176526296 CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE FIVE ~ " .,L", ''''"-'- I WIX WENGER & WEIDNER "~l "'-~~~",;;-",: PAGE 69 Lancaster General Hospital-Susquehanna Division Board of Trustees Sept. 1997 to Present Newly Elected Board Member of Music At Gretna 1999 Member of Advisory Board as HealthCareLink's Director of Medical Information 1999 Member of Laneaster' County Children and Youth Social Service Agency MDT Committee 1999 ORGANIZATIONS: Fellow, American College of Surgeons Diplomat, American Board ofSw-gcons Fellow, Inteinational College of Surgeons Continental Surgical Club Phi Kappa Tau Social Fraternity Phi Chi Medical Fraternity Latl..uter CO\mtry Club James T. Priestly Society of Mayo Clinic RomryCwbmemberl%8-Pre~m Romry Club Presidem- 1983/1984 Medical BUreau of Lancaster Past Chairman of the Board Groundhog Lodge ofQuarryville, PA Pirates Club CMC ORGANIZATIONS: North Museum Associates . 'M!'; .~ ~ . ' "",' ,:"" .,- , WIX WENGER & WEIDNER .~ J, PAGE 10 ~,t(~""<ffl0;')' 08/25/2003 13:05 71 75525290 CURRICULUM VITAE G. GARY KIRCHNER, MD. PAGE SIX CERTIFICATIONS: Advanced Trauma Life Support-Provider Advanced Trauma Life Support-Instructor 01/1990 Laser Assisted Laparoscopic Cholecystectomy June 1990 Board Certified -June 14, 1965 Cert# 13376 AWARDS AND HONORS: Rotary Club - Paul Harris Fellow Humane League of Lancaster Achievement Award 1985 ACTIVITIES: Amateur Radio Operator - W A3YES LICENSES: Minnesota-1960-196S Pennsylvania - 196o-Present STATE ORGANIZATIONS: Medical Advisory Committee South Central Pennsylvania Federation of Emergency Services General Sl1:l'gery advisory Committee Pennsylvania Medical Society 1981-Present Keystone Peer Review Org9.n;7"tion Inc. PAPERS AND PUBLICATIONS: The, Thou2h.ttUl A~ectomist ReVisited: Laoarosconic ~end""Ctomv in a Community Hospital, American College of Surgeons, May 1994, Chory, Edward T.; IGn:hner, G. Gary; Pontius, John G.; Purdy, Richard T.; Lancaster General Hospital, Lancaster, PA. Use of U_OOOluaDhv in the Evaluation of Blunt Abdominal ,Trauma, Jarowenko, Daleela G.; Young, William; Kirchner, G. Gary; Purdy, Richard T.; Pontius, JOM G.; Heinle, Frederick; ~nyder, Herbert; Newcomer, David; Bacharach, Matthew; Hess, Robert; Herr, Mary Sue; Beyer, Frederick C. Retired from clinical practice of surgery December 31,1998 ~ .L 'd~ ""' " .".1; '.-- _ ~~" "","-"--- '-"'l,;':-~~;-_ - $1J- .~- t-)", '; CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CML CIVIL ACTION - LAW JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants JURY TRIAL DEMANDED IN RE: DISCOVERY ARGUMENT ORDER AND NOW, this 27th day of August, 2003, the plaintiffs having produced an expert report beyond the time limits allowed by our prior order, we will nonetheless permit the plaintiffs to proceed, but with the understanding that the plaintiffs' expert testimony is limited to that adduced to date. BY THE COURT, Richard H. Wix, Esquire For the Plaintiff ,4, . Hess, 1. Michael M. Badowski, Esquire For Defendant Dr. Sedlack :r\m ,-,"-",,:6',~i -,'";,i.i,;~,,t-;A(~'l;j~~~n~:ii- :.1' =.,.,"," ri. _ if'.M1l~IWt~II'l!___'_ :-- C) C) r1 ,- 'C) \,: ) !---:", " , .. ., U-, " ) -<, ~:- - ., ;.:': " ) ,~' , n oc,. ," . '~ "~~ :::> ~:n ...l -< s&:;~ l.H", _~~. .~~~~ ,=~~~",~m ~, "~",~~, _~.,,~,~ ~,M'~, ~' ~ , ~"~ >,_~" I"'~M%',.",' 1 , .',,7__~ _o,~^"~,,,,,,,,",,,' " ,~~, ,_,,~ " '~"..,,-,," ~,~ ,,""','~,~,,~ ~~, ~~~__,~~ ,', ~,~ ." '",""__~ ~ _~ "~" ,",'~"" - . ~, ,-,' "..' ,"~ - I",'~-c '~'N ,.::,~,'_ _,,1.,_ """;l~i , ... PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) 'ro THE PROTHOIDl'ARY OF CUMBERLAND COUNl'Y Please list the following case: (Check one) ( X for JURY trial at the next term of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption IlUlSt be stated in full) (check one) CYRUS GREENBERG and LOUISE GREENBERG, his wife Civil Action - Law Appeal from Arbitration (Xl Malpractice (other) ( Plaintiff) vs. JEFFREY SEDLACK, M.D. The trial list will be called on and April 6, 2004 Trials conmence on Ma V 3, 2004 (Defendant) Pretrials will be held on 4/14/04 (Briefs are due 5 days before pretrials. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. Civil 01-7228 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke Street, HarriSburg, PA 17109-3099 ID#07274 652-8455 Indicate trial counsel for other parties if known: Michael Badowski, Esq., Margolis Edlestein, 3510 Trindle Road Camp Hill, FA 17011 This case is ready for trial. Signed: _~ ,~L '" Lh; Print Name: Richard H. Wix, Esq. Date: 2/9/04 Attorney for: Plaintiffs ~ " .""" "::~ "c_ ,'I ,,; i. -"" ",',' ,'~ "''':'''_.' ,I'),; - "~1-.:i '~:;j.". ;-'''_,~,,,,,-~~I~_~ ,;,,~:, ',' :,;:.__,,-f,::~;';':'h,: c,~'~,,' ,~.~ ,~".:,;^: ~__,{~,~ . . ~ CERTIFICATE OF SERVICE AND NOW, this 9th day of February, 2004, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Praecipe for Listing Case for Trial this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael Badowski, Esq. Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 WIX, WENGER & WEIDNER JlC4k-~ Gaye C~t :w. i~~~~ "-: :~'~~'~~~~~~~1"~P!i!lll~~i#l!~~JJ~~~'-~';~~~lml ~-~~ ., ~ ~,~" ,",-, ",'~ ~, <~". ,,~ ",1.=, ~,__. ,~.~ ,~~"' '. ,~ ""1" ~~ ~,. - , '" .. '~ . I' "'h. ~, " '''' \ r- 0 ...., = 0 C c..., .," -q~ .... ...., .-j Q} r!:~ ,.." :c-,. ""--.",' 0:' nl;= ~71'" :g~ c/') \~, --.:':_' 9;; r';...^. ~....- ~ -r.t-.i ,.> -, ,~:u ~(:j ~o J>c: r:Y ,:--:srn .K-. :~ ::;;! 0 :~:J W .-< ~,. -"""", , , "~ . . .. , -" 11 .~~~...,o,' 11. Cyrus Greenberg and Louise Greenberg, His Wife : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v Jeffrey Sedlack : NO. 01-7228 CNIL TERM ORDER OF COURT AND NOW, February 23, 2004, by agreement of counsel, the above captioned case is hereby continued from the March 15, 2004 trial term. Counsel is directed to relist the case when ready. By the Court, .;Richard H. Wix, Esquire For the Plaintiff > 02.-~!5-0lf VMichael Badowski, Esquire For the Defendant Court Administrator ld ....' ...' <0',.1>:] _ ",~,' -"-.j<" -BK.~~~~iti/, . 4 - Hoffer CYRUS GREENBURG and LOUISE GREENBURG, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V NO. 01-7228 CIVIL TERM JEFFREY SEDLACK, M.D., Defendants JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, April 14, 2004. In this medical malpractice claim, Richard H. Wix, Esquire, represents the plaintiff, and Michael Badowski, Esquire, represents the defendant. Plaintiff proceeds on two theories: One, no informed consent and, two, negligence in the performance of the medical procedure. Doctor Sedlack performed laparoscopic surgery to repair a hernia or hernias and plaintiff claims that, during the procedure, Doctor nicked the blood vessel. Plaintiff claims he was faulty in repairing that injury. Plaintiff was discharged and later the same evening was discovered to be bleeding internally and also suffered a heart attack in connection with this bleeding. Plaintiff's claim is for pain and suffering as well as additional medical expenses, in the amount of at least an additional $10,000.00 in expenses. Plaintiff and defendant estimate the case can be tried in two and a half to three days, and each side has four -' ..-t , .. 7228 Civil Term 2001 In Re: Pretrial Conference Page 2 ~ ~." '....... 'h_ '" ,,~~u ]'-~' "'-'=fi!ljIIWi~~~+..~,;( challenges. Both sides intend to bring their experts in the courtroom live, and the Court cautions counsel that the Court cannot tolerate any delay in getting these experts into court. Mr. Badowski requests the Court to do its best to start the case on Wednesday so as to give his expert more leeway in appearing, hopefully on Thursday. Richard H. Wi~, Esquire 4705 Duke Street Harrisburg, Pa. 17109-3099 For the Plaintiffs Michael Badowski, Esquire 3510 Trindle Road Camp Hill, Pa. 17011 For the Defendant Court Administr~or Prothonotary V :mtf By the Court, -M.- t;~~~~lMtlf~",*a;l;!ici;;,~r.~ll~~~jtJ;"M;~tlbt'~"',hl~-~h;'ic'-'!f'^:'":__i' ~"'"Oi;,,,o''''J,.;(,,,,,'',,,..~,v'''l~<ll;t.H!illi'J@ii;l\c\'''"ihill,*,jj,,,,~[i,1:'&,l&'IlII.~""f.Il_lJ:U:; "~,",,~.-<~, ~< """H~~YC~"_' ~","_"~" ~,< V1NV^1A$NN3d I "''''~'''' h' IV'1U-'l"l'AII'V'\ t'\JJ'tf iU,,) ...,P>I\' "..J='OVU 1\.1 Z~ :ZI Wd €Z HdV ~OOZ Ab'V10N0H.lOW ;3Hl. :lO 30l::l:lO-Q3llj l= "~J+__"" '..'" _""_'__,,,,,~ ,",~__",.~""""" ,,,",, ~,__" _ ,,_ ,,~ j t ~~ , ,"_, , '.~ ,,~"'o ~,_1== ,_.0" "-... < " ~> ""~, III'! ~ ~ ~I ~- ..... ;:." . " . CYRUS GREENBERG and LOUISE GREENBERG, His wife : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY SEDLACK, M.D. : NO. 2001 - 7228 CIVIL VERDICT QUESTION 1: Did Dr. Sedlack fail to obtain Mr. Greenberg's informed consent prior to performing surgery on November 20, 2000? YES 0 NO /2. IF YOU ANSWER QUESTION #1 "YES," PROCEED TO QUESTION #2. IF YOUR ANSWER TO QUESTION #1 IS "NO", SKIP #2 AND PROCEED TO QUESTION #3. QUESTION 2: Was Dr. Sedlack's failure to obtain informed consent a substantial factor in Mr. Greenberg's decision to undergo the laparoscopic hernia repair procedure? YES NO IF YOU ANSWER QUESTION # 2 "YES," PROCEED TO QUESTION #5. IF YOU ANSWER Q-qESTION #2 "NO," PROCEED TO QUESTION #3. QUESTION 3: Do you find that Dr. Sedlack )Vas negligent? YES o NO 1'2.. IF YOU ANSWER QUESTION #3 "YES," PROCEED TO QUESTION #4. IF YOU ANSWER QUESTION #3 ''NO,'' PLAINTIFFS CANNOT RECOVER. THE FOREMAN SHOULD SIGN AND DATE THE VERDICT SLIP AND YOU SHOULD RETURN TO THE COURTROOM. "M" ','.', <~,. -''''-'~~'''~ I" .' "-,. ~,~ ~f;,;1 . '- .""" . > QUESTION 4: Was the negligence of Dr. Sedlack a factual cause in bringing about Plaintiff Cyrus Greenberg's hann? YES NO IF YOU ANSWER QUESTION #4 "YES," PROCEED TO QUESTION #5. IF YOU ANSWER QUESTION #4 "NO," PLAINTIFFS CANNOT RECOVER. THE FOREMAN SHOULD SIGN AND DATE THE VERDICT SLIP AND YOU SHOULD RETURN TO THE COURTROOM. OUESTION 5: State the total amount of damages, if any, sustained by Plaintiffs. PLAINTIFF CYRUS GREENBERG $ PLAINTIFF LOUISE GREENBERG (Loss of Consortium) $ DATE: MAY '1 ,2004 ~~ ~ ~-= " ........-. 1~~"",~""'""",,,~,Ji'-""."",,_~i'i;gp-~~f.1i CASE NO.: <{ CYf'lJ~ (H",,,k<~ Lou;", G..(........\,.~VS DOCKET NO.: OI-1;;1.n rl:A1 COURTROOM NO.: 60- Jafr~y SeJlac.k. /11. (A DATE: )' ,<-0'1 ;z O{},ys /It.wI{cQI_tl1d-r(o',~''' ~ luro~ ~ Name Random No. fTIMIIltii"f(:h_1\;'';,~''-'. ~I ~, '_G:'m',r,-",,~~iI;l~'j!; . ""_~'-l/lllII!lIm.!li!:[lRJII!l:iI!_I'l!I,!!IIi!I!II$i_~'i'--'j.kl 37 CUDDEFORD, JOHN -2039071204 " 28 BURKETT, SARAH A -1710919253 3 34 BUTTERWORTH, CLAREN U: -1186395714 4 22 RAMSEY, LISA E. -964554123 i 11 3~l'~15I5h, Ui\.Lt'. t'. PI -869242904 6 12 SIEGL, NICHOLAS "" -844490499 ~ L ...... L.I.J..:oLL, LJ.....,(I..1...J.'1,U -829267793 8 6 TRAN, NHIEM Q -758378271 9 21 ETTER, LINDA K ,4.1- -749193020 .;.;~ L ~ ~........ ~1, ........ .U.~.J. '-'-'- .l .L,U,I.,- -'-'-. -709731182 II !ltl- BOYD, HURSHAL E -644476179 ]2 18 HOFFMAN, BETSY L PLf -329401639 13- QQ F~'\RIlELL, J05cl-n i...... -291356246 14 7 LEWELLEN, KEVIN W. -129426034 15 19 GUALTIERI, MARC C. p?- -73871834 ..jr, . PY<R.lGI (ffiLB~u) lVllNU' -39534496 17 14 FECKO, JUNE E 127513210 I(] RO M . ilIt ~~~"" .Ay 544996305 19 3 SONG, YONGYI f:> 637920098 J(J Ie I-aJTZ, RO~JhLD 685636467 2] 1 HAHN, DONALD JR A3 1083590277 .. III -::"',~,~'''' '"" "'"''''" - 1255447824, . - - 23 42 CAndtL, SEAN P 1376012003 24 ,,8 lvllLL:5, c. FEr JI ur~ e.~ 1199~El6Z8 25 4 KING, JANET 1741882427 26 36 SHOEMAKER, HOLLY L. 1779919463 27 9 SILVA, KAmY 1927792119 2S 17 EVANS, MARK 2091812152 Monday, May 03, 2004 Page 1 ofl l ) , l MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mhadowski@margolisedelstein.com Attorney for Defendant: . JEFFREY' SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, IN THE COURT OF CO~fON PLEAS CUMBERLAND COUNTY; PENNA. CML ACTION - LAW VS. NO. 7228 CIVIL TERM 20bl JEFFREY SEDLACK, M.D., and Defendants. JURY TRIAL DEMANDED_ ,. - " .' ~1Nfi:'" ...."". 1~;iii:~~~~~'-~'~::T~)U~~;_;~f&~~T ().~_ _' TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter judgment on the Jury's Verdict which was rendered in favor of the Defendant and against Plaintiffs in the above-referenced matter on May 7, 2004. Dated: ~/;I!cV By: -. , . ~,;"':~:'::='.:; ......__~, ~"~" rl _. . =-,,- '-"'~-'""'" .-:CEIttW~.dE SEKYICt::._ I HEREBY CERTIFY that I served a true and correct copy ofthe foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ICftttday of;?l'~ 2004, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Haifisburg, PA 17109-3099 (Attorney for Plaintiffs) MARGOUS EDELSTEIN - By: c;7Ov~v'jJ em, (idtf/1tW- Secret n' ,. 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