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HomeMy WebLinkAbout99-05992'r? ?? -? ..Z`1 1`' J ?L.._.' DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS, Plaintiffs V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D. F.A.C.S., P.C., Defendant #S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5992 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 20th day of August, 2003, before Edgar B. Bayley, Judge, present for the plaintiffs was Daniel Jeck, Esquire, and for the defendant, Andrew H. Briggs, Esquire. This is a medical negligence case in which Dimitrios Dimitrakopoulos maintains that Dr. Geadah negligently performed endoscopic sinus surgery on him on February 26, 1997. The surgery resulted in a hole in the roof of his left ethmoid cavity resulting in a protrusion of brain matter and spinal fluid through this hole. Surgery was performed in August 1997 to repair the damage. Defendants deny liability. There is an issue as to what portion of the approximate $17,000.00 in medical bills is recoverable if defendants are found liable. Counsel will endeavor to resolve this issue. If they are unable to do so, they should provide a succinct brief to the trial judge at the commencement of trial. Estimated time of trial, two to two and a half days. By -he Court Edgar B. Bay ey, J. Daniel Jeck, Esquire \ For Plaintiffs Andrew H. Briggs, Esquire For Defendant prs ` .,: ? .- ;, ?, '?? -_ •-- ,. `; ? ,. CJ EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 AUG 15 2003 ? ATTORNEY FOR: Plaintiffs 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C NO. 99-5992 RULE 2124 PRE-TRIAL MEMORANDUM 1. STATEMENT OF THE CASE This is a medical malpractice action arising from the negligent performance of an endoscopic procedure by Defendant, Fouad Geadah, M.D. ("Defendant"), upon Plaintiff, Dimitrios Dimitrakopoulos ("Plaintiff') on February 26, 1997, at the Holy Spirit Hospital in Camp Hill, PA. During the surgery, Defendant negligently and carelessly created a defect or a hole in the roof of Plaintiffs left ethmoid cavity, resulting in a protrusion of brain matter (encephalocele) and spinal fluid through this hole. As a result of the perforation, Plaintiff developed a persistent leakage of spinal fluid necessitating further surgery and a six day hospitalization at the Hospital of the University of Pennsylvania in August, 1997. Plaintiff was caused to suffer extreme pain, discomfort and headaches as a result of the spinal fluid leak. Additionally, Plaintiff was/is at an increased risk for meningitis. Prior to meeting Defendant, Plaintiff, 34 years old, complained of difficulty breathing through his nose. This had been a problem for several years with worsening symptoms. A CAT scan of his sinuses revealed "pansinusitis and intranasal polyposis." After meeting with an Ears, Nose and Throat Specialist, Plaintiff and his wife, Plaintiff, Athena Dimitrakopoulos, sought out a second opinion with the Defendant. Defendant recommended endoscopic sinus surgery in order to excise the nasal polyps. Defendant has admitted that, at all times, the instruments introduced into the nasal cavity with the endoscope should not be in the orbits or towards the anterior cranial fossa. The polyp removal was scheduled as a same day procedure. However, following the removal, due to persistent heavy bleeding and discomfort, Plaintiff remained overnight and was discharged on February 27, 1997. Post-operatively, Plaintiff followed with Defendant in his office in March and in early April. During this time period, Plaintiff experienced headaches and drainage of clear fluid from the left side of his nose, only. Defendant prescribed Flonase, but the nose continued to run. In addition to headaches, Plaintiff developed stiffness of his neck. Eventually, he was referred to John Fomadley, M.D., a Head and Neck surgeon at the Hershey Medical Center. A CAT scan of the sinuses taken on July 18, 1997, revealed "a large defect in the left side of the cribriform plate measuring 1.2 centimeters in diameter ... there was inferior herniation of the dura, most likely containing both brain and CSF ... this defect was not present on the patient's prior sinus CT scan." A true and correct copy of the CAT Scan report dated July 18, 1997, is attached hereto as Exhibit "A." As a result of these findings, Plaintiff was referred to David Kennedy, M.D., at the University of Pennsylvania for surgical consultation. Dr. Kennedy performed follow-up studies which confirmed a defect or hole in the roof of the ethmoid cavity with a herniation of brain. On August 12, 1997, Dr. Kennedy performed an endoscopic surgical closure of the left ethmoid cerebral spinal fluid leak with a graft, revision sphenoethmoidectomy, revision medial meatal -2- iJ enterostomy and revision front sinusotomy. Plaintiff remained hospitalized for six days and out of work for over three months. According to Plaintiff's expert Surgeon and Otolaryngologist, John R. Bogdasarian, M.D., Defendant deviated from the standard of care by using his cutting instruments during the sinus surgery too high in the roof of the nose (base of the skull) so as to create a defect or hole and allow penetration of brain matter as well as cerebral spinal fluid placing Plaintiff at a risk for meningitis. A true and correct copy of the expert report and C.V. of John R. Bogdasarian, M.D., is attached hereto as Exhibit "B." As a result, additional treatment and surgery was required with limitations being placed upon Plaintiff with respect to certain activities that he routinely engaged in including, but not limited to, his work and weight lifting/body building. See Exhibit "B." Additionally, Dr. Bogdasarian has criticized Defendant's failure to investigate complaints of persistent rhinorrhea or drainage following the sinus surgery which should have prompted immediate consideration of the spinal fluid leak and lessened his risk of exposure with respect to meningitis. See Exhibit "B" The medical bills associated with the six day hospitalization and subsequent testing and surgery accepted as payment are approximately $17,000.00. Plaintiff, a short order cook, was earning approximately $300.00 per week and was out of work for a little over three months. His wage loss is $3,600.00. Most significantly, Plaintiff had been an amateur body builder and competitor while in Greece. Although he had not entered into any competitions while in the United States, it was his desire to do so either here or in Greece on the amateur level. His strict work out ' The medical bills were paid by Plaintiff's Blue Cross/Blue Shield health insurance. Defendant's liability carrier, PIE, is in liquidation. The Pennsylvania Property and Guaranty Association is statutory liable for up to $300,000.00 less a set off for medical bills accepted for payment. -3- regimen prior to his sinus surgery consisted of a six hour work-out, six times a week. Following Defendant's surgery and subsequent corrective procedure, Plaintiff was required to abandon his work-out routine entirely. Over the course of six months to one year following the corrective surgery, Plaintiff slowly began exercising, once again. While he has resumed his exercise, he has not approached his pre-surgery form as his physicians have directed him to avoid excessive heavy lifting as it would increase the chance of a recurrence of a spinal fluid leak. Now, Plaintiff exercises, on occasion, a few times a week for an hour at a time. He does not do any heavy lifting for fear of further injury. His dream of competing, once again, or, simply, achieving a level near where he once was has dissipated. A claim will be made on behalf of Plaintiff, Athena Dimitrakopoulos, for loss of consortium during the time period she attended and cared for her husband in 1997 and 1998. 11. WITNESSES Dimitrios Dimitrakopoulos 224 Boas Street Harrisburg, PA 17102 Athena Dimitrakopoulos 224 Boas Street Harrisburg, PA 17102 John R. Bogdasarian, M.D., FACS 33 Electric Avenue Fitchburg, MA 01420 Fouad Geadah, M.D. (Defendant) Corporate Designee for Fouad Geadah, M.D., FACS, P.C. John Fornadley, M.D., FACS Hershey Medical Center Hershey, PA -4- David Kennedy, M.D., FACS Hospital of the University of Pennsylvania Philadelphia, PA Edward F. Sickel, M.D. Uptown Professional Building Suite 120, 2645 North Third Street Harrisburg, PA 17110 Records Custodian(s): John Fomadley, M.D., David Kennedy, M.D., Hospital of the University of Pennsylvania, Edward F. Sickle, M.D. Plaintiffs reserve the right to call any/all witnesses listed by Defendants at the time of trial. Plaintiffs reserve the right to supplement this witness list within a reasonable time of trial. 1H. EXHIBITS 1. Medical records, Fouad Geadah, M.D.; 2. Medical records, John Fomadley, M.D.; 3. Medical records, David Kennedy, M.D.; 4. Medical records, Spirit Hospital, 2/26/97-2/27/97; 5. Medical records, Edward F. Sickel, M.D.; 6. Medical records, Hospital of the University of Pennsylvania, 8/12/97-8/18/97; 7. Medical bills, Hospital of the University of Pennsylvania, 8/12/97-8/18/97; 8. Medical bills, David Kennedy, M.D.; 9. Medical bills, John Fomadley, M.D.; 10. Pre-Operative CAT scan films; 11. Post-Operative CAT scan films; 12. MRI Films; 13. Anatomical drawings and diagrams of the head, sinuses and neck; 14. Deposition, Fouad Geadah, M.D. 15. Expert report and C.V., John R. Bogdasarian, M.D.; 16. W-2 Tax Statements, Dimitrios Dimitrakopoulos, 1993 through 1996; 17. Defendants' pleadings; 18. 19. Correspondence dated October 18, 1997, from Fouad A. Geadah, M.D. to Susan 20. Defendants' responses to Plaintiff Request for Production of Documents; Flanagan. Correspondence dated April 17, 1998, from Fouad A. Geadah, M.D. to Steven Perrone. Plaintiffs reserve the right to use any/all exhibits listed by Defendants at the time of trial. Plaintiffs reserve the right to supplement this exhibit list within a reasonable time of trial. -5- IV. SETTLEMENT NEGOTIATION In the fall, 2002, counsel for Plaintiff made a demand of $125,000.00 for settlement before commencement of trial. This demand will be withdrawn once trial commences. No offers have been made to date. V. LEGAL ISSUES Plaintiffs anticipate on filing a Motion in Limine with respect to the use of steroids as part of the past medical history of Plaintiff as such use has not been identified by any experts who is going to testify at trial as having any relations to the issues of negligence or causation in this case. VI. ANTICIPATED TRIAL LENGTH Two-three days. Presently, counsel for Plaintiff has their one liability and damages expert, John R. Bogdasarian, M.D., from Massachusetts scheduled to arrive for testimony during the trial week on Thursday, September 11. Counsel for Plaintiffs respectfully requests that trial commence, if at all possible on September 10 or 11 so that Dr. Bogdasarian can testify live. If such arrangements cannot be made, counsel will offer Dr. Bogdasarian's testimony via videotape. Respectfully submitted, WMWEILER, SCHLEIFER, & WINKLER, P.C. Esquire Plaintiff -6- College of Medicine University Hospital • Children's Hospital 00815372 The Milton S. Hershey Medical Center 314A-071897 DIMITRAKOPOULOS,DIMITRI Radiology Services 21-Mar-62 P.O. Box 850 CAT Hershey, Pennsylvania 17033 Date of Exam: 18-Jul-97 JOHN FORNADLEY MD OTORINOLARYNGOLOGY HMC, Exam: CT SINUSES MAXIFAC ENH-ADULT SINUS CT SCAN CLINICAL•HISTORY: Patient with CFH rhinorrhea status post endoscopic surgery. Please evaluate for defects in the skull base. PROCEDURE: Contiguous 2 mm coronal images through the sinuses were obtained. The images were printed in both bone and brain windows. DISCUSSION:. Comparison is made to the patient's prior sinus CT scan performed at Polyclinic Medical Center on 05/22/96. The images demonstrate a large defect in the left side of the cribriform plate measuring 1.2 cm in diameter. This defect is centered at the level of the infundibulum of the left osteal meatal unit. There is inferior herniation of the dura most likely containing both brain and CSF. There is a small (approximately 2-3 mm) bony fragment seen just superior to the defect. This defect was not present on the patient's prior sinus CT scan. There is post surgical change seen in the left turbinates and the medial walls of both maxillary sinuses. There are large mucus retention cysts in the left maxillary sinus associated with mucosal thickning. There is mild mucosal thickening in the right maxillary sinus. There is mild fluid throughout the residual ahterior ethmoidal air cells. Post surgical change is seen r•j involving the posterior ethmoidal air cells. The sphenoid sinus is clear. The frontal sinus is also clear. There is occlusion of both nasofrontal ducts duct to the fluid/mucosal thickening. IMPRESSION: 1. Post surgical defect is seen in the left cribriform plate with inferior herniation of the dura and intracranial contents. 2. A small bony fragment is seen just cephalad to the bony defect. 3. Significant sinus disease in the left maxillary sinus and to a lesser degree of the right maxillary and bilateral anterior (continued) Page 1 PLAINTIFF'S y EXHIBIT An Equal Opportunity University _ College of Medicine W7 University Hospital • Children's Hospital The Milton S. Hershey Medical Center Radiology Services P.O. Box 850 Hershey. Pennsylvania 17033 Date. of Exam: 18-Jul-97 00815372 314A-071897 DIMITRAKOPOULOS,DIMITRI 21-Mar-62 CAT IMPRESSION: (continued - CT SINUSES MAXIFAC ENH-ADULT) ethmoidal sinuses. 4. Occlusion of both nasofrontal ducts. Reviewed & Signed: SCOTT W. WISE, M.D. SWW/7gh - Page 2 DICTATED: 18-Jul-97 TRANSCRIBED: 21-Jul-97 SIGNED: 21-Jul-97 An Equal Opportunity University CENTRAL MASSACHUSETTS OTOLARYNGOLOGY ASSOCIATES: JOHN R. BOGDASARIAN, M.D., F.A.C.S. DANIEL H. ERVIN, D,O. JAMES P. HUGHES, M.D. December 18, 1998 33 Electric Avenue David H. Rosenberg, Esquire Fitchburg, MA 01420 Handler and Wiener (978) 342.1200 Attorneys at Law 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 RE: DIMITRIOS DIMITRAKOPOULOS AUDIOLOGISTS: SUE DUMAS, CCC/A JANE EHNSTROM, CCCIA ANNE MANNEY, CCC/A Dear Mr. Rosenberg: 190 Grolor. Road I have had opportunity to review records forwarded Ayer. MA 01432 to me by you on October 26, 1998 regarding care (978) 772.4113 rendered to your client, Mr. Dimitrios Dimitrakopoulos. These include the medical records of Dr. Orlandi, the medical records of Dr. Fornadley, the medical records of Dr. Kennedy, the medical records of Holy Spirit Hospital where initial sinus surgery was performed by Dr. Geadah, the medical records of the University of Pennsylvania where Dr. Kennedy performed subsequent corrective surgery, and a Heywood Clinic letter from Mr. and Mrs. Dimitrakopoulos. 242 Green Street From review of these records, it is apparent that Gardner, 0 Mr. Dimitrios Dimitrako oulos, then 34 years old, (978)s30-6457 •ea57 complained of difficulty breathing from his nose for several years with worsening symptoms during 1996. He had complained of bilateral cheek pains and pressure, and yellow-green postnasal drainage. A CT scan of the sinuses taken at Harrisburg Hospital revealed"pansinusitis and intranasal polyposis." After negative allergy testing, Dr. Geadah recommended endoscopic sinus surgery to Mr. Dimitrakopoulos. In Athol Clinic his admission note of 2/26/97 at Holy Spirit Hospital 2033 Main Street in Camp Hill, Pennsylvania, Dr. Geadah notes that Athol. MA 01331 "risks and alternatives to surgery were explained in r; (978) 249-3511 x292 great detail and in layman's terms." He noted that "the possibility of death from anesthesia, death from the surgery, blindness,. cerebral spinal fluid leak, and infection was explained to the patient and his wife. Physical exam revealed "the septum is deviated to the left and there is profuse intranasal polyposis and sinusitis." ; PLAINTIFF'S: IT OTOLOGY • HEAD AND NECK MEDICINE AND SURGERY • FACIAL COSM page 2 Dimitrios Dimitrakopoulos, cont. On 2/26/97, Mr. Dimitrakopoulos underwent bilateral endoscopic ethmoidectomy and meatotomy, bilateral excision of polyps from the maxillary sinuses, bilateral intranasal polypectomy, bilateral sphenoidotomy, and bilateral frontal sinus exploration. During the procedure, which utilized the "Hummer, as well as various endoscopic instruments," Dr. Geadah states that he "made sure at all times that we did not get into the orbits or the anterior cranial fossa. Any time we had any polyps close to the orbit, we made sure that they sank in saline." The pathology report from the sinus surgery revealed inflammatory nasal polyps, chronically inflamed perinasal sinus mucosa, in part polypoid, and lamellar bone. Because of some persistent bleeding and significant discomfort, Mr. Dimitrakopoulos was kept overnight following his surgery, and was discharged on 2/27/97. Mr. Dimitrakopoulos was seen in Dr. Geadah's office on 3/3/97, 3/10/97, and on 4/1/97. During this period, Mr. Dimitrakopoulos experienced drainage from the left side of his nose. Flonase was prescribed, but a notation in Dr. Geadah's chart, dated 4/17/97, describes a call from the patient's wife, Athena, in which she reports that the patient's nose was running despite that therapy. On 4/30/97, the patient again called Dr. Geadah's office complaining of a runny nose, hoarseness, and a cough productive of green sputum. On 7/15/97, Mr. Dimitrakopoulos was seen by Dr. Geadah, still complaining of a runny nose. Nasopharyngoscopy was performed and Dr. Geadah's note states that no CSF leak was visualized. Mr. Dimitrakopoulos then came under the care of Dr. John Fornadley, Associate Professor of Surgery at The Hershey Medical Center at Penn State. A CT scan of the sinuses was obtained on 7/18/97, which revealed a "large defect in the left side of the cribriform plate measuring 1.2 cm in diameter. This defect is centered at the level of the infundibulum of the left osteomeatal unit. There is inferior herniation of the dura, most likely containing both brain and CSF. There is a small (approximately 2-3 mm) bony fragment seen just superior to the defect. This defect was not present on the patient's prior sinus CT scan." Mild fluid throughout the residual anterior ethmoid air cells and occlusion of both nasal frontal ducts due to the fluid/mucosal thickening were also noted. Mr. Dimitrakopouloswas then referred to Dr. David Kennedy at The University of Pennsylvania. At an August 1, 1997 initial visit, Dr. Kennedy noted that Mr. Dimitrakopoulos had developed clear rhinorrhea from the left side of his nose two weeks following his surgery of 2/26/97 by Dr. Geadah. Dr. Kennedy noted that "follow up imaging studies revealed a defect within the roof of the ethmoid cavity with a herniation of the frontal lobe into the superior portion of the ethmoid cavity. This patient reports that the page 3 Dimitrios Dimitrakopoulos, cont. rhinorrhea increases with straining or bending, and only occurs on the left side of the nose." Physical examination revealed that clear fluid was dripping from Mr. Dimitrakopoulos' nose as the patient sat for his examination. Dr. Kennedy's review of the CT scan of 7/18/97 revealed "persistent mucoperiosteal thickening within the ethmoid sinuses and persistent ethmoid cells on the right side... there is mucoperiosteal thickening within the floor of the frontal sinus, as well as within the sphenoid sinus. on the right side... the maxillary sinus is nearly filled with soft tissue density. There are some retained ethmoid cells against the lamellar papyracea superiorly and there is a large defect in the roof of the ethmoid cavity. This measures approximately 16 mm in anterior to posterior dimension and is approximately 8 mm from medial to lateral in its largest portion. It extends nearly along the entire roof of the posterior ethmoid and a portion of the anterior ethmoid sinus cavity. Additionally, there is mucoperiosteal thickening within the left frontal and sphenoid sinuses." An MRI from 7/10/97 was also reviewed. "This demonstrated herniation of brain tissue through the defect in the ethmoid roof, as well as bright signal intensity within the left maxillary and ethmoid sinuses consistent with fluid or tissue edema." An impression of "nasal polyposis and CSF leak from anterior cranial fossa defect with meningoencephalocele was made. on 8/12/97, Dr. Kennedy performed endoscopic closure of a left ethmoid cerebral spinal fluid leak with a septal graft, bilateral endoscopic revision complete sphenoethmoidectomy, bilateral endoscopic revision middle meatal enterostomy, and right endoscopic revision frontal sinusotomy. Findings at the time of surgery revealed "an unusually low skull base on the right side which sloped from far laterally sloping inferiorly as it went medially. This was also noted on the CT scan preoperatively. Also noted intraoperatively was an encephalocele in the left ethmoid cavity consistent with that seen on the CT scan. It was adherent to the middle turbinate along the turbinate's lateral and anterior face. The encephalocele had a mucosal covering and there was a small pin point dural dehiscence from which the fluorescein stained cerebral spinal fluid could bew seen leaking." Mr. Dimitrakopoulos underwent successful repair of the cerebral spinal fluid leak, and no recurrent cerebral spinal fluid drainage has been noted. It is my opinion, to a reasonable degree of medical certainty, ?s that the surgery performed by Dr. Geadah on Mr. Dimitrakopoulos on 2/26/97 was the direct cause of the cerebral spinal fluid leak suffered by Mr. Dimitrakopoulos. It is further my opinion that Mr. Dimitrakopoulos did not in any way contribute to the development of this leak. page 4 Dimitrios Dimitrakopoulos, cont. During the performance of the sinus surgery of 2/26/97, Dr. Geadah created a defect in the roof of the left ethmoid cavity (fovea ethmoidalis) with his sinus instruments. This allowed protrusion of dura through that defect (encephalocele). Furthermore, Dr. Geadah penetrated the dura of Mr. Dimitrakopoulos in the region of this encephalocele, creating a leakage of cerebral spinal fluid. This resulted in persistent left sided nasal drainage of cerebral spinal fluid, the appearance of which was first noted by Mr. Dimitrakopoulos approximately two weeks following his surgery. This delayed drainage is not at all unusual, as time may be required for blood clots and fibrinous material in the region to resorb, allowing the leak to occur. It is my opinion, to a reasonable degree of medical certainty, that Dr. Geadah was negligent in the performance of Mr. Dimitrakopoulos' sinus surgery. He utilized cutting instruments too high in the roof of the nose and at the base of the skull, thus allowing penetration of the anterior cranial cavity and dural covering of the brain. This resulted in Mr. Dimitrakopoulos' subsequent cerebral spinal fluid leak, and placed him at risk for meningitis. The injury further necessitated additional treatments and surgery by subsequent otolaryngologists. The injury has furthermore resulted in limiting Mr. Dimitrakopoulos' activities, such as weight lifting, for the remainder of his life, to avoid excessive strain and recurrence of his cerebral spinal fluid leak. Dr. Geadah also acted below the standard expected of otolaryngologists in similar situations by failing to investigate Mr. Dimitrakopoulos' complaints of unilateral persistent rhinorrhea following his sinus surgery. In a situation of one sided nasal drainage following sinus surgery, a cerebral spinal fluid leak must be considered and investigated. Failure to provide this investigation exposed Mr. Dimitrakopoulos to a prolonged risk of harm from meningitis, and prolonged left sided nasal drainage. Had Mr. Dimitrakopoulos' complaints been investigated when they were first mentioned, Mr. Dimitrakopoulos would have been spared months of left sided nasal drainage and risk to his health. I hope that this information is of help to you. Please contact me if I may provide further assistance. Very truly yours, John R.\Bogdasarian, M.?) JRB/kc CENTRAL MASSACHUSETTS OTOLARYNGOLOGY ASSOCIATES: JOHN R. BOGDASARIAN, M.D., F.A.C.S. DANIEL H. ERVIN, D.O. JAMES P. HUGHES, M.D. CURRICULUM VITAE AUDIOLOGISTS: JANE EHNSTROM, CCC/A ANNE MANNEY, CCC/A 33 Electric Avenue Fitchburg, MA 01420 Tel: (978) 342.1200 NAME: John Robert Bogdasarian, M.D., Fax: (978) 345.8014 F.A.C.S. DATE OF BIRTII: 8/24/44 BIRTHPLACE: New York City, New York CURRENT ADDRESS: 100 Flat Rock Road 190 Groton Road Fitchburg, MA 01420 Ayer, MA 01432 Tel: (b78) 772.4113 BUSINESS ADDRESSES: 33 Electric Avenue Fax: (978) 772.2135 Fitchburg, MA 01420 (978) 342-1200 FAX-(978) 345-8014 190 Groton Road Ayer, MA 01432 (978) 772-4113 Heywood Clinic 242 Green Street FATHER: Robert Michael Bogdasarian, M.D. Gardner, MA 01440 (deceased 11110/93) Tel: (978) 630-6457 Fax: (978) 630-6150 MOTHER: Carol Cecile Spahr Bogdasarian SIBLINGS: Ronald Spahr Bogdasarian, M.D. F.A.C.S. Michael Allan Bogdasarian, M.D. F.A.C.S. Barbara Bogdasarian Haydon Athol Clinic 2033 Main Street MARITAL STATUS: Married Athol, MA 01331 Tel: (978) 249.3511 x292 Sophia Despina Xenelis Bogdasarian Fax: (978) 249-4825 9/15/79 OTOLOGY v HEAD AND NECK MEDICINE AND SURGERY • FACIAL COSMETIC AND TRAUMA SURGERY John Robert Bogdasarian, M.D., F.A.C.S. CURRICULUM VITAE - Page 2 CHILDREN: Robert Michael Bogdasarian (3/21/83) Alexander John Bogdasarian (10/1/84) Ronald Nicholas Bogdasarian (10/5/86) Michael Andrew Bogdasarian (6/1188) OCCUP.9T/ON: Otolaryngologist - Head and Neck Surgeon Montachusett Head and Neck Surgery - 1978-1985 Central Massachusetts Ololaryngology - 1985-present EDUCATION: ,? High School: The Loomis School, Windsor, CT (1962) College: Harvard College, Cambridge, MA (1966 - B.A.) Medical School: Columbia College of Physicians and Surgeons (1970 - M.D.) MILITARY: Massachusetts Army National Guard, completed March, 1977 - honorable discharge MEDICAL TRAINING: Internship: University Hospital, Boston, MA (Surgery) - 1970-1971 Residency: University Hospital, Boston, MA (Surgery) - 1971-1975 University Hospital, Boston, MA (Otolaryngology - Head And Neck Surgery) - 1975-1978 HONORS: - Who's Who In The East 1990-present - Physicians Recognition Award (AMA) 1980-present - Cum laude graduation - Harvard College 1966 - Cum laude with distinction -The Loomis School 1962 - American Field Service Scholarship to Denmark 1961 - Yale Club Of Hartford Book Award 1962 John Robert Bogdasorian, M.D., F.A.C.S. CURRICULUM VITAE - page 3 - Certificate of Appreciation, American Cancer Society 1981 - Certificate of Appreciation, Burbank Hospital Speech And Hearing Department 1985 - Distinguished Physicians Of America 1989 - Who's Who in America 1990-present - People's Choice Award, Burbank Hospital 1992 - American Board Of Surgery 1976 - American Board Of Otolaryngology - Head and Neck Surgery 1978 SOCIETIES AND MEMBERSLUPS. - American Medical Association - Massachusetts Medical Society - Worcester North District Medical Society - American Academy of Otolaryngology - liead and Neck Surgery - New England Otolaryngologic Society - Past President - Montachusett Division, American Cancer Society - Armenian-American Medical Society - Member, Harvard Club of Boston - Member, Harvard Cldb of Worcester - Member, Harvard Speaker's Club - Member, The Fay Club, Fitchburg, MA - Member, Harvard Hasty Pudding Society - Member, Oak Hill Country Club, Fitchburg, MA - American College of Surgeons - Central Massachusetts Striders - North Medford Track Club - Pan American Association of Otolaryngology - Member, Columbia University Club of New England - Member, New York Road Runners Club - Board Of Directors, Massachusetts Society of Otolaryngology John Robert Bogdasarian, M.D., F.A.C.S. CURRICULUM VITAE - Page 4 HOSPITAL STAFFAPPOINTSIENT,S: Active staff, Burbank Hospital, Fitchburg, MA (President ofMedical/Dental Staff- 1986-1988) Active Staff, Leominster Hospital, Leominster, MA Active Staff, Deaconess/Nashoba Hospital, Ayer, MA Courtesy Staff, Heywood Memorial Hospital, Gardner, MA Courtesy Staff, Clinton Hospital, Clinton, MA Courtesy Staff, Athol Memorial Hospital, Athol, MA Attending Staff, Boston Veterans Administration Hospital, Jamaica Plain, Boston, MA Clinical Associate Professor, Department of Otolaryngology, University of MaAachusetts and Boston University Medical Schools COMMUNITYSERVICE: Development Committee, Applewild School - 1988 American Field Service Volunteer - 1990 Chairman, Professional Division, Development Committee, Applewild School -1988-1993 Board of Trustees, Applewild School -1992-1997 Marketing Committee, Applewild School, 1993 Board Of Directors, Massachusetts Society of Otolaryngology Bogdasarian, et. al., "A Sliding Chest Wall Flap For The Management Of Advanced Laryngeal Carcinoma" - Presented at the annual meeting of The American Society For Head And Neck Surgery, Los Angeles, CA, April 4, 1979, and published in Larvnaoscooe. April, 1981. POST & SCHELL, P.C. BY: ANDREW H. BRIGGS I.D. #:53072 DUANE S. BARRICK I.D. #:77400 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 DIMITRIOS DIMITRAKOPOULOS, and wife, ATHENA DIMITRAKOPOULOS, V. Plaintiffs, ATTORNEYS FOR DEI FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO: ?W_ S 1999 59q_ FOUAD GEADAH, M.D., and FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANTS 1. STATEMENT OF FACTS AS TO LIABILITY This is a medical malpractice case wherein Plaintiffs are claiming that Defendant, Fouad Geadah, M.D. negligently performed a sinus surgery on Dimitrios Dimitrakopoulos, on February 26, 1997, causing a dura dehiscence on the roof of the left ethmoid which required surgical repair by Dr. Kennedy on August 12, 1997. Mr. Dimitrakopoulos, a 34 year old individual working as a cook in a restaurant in Harrisburg, became a patient of the Dr. Geadah in January, 1997. He was noted to have difficulty breathing through his nose with progression of symptoms over the course of several years while in Greece and the United States. After an appropriate work-up, including CAT Scan and allergy testing, Dr. Geadah recommended that Mr. Dimitrakopoulos undergo endoscopic sinus surgery. On February 26, 1997, Dr. Geadah performed sinus surgery involving both ethmoids, sphenoids, maxillaries in front of sinuses. The patient's post-operative course was uncomplicated. He was noted to have some nasal drainage on April 22, 1997. Additionally, the patient's wife called on April 30,1997 to report that her husband had a runny nose, hoarseness, productive coughs and yellow-green sputum. Dr. Geadah prescribed antibiotics. The patient did not return until July 15, 1997, complaining of runny nose. Dr. Geadah ordered a CAT scan and referred the patient to Dr. Fomadley based on his suspicion of a cerebral spinal fluid leak. On August 12, 1997, the patient underwent uneventful repair of the spinal fluid leak by Dr. Kennedy at the Hospital of the University of Pennsylvania. Dr. Kennedy noted unusually low skull base on the right side which sloped from far laterally sloping inferiorly as it went medially, and a pin point dural dehiscence with a 1.7 centimeter defect on the left anterior cranial fossa was noted. The dural herniation was treated by bipolar shrinkage of the dura, addressed with a septa] bone graft and additional mucosal grafts. The defect was closed uneventfully. Plaintiffs claim that Dr. Geadah negligently performed the procedure of February 26, 1997, causing a defect in the dura. They also claim a delay in the diagnosis of the condition post- operatively. Finally, they contend that the deviations resulted in the repair surgery. It is the Defendants' position that the surgery was competently performed by Dr. Geadah in accordance with the standards of care applicable to otolaryngologists, and that likewise there was no violation of the standard with respect to the post-operative contacts. In fact, the defect and CSF leak are known complications and risks of the procedure that occur in the absence of -2- negligence. Further, the alleged delay in diagnosis had no impact on the alleged damages. Once there was a leak, the patient required surgery and he suffered no complications from the leak. II. STATEMENT OF FACTS AS TO DAMAGES Despite appropriate discovery requests, Plaintiffs have yet to produce any records from subsequent treaters concerning medical treatment beyond the repair surgery of Dr. Kennedy, nor medical opinions concerning the necessity of medical treatment, as an alleged consequence of the alleged negligence, besides Dr. Kennedy's surgery. Plaintiffs have alleged $16,404.37 in medicals in this case. However, $15,990.85 was paid by insurance. Plaintiffs have alleged loss wages, yet have failed to produce tax or employment records despite appropriate requests. III. STATEMENT AS TO ISSUES OF LIABILITY AND DAMAGES 1. Whether Dr. Geadah violated the standard of care during his operation on Mr. Dimitrakopoulos on February 26, 1997? 2. Whether the alleged negligence on February 26, 1997 caused damages to Plaintiff? 3. Whether Dr. Geadah violated the standard of care during the post- operative visits Mr. Dimitrakopoulos had with Dr. Geadah? 4. Whether the alleged negligence during the post-operative period caused any damages to Plaintiff? IV. LEGAL ISSUES REGARDING ADMISSIBILITY OF TESTIMONY, EXHIBITS OR ANY OTHER MATTER Defendant intends to file a Motion in Limine to preclude the admissibility of statements prepared by Dr. Geadah in preparation for litigation. -3- V. IDENTITY OF WITNESSES TO BE CALLED 1) Fouad Geadah, M.D. Defendant 2) Joseph P. Atkins, M.D. Pennsylvania Hospital 800 Spruce Street Philadelphia, PA 19107-6192 Defense Expert 19? In 3) Defendant reserves the right to call the following witnesses if it is determined prior to or during trial that their testimony will be necessary for the defense. At this juncture, it is the opinion of counsel that it is unlikely that they will need to be called: (a) Custodians of medical records concerning Dimitrios Dimitrakopoulos; (b) Emerson Knight, Jr., M.D.; (c) Edward F. Sickel, M.D.; (d) Joseph P. Cardinale, D.O.; (e) David Kennedy, M.D.; (1) John Fomadley, M.D. 4) Defendant reserves the right to call witnesses identified by Plaintiffs in their Pre- Trial Memorandum. VI. EXHIBIT LIST 1) Medical records of Fouad Geadah, M.D.; 2) Medical records of Holy Spirit Hospital; 3) Medical records of Emerson Knight, Jr., M.D.; 4) Medical records of Polyclinic Medical Center; 5) Medical records of Hershey Medical Center; 6) Medical records of Edward F. Sickel, M.D.; 7) Medical records of Joseph P. Cardinale, D.O.; 8) Medical records of David Kennedy, M.D.; -4- 9) Medical records of John Fornadley, M.D.; 10) Medical records of Hospital of the University of Pennsylvania; 11) Deposition transcript of Athena Dimitrakopoulos; 12) Deposition transcript of Dimitrios Dimitrakopoulos; 13) Plaintiffs' expert report of John R. Bogdasarian, M.D.; 14) Report of January 16, 2003 by Joseph P. Atkins, M.D., defense expert (attached hereto as Exhibit "A"); 15) Curriculum Vitae of Joseph P. Atkins, M.D., defense expert (attached hereto as Exhibit `B"); 16) Complaint; 17) Requests for Production of Documents, and responses by Plaintiffs; 18) Interrogatories and responses by Plaintiffs; 19) Milner-Fonwick, Inc. videotape "Sinusitis and Sinus Surgery" provided to Plaintiffs by Dr. Geadah; 20) Various radiology films and studies taken of the Plaintiff Dimitrios Dimitrakopoulos; 21) Medical journals, text, and articles; 22) Anatomical drawings and models; 23) Medical instruments used in connection with the procedure performed by Dr. Geadah; Defendant reserves the right to use any exhibits listed by the Plaintiffs in their Pre-Trial Memorandum. -5- • VII. STATUS OF SETTLEMENT NEGOTIATIONS There currently is a demand of $125,000.00 to settle this case. Plaintiffs' counsel had previously proposed a binding high/low arbitration of $150,000.00 high/$75,000.00 low. The Defendants have not made an offer nor have they agreed to the high/low proposal. Respectfully submitted, POST & SCHELL, P.C. A qi?54 czn A REW H. BRIG , DIRE Attorney I.D. # 53072 Attorneys for Defendant Fouad Geadah, M.D. Date: August 14, 2003 -6- venom Exhibk A Penns lvania ?I L F -'t'° t y Hospital The Notion s Flrn ao pUal • Foundrd 1751 u6VMq a P?rt..m. umm sp= Department of Otorhinolaryngology: Joseph P. Atkins, M.D., FACS licad and Neck Surgery James J. Kearney, M.D. Joel H. Blumin, M.D. Andrew Briggs, Esquire Post & Schell, P.C. Attorneys At Law 240 Grandview Avenue Camp Hill, PA 17011 January 16, 2003 Re: Dinritrakapolous v. Geadah, M.D. Dear Mr. Briggs: Per your letter of November 11, 2002,1 received the following records: 1. Complaint; 2. Medical records of Fouad A. Geadah, M.D.; 3. Medical records of Holy Spirit Hospital; 4. Medical records of Emerson Knight, Jr., M.D. 5. Medical records of Polyclinic Medical Center; 6. Medical records of Hershey Medical Center; 7. Medical records of Edward F. Sickel, M.D.; 8. Medical records of Joseph P. Cardinale, D.O.; 9. Medical records of David Kennedy, M.D.; 10. Medical records of John Fornadley, M.D.; 11. Deposition Transcript of Athena Dimitrakopoulous; 12. Deposition Transcript of Dimitrios Dimitrakopoulous; 13. Deposition Transcript of Fouad Geadah, M.D.; 14. Plaintiffs Expert report of John R. Bogdasarian, M.D. 800 Spruce Street • Philadelphia, Pennsylvania 19107-6192 • 215.829.5180 Andrew Briggs, Esquim Re: Dindtrakapofous v. Geadah, M.D. January 16, 2003 Page 2 of 3 I will not go into detail over the complete chronology of events, but will try to stay to the salient points in this case. Mr. Dimitrakopoulous was a 34-year old non-English speaking Greek gentleman who worked as a cook in a restaurant in Harrisburg. He did not have previous surgery. He was known to have difficulty breathing through his nose with progression of symptoms over the course of several years while in Greece and in the United States. He became a patient of Dr. Geadah in January of 1997. After appropriate work-up including CAT scan, allergy testing, and so forth it was appropriately recommended that he undergo endoscopic sinus surgery. On February 26, 1997 Dr. Geadah performed extensive sinus surgery involving both ethmoids, sphenoids, maxillaries, and frontal sinuses. His post-operative course was uncomplicated early on, and according to the records, and agreed to by the expert witness, Dr. John R. Bogdasarian. Dr. Kennedy's records suggest that approximately two weeks after the surgery he began to develop left-sided leakage. The first note of unilaterality to the drainage was on the note of April 22, 1997. A phone conversation on April 30`s from the patient's wife suggested that the patient continues to have a runny nose, hoarseness, a productive cough, and yellow-green sputum. Antibiotics were prescribed at that time. He was then not seen until July which suggested that he had left-sided runny nose that was clear. Dr. Geadah made an immediate referral to Dr. Fomadley and Dr. Kennedy, as a CSF leak was suspected. The patient underwent uneventful repair of the spinal fluid leak by Dr. Kennedy on August 12, 1997. At the time it was noted that the patient had an unusually low skull base on the right side which sloped far laterally inferiorly as it went medially. In addition, he had a pinpoint dural dehiscence with a 1.7 cm bony defect in the left anterior cranial fossa. There was some herniation of dura. The dural herniation was treated by bipolar shrinkage of the dura, dressed with a septal bone graft, and additional mucosa grafts. The defect was closed uneventfully. The patient has no significant deficit i.e., he does not complain of anosmia, or any other significant complaints beyond those of a patient with massive bilateral polyposis post- operatively. The patient has a weightlifting history. It was recommended by Dr. Kennedy that he not return to that activity in order to prevent additional herniation. It is my opinion, to a reasonable degree of medical certainty, that the surgery performed by Dr. Geadah on Mr. Dimitrakopoulous was appropriate and necessary. It is my further opinion that the patient had a thin, low lying, anterior ethmoid roof bilaterally. At the surgery a defect was created in the roof of the left ethmoid. It is a known complication of endoscopic sinus surgery and can occur in up to 2% of patients. This was explained to the patient, and the patient is not claiming that he did not know of that as a risk, i.e. he is making no informed consent claim. It is further my opinion, with a reasonable degree of medical certainty, that a cerebrospinal fluid leak can occur in the absence of malpractice. It is further my opinion, to a reasonable degree of medical certainty, that Dr. Geadah provided appropriate post-operative medical care and debridement of the patient's sinuses. As soon as the history became clear that this was unilateral clear rhinorrhea on July 16, 1997, Dr. Exhibit B Home Address: Office Address: Date of Birth: Social Security Number: Place of Birth: Marital Status: Wife: Children: JOSEPH P. ATKINS, M.D. CURRICULUM VITAE 1718 Weedon Road Wayne, PA 19087 Pennsylvania Hospital 800 Spruce Street Philadelphia, PA 19107 May 1, 1940 194-30-9833 Red Lion, PA Married Maureen Mahony Joseph P., III Timothy Caleb Mary Elizabeth Kathleen Ann Education: St. Joseph's University Philadelphia, PA 1958-59 Mount St. Mary's College Emmitsburg, MD 1959-62 B.S. University of Pennsylvania School of Medicine Philadelphia, PA 1962-66 M.D. Posteraduate Trainine and Fellowship Appointments: 1966-67 Intern in surgery, Pennsylvania Hospital 1967-72 Residency in Otolaryngology, The Johns Hopkins Hospital Joseph P. Atkins, M.D. Curriculum Vitae 1967-68 Otolaryngology 1968-69 General Surgery 1969-71 Otolaryngology 1971-72 Chief Residency Military Service: 1972-74 United States Navy, LCDR MC USNR, National Naval Medical Center Licensure• 1967 Maryland 1974 Pennsylvania-MD# 015152-E Certification: 1972 American Board of Otolaryngology Faculty Appointments: 1967-72 Instructor in Laryngology and Otology, The Johns Hopkins University School of Medicine 1972-74 Consultant, National Institute for Allergy and Infectious Diseases Consultant, National Cancer Institute Bethesda, MD 1974-80 Assistant Professor of Otorhinolaryngology and Human Communication, University of Pennsylvania School of Medicine, Philadelphia, PA 1980-88 Assistant Clinical Professor of Otorhinolaryngology/ Head knd Neck Surgery, University of Pennsylvania School of Medicine, Philadelphia, PA 1988- Associate Clinical Professor of Otorhinolaryngology/ Head and Neck Surgery, University of Pennsylvania School of Medicine, Philadelphia, PA 2 Joseph P. Atkins, M.D. Curriculum Vitae 1991- Attending Staff, Wills Eye Hospital, Philadelphia, PA 1991-2000 Clinical Associate Professor, Department of Otolaryngology-Head & Neck Surgery Medical College of Thomas Jefferson University Hospital, Philadelphia, PA Hospital and Administrative Appointments: 1972-74 Assistant Chief, Department of Otolaryngology U.S. Naval Hospital, National Naval Medical Center Bethesda, MD 1972-74 Consultant, National Institute for Allergy and Infectious Diseases, Bethesda, MD 1972-74 Staff, Emergency Department Montgomery General Hospital, Olney, MD 1974- Attending Staff, Hospital of the University of Pennsylvania, Philadelphia, PA Children's Hospital of Philadelphia, Philadelphia, PA 1974- Chief, Section of Otorhinolaryngology - Head and Neck Surgery, Pennsylvania Hospital, Philadelphia, PA 1974-76 Attending Staff, Veteran's Administration Hospital Philadelphia, PA 1974- Operating Room Committee - Pennsylvania Hospital 1978- Consultant, Veterans Administration Hospital Joseph P. Atkins, M.D. 4 Curriculum Vitae 1980-1996 Patient Care Committee Chairman, 1994-96 Search Committee - Anesthesia 1990 - Neurology 1997-Surgery 1998 1988- Consultant Reviewer, Neoplasia of Head and Neck (Cancergram) National Cancer Institute, Bethesda, MD 1991-2000 Active Staff Otolaryngology - Head & Neck Surgery Thomas Jefferson University Hospital Awards, Honors and Membership in Honorarv Societies: 1961 Monsignor Tierney Honor Society Mount Mary's College, Emmitsburg, MD 1962 Cum Laude Graduate, Mount St. Mars College, Emmitsburg, MD 1962 Seton Prize, Highest Award for Biology Major, Mount Saint Mary's College, Emmitsburg, MD 1979 Top Doctors Philadelphia Magazine (Also 1984,1989,1994, 1999) 1980 to Present Who's Who in the East 1983 Honor Award, American Academy of Otolaryngology -Head and Neck Surgery 1985 Judge Award, Pennsylvania Junior Academy of Science 1985 to Who's Who in Americana; Present Joseph P. Atkins, M.D. Curriculum Vitae 1987 Award for Service, Board of Directors American Cancer Society, Philadelphia Division 1989 to Who's Who in the World Present 1990 American Cancer Society Certificate of Recognition and Appreciation - Distinguished Lecturer Program Professional Education 1994 American Cancer Society, Philadelphia Division, Hylda Cohn/Kain Moses Humanitarian of the Year Award 1999 Teaching Award Dept. of Otorhinolaryngology-Head & Neck Surgery University of PENN School of Medicine 1999 Jacob Ehrenzeller Award - Pennsylvania Hospital University of PA Health System 2002 American Academy of Otolaryngology- Head and Neck Surgery Distinguished Service Award, San Diego, CA Memberships in Professional and Scientific Societies: 1964-65 John B. Deaver Surgical Society of the University of Pennsylvania School of Medicine Member, President 1965-66 John B. Deaver Surgical Society of the University of Pennsylvania School of Medicine Member, Treasury 1970-72 The Johns Hopkins Hospital House Staff Society, Representative For Otolaryngology, Member 1970-72 The Johns Hopkins Hospital Turtle Joseph P. Atkins, M.D. 6 Curriculum Vitae Derby Committee 1972- Johns Hopkins Medical and Surgical Association, Member 1974- American Medical Association, Member Pennsylvania Medical Society, Member Philadelphia County Medical Society, Member 1972 College of Physicians of Philadelphia, Fellow 1976 American College of Surgeons, Fellow 1986 American College of Surgeons Metropolitan Phila. Chapter, Member 1973 American Academy of Otolaryngology-Head & Neck Surgery, Fellow 1972-1976 Task Force on Preparation of New Materials, Member 1989-1996 Committee for Head and Neck Surgery and Oncology, Member 1991-1997 Board ofGovemoes, Member 1992-1997 Committee on Relative Values, Member 1996-2003 Laser Surgery Committee, Member 2001-2004 Laser Surgery Committee, Chairman 1996-2002 Plastic and Reconstructive Surgery, Member 1973- American Academy of Facial Plastic and Reconstructive Surgery, Fellow Joseph P. Atkins, M.D. 7 Curriculum Vitae 1974 to Present 1974 1978-1999 1976-1999 1996 1974 1985 1990-1991 1QQ7_lon, 977- 1977- 1974- 1974- 1999 - 1999- Association for Research in Association Otorhinolaryngology, Charter Member American Rhinologic Society, Member American Society for Head & Neck Surgery, Fellow Society of Head & Neck Surgeons, Fellow American Head & Neck Society, Fellow Philadelphia Laryngological Society, Member Philadelphia Laryngological Society, Officer Philadelphia Laryngological Society, Vice President Philadelphia Laryngological Society, President Philadelphia Society of Facial Plastic and Reconstructive Surgery, Fellow Section on Otolaryngology, College of Physicians of Philadelphia, Member Section on Otolaryngology, College of Physicians of Philadelphia, Officer 2001-2002 Section on Otolaryngology, College of Physicians of Philadelphia, President 1974-1980 Pennsylvania Academy of Ophthalmology and Otolaryngology, Member 1980- Pennsylvania Academy of Otolaryngology, Member 1983- American Bronchoesophagological Joseph P. Atkins, M.D. Curriculum Vitae Community Activities: 8 Association, Fellow 1984- International Bronchoesophagologic Society, Fellow 1993 American Association for Bronchology 1993 World Association for Bronchology 1972- Pan American Association of Otolaryngology - Head and Neck Surgery, Member 1976-1983 Parent's Board, St. Aloysius Academy, Member 1979-1981 Parent's Board, St. Aloysius Academy, Chairman 1979-1983 Advisory Board, St. Aloysius Academy, Member 1979 Service and Rehabilitation Committee, American Cancer Society, Philadelphia Division, Member 1987 Service and Rehabilitation Committee, American Cancer Society, Philadelphia Division, Chairman 1983 Finance Committee, American Cancer Society, Philadelphia Division, Member 1982 Medical and Scientific Committee, American Cancer Society, Philadelphia Division, Member 1990-1991 Medical and Scientific Committee, American Cancer Society, Philadelphia Division, Chairman Joseph P. Atkins, M.D. Curriculum Vitae Clubs and Organizations: 1982 Board of Directors, American Cancer Society, Philadelphia Division, Member 1989 Executive Committee, American Cancer Society, Philadelphia Division, Member 1990-1991 Vice President, American Cancer Society, Philadelphia Division 1991 President, American Cancer Society, Philadelphia Division 1987-1993 Board of Trustees, Academy of Notre Dame De Namur, Villanova, PA, Member 1976-1978 Devon-Strafford Little League, Assistant Coach 1995 Member, Museum Associates Philadelphia Museum of Art Musetun of Natural History Member, St. Issac Jogues of Valley Forge President Thomas Bond Society, Pennsylvania Hospital Member, Aronimink Golf Club Publications: Member, Wildwood Golf and Country Club Atkins, J.P., Jr.,; Atkins, J.P.: Congenital Malformations of the Esophagus. In Ferguson, C.F., editor: Pediatric Otolaryngology, Vol. II, Philadelphia, 1972, W.B. Saunders Company. Atkins, J.P., Jr.; Atkins, J.P.: Perforations and Trauma of the Esophagus. In Bockus, H.L. et al, editor: Gastroenterology, Vol. II, Philadelphia, 1974, W.B. Saunders Company. Atkins, J.P., Jr.; Atkins, J.P.: Esophagology. In Maloney, W.B., editor: Otolaryngology, Hagerstown, MD, 1974, Hoeber. Joseph P. Atkins, M.D. Curriculum Vitae 10 Atkins, J.P., Jr.; Atkins, J.P.: Bronchology and Esophagoscopy. In Ballenger, J.J., editor: Diseases of the Nose, Throat and Ear, Philadelphia, 1974, Lea and Febiger. Atkins, J.P., Jr.; Keane, Wm. M.; Fassett, R.L.: Naso-labial Tunnel Flap Reconstruction of the Anterior Floor of Mouth, Trans. of PA Acad. of Ophthal. and Otolaryn. 30:170- 172,1978. Atkins, J.P., Jr.; Keane, Wm. M.: Esophagology. In Maloney, W.B., editor: Otolaryngology, Vol. III, Hagerstown, MD, 1979, Hoeber. Atkins, J.P., Jr.; Keane, Wm. M.: Repair of the Floor of Mouth with Local Flaps. In Snow, J.B., Jr., M.D., editor: Controversy in Otolaryngology, Philadelphia, 1980, W.B. Saunders Company. Young, K.A., Ph.D.; Keane, Wm. M.; Atkins, J.P., Jr.; Rowe, L.D.: The Role of the Voice Science Center in the Otorhinolaryngology Practice, Transactions of the PA Academy of Ophthalmology & Otolaryngology 35(2): 141-144, Fall 1982. Keane, Wm. M.; Atkins, J.P., Jr.: Embryology and Anatomy.ln Ferguson, C.F., editor: Pediatric Otolaryngology, Vol. II, Philadelphia, 1982, W.B. Saunders Company. Atkins, J.P., Jr.; Keane, Wm. M.: Embryology and Anatomy of the Neck. In Bluestone, C.; Stool, S.T., editors: Pediatric Otolaryngology, Philadelphia, 1983, W.B. Saunders Co. Young, K.A.; Keane, Wm. M.; Atkins, J.P., Jr.; Rowe, L.D.: Nonsurgical Oral Rehabilitation in the Laryngectomized Patient. Transactions of the Pennsylvania Academy of Ophthalmology and Otolaryngology 36:200-203,1983. Rowe, L.D.; Fantozzi, R.; Zawadzki, M.B.; Keane, Wm. M.; Atkins, J.P., Jr.: Advanced Computed Tomography in Complex Maxillofacial Trauma. The Fourth International Symposium on Facial Plastic & Reconstructive Surgery of the Head and Neck. Keane, Wm. M.; Zaren, H.; Atkins, J.P., Jr.; Young, CV.; Lonergan, M.; Glassbum, J.; Varano, J.; Hayward, R.B.; Lemer, H.; Rowe, L.D.: A Combination Mulfr-Drug Modality Treatment of Advanced Head & Neck Cancer. The Fourth International Symposium on Facial Plastic & Reconstructive Surgery of the Head & Neck. (abstract) Keane, Wm. M.; Atkins, J.P., Jr.: Nasolabial Flap Reconstruction of the Anterior Floor of Mouth. The Fourth International Symposium on Facial Plastic & Reconstructive Surgery of the Head & Neck. (abstract) Joseph P. Atkins, M.D. Curriculum Vitae Keane, Wm. M.; Atkins, J.P., Jr.: Reconstruction of the Anterior Floor of Mouth. The Fourth International Symposium on Reconstructive Surgery of the Head and Neck. (abstract) Keane, Wm. M.; Atkins, J.P., Jr.: Carbon Dioxide Laser Surgery of the Upper Airway, Surgical Clinics of North America 64(5): 955-971, Octobcr 1984. Atkins, J.P., Jr.; Keane, Wm. M.; Rowe, L.D.; Young, K.A.: Foreign Bodies in the Esophagus, Esophageal Perforations and Trauma. In Bockus, H.C., et al, editor: Gastroenterology, Vol. 11, Philadelphia, 1985, W.B. Saunders Co. 11 Keane, Wm. M.; Levine, S.B.; Rowe, L.D.; Atkins, J.P.k Jr.: Diagnosis and Treatment of Twenty-Three Frontal Sinus Fractures, Transactions of Pennsylvania Academy of Ophthalmology and Otolaryngology: 2422-2427, Winter, 1985. Keane, Wm. M.; Atkins, J.P. Jr.: CA Floor of Mouth. In Gates, G.A., M.D., editor: Current Therapy in Otolaryngology Head & Neck Surgery, 193-195, 1987, B.C. Decker, Inc. Levine, S.B.; Rowe, L.D.; Keane, Wm. M.; Atkins, J.P., Jr.: Diagnosis and Treatment of Twenty-Three Frontal Sinus Fractures. Transactions of the Pennsylvania Academy of Ophthalmology & Otolaryngology, 1987. Luft, J.D.; Keane, Wm. M.; Atkins, J.P., Jr.: The Management of the Patient with Squamous Cell Carcinoma Attached to the Carotid Artery. Transactions of The Pennsylvania Academy of Ophthalmology and Otolaryngology 40:756-760, Dec. 1988. Atkins, J.P., Keane, Wm. M.: Anterior Floor of Mouth Surgery and Reconstruction. Mosby Year Book, Instructional Volume, 1993. Peer Review Journals: Atkins, J.P., Jr.: An Electromyographic Study of Recurrent Laryngeal Nerve Conduction and Its Clinical Applications, Laryngoscope 83:796,1972. Atkins, J.P., Jr.; Friedel, Wm.; Chambers, R.G.: Pseudosarcomas of the Pharynx and Larynx, Archives of Otolaryngology 102:286-290,1976. Atkins, J.P., Jr.; Rowe, L.D.; Jafek, B.W.: Newer Techniques in Fiberoptic Bronchoscopy, Annals of Otology, Rhinology and Laryngology 85:646, 1976. i i i Joseph P. Atkins, M.D. Curriculum Vitae 12 Atkins, J.P., Jr.; Romanezuk, B.J.; Potsic, Wm. P.: Hypersomnia with Periodic Breathing. An Acromegalic Pickwickian, Archives of Otolaryngology 86:897-903, 1978. Rowe, L.D.; Keane, Wm. M.; Jafek, B.W.; Atkins, J.P., Jr.: Transbronchial Drainage of Pulmonary Abscesses with the Flexible Fiberoptic Bronchoscope, Laryngoscope 89:122- 128, 1979. Keane, Wm. M.; Atkins, J.P., Jr.; Pearlstein, D. et al.: Factitious Parotid Tumor, Otolaryngology Head and Neck Surgery 89(3): 406408, May-June 1981. Keane, Wm. M.; Atkins, J.P., Jr.; Wetmore, R.; Vidas, M.: Epidemiology of Head and Neck Cancer, Laryngoscope 91:2037-2045, Dec. 1981. Keane, Wm. M.; Denneny, J.; Atkins, J.P., Jr.; McBrearty, F.: Acinic Cell CA of the Oral Cavity, Otolaryngology Head & Neck Surgery 90:696-699, Nov-Dec 1982. Cannon, C.R.; Johns, M.E.; Keane, Wm. M.; Atkins, J.P., Jr.; Cantrell, R.: Platysma Myocutaneous Flap Reconstructions, Archives of Otolaryngology 108:491494, August 1982. Keane, Wm. M.; Denneny, J.; Atkins, J.P., Jr.; Rowe, L.D.: Complications of Intubation, Annals of Otology, Rhinology & Laryngology 91(6): 584-587, Nov-Dec 1982. Keane, Wm. M.; Denneny, J.; Atkins, J.P., Jr.: Fiberoptic Bronchoscopy: A Review of 1,000 Cases, Ear, Nose & Throat Journal 62(10): 65-83, October 1983. Keane, Wm. M.; Deaneny, J.; Atkins, J.P., Jr.; Endotracheal Intubation: Risks and Complications. Infections in Surgery, 1984. Atkins, J.P., Jr.; Keane, Wm. M.; Rowe, L.D.; Young, K.A.: The Value of Panendoscopy in Determination of Second Primaries in Head & Neck Cancer, Archives of Otolaryngology 110(8): 533-534, August 1984. Keane, Wm. M.; Atkins, J.P., Jr.: C02 Laser Surgery of the Upper Airway, The Otolaryngologic Clinics of North America, 18(1): 149-167, February 1985. Ossoff, R.H.; Duncavage, J.P.; Glickman, J.L.; Atkins, J.P.,Jr.; Karlan, M.S.; Toohill, R.J.; Keane, Wm. M.; Norris, C.W.; Tucker, J.A.: Universal Endoscopic Coupler for Bronchoscopic C02 Laser Surgery: A Multi-Institutional Clinical Trial, Otolaryngology Head & Neck Surgery 93(6): 824-830, December 1985. Joseph P. Atkins, M.D. Curriculum Vitae 13 Levine, S.B.; Rowe, L.D.; Keane, Wm. M.; Atkins, J.P., Jr.: Evaluation and Treatment of Frontal Sinus Fractures, Otolaryngology Head and Neck Surgery 95(1): 19-22, July 1986. Roa, R.A.; Atkins, J.P., Jr.; Cunnane, M.F.; Keane, Wm. M.: Papillary Adenocarcinoma of the Larynx: A Case Report, Otolaryngology Head & Neck Surgery 99(6): 601-603, December 1988. Siegel, M.B., Keane, W.M., Atkins, J.P., Rosen, M.R.: Control of Epistaxis in Patients with Hereditary Hemorrhagic Telangiectasia. Otolaryngology - Head and Neck Surgery - Vol. 105(5), pp. 675-679, November 1991. Poje, C.P., Keane, W.M., Atkins, J.P., Jr., Pribitkin, E.: Tracheo-gastric fistula following gastric pull-up. Ear, Nose, & Throat Journal. (JC: edo 70(12): 848-50. December 1991. Hoffer, M.E., Pribitkin, E., Keane, W.M., Atkins, J.P., Jr.: Laryngeal Chondrosarcoma: Diagnosis and Management. Ear, Nose, & Throat Journal. 71(12): 659-662. December 1992. Wirtschafter, A., Schmidt, R., Rosen, D., Nandita, K., Santora, M., Fusco, A., Malhaupt, H., Atkins, J., Rosen, M., Keane, W., Rothstein, J.: Expression of the RET/PTC fusion Gene as a Marker for Papillary Carcinoma in Hashimoto's Thyroiditis. Laryngoscope 107:January 1997. Kim, S., Kearney, J., Atkins, J.: Percutaneous Laryngeal Collagen Augmentation for Treatment of Parkinsonian Hypophonia, Otolaryngology: Head and Neck Surgery, 2001. (In Press) Soo H. Kim, Kearney, J., Atkins, J.P., Jr.: Percutaneous Laryngeal Collagen Augmentation for Treatment of Parkinsonian Hypophonia, Otolaryngology - Head and Neck Surgery - Vol. 126, pp. 653-656, June 2002. Presentations: Atkins, J.P., Jr., Bordley, J.E., Alonso, W.A.: Management of Frontal Sinus Trauma. Presented to the Johns Hopkins University Medical and Surgical Association Meeting, Baltimore, Maryland, February 1971. Atkins, J.P., Jr.: The Clinical Assessment of Recurrent Laryngeal Nerve Function. Presented at the Southern Section Meeting of the Triologic Society, Washington, D.C., January 1973. Joseph P. Atkins, M.D. Curriculum Vitae Atkins, J.P., Jr.: Recurrent Laryngeal Nerve Conduction and Clinical Laryngeal Electromyography. Presented to the Johns Hopkins University Medical and Surgical Association Meeting, Baltimore, Maryland, February 24, 1973. Atkins, J.P., Jr.: Technique of Laryngeal Electromyography. Presented to the Staff' and Residents, University of Pennsylvania, Philadelphia, April 21, 1973. Atkins, J.P., Jr.: Flap Reconstruction after Major Head and Neck Surgery. Presented to the Staff and Residents, Duke University, Durham, NC, August 1, 1973. Atkins, J.P., Jr.: Scleral Grafts in Nasal Surgery. Presented to the Philadelphia Laryngological Society, Philadelphia, January 15, 1975. Atkins, J.P., Jr.: Head and Neck Cancer Early Diagnosis. Presented to the Staff of Delaware County Memorial Hospital, Upper Darby, PA, December 2, 1975. Atkins, J.P., Jr.: Management of Fractures of the Maxilla. Faculty of the Maxillofacial Trauma Course, The American Academy of Facial Plastic and Reconstructive Surgery, May 23-26, 1976. Atkins, J.P., Jr.: Newer Techniques in Fiberoptic Bronchoscopy. Presented at The Triologic Society Meeting, Palm Beach, FLA, April 28, 1976. 14 Atkins, J.P., Jr.: Newer Techniques in Fiberoptic Bronchoscopy. Presented at the Pennsylvania Academy of Ophthalmology and Otolaryngology, Bedford, PA, May 20-22, 1976. Atkins, J.P., Jr.: X-Ray Diagnosis of Maxillary Fractures.Presented to the Maxillo-Facial Trauma Course sponsored by The American Academy of Facial Plastic and Reconstructive Surgery at Hahnemann Hospital, Philadelphia, May 25, 1976. Atkins, J.P., Jr.: Management of Fractures of the Maxilla. Presented to the Faculty of the Maxillofacial Trauma Course, The American Academy of Facial Plastic and Reconstructive Surgery at Hahnemann Hospital, Philadelphia, May 23-26,1976. Atkins, J.P., Jr.: Fiberoptic Bronchoscopy. Presented at the Combined Meeting of the Sections on Otolaryngology of the College of Physicians of Philadelphia and the New York Academy of Medicine, New York, April 20, 1977. Atkins, J.P., Jr.; Romanczuk, B.; Potsic, Wm. P.: Hypersomnia with Periodic Breathing. Presented as a Scientific Poster at the American Academy of Ophthalmology and Otolaryngology, Dallas, Texas, October 1977. Joseph P. Atkins, M.D. 15 Curriculum Vitae Atkins, J.P., Jr.: The Comprehensive Head and Neck Cancer Clinic. Presented to the Staff of Rancocas Valley Hospital, Rancocas, New Jersey, November IS, 1977. Keane, Wm. M.; Atkins, J.P., Jr.: Anterior Floor of Mouth Carcinoma. Presented to the Oncology Seminar at Pennsylvania Hospital, Philadelphia, November 1977. Atkins, J.P., Jr.; Keane, Wm. M.: Early Diagnosis and Treatment of Head and Neck Cancer. Presented to the Staff of Metropolitan Hospital, Philadelphia, December 13, 1977. Atkins, J.P., Jr.; Keane, Wm. M.: Modem Treatment of Laryngeal Cancer. Presented to the Oncology Seminar at Pennsylvania Hospital, Philadelphia, January 1978. Atkins, J.P., Jr.: Modem Surgery and Reconstruction of Head and Neck Tumors. Presented to the Staff of Philadelphia College of Osteopathic Medicine, Philadelphia, January 11, 1978. Keane, Wm. M.; Atkins, J.P., Jr.: Parotid Tumors. Presented to the Oncology Seminar at Pennsylvania Hospital, Philadelphia, April 25, 1978. Atkins, J.P., Jr.: Combined Therapy in Management of Head and Neck Cancer. Presented to the Staff of Chester-Crozier Medical Center, Chester, PA, June 20,1978. Atkins, J.P., Jr.: Modem Airway Management. Presented to the Department of Medicine, Delaware County Memorial Hospital, Upper Darby, PA, October 10, 1978. Atkins, J.P., Jr.; Keane, Wm. M.: Cancer of the Oral Cavity. Presented to Surgical Grand Rounds at the Pennsylvania Hospital, Philadelphia, November 1978. Atkins, J.P., Jr.: Foreign Bodies of the Aerodigestive Tracts. Pediatric Otolaryngology Course, Children's Hospital of Philadelphia, Philadelphia, November 1978. Atkins, J.P., Jr.: Head and Neck Trauma. Pediatric Otolaryngology Course, Children's Hospital of Philadelphia, Philadelphia, November 1978. Atkins, J.P., Jr.; Keane, Wm. M.: Cancer of the Floor of the Mouth, Extirpative and Reconstructive Aspects. Two hour Instruction Course at the American Academy of Ophthalmology and Otolaryngology, Las Vegas, NV, October 1978. - Atkins, J.P., Jr.; Keane, Wm. M.: Scleral Grafts in Rhinoplasty. Presented at the combined meeting of the Triologic Society and the American Academy of Facial Plastic Joseph P. Atkins, M.D. 16 Curriculum Vitae and Reconstructive Surgery, New York, January 46,1979. Atkins, J.P., Jr.: Reconstruction of Floor of Mouth. Presented at the University of Pennsylvania School of Medicine, Philadelphia, February 8, 1979. Atkins, J.P., Jr.: Primary Vocal Rehabilitation Procedure. Presented at the Pennsylvania Academy of Ophthalmology and Otolaryngology, Bedford Springs, PA, May 19, 1979. Atkins, J.P., Jr.: Anterior Floor of Mouth Carcinoma. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, Dallas, TX, October 9-11,1979. Atkins, J.P., Jr.: Current Concepts in Head and Neck Cancer Management. Presented to the Staff of Riverview Hospital, Pennsville, NJ, December 19, 1979. Atkins, J.P., Jr.: Reconstruction of Head and Neck Cancer Patient. Presented to the Staff of Crozier-Chester Medical Center, Chester, PA, February 5, 1980. Atkins, J.P., Jr.: Diagnostic Approach to the Lump in the Neck and Current Approach to Treatment of Head and Neck Cancer. Presented to the Staff of Delaware County Memorial Hospital, Upper Darby, PA, April 22, 1980. Atkins, J.P.; Jr.: Head and Neck Cancer Surgery and Voice Reconstruction. Presented to the Staff of The Institute of The Pennsylvania Hospital, Philadelphia, May 6, 1980. Atkins, J.P., Jr.; Keane, Wm. M.: Anterior Floor of Mouth Carcinoma. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, Anaheim, CA, September 29, 1980. Atkins, J.P., Jr.; Keane, Wm. M.; Perlstein, D.A.; Gluckman, S., Faludi, G.: Autogenic Parotid Pseudotumor. Presented at the Annual Meeting of the American Academy of Otolaryngology -Head and Neck Surgery, Anaheim, CA, September 30,1980. Cannon, C.R.; Johns, M.E.; Keane, Wm. M.; Atkins, J.P., Jr.; Cantrell, R.: Platysma Myocutaneous Flap Reconstruction Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, New Orleans, LA, September 21, 1981. Atkins, J.P., Jr.; Keane, Wm. M.: Anterior Floor of Mouth Surgery. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, New Orleans, LA, September 22, 1981. 4:::. Joseph P. Atkins, M.D. 17 Curriculum Vitae Keane, Wm. M.; Atkins, J.P., Jr.; Denneny, J.: 1,000 Consecutive Fiberoptic Bronchoscopies. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, New Orleans, LA, September 23, 1981. Young, K., PhD.; Atkins, J.P., Jr.; Keane, Wm. M.: The Role of the Voice Center in the Otorhinolaryngology Practice.Presented at the Annual Meeting of the Pennsylvania Academy of Otolaryngology, Hershey, PA, May 28, 1982. Rubinstein, J.; Keane, Wm. J.; Atkins, J.P., Jr.; Rowe, L.D.; McBrearty, F.: Ectopic Gastric Mucosa, Pachyderma Laryngis and Zenkees Diverticulum in a Forty Year Old Woman. Presented at the Annual Meeting of the American Academy of Otolaryngology, Head and Neck Surgery, New Orleans, LA, October 18-21,1982. Keane, Wm. M.; Atkins, J.P. Jr.: Anterior Floor of Mouth Carcinoma. Presented to the Pan American Association Congress, San Juan, Puerto Rico, October 31 - November 7, 1982. Atkins, J.P., Jr.: Major & Minor Salivary Gland Tumors. Presented to the Surgical Staff at Crozier-Chester Medical Center, Chester, PA, December 7, 1982. Atkins, J.P.: Facial Lacerations. Presented to the Hospital Staff of Wililamsport Hospital, Williamsport, PA, March 3, 1983. Atkins, J.P., Jr.: Diagnosis and Treatment of Head and Neck Tumors. Presented to the Hospital Staff of Wiliamsport-Hospital, Williamsport, PA, March 4, 1983. Atkins, J.P., Jr.: The CO2 Laser in the Larynx and Trachea. Presented at the Philadelphia Laser Workshop at Philadelphia College of Osteopathic Medicine, Philadelphia, May 21, 1983. Atkins, J.P., Jr.: The Value of Panendoscopy in Determination of Second Primaries in Head and Neck Cancer. Presented at the 4th World Congress on Bronchoesophagology, Stockholm, Sweden, June 1983. Young, K.A., PhD; Keane, Wm. M.; Atkins, J.P., Jr.; Rowe, L.D.: Non-Surgical Vocal Rehabilitation in the Laryngectomized Patient. Presented at the Annual Meeting of the Pennsylvania Academy of Otolaryngology, Hershey, PA, May 27, 1983. Rowe, L.D.; Fantozzi, R.; Azwadzki, M.B.; Keane, Wm. M.; Atkins, J.P., Jr.: Advanced Computed Tomography in Complex Maxillofacial Trauma. Presented at the Fourth International Symposium on Facial Plastic & Reconstructive Surgery of the Head & Neck, Los Angeles, CA, May 28 - June 2, 1983. Joseph P. Atkins, M.D. Curriculum Vitae 18 Keane, Wm. M.; Zaren, H.; Atkins, J.P., Jr.; Young, C.; Lonergan, M.,; Glassbum, J,; Varano, J.; Hayward, R.B.; Lerner, H.; Rowe, L.D.: A Combination Multi-Drug Modality Treatment of Advanced Head & Neck Cancer. Presented at the Fourth International Symposium on Facial Plastic and Reconstructive Surgery of the Head & Neck, Los Angeles, CA, May 28- June 2, 1983. Keane, Wm. M.; Atkins, J.P., Jr.: Nasolabial Flap Reconstruction of the Anterior Floor of Mouth. Presented at the Fourth International Symposium on Facial Plastic and Recon- structive Surgery of the Head & Neck, Los Angeles, CA, May 28 - June 2, 1983. Keane, Wm. M.; Atkins, J.P., Jr.: Reconstruction of the Anterior Floor of Mouth. Presented at the Fourth International Symposium on Facial Plastic and Reconstructive Surgery of the Head & Neck, Los Angeles, CA, May 28 -June 2, 1983. Ossoff, R.; Karlan, M.; Keane, Wm. M.; Atkins, J.P., Jr.; et al.: The Universal Endoscopic Coupler for Bronchoscopic Carbon Dioxide Laser Surgery. A Multi- Institutional Clinical Trial. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, Anaheim, CA, October 23-27,1983. Keane, Wm. J.; Atkins, J.P., Jr.: Reconstruction of the Anterior Floor of Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, Anaheim, CA, October 23-27, 1983. Keane, Wm. M.; Atkins, J.P., Jr.: Soft Tissue Reconstruction of the Floor of Mouth. Presented at the Annual Meeting of the Pennsylvania Academy of Ophthalmology and Otolaryngology, Bedford Springs, PA, May 1984. Atkins, J.P., Jr.; Keane, Wm. M.; Rowe, L.D.: Diagnosis and Treatment of 23 Frontal Sinus Fractures. Presented at the Annual Meeting of the Pennsylvania Academy of Ophthalmology and Otolaryngology, Bedford Springs, PA, May 1984. Atkins, J.P., Jr.; Keane, Wm. M.; Rowe, L.D.: Reconstruction of the Anterior Floor of Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, Las Vegas, NV, September 14-17, 1984. Atkins, J.P., Jr.; Keane, Wm. M.: Cancer of the Anterior Floor of Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, Atlanta, Georgia, October 20, 1985. Atkins, J.P., Jr.: General Overview of Head and Neck Cancer. Presented to the Medical Joseph P. Atkins, M.D. 19 Curriculum Vitae Surgical Staff of Montgomery Hospital, Norristown, PA, December 19, 1985. Atkins, J.P., Jr.; Keane, Wm. M.: Endoscopic Sinus Surgery. Course Director, Endoscopic Sinus Surgery Workshop, Philadelphia, April 4, 1986. Atkins, I.P., Jr.; Keane, Wm. M.: Laser Applications and Clinical Use for the Upper and Lower Respiratory Tract. Course Director, Laser Surgery Workshop, Pennsylvania Hospital, Philadelphia, April 4, 1986. Atkins, J.P., Jr.: C02 Laser in Upper Airways (Philadelphia Experience). Presented at Laser Applications and Clinical Use for the Upper and Lower Respiratory Tract with "Hands-On" Supervised Workshop, Pennsylvania Hospital, Philadelphia, May 30-31, 1986. Levine, S.B.; Rowe, L.D.; Keane, Wm. M.; Atkins, J.P., Jr.: Diagnosis and Treatment of Twenty-three Frontal Sinus Fractures. Presented at the Annual Meeting of the Pennsylvania Academy of Ophthalmology and Otolaryngology, May 1986. Atkins, J.P., Jr.; Keane, Wm. M.: Anterior Floor of Mouth Cancer. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, San Antonio, TX, September 17,1986. Atkins, J.P., Jr.; Keane, Wm. M.; Rowe, L.D., Rosen, M.R.: Laser Therapy for Hereditary Hemorrhagic Telangiectasia. Presented at the Second International Laser Surgery Congress, Nashville, Tennessee, June 23, 1988. Keane, Wm. M.; Atkins, J.P., Jr.; Rosen, M.R.: Nasolabial Flap Reconstruction for Anterior Floor of Mouth Defects-.Presented at the Second International Conference on Head and Neck Cancer, Boston, MASS, July 31-August 5, 1988. Atkins, J.P., Jr.; Keane, Wm. M.: Anterior Floor of Mouth: Surgery and Reconstruction. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head & Neck Surgery, Washington, D.C., September 24-28,1988. Torsiglieri, A.; Tom, L.; Keane, Wm. M.; Atkins, J.P., Jr.: Otolaryngic Manifestations During Pregnancy. Presented at the Annual Meeting of the American Academy of Otolaryngology-Head & Neck Surgery, Washington, D.C., September 24-28,1988. Atkins, J.P., Jr.; Keane, Wm. M.: Laser Applications and Clinical Use For The Upper and Lower Respiratory Tract with "Hands-On" Supervised Workshop, Pennsylvania Hospital, Philadelphia, March 10-11, 1988. Joseph P. Atkins, M.D. Curriculum Vitae Atkins, J.P., Jr.; Keane, Wm. M.: Anterior Floor of Mouth Cancer: Surgery and Reconstruction. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head & Neck Surgery, New Orleans, LA, September 25, 1989. Atkins, J.P., Jr: Current Management of Head and Neck Malignancy. Roxborough Memorial Hospital, Roxborough, PA, October 18, 1989. Atkins, J.P., Jr.: Cancer of the Head and Neck. Presented at the Ambulatory Medicine Lecture Series, Philadelphia College of Osteopathic Medicine, Philadelphia, November 15,1989. 20 Atkins, J.P., Jr.: Treatment of Upper Airway Pathology (Philadelphia Experience). Laser Applications & Clinical Use For The Upper and Lower Respiratory Tract Workshop With "Hands On" Supervised Workshop, Pennsylvania Hospital, Philadelphia, March 23-24,1990. Atkins, J.P., Jr.: Head & Neck Trauma Perspectives for the 1990's. Presented to the American College of Surgeons, Metropolitan Philadelphia Chapter, College of Physicians, Philadelphia, March 24, 1990. Siegel, M., Atkins, J.P., Jr., Keane, Wm. M., Rosen, M.R.: Control of Epistaxis in Patients with Hereditary Hemorrhagic Telangiectasia. The Annual Meeting of the American Academy of Otolaryngology-Head and Neck Surgery. New Orleans, LA Sept. 11,1990. Hoffer, M.E.; Pribitkin, E.; Keane, Wm. M.; Rowe, L.D.;, Atkins, J.P., Jr.: Laryngeal Chondrosarcoma: Diagnosis & Management. Presented at the Eastern Section of the Triologic Society, Philadelphia, February 1-2, 1991. Bacon, C.K.; Atkins, J.P., Jr.; Keane, Wm. M.; Rosen, M.R.: The Surgical Management of Long Term Complications of Tracheoesophageal Puncture for Voice Rehabilitation. Presented at the Annual Meeting of the American Academy of Otolaryngology-Head and Neck Surgery, Kansas City, Missouri, September 22-26,1991. Atkins, J.P., Jr.; Keane, Wm. K.: Anterior Floor of Mouth: Surgery and Reconstruction. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, September 22-26, 1991. Keane, Wm. M.; Atkins, J.P., Jr.; Hoffer, M.: Mediastinoscopy. Presented at the Annual Meeting of the American Academy of Otolaryngology - Head and Neck Surgery, September 22-26,1991. Joseph P. Atkins, M.D. Curriculum Vitae 21 Atkins, J.P.: Thyroid Cancer Update 1992. Presented to the Medical Staff of Roxborough Memorial Hospital, Philadelphia, PA, March 25, 1992. Atkins, J.P.: Common Sinus Problems. Presented to the general public for Pennsylvania Hospital's Personal Health Seminar Series on April 7, 1992. Atkins, J.P.: Developments in Minimally Invasive Surgery. Presented at the Annual Meeting of The American College of Surgeons Scientific Session and Business Meeting. Presented to the members of The American College of Surgeons at The Hospital of the University of Pennsylvania, Philadelphia, Pennsylvania, May 16, 1992. Atkins, J.P.: Headaches, An Otolaryngic Persrective. Presented through the Section on Ophthalmology at Pennsylvania Hospital Continuing Education Program. Presented to the staff of Pennsylvania Hospital, Philadelphia, Pennsylvania, May 20, 1992. Atkins, J.P., Keane, Wm.M., Stof nan, G.: Cancer of the Floor of the Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology Head and Neck Surgery, Washington, D.C., September 14, 1992. Atkins, J.P., Mechanisms of Voice and Sound Production. Presented to Florence Gerggren's Opera Students, in Philadelphia, PA, on March 20, 1993. Atkins, J.P.: Common Sinus Problems. Presented to the general public in Pennsylvania Hospital's Personal Health Seminar Series on April 13, 1993. Atkins, J.P.: Lasers in Otolaryngology. Presented to eht Surgical Staff, Department of Otorhinolaryngology, Hospital of the University of Pennsylvania, Philadelphia, PA, April 28, 1993. Atkins, J.P.: Nasal Valve Reconstruction. Presented to the Staff Otorhinolaryngology at the University of Pennsylvania, Philadelphia, PA September 22, 1993. Atkins, J.P.: Keane, Wm. M., Stofman, G.: Anterior Floor of Mouth Surgery and Reconstruction. Presented at the Annual Meeting of Otolaryngology - Head and Neck Surgery. Minneapolis, MN, October 5, 1993. Atkins, J.P.: An Overview of Sinonasal Surgery. Presented to the Radiology Staff of the Pennsylvania Hospital, Philadelphia, PA, November 5, 1993. Atkins, J.P.: Fundamentals of Rhinoplasty. Presented to the Staff of Otorhinolaryngology - Head and Neck Surgery at the Univerity of Pennsylvania's Continued Medical Joseph P. Atkins, M.D. Curriculum Vitae Education Clinical Series, Philadelphia, PA, December 1, 1993. Atkins, J.P., Willcox, T.O., Simeone, F., Keane, Wm.M., Rosen, M.R.,: Current Management of Vertigo. Presented at the First Annual Thomas Bond Symposium, Pennsylvania Hospital, Philadelphia, PA, May 6, 1994. Atkins, J.P.: Surgical Anatomy of Facial Nerves for Parotidectomy. Presented to the Staff of Otolaryngology, Head and Neck Surgery, Jefferson Medical College, Thomas Jefferson University, Philadelphia, PA, May 11, 1994. 22 Atkins, J.P., Keane, Wm. M., Stofman, G.: Surgery and Reconstruction for Carcinoma of the Floor of Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology/Head and Neck Surgery, San Diego, CA, September 21, 1994. Atkins, J.P., Amsberry, J.: Head and neck Neoplasms initially diagnosed as Temporomandibular Joint Dysfunction. Presented at Grand Rounds for Department of Otolaryngology, Thomas Jefferson University Hospital, Wednesday, May 5, 1995. Atkins, J.P., Milewski, F.: Current Management of Cerebral Spinal Fluid Rhinorrhea. Presented at the Annual Meeting Pennsylvania Association of Otolaryngology at Tofirees, June 1995. Moses,RL., Paige,T.,Cavalli,G.,Broker,B.,Malhotra R.,Shrager,At Atkins, J.P., Keane, Wm. M., Stofman, G.: Surgery and Reconstruction for Carcinoma of the Floor of Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology/Head and Neck Surgery, San Diego, CA, September 18,1995. . Atkins, JP., Keane, WM., Roth, M., Moses, R.: Revision Endoscopic Sinus Surgery presented to the staff of the Department of Otolaryngology, Head and Neck Surgery Grand Rounds, Thomas Jefferson University Hospital, March 20, 1996. Schmidt, R., Atkins, JP., Keane, WM., Rosen, MR., Rothstein, JL.,: Chromosomal Translocations/Inversions in Thyroid Cancer, presented at the Annual Themas Bond Society Meeting, July 7,1996. Atkins, J P., Keane, WM„ Reider, G.: Surgery and Reconstruction for Carcinoma of the Floor of Mouth. Presented at the Annual Meeting of the American Academy of Otolaryngology/Head and Neck Surgery, Washington, DC, September 29 to October 3, 1996. Joseph P. Atkins, M.D. Curriculum Vitae 23 Atkins, JP., Keane, WM., Roth, M., Moses, M.: Revision Endoscopic Sinus Surgery. Presented at the Annual Meeting of the American Academy of Otolaryngology/Head and Neck Surgery, Washington, DC, September 29 to October 3, 1996. Atkins, JP., Puzzi, J.: Recurrent Respiratory Pappillomatosis. Presented to the staff of Thomas Jefferson University Hospital, Department of Otolaryngology Grand Rounds, Wednesday November 20, 1996. Atkins, JP, Keane, WM, Roth, M, Moses, R: Frontal Sinusitis: Diagnosis, Management and Treatment. Presented to the staff of Thomas Jefferson University Hospital, Department of Otolaryngology Grand Rounds, Wednesday, January 8, 1997. Atkins, JP: Image Guided Surgery. Presented to the staff of Pennsylvania Hosptial, Department of Radiology Grand Rounds, February 14, 1997. Atkins, JP: Video Assisted Surgery: Presented to the public in the Personal Health Seminars Series through Pennsylvania Hospital, May 6, 1997. Atkins, J., Keane, W., Reiter, D.: Treatment - Anterior Floor of Mouth Carcinoma, Presented at American Academy Otolaryngology - Head and Neck Surgery Annual Meeting, San Francisco, CA, September 7, 1997. Atkins, J: Broncho Esophagoscopy - A Clinical and Historical Perspective, Presented to the Staff and Residents of the Department of Otolaryngology Head and Neck Surgery, University of Pennsylvania Medical Center Grand Rounds, December 18, 1997. Atkins, J., Keane, Wm., Reiter, D.: Treatment Anterior Floor of Mouth Carcinoma, Presented at the Annual Meeting of the American Academy of Otoloaryngolgy Head and Neck Surgery, September 13, 1998, San Antonio, Texas Moses, R., Atkins, J., Keane, Wm.: Image-Guided Endoscopic Sinus Surgery, Presented at the Annual Meeting of the American Academy of Otolaryngology Head and Neck Surgery, September 14, 1998, San Antonio, Texas Atkins, J., Kearney, J.: An Approach to Vocal Disorders in Parkinsons's Disease, Presented at the Annual Pennsylvania Academy of Otolaryngology and Head and Neck Surgery, June 18, 1999, Hershey, PA Moses, R., Atkins, J., Keane, Wm.: Image-Guided Endoscopic Sinus Surgery, Presented at the Annual Meeting of the American Academy of Otolaryngology Head and Neck Surgery, September 26, 1999, New Orleans, LA Joseph P. Atkins, M.D. 24 Curriculum Vitae Atkins, J., Chalian, A.: Anterior Floor of Mouth Carcinoma, Presented at the Annual Meeting of Otolaryngology Head and Neck Surgery, September 29, 1999, New Orleans, LA Atkins, J.: Image Guided Surgery; Advances in Management of Sino-Nasal Disease, Presented at the Annual Penn Rhinology, March 16, 2000, Philadelphia, PA Atkins,J.: Image Guided Frontal Sinus Surgery; Presented at the Annual Meeting of American Academy of Otolaryngology Head and Neck Surgery, September 26, 2000, Washington, DC Atkins, J., Chahan, A.: Treatment of Anterior Floor of Mouth Carcinoma, Presented at the Annual Meeting of The American Academy of Otolaryngology Head and Neck Surgery, September 24, 2000, Washington, DC Atkins, J., Kaltman, J.: Reconstruction of Ear Post Cancer Resection, Presented at the Annual Cherry Blossom Conference, March 31, 2001, Washington, DC Atkins, J.: Image Guided Frontal Sinus Surgery; Presented at the Annual Meeting of The American Academy of Otolaryngology Head and Neck Surgery, September 11, 2001, Denver, CO Kim, S., Kearney, J., Atkins, J.: Percutaneous Laryngeal Collagen Augmentation for Treatment of Parkinsonian Hypophonia, Presented at the Annual Meeting of The American Academy of Otolaryngology: Head and Neck Surgery, September 11, 2001, Denver, CO Scientific Posters: Miller, R., Lowry, L.D., Atkins, J., Keane, W. Vagal Paraganglioma: Evaluation and Treatment. American Academy Otolaryngology - Head and Neck Surgery Annual Meeting, San Francisco, CA, September 1997, Puzzi, J., Vemose, G., Keane, W., Atkins, J., Zwillenberg, D. Mucosal Melanomas of the Nasal Cavity and Paranasal Sinuses: American Academy Otolaryngolgoy- Head and Neck Surgery, San Francisco, CA, September 1997. CERTIFICATE OF SERVICE I, Dena J. Stump, an employee of the law firm of Post & Schell, P.C. do hereby certify that I caused a true and correct copy of the foregoing Pre-Trial Memorandum of Defendant to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Daniel Jeck, Esquire Eisenberg, Rothweiler, Schleifer, Weinstein & Winkler, P.C. 1634 Spruce Street Philadelphia, PA 19103 POST & SCHELI., P.C. 611" zo I Dena J. S t , Secretary s Date: August 14, 2003 DIMITRIOS DIMITRAKOPOULOS: IN THE COURT OF COMMON PLEAS OF and his wife, ATHENA CUMBERLAND COUNTY, PENNSYLVANIA DIMITRAKOPOULOS, Plaintiffs 99-5992 VS. CIVIL ACTION - LAW FOUAD GEADAH, M.D., Defendant JURY TRIAL DEMANDED IN RE: DEFENDANT'S MOTION TO COMPEL e; ORDER AND NOW, this 2'1" day of May, 2000, a rule is issued on the plaintiff to show cause why the relief requested in the within motion to compel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Ke v i /n?t?,. ?H, e?s??s, ?J./ ,5 31 00 'R Ks . COURT OF COMMON PLEAS DAUPHIN COUNrY CIVIL ACTION O SUITS 1999 -?/?j 99•S -TVA Entry By Summons ( ) Complaint (?/ ) Date of Entry LAf !2 /.1 99 Petition ( ) Appeal ( ) Writ of Execution Issued: Custody ( ) ' Assumpsit ( ) Appearance For: Divorce ( ) Plaintiff: Mortgage Foreclosure ( ) Change of Name ( ) Ejectment ( ) Quiet Title ( ) Defendant: 14 Appt. of viewers ( ) G e Replevin ( ) Declaration of Taking ( ) Forma Pauperis ( ) _ Mental Health ( ) dtk? 4 .6 -,A Protective Order ( ) District Justice ( ) «ET )9gq - Ft:rm or j OF' pLd r w-r)pir TA ( r.rgnJC ? w, =r Fr Lrrm September 3, 1999- upon consideration of the within Petition IT IS HEREBY ORDERED that the venue in the above -ca;?f'3'oned action be changed from Dauphin County to Cumberland County and that the Prothonotary of Dauphin County transfer all documents and pleadings in the above-captioned matter to the Court of Common Pleas of Cumberland County, Cost to borne by Plaintiffs /s/ Richard A Lewis Judge. See Order. Filed 9-8-99 September--1,1999- Upon consideration of the within Petition, IT IS HEREBY ORDER..F,B' that the venue in the a tioned action be than ed from_Dauphtff County to Cumberland Count and that the Prothono in County transfer all documents COURT OF COMMON PLEAS DAUPHIN COUN'?Y CIVIL ACTION M., n,ptimoe.r.m»,rn,.r SUITS 1999 ? _s J 99-S ?OZ Entry By Summons I Complaint (?/ I Date of Entry Petition Appeal Writ of Execution Issued: Custody f 1 ' Assumpsit ( I Appearance For: Divorce Plaintiff. A 4 fit 0?4 Mongage Foreclosure f ? ( I Change of Name f I Ejectment Quict Title f I Defendant: Appi. of Viewers ( I Replevin Declaration of Taking ( I Forma Pauperis Mental Health ( I Protective Order ( j District Justice June 7, 1999 - It is hereby agreed and stipulated between the undersi ned that all allegations and claims aginst FOUAD GEADAH, M.D., F.A.C.S., P.C., are stricken and heretofore the caption shall read: DI14ITRIOUS DI!'ITRAKOPOULOS and his wife ATHE!:A DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. Approved by the court. /s/Lawrence F. Clark Jr. J., See ORDER filet Filing Fee Date/Amount -d ^CK u )A ,J /a-Cs?G m. Fee -Divorce Date/Amount Any. Appearance Adm. Fee - Custody Sheriffs costs Apt. of Master Discontinuance Cash Bond Pmecipe for Argi. Rule of Reference Cert. of Readiness Escrow Funds September 3, 1999- upon consideration of the within Petition IT IS HEREBY ORDERED that the venue in the above -cafT oned action be changed from Dauphin County to Cumberland County and that the Prothonotary of Dauphin County transfer all documents and pleadings in the above-captioned matter to the Court of Common Pleas of Cumberland County, Cost to borne by Plaintiffs. /s/ Richard A. Lewis Judge. See Order. Filed 9-8-99 Septembe 1999- Upon consideration of the within Petition, IT IS HEREBY OR that the venue in the a tioned action be changed from County to Cumberland Count and that the Prothono n Count transfer all documents and pleadings in the above-ca -t atter to the Cour mmon Pleas of Cumber- land County. Cos a borne by Plaintiffs. /s/ Richard n_ T.Pwis. cPP OAR ER-@r-coURT filed. ey-T uJL y-It WVLA-V' September 14, 1999 - The above action transferred to the Court of Common Pleas of Cumberland Countv. I?srr.' _ / q i,Tk: U;Mgoang is Frog m .. die j. 1: 1?1 PJ __5 VIZ, o. ;y I . UN f) Plaintiffs V. FOUAD GEADAH, M.D., Defendant DAUPHIN COUNTY, PENNSYLVANIA No. 592 S 1999 CIVIL ACTION - LAW ORDER F COVET 7 _. AND NOW, this day of z? 1999, upon consideration of the within Petition, IT IS HEREBY ORDERED that the venue in the above-captioned action be changed from Dauphin County to Cumberland County and that the Prothonotary of Dauphin County transfer all documents and pleadings in the above-captioned matter to the Court of Common Pleas of Cumberland County. (e ` -1-,. Pl, eO(Z N r BY THE COURT/ J. DMTRIOS DMTRAKOPOULOS, and : IN THE COURT OF COMMON PLEAS his wife, ATHENA DI IITRAKOPOULOS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs No. 592 S 1999 V. FOUAD GEADAH, M.D., Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of 1999, upon consideration ofthe within Petition, IT IS HEREBY ORDERED that the venue in the above-captioned action be changed from Dauphin County to Cumberland County. BY THE COURT: J. DIMITRIOS DIMITRAKOPOULOS, and AN THE COURT OF COMMON PLEAS his wife, ATHENA DIMITRAKOPOULOS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs V. No. 592 S 1999 : CIVIL ACTION - LAW FOTJAD GEADAH, M.D., Defendant PETITION OF PLAINTIFF TO CHANGE VENUE AND NOW, comes the Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, by and through their attorneys, HANDLER, HENNING & ROSENBERG, by David H Rosenberg, Esquire, and avers as follows: 1. On February 9, 1999, an action, concerning a February 26, 1997 surgery performed by Defendant, was commenced in Dauphin County, by the Plaintiffs' filing a Complaint in Dauphin County, the residence of the Plaintiffs, and requesting service by Sheriff. 2. On February 18, 1999, Defendant was served with the said complaint at the address of 3512 Trindle Road, Camp Hill, PA 17011, as evidenced by the Sherifrs Return signed by SheriffJack Lotwick. 3. Plaintiffs received an Entry of Appearance, dated March 3, 1999, filed on behalf of the Defendant, Fouad Geadah, M.D., from Andrew H. Briggs., Esquire, of the law firm of Post and Schell, P.C. 4. Andrew H. Briggs, Esquire, counsel for the Defendant, Fouad Geadah, M.D., informed David H Rosenberg, counsel for the Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, that the Defendant maintained his principal place ofbusiness in Cumberland County at the time of the February 26, 1997 surgery that is the subject of this action, therefore, the venue for the present action should be Cumberland County, rather than Dauphin County. 5. David H Rosenberg, Esquire, counsel for Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, concurs with counsel for Defendant in changing the venue from Dauphin County to Cumberland County. WHEREFORE, counsel for the Plaintiffs hereby respectfully requests this Honorable Court to grant the requests of the Plaintiffs and Defendant to change the venue ofthis action to Cumberland County. Respectfully Submitted, & ROSENBERG BY: David H Rosen rg, Esquire I.D. No. 205 319 Mark Street P.O. Bo 1177 Harrisburg, PA 17108 DAT 717-238-2000 E: r J - 3 " 9 g Attorney for Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos DIMITRIOS DIMITRAKOPOULOS, and his wife, ATHENA DIMITRAKOPOULOS Plaintiffs V. FOUAD GEADAH, M.D., Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 592 S 1999 CIVIL ACTION - LAW JOINDER I, Andrew H. Briggs, of the law firm of POST & SCHELL, P.C., hereby join in the said Petition of Plaintiffs to Change Venue. POST & S. ? LL, P. BY: l?L Andrew H. Briggs, Esquire I.D. No. 53072 240 Grandview Avenue Camp Hill, PA 17011 Attorney for Defendant DIMITRIOS DIMITRAKOPOULOS, and his wife, ATHENA DIIvIITRAKOPOULOS Plaintiffs V. FOUAD GEADAR M.D., Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 592 S 1999 r CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Nancy L. Bistline, hereby certify that a true and correct copy of the foregoing document was served on the Defendant, Fouad Gesdah, M.D. by sending a copy of the same to his attorney of record, Andrew H. Briggs, Esquire, POST & SCHELL, P.C., 240 Grandview Avenue, Camp Hill, PA 17011, by United States Mail, regular service, in Harrisburg, Pennsylvania on the date listed below. HANDLER, HENNING & ROSENBERG Date: 9' ?' 7 9 By:--?) (G( Yl et? Yt ??ii Nancy L. Bisthne, Secretary 07 o-, i M N d G , W C/J l t Q? r c_ I.J }? ?1 L.n .1 i?? ? Asti I 3 M ?1 J O C O\ Mrs/?\ 1? O ? ^1`/I?I Q o M VI Q N M h El X 6. 00 N M O /?\ 7 /?\ W ?t?+0 CO N_ I? N cl: o M ? x s+yb+?.r ? Q I DIMITRIOS DIMITRAKOPOULOS, and :IN THE COURT OF COMMON PLEAS his wife, ATHENA DIMITRAKOPOULOS, : DAUPHIN COUNTY, PENNSYLVANIA Plaintiffs NO. 59a s 99 9 V. : CIVIL ACTION - LAW FOUAD GEADAH, M.D., and FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fonh in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 ajudgment 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 Plaintif. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le han demandado a usted en to cone. Si usted quiere defenderse de estas demandas expuesuu en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de at fecha de In demanda y la notification. Usted debe presentar una apariencia escrita o en persona a per abogado y archivar cn In cone en forma escrita sus dcfensas o sus objectiones a las demandas en contra de su persona. Sea avisado quc si usted no se feficnde, la cone tonrara mcdidas y puede una orden contra usted sin previo aviso o notification y per cualquicr queja o akuvui quc es pedido en la petition de demanda. Usted puedo parder dincro o sus propicdades a otros derechos importames pan ustcd. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA10 PARA A VERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg. Pennsylvauin 17101 Dale: (? ?4 L ?wWCx..ti.?, r `I HANDL N//D NER BT (l Uavld H Rosen b squire AllomcyLD.# )76 319 Market St., P.O. Box 1177 Harrisburg. PA 17108 (717) 238-2000 Allomcys for Plaintiffs CaskomplalntWhItmkopoulos.mm DIMITRIOS DIMITRAKOPOULOS, and his wife, ATHENA DIMITRAKOPOULOS, Plaintiffs V. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 59a S /q9 9 CIVIL ACTION - LAW FOUAD GEADAH, M.D., and FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendants COMPLAINT AND NOW come Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, his wife, by and through their attorney, David H Rosenberg of HANDLER, WIENER, HENNING & ROSENBERG, and make the within Complaint against the Defendants as follows: 1. Plaintiff, Dimitrios Dimitrakopoulos, (hereinafter Plaintiff) is an adult individual currently residing at 224 Boas Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 2. Plaintiff, Athena Dimitrakopoulos, (hereinafter Plaintiff Athena) is an adult individual currently residing at 224 Boas Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Defendant, Fouad Geadah, M.D., (hereinafter Defendant Geadah) is an adult individual engaging in the practice of medicine with a business address of3512Trindle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. Defendant, Fouad Geadah, M.D., F.A.C.S., P.C., (hereinafter Defendant P.C.) is a corporation engaged in the practice of Otolaryngology with a business address at 3512 Trindle Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. At all times relevant hereto, Plaintiff was under the care and treatment attention of Defendant Geadah. 6. On or around January 14,1997, Plaintiff presented to Defendant Geadah for complaints of difficulty breathing from his nose, headaches and loss of sense of smell. 7. Medical records indicate a CAT scan of Plaintiff's sinuses was obtained revealing pansinusitis and intranasal polyposis. 8. Medical records indicate that Defendant Geadah recommended and scheduled Plaintiff for endoscopic sinus surgery on February 26, 1997, in order to remove the nasal polyps. 9. On February 26, 1997, Plaintiff underwent bilateral endoscopic ethmoidectomy and meatomy, bilateral excision of polyps from maxilliary sinuses, bilateral intranasal polypectyomy, bilateral sphenoidotomy, and bilateral frontal sinus exploration. 10. Medical records indicate that following surgery, Plaintiff had persistent excessive bleeding and significant drainage. 11. Medical records indicate that Plaintiff was discharged one day later on February 27, 1997. 1) 12. Subsequent to the surgery, Plaintiff was seen by Defendant Geadah on March 3, 1997; March 10, 1997; and on April 4, 1997; for complaints of drainage from the left side of his nose. 13. Medical records indicate that Defendant Geadah treated Plaintiff with Flonase. Flonase is commonly used for management of seasonal and perennial allergic rhinitis. 14. Medical records indicate that as of April 30, 1997, the Flonase treatment was unsuccessful and Plaintiff continued to have drainage from his nose, as well as hoarseness of his voice, and a cough productive of green sputum. 15. On July 15, 1997, Plaintiff was seen by Defendant Geadah with continuing complaints of drainage from his nose. 16. Defendant Geadah performed a nasal pharyngoscopy. 17. Defendant Geadah's medical records indicated that no cerebral spinal fluid leakwas visualized. 18. Plaintiff was then seen by John Fornadley, M.D., Associate Professor of Surgery at The Hershey Medical Center at Penn State, for a second opinion. 19. Dr. Fornadley performed a CT scan of Plaintiffs sinuses on July 18, 1997, which revealed a large defect in the left side of the cribriform plate measuring 1.2 cm in diameter. 20. Medical records indicate that this defect was not present on a sinus CT scan performed prior to the February 26, 1997, surgery. 3 21. Medical records indicate that the new CT scan indicated mild fluid throughout the residual anterior ethmoid air cells and occlusion of both nasal frontal ducts due to the fluid/mucusal thickening. 22. Plaintiff was then referred to David Kennedy, M.D., at the University of Pennsylvania. 23. On August 1, 1997, Plaintiff was seen for the first time by Dr. Kennedy. 24. Medical records of Dr. Kennedy noted that Plaintiff had developed clear rhinorrhea from the left side of his nose two weeks following his sinus surgery of February 26, 1997. 25. Medical records indicate that on physical examination clear fluid was seen to be dripping from Plaintiff's nose as Plaintiff sat for the examination. 26. Plaintiff reported to Dr. Kennedy that the rhinorrhea increased with straining or bending and only occurred on the left side of Plaintiffs nose. 27. Medical records indicate that Dr. Kennedy reviewed the CT scan of July 18, 1997, and an MRI from July 30, 1997, and determined that cerebral spinal fluid was leaking from the anterior cranial fossa defect and a meningoencephalocele was present requiring endoscopic closure. 28. On August 12, 1997, Dr. Kennedy performed endoscopic closure of a left ethmoid cerebral spinal fluid leak with a septal graft, bilateral endoscopic revision complete sphenoethmoidectomy, bilateral endoscopic revision middle meatal enterostomy, and right endoscopic revision frontal sinusotomy, on Plaintiff. a 29. As a direct and proximate result of the negligence of Defendant Geadah, agent servant and/or employees of Defendant Geadah, Plaintiff has suffered severe and permanent injury to sinuses which will be described in full and hereinafter. COUNT I NEGLIGENCE Dimitrios Dimitrakoaoulos y. Fouad Geadah, M.D. 30. Plaintiff incorporates and makes part of this Count, paragraphs 1 through 29 of this Complaint as fully set forth herein. 31. Defendant Geadah was negligent and/or careless in some or all of the following particulars: (a) In creating a defect in the roof of Plaintiffs nose with Defendant Geadah's sinus instruments. (b) In creating a defect in the base of Plaintiffs skull with Defendant Geadah's sinus instruments. (c) Causing a defect measuring 16 mm in the anterior to post-terior dimension and approximately 8 mm from medial to lateral dimension. (d) In causing Plaintiffs subsequent cerebral spinal fluid leak. (e) In placing Plaintiff in increased risk for meningitis. (f) In causing Plaintiff to have additional surgery for Dr. Kennedy to repair the defects. 5 (g) In failing to investigate Plaintiffs complaints of unilateral persistent rhinerhea following his surgery. (h) In exposing Plaintiff to prolonged risk of harm from meningitis and prolonged left-sided nasal drainage. (i) In failing to timely recognize and treat Plaintiffs condition. (j) In failing to consult with any other physician's skill or expertise capable of caring for Plaintiff. (k) In failing to timely refer to any other physician's skill and training who could properly care for treatment. (1) In causing months of left-sided nasal drainage. (m) In failing to only prescribe Flonase for Plaintiffs complaints. (n) In penetrating the dora creating a leakage of cerebral spinal fluid. (o) In utilizing cutting instruments too high in the roof of Plaintiffs nose. (p) In utilizing cutting instruments too high in the base of Plaintiff's skull. (q) In penetrating the interior cranial cavity and dora covering of the brain. (r) In failing to conform to the requisite standard of reasonable medical care and skill under the circumstances and at the time. (s) In failing to provide and render reasonable medical care to Plaintiff in failing to perform surgery in a proper, reasonable and safe manner. 32. As a direct and proximate result of the negligence of Defendant Geadah, Plaintiff has sustained serious injuries including but not limited to prolonged 6 left-sided nasal drainage of cerebral spinal fluid leak, which placed Plaintiff at risk for meningitis. 33. As a direct and proximate result of the negligence of Defendant Geadah, Plaintiff has been and probably will be hindered in the future from attending to his daily activities such as competitive weight lifting for the remainder of his life, to his great detriment, loss, humiliation, and embarrassment. 34. As a direcland proximate result of Defendant Geadah's negligence, Plaintiff has been and will probably will be in the future hindered from attending to his daily activities which may include straining due to the probability of recurrence of the cerebral spinal fluid leak to his great detriment, loss, humiliation and embarrassment. 35. As a direct and proximate result of the injuries sustained, Plaintiff has suffered a loss of life's pleasures and will probably continue to suffer the same in the future to his great detriment and loss. 36. As a further result of the negligence of Defendant Geadah, Plaintiff has undergone great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future. 37. As a furtherresult of the negligence of Defendant Geadah, Plaintiff has been forced to expend large sums of moneyfor medical and surgical attention and may require to expend large sums of money for the same purposes in the future. 7 38. As a further direct and proximate result of the negligence of Defendant Geadah, Plaintiff's health, in general, has been seriously compromised and impairod. 39. As a further result of the negligence of Defendant Geadah, Plaintiff has suffered limitations in work activity, has lost and will lose large sums of money in relation to his limitations and makes a claim thereof. WHEREFORE, Plaintiff, Dimitrios Dimitrakopoulos, seeks damages from Defendant, Fouad Geadah, M.D., in an amount in excess of Thirty-Five Thousand Dollars and 00/100 ($35,000.00) plus interest, costs, and such further relief as is deemed just. COUNT II NEGLIGENCE Dimitrios Dimitrakoooulos v. Fouad Geadah, M.D.. F.A.C.S., P.C. 40. Plaintiff hereby incorporates and makes part of this Count, paragraphs 1 through 39 of the within Complaint as if fully set forth at length. 41. At all times relevant to the matter set forth in this Complaint, Defendant Geadah was an agent servant and/or employee of Defendant P.C. and was acting in and upon the business of Defendant P.C. while in the course and scope of his employment. 42. The negligence that is set forth hereinafter: (a) In creating a defect in the roof of Plaintiff's nose with Defendant Geadah's sinus instruments. 8 (b) In creating a defect in the base of Plaintiff's skull with Defendant Geadah's sinus instruments. (c) Causing a defect measuring 16 mm in the anterior to post-terior dimension and approximately 8 mm from medial to lateral dimension. (d) In causing Plaintiff's subsequent cerebral spinal fluid leak. (e) In placing Plaintiff in increased risk for meningitis. (f ) In causing Plaintiff to have additional surgery for Dr. Kennedy to repair the defects. (g) In failing to investigate Plaintiffs complaints of unilateral persistent rhinerhea following his surgery. (h) In exposing Plaintiff to prolonged risk of harm from meningitis and prolonged left-sided nasal drainage. (i) In failing to timely recognize and treat Plaintiffs condition. Q) In failing to consult with any other physician's skill or expertise capable of caring for Plaintiff. (k) In failing to timely refer to any other physician's skill and training who could properly care for treatment. (1) In causing months of left-sided nasal drainage. (m) In failing to only prescribe Flonase for Plaintiff's complaints. (n) In penetrating the dora creating a leakage of cerebral spinal fluid. (o) In utilizing cutting instruments too high in the roof of Plaintiff's nose. (p) In utilizing cutting instruments too high in the base of Plaintiff's skull. 9 (q) In penetrating the interior cranial cavity and dora covering of the brain. (r) In failing to conform to the requisite standard of reasonable medical care and skill under the circumstances and at the time. (s) In failing to provide and render reasonable medical care to Plaintiff in failing to perform surgery in a proper, reasonable and safe manner. 43. As a direct and proximate result of the negligence of Defendant P.C., Plaintiff has sustained serious injuries including but not limited to prolonged left-sided nasal drainage of a cerebral spinal fluid leak which placed Plaintiff at risk for meningitis. 44. As a direct and proximate result of the negligence of Defendant P.C., Plaintiff has been and probably will be hindered in the future from attending to his daily activities such as competitive weight lifting for the remainder of his life, to his great detriment, loss, humiliation, and embarrassment. 45. As a direct and proximate result of Defendant P.C.'s negligence, Plaintiff has been and will probably will be in the future hindered from attending to his daily activities which may include straining due to the probability of recurrence of the cerebral spinal fluid leak to his great detriment, loss, humiliation and embarrassment. 46. As a direct and proximate result of the injuries sustained, Plaintiff has suffered a loss of life's pleasures and will probably continue to suffer the same in the future to his great detriment and loss. 10 47. As a further result of the negligence of Defendant Geadah, Plaintiff has undergone great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future. 48. As a further result of the negligence of Defendant P.C., Plaintiff has been forced to expend large sums of money for medical and surgical attention and may be required to expend large sums of money for the same purposes in the future to his great detriment and loss. 49. As a further direct and proximate result of the negligence of Defendant Geadah, Plaintiffs health, in general, has been seriously compromised and impaired. 50. As a further result of the negligence of Defendant Geadah, Plaintiff has suffered limitations in work activity, has lost and will lose large sums of money in relation to his limitations and makes a claim thereof. WHEREFORE, Plaintiff, Dimitrios Dimitrakopoulos, seeks damages from Defendant, Fouad Geadah, M.D., F.A.C.S., P.C., in an amount in excess of Thirty-Five Thousand Dollars and 00/100 ($35,000.00) plus interest, costs, and such further relief as is deemed just. COUNT III LOSS OF CONSORTIUM Athena Dimitrakopoulos v. Fouad Geadah. M.D., and Fouad Geadah. M.D.. F.A.C.S.. P.C. 51. Plaintiff Athena herein incorporates paragraphs 1 through 50 of this Complaint into this count as if set forth at length. 52. As a direct and proximate result of the negligence and carelessness of Defendants and their agent servants and/or employees, Plaintiff Athena has suffered a loss of consortium, society and comfort from her husband, Dimitrios Dimitrakopoulos, and she will suffer similar loss in the future. 53. As a further result of the negligence and carelessness of the Defendants and their agent servants and/or employees, Plaintiff Athena has been forced to expend large sums of money for doctors, hospitals and items necessary for her husband'spropercare and treatment and will beforced to expend similar sums for like items in the future. 54. As a further result of the negligence and carelessness of the Defendants and their agent servants and/or employees, Plaintiff Athena has suffered a loss of life's pleasures due to the injuries sustained by Plaintiff and will continue to suffer the same in the future due to her great detriment and loss. 12 WHEREFORE, Plaintiff, Athena Dimitrakopoulos, seeks damages from Defendants, Fouad Geadah, M. D., and Fouad Geadah, M. D., F.A. C. S., P. C., in an amount in excess of thirty-five thousand dollars and 00/100 ($35,000.00) plus interest, costs, and such further relief as is deemed just. Respectfully Submitted, HANDLER, WIENER, HENNING & ROSENBERG Date: By. David H R o nberg, Esquire I.D. No. 569 319 M ket Street Harri urg, PA 17108-1177 (717) 238-2000 Attorney for Plaintiff 13 VERIFICATION We, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: 9 4 9 . - pi,' ?ro[tr?i4 Dimitrios Dimitrakopoulos Athena Dimitrakopoulos CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint upon day of ? , 1999, by placing the same in Defendant of record on this the U.S. first class mail, postage prepaid at Harrisburg, Pennsylvania addressed as follows: Fouad Geadah, M.D. 3512 Trindle Road Camp Hill, PA 17011 Date: q Respectfully submitted, HANDLER AND WIENER By: David , Esquire 1. D. N . 20569 319 arket Street P. 9r. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorney for Plaintiffs <1?ficE VfjePxiff Mary Jane Snyder Real Estate Deputy William T. Tully f Solicitor Dauphin County Harrisburg. Pennsylvania 17101 ph:(717)255.2660 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 0592-5 - - -1999 Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW: February 18, 1999 at 3:55PM served the within COMPLAINT upon GEADAH FOUAD MD by personally handing to EDDIE GEEDAAH, M.D., SON OF DEFT 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 3512 TRINDLE RD CAMP HILL, PA 17011-0000 So Answers, ?lel° ? Sheriff of Dauphin County, Pa. Plaintiff: DIMITRAKOPOULOS DIMITRIOS 6 ATHENA Sheriff's Costs: $99.00 PD 02/09/1999 RCPT NO 120530 Dat o Entered bly EM-ie- SHERIFF'S RETURN - REGULAR CASE NO: 1999-00093 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIMITRAKOPOULOS DIMITRIOS VS. GEADAH FOUAD MD CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon GEADAH FOUAD MD the defendant, at 15:55 HOURS, on the 18th day of February 1999 at 3512 TRINDLE ROAD CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to EDDIE GEEDAAH, M.D. (SON OF a true and attested copy of the COMPLAINT AND NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit 2.50 Surcharge .00 R- of mss Aline" 5erifL U A DL R, WIIEENE,R, H?ENNING \ i 99 by ( /Y ?W t'? 1 2CG2(/ 4 epu y S iI erzFf Sword and subscribed to before me this day of 19' R9 A. D. NOTARIAL SEAL PATRICIA A. SHATTO, Notary Public Cer1111e Boro, Cumberland County My Commission Expires December 17, 2001 'ffire of the '54triff of Pau*irt Touzdg, 1j,eunsglfrtsuiu DIMITRAKOPOULOS DIMITRIOS & AllIENA Plaintiff No. 0592-S - -4999 vs GEADAH FOUAD mD Defendant And Now; Febnuuy 10, 1999 I, hereby Deputize the Sheriff of CUMBERLAND County, Pennsylvania, to serve the within COMPLAINT upon GEADAH FOUAD MD at 3512 TRINDLE RD CAMP HILL, PA 17011-0000 According to Law. So Answers Copies: 1 ? Advanced Costs: $100.00 (((/// J. R. Lotwick, Sheriff of Dauphin County, Pa. ------ ICIiVDLY RETURN-!IRS DEPUTIZATION WITH YOUR RETURN OF SERVICE -------- ------------------------- ----------------------------- -------------------------------- RETURN r?s 3- /a Sheriff DIMITRIOS & ATHENA No. 0592-5 - - -1999 COMPLAINT Directions to Sheriff of Dauphin County, PA VS. GEADAH POUAD MD 3512 TRINDLE RD CAMP HILL, PA 17011 (01 COPY) MAILED- 2/10/99 TO CUMBERLAND CO. COSTS:$100.00 ROSENBERG DAVID H. 319 MARKET ST HARRISBURG,PA 17108 238-2000 his wife, ATHENA DIMITRAKOPOULOS, Plaintiffs V. FOUAD GEADAH, M.D., and FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendants DAUPHIN COUNTY, PENNSYLVANIA NO. 5-( ?R S /(?99 CIVIL ACTION - LAW ?+ INSTRUCTIONS TO SHERIFF complQi ni Please serve the Vd *vf-6amrttees on the Defendant at the following address: U Fouad Geadah, M.D. 3512 Trindle Road Camp Hill, PA 17011 Respectfully submitted, HANDLER, WIENER, HENNING and ROSENBERG Date:G By: avid osenberg, Esquire Supre Court ID No. 20569 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1 177 (717) 238-2000 Attorneys for Plaintiff -- - ------- --------- . ?iy r? N t? 1_? O O ?J ¢ ¢ N M Idyl ai a? tL ? X ? N Z ,G m 7 ^ .?. ?W?..J Y ??L++ O ?M CD =a'E? L-L I' TO YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN TWENTY (20) DAYS FROM SERVICE HEREQF ORA•IUDGEMENT MAY BE ENTERED AGAINST YOU BY ATTORNEY 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 POST & SCHELL, P.C. ATTORNEYS AT LAW SUITE 100, 240 GRANDVIEW AVE. CAMP HILL, PA 17011 (717) 721-0$70 FAX: (717)731-1985 DIMITRIOS DIMITRAKOPOULOS and his wife ATHENA DIMITRAKOPOULOS V. Plaintiffs, FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendants. TO THE PROTHONOTARY: FOUAD P.C. WE DO HEREBY CERTIFY THAT THE WITHIN IS A TRUE AND COR. RECT COPY OA' THE ORIGINAL - FILED IN THIS ACTION BY ATTORNEY IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 592 S 1999 CIVIL ACTION - LAW JURY TRIAL DEMANDED Kindly enter my appearance for the Defendants, fouad Geadah, M.D. and fouad Geadah, M.D., f.A.CS., P. C., in connection with the above case. Respectfully submitted, POST & SCHELL, P.C. A REW H. BRI S, QUIRE Attorney for Defendants I. I, KELLEY SPANGLER, an employee of the law firm of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following persons at the following addresses indicated below by sending same in the United States mail, first-class, postage prepaid: David H. Rosenberg, Esquire HANDLER, WIENER, HENNING & ROSENBERG 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 ?I l 1, i f pp . m r i l) KELLEY S] ANG ER Date: -0 e3!- , / I . ?'` ??. C ?J Q C ?(. r_ - (: rn ?? -= °. '?? ?I??r -,? -, •?: ;, .- "` ..? 7 THE cur,:vrs n ?uuucmcrv . REDA"INSTYOU' TTORNEY:. I.D. #53072 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 POST & SCHELL, P.C. ATTORNEYS AT LAW _WE DO HEREBY CERTIFY THAT SURE 100, 240 ORANDVIEW AVE. THE WITHIN IS i?TRUE AND:CORe CAMP HILL, PA 17011 RECT COPY OF THE:ORIGINAL (717) 731-0970 ' FILED IN THIS ACTION' BY FAX: (717) 731-1999 ATTORNEY - rvvn FOUAD GEADAI I, M.D., F.A.C.S. P.C. DIMITRIOS DIMITRAKOPOULOS and his wife ATHENA DIMITRAKOPOULOS Plaintiffs, V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendants. IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 592 S 1999 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please file the attached Certificate of Service evidencing service of Medical Malpractice Interrogatories Directed to Plaintiff, Witness/Expert Witness Interrogatories Directed to Plaintiff and i Request for Production of Documents Directed to Plaintiff. Respectfully submitted, POST & SCHELL, P.C. By: -A L?k ANDREW H. GGS, ESQUIRE 240 Grandview Avenue Camp Hill, PA 17011 (717) 731-1970 I.D. No. 53072 Attorneys for Defendant -2- 1, JOANN P. TRESCO, an employee of the firm of POST & SCHELL, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, first-class, postage prepaid: David H. Rosenberg, Esquire Handler, Wiener, Henning & Rosenberg P.O. Box 1177 Harrisburg, PA 17108-1177 ANN P. TRESCO, Paralegal `?'j/`% / Dated: 15- I, JOANN P. TRESCO, an employee of the firm of POST & SCHELL, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, first-class, postage prepaid: David H. Rosenberg, Esquire Handler, Wiener, Henning & Rosenberg P.O. Box 1177 Harrisburg, PA 17108-1177 P. TRESCO, Paralegal Dated: , Ak 1, JOANN P. TRESCO, an employee of the firm of POST & SCHELL, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, first-class, postage prepaid: -28- David H. Rosenberg, Esquire Handler, Wiener, Henning & Rosenberg P.O. Box 1177 Harrisburg, PA 17108-1177 1, JOANN P. TRESCO, an employee of the firm of POST & SCHELL, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Praecipe evidencing service of discovery upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, first-class, postage prepaid: David H. Rosenberg, Esquire Handler, Wiener, Henning & Rosenberg P.O. Box 1177 Harrisburg, PA 17108-1177 JOANN P. TRESCO, Paralegal Dated:/ -3- C I ~ W c Ln = LLJ LL, ? F- ? r c. 0 0 2 r' ? O ?t,20 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ ANDREW H. BRIGGS, ESQUIRE defendant 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 the 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. C[{?z?2.tL ? ?, ?e DATE: 4/05/99 ANDREW H. BRIGGS. QUIRE Attorney for DEFENDANT DE11-096336 9 2 0 5 6- L 0 1 COMMONWEALTIi OF PENNSYLVANIA COLIN'I'Y OF Df%- UPH IN IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS Note: see enclosed list of locations ] TO: DAVID ROSENBERG. ESQUIRE MCS on behalf of ANDREW H. BRIGGS, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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: 3/15/99 MCS on behalf of ANDREW H. BRIGGS, ESQUIRE Attorney for DEFENDANT CC: ANDREW H. BRIGGS, ESQUIRE - DIMITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-087343 9 2 0 5 6- C 0 3. i >>> LOCATION LIST c« FACE: RECORDS REQUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER JOHN A. FORNADLEY, M.D. DAVID KENNEDY, M.D. UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF PENNSYLVANIA POLYCLINIC MEDICAL CENTER POLYCLINIC MEDICAL CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DE02-087343 92056-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN i DIMITRIOS 6 ATHENOS DIMITRA):OPOCLOS f -VS- File No. 592 S 1999 FOUAD GEADAH SUBPOENA TO PRODUCE DOCttNfENTS OR THINGS FOR DISCOVERY PiTi2Si)ANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER (Nano of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, (800, PHILADELPHIA, 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 : ANDREW H BRIGGS ESQUIRE ADDRESS: 1800 JFR BLVD 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE : (215) 246-0900 SUPREME COURT ID t) ATTORNEY FOR: DEFENDANT DATE: 4/5/99 sad of the Court Proth. - 73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE PO BOX 850 HERSHEY, PA 17033 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING BUT NOT LIMITED TO IN-PATIENT/OUT-PATIENT/ER/CLINIC VISITS, OFFICE RECORDS, STUDIES, REPORTS, ETC. 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 : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security N: 192-70-3678 Date of Birth: 03-21-62 SU10-180768 9 2 0 5 6- L 0 1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 _VS_ CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW H. BRIGGS. ESQUIRE defendant 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 the 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: 4/05199 ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT DE11-096337 9 2 0 5 6- L 02 COMMONWEALTH OF-- PENIJSYI-V/,NJA COUNTY Or-' D/-.UPI-IIN IN THE HATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM. 0000 -VS CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENI'S Note: see enclosed list of locations J TO: DAVID ROSENBERG, ESQUIRE MCS on behalf of ANDREW H. BRIGGS 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 3/15/99 CC: ANDREW H. BRIGGS, ESQUIRE - DIHITRAKOPOULOS Any questions regarding this matter, contact MCS on behalf of _ANDREN H. BRIGGS rSOUIPE Attorney for DEFENDANT Ot THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-087343 9 2-0 5 6- C 0 1 r >>> LOCATION LIST <<< :ACE: RECORDS REQUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL MILTON HERSHEY MEDICAL CENTER X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) JOHN A. FOP.NADLEY, M.D. MEDICAL, BILLING, AND X-RAY(S) DAVID KENNEDY, H.D. MEDICAL AND HOSPITAL BILL UNIVERSITY OF PENNSYLVANIA X-RAY ONLY UNIVERSITY OF PENNSYLVANIA MEDICAL AND HOSPITAL BILL POLYCLINIC MEDICAL CENTER X-RAY ONLY POLYCLINIC MEDICAL CENTER MEDICAL AND HOSPITAL BILL HOLY SPIRIT HOSPITAL X-RAY ONLY HOLY SPIRIT HOSPITAL i? LE DE02-087343 9 2 0 5 6- C O 1 COMMONINrEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIMITRIOS 6 ATHENOS DIMITRAKOPOULOS -VS- FOUAD GEADAH File No. 592 S 1999 TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, 0800, PHILADELPHIA, PA 191 (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: ANDREW H. BRIGGS, ESQUIRE ADDRESS: 1800 JFK BLVD, 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID A ATTORNEY FOR: DEFENDANT DATE: 4/5/99 sev of the court Proth.•73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MILTON HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE PO BOX 850 HERSHEY, PA 17033 RE: 9056 DIMITRIOS DIMITRAKOPOULOS INCLUDE ANY AND ALL REPORTS AND STUDIES. Any and all X-Rays pertaining to patient. Dales Requested: up to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security a: 192-70-3678 Date of Birth: 03.21.62 SU10-180770 92056-1-02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW H. BRIGGS, ESQUIRE defendant 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 the 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: 4/05/99 ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT DE11-096338 92-056-L.0:3 COMMONWEALTH OF F'ErJNSYL.VANTA COUN'T'Y OF DAUPI-IJ_IJ IN THE MATTER OF: COURT OF COMMON PLEAS DIMITP.IOS AND ATHENOS DIMITP.AKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ) TO: DAVID ROSENBERG. ESQUIRE HCS on behalf of ANDREW H. BRIGGS, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania P.ules of Civil Procedure 4009.24. 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: 3/15/99 HCS on behalf of ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT CC: ANDREW H. BRIGGS. ESQUIRE - DIMITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARPWT STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-087343 92-056-CO 1 r W t+ 5>> LOCATION LIST <<< FACE: RECORDS REQUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER JOHN A. FORNADLEY, M.D. DAVID KENNEDY, M.D. UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF PENNSYLVANIA POLYCLINIC MEDICAL CENTER POLYCLINIC MEDICAL CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DE02-087343 9 2 0 5 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIMITRIOS 6 ATHENOS DIMITRAKOPOVLOS -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PRODUCED MNTS OR THINGS FOR DISCOVERY PURSUANT TOR LF, 4009.22 TO: CUSTODIAN OF RECORDS FOR: JOHN A. FORNADLEY, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, 0800, PHILADELPHIA, 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: ANDREW' H. BRIGGS, ESQUIRE ADDRESS: 1800 JFK BLVD, 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE; (215) 246-0900 SUPREME COURT ID L ATTORNEY FOR: DEFENDANT DATE: 4/5/99 seal of tk Coun Froth.- 73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN A. FORNADLEY, M.D. HERSHEY MEDICAL CENTER BOX 850 HERSHEY, PA 17033 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING BUT NOT LIMITED TO IN/OUT PATIENT, ER, CLINIC VISITS, OFFICE RECORDS, STUDIES, REPORTS, INC. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Rays, billing and payment records, relating to any examination, consultation, care or treatment. Dales Requested: up to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 223 BOAS STREET, HARRISBURG, PA 17102 Social Security A 192.70-3678 Dale of Birth: 03-21-62 SU10-180772 92056-1-03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW H. BRIGGS, ESQUIRE defendant 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 the 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: 4/05/99 ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT DE11-096339 92056-1-04 COMMONI4EA1-71i OF' PENNSYLVANIA COUNTY OF L7AUP1-i IN IN THE HATTER OF: COURT OF COMION PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ] TO: DAVID ROSENBERG. ESQUIRE MCS on behalf of ANDREW H. BRIGGS 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 6009.24, 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: 3/15/99 MCS on behalf of ANDP.EN %C)2% GGS ESQUIRE Attorney r EFENDANT CC: ANDREW H. BRIGGS, ESQUIRE - DIMITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-087343 92-05G-(=03- 0 >>> LOCATION LIST <<< `A:. E RECORDS REQUESTED LOCATION ...-- MEDICAL AND HOSPITAL BILL ONLY X-RAY HILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) MILTON HERSHEY MEDICAL CENTER. MEDICAL, BILLING, AND X-RAY(S) JOHN A. FORNADLEY, M.D. MEDICAL AND HOSPITAL BILL DAVID KENNEDY, H.D. X-RAY ONLY UNIVERSITY OF PENNSYLVANIA MEDICAL AND HOSPITAL BILL UNIVERSITY OF PENNSYLVANIA X-RAY ONLY POLYCLINIC MEDICAL CENTER MEDICAL AND HOSPITAL BILL POLYCLINIC MEDICAL CENTER. X-RAY ONLY HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DE02-087343 9 2 0 5 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIYITRIOS 6 ATHENOS DIMITRAKOPOULO.' -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PRODUCE D()CIJMENT OR THINGS FOR DISCOVERY PURSUANT RULE 009.22 TO: CUSTODIAN OF RECORDS FOR: DAVID KENNEDY, H.D. (Fame of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE. ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, P800, PHILADELPHIA, PA 1910 (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: ANDREk H. BRIGGS, ESQUIRE ADDRESS: 1800 JFR BLVD. 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID if ATTORNEY FOR DEFENDANT DATE : 4/5/99 Seal of the court Froth.-73 r• EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID KENNEDY, M.D. 3400 SPRUCE STREET 5 SILVERSTIEN BLDG. PHILADELPHIA, PA 19104 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING BUT NOT LIMITED TO IN/OUT PATIENT, ER, CLINIC VISITS, OFFICE RECORDS, STUDIES, REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, original X-Kays, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: tip to and including the present. Subject : DIMITRIOS DIilIITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security #: 192-70.3678 Dale of Birth: 03.21.62 SU10-180774 92056-1-04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -vS' CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW H. BRIGGS. ESQUIRE defendant 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 dare on s:hich the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to the 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: 4/05199 ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT DE11-096340 92-056-r-0!5 C0MI-I0I1t,TEALTI-I OF PENNSYLVANIA COUNTY OF' DAUPI-IIN IN THE MATTER OF: COURT OF CO.."011 PLEAS DIMITRIOS AND ATHENOS DIMITRAROPOULOS TERM, 0000 VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS Note: see enclosed list of locations ) TO: DAVID ROSENBERG. ESQUIRE FICS on behalf of ANDREW H. BRIGGS. 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. 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 FICS office. DATE: 3/15/99 MCS on behalf of ANDREW H. BRIGGS. ESOUIF.E Attorney for DEFENDANT CC: ANDREW H. BRIGGS, ESQUIRE - DIMITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA ?A 19103 (215) 246-0900 DE02-087343 9 2 0 5 6- C O 3.. r•. R >>> LOCAT:0!7 LIST <<< PA: E-: I MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER JOHN A. FORNADLEY, M.D. DAVID KENNEDY, M.D. UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF PENNSYLVANIA POLYCLINIC MEDICAL CENTER POLYCLINIC MEDICAL CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL ac DE02-087343 9 2 0 5 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIMITRIOS 6 ATHENOS DIMITRAKOPOULOS -VS- FOUAD GEADAH File No. 592 S 1999 TO: CUSTODIAN OF RECORDS FOR: UNIVERSITY OF PENN (None of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, #800, PHILADELPHIA, 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 patty 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: IN AM E: ANDREW H. BRIGGS, ESQUIRE ADDRESS: 1800 JFK BLVD. 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE : (215) 246-0900 SUPREME COURT ID M ATTORNEY FOR: DEFENDANT DATE: 4/5/99 Seal of the Cwn Proth. - 73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM 3400 SPRUCE STREET PHILADELPHIA, PA 19104 RE: 92056 DIMITRIOS DIMITRAKOPOULOS ANY AND ALL MEDICAL RECORDS INCLUDING BUT NOT LIMITED TO IWOUT PATIENT, ER, CLINIC VISITS, OFFICE RECORDS, STUDIES, REPORTS, ETC. 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 : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, 11ARRISBURC, PA 17102 Social Security N: 192-70-3678 Date of Birth: 03-21-62 SU10-180116 92056-1-05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW H. BRIGGS, ESQUIRE defendant 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 the 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: 4/05/99 ANDREW H. BRIGGS, ESQUIRE Attorney for DEFENDANT DE11-096341 9 2 0 5 6-T-06 COMMONWEAL-TH OF PE1JNSyL-VANJA COUN'I'y OE-' ]DALJPHMN IN THE MATTER OF: COURT OF COK4311 PLEAS DIMITP,IOS AND A7HEt10S DIMITPJ,};OPOULCS TERM. 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH I ( Note: see enclosed list of locations ) TO: DAVID ROSENBERG. ESQUIRE MCS on behalf of ANDREW H. BRIGGS ESQUIRE identical to the one that is attached to this notice. Youohavevtwenty ( ( 20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the sub),oena may 9.2 be 6. served pursuant to the applicable Pennsylvania Pules of Civil P,-ocedurc purscopies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MS or by contacting our local MCS office. DATE: 3/15/99 MCS on behalf of CC: ANDP.EW H. BRIGGS, ESQUIRE - DIMITP,AY.OPOULOS Any questions regarding this matter, contact ANDREW H. BRIGGS. ES UIEE Attorney for DEFEIIDANT THE MCS GROUP, 11,C, 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 Y? DE02-067363 9 2 0 5 G_ C O 1 ???. >>> LOCATION LIST <<< HV:.: RECORDS REQUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL Y.-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER JOHN A. FORNADLEY, M.D. DAVID KENNEDY, M.D. UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF PENNSYLVANIA POLYCLINIC MEDICAL CENTER. POLYCLINIC MEDICAL CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL F DE02-087343 9 2 0 5 6- C O 1 COWNIONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIMITRIOS b ATHENOS DIMITRAROPOULOS -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: UNIVERSITY OF PENN (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: SEE ATTACHF.f) at THE MCS GROUP, INC., 1601 MARKET STREET, 11800, PHILADELPHIA, 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: ANDREW H. BRIGGS, ESQUIRE ADDRESS: 1800 JFK BLVD. 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID # ATTORNEY FOR: DATE DEFENDANT 4/5/99 Sul of the court Protb. • 73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM 3400 SPRUCE STREET PHILADELPHIA, PA 19104 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDE ANY AND ALL REPORTS AND STUDIES. Any and all X-Rays pertaining to patient. Dates Requested: up to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security M: 192.70-3678 Date of Birth: 03-21-62 SU10-180778 9 2 05 6- r- 0 6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANDREW H. BRIGGS, ESQUIRE defendant 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 the 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: 4/05/99 ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT DE11-096342 92056-T-07 COI-U-I0I'I1L,;EALTf3 OF PENNS:YILVANIA COUNTY OF DAUPHIN IN THE HATTER. OF: COURT OF COM.`ION PLEAS DIMITR.IOS AND ATHENOS DIMITR.AROPOULOS TERM, 0000 Vs- CASE 140: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ) TO: DAVID R.OSENBERG. ESQUIRE MCS on behalf of ANDREW H. BRIGGS. 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS cr by contacting our local MCS office. DATE: 3/15199 HCS on behalf of ANDREW H. BRIGGS. ESQUIRE Attorney for DEFENDANT CC: ANDREW H. BRIGGS, ESQUIRE - DIIIITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 HARFET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-087343 9 2 0 5 6- C O 1 F: >>> LOCAT:G!7 LIST <<< FAVE: RECORDS REQUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER. MEDICAL, BILLING, AND X-RAY(S) MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) JOHN A. FORNADLEY, M.D. MEDICAL AND HOSPITAL BILL DAVID KENNEDY, M.D. Y.-RAY ONLY UNIVERSITY OF PENNSYLVANIA MEDICAL AND HOSPITAL BILL UNIVERSITY OF PENNSYLVANIA X-RAY ONLY POLYCLINIC MEDICAL CENTER. MEDICAL AND HOSPITAL BILL POLYCLINIC MEDICAL CENTER. X-RAY ONLY HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DE02-087343 92056-C02. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIMITRIOS 6 ATHENOS DIMITRAKOPOULOS -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PRODUCE DO MFNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC MEDICAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documenLs or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, 8800, PHILADELPHIA, 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: NA%IE: ANDREW H. BRIGGS, ESQUIRE ADDRESS: 1800 JFR BLVD, 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID It ATTORNEY FOR: DEFENDANT DATE: 4/5/99 Seal of the Conn Froth. - 73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC MEDICAL CENTER 2601 NORTH THIRD STREET HARRISBURG, PA 17110 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING BUT NOT LIMITED TO IN-I'ATIENT/OUT-PATIENT/Eli/CLINIC VISITS, OFFICE RECORDS, STUDIES, REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any ex:onination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 223 BOAS STREET, HARRISBURG, PA 17102 Social Security N: 192-70-3678 Date of Birth: 03.21-62 SU10-180180 92056-1-07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE HATTER OF: COURT OF COMMON PLEAS DIHITRIOS AND ATHENOS DIHITRAKOPOULOS TERM, 0000 -vs_ CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 HCS on behalf of ANDREW H. BRIGGS ESQUIRE defendant 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 the 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: 4/05/99 ANDREW %0!R IGS, ESQUIRE Attorney DEFENDANT DEII-096343 9 2 0 5 6- L 0 8 COMMOIJt.'EALTH OF PENNF:1-L,VANIA COUNTY OF DAUPHIN IN THE PATTER OF: COURT OF COPLMON PLEAS DIMITP.IOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENI'S [ Note: see enclosed list of locations ] TO: DAVID ROSENBERG. ESQUIRE MCS on behalf of ANDREW H. BRIGGS. 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil ?rocedu.-e 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS o by contacting our local MCS office. DATE: 3115/99 MCS on behalf of ANDREW H. BRIGGS, ESOUiRE Attorney for DEFENDANT CC: ANDREW H. BRIGGS, ESQUIRE - DIMITRAROPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19101 (215) 246-0900 DE02-051343 9 2 0 5 6- C O 1 i R ,t t: >>> LOCATi:N LIST <<< AiC-.: MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER. MILTON HERSHEY MEDICAL CEN-.ER JOHN A. FORNADLEY, M.D, DAVID KENNEDY, M.D. UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF PENNSYLVANIA POLYCLINIC MEDICAL CENTER. POLYCLINIC MEDICAL CENTER HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL DE02-087343 92056-COI COMMOMNIALTH OF PENNSYLVANIA COUNTY OF DAUPHLN DIMITRIOS 6 ATHENOS DIMITRAVOPOULOS -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PRODUCE DOCUM NTS OR THINGS FOR DISCOVERY PURSUANT TO RU F 4009.22 TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, P800, PHILADELPHIA, 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 ANDREW H. BRIGGS, ESQUIRE ADDRESS: 1800 JFR BLVD. 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID p ATTORNEY FOR: DEFENDANT DATE: 4/5/99 Proth. - 73 Sed of the Coun EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: POLYCLINIC MEDICAL CENTER 2601 NORTH THIRD STREET HARRISBURG, PA 17110 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING CT IMAGING SCANS OF 5/22/96, ANY AND ALL REPORTS AND STUDIES Any and all X-Rays pertaining to Patient. Dates Requested: up to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security #: 192.70.3678 Dale of Birth: 03-21.62 .is SU10-180782 92-056-L.08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ ANDREA H. BRIGGS ESQUIRE defendant 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 the 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: 4/05/99 ANDREW H. BRIGGS, ESQUIRE Attorney for DEFENDANT DEII-096344 92056-1-09 C O MMO N WE A L T H OF P E N N S Y L V^ N I A COUNTY OF DAUPI-IIIJ IN THE MATTER OF: COURT OF COMMON PLEAS DIMITP,IOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS Note: see enclosed list of locations J TO: DAVID ROSENBERG, ESQUIRE MCS on behalf of ANDREW H. BRIGGS, 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedu,-e 4009.24. 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: 3/15/99 MCS on behalf of _ANDREW H, BRIGGS, ESQUIR° Attorney for DEFENDANT Pi CC: ANDREW H. BRIGGS, ESQUIRE - DIMITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP. INC. 1601 MARKET STREET 1800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-057343 9 2 0 5 6- C 0 1. >>> LOCATION LIST <<< -A: : RECORDS REQUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL MILTON HERSHEY MEDICAL CENTER X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MEDICAL, BILLING, AND X-RAY(S) JOHN A. FOP.NADLEY, M.D. MEDICAL, BILLING, AND X-RAY(S) DAVID KENNEDY, M.D. MEDICAL AND HOSPITAL BILL UNIVERSITY OF PENNSYLVANIA X-RAY ONLY UNIVERSITY OF PENNSYLVANIA MEDICAL AND HOSPITAL BILL POLYCLINIC MEDICAL CENTER X-RAY ONLY POLYCLINIC MEDICAL CENTER, MEDICAL AND HOSPITAL BILL HOLY SPIRIT HOSPITAL X-RAY ONLY HOLY SPIRIT HOSPITAL DE02-087343 92056-003- COMMONWEALTH OF PEN NSYLVAN IA COUNTY OF DAUPHIN DIMITRIOS 6 ATHENOS DIMITRAKOPOVLOS -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PROD 1C D rIMENTS no THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, 11800, PHILADELPHIA, 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 :_ ANDREtd H. BRIGGS ESQUIRE ADDRESS: 1800 .IFK BLVD, 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID tt ATTORNEY FOR: DEFENDANT DATE :_ 4/5/99 Seal of the Court Proth. - 73 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING BUT NOT LIMITED TO IN-PATIENT/OUT-PATIENT/E12/CLINIC VISITS, OFFICE RECORDS, STUDIES, REPORTS, ETC. Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dales Requested: tip to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security #: 192.70.3678 Date of Birth: 03.21.62 SU10-180784 92056-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS DIMITRIOS AND ATHENOS DIMITRAKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ANDREW H. BRIGGS ESQUIRE defendant 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 the 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: 4105199 ANDREW H. BRIGGS ESQUIRE Attorney for DEFENDANT DE11-096345 92056-Ir10 COMMONWZAl-7'H OF PIEt-JNSYLVANIn COUN'T'Y OF DAU1'1d I fl IN THE MATTER OF: COURT OF COMMON PLEAS DIMITP,IOS AND ATHENOS OIMITP.AKOPOULOS TERM, 0000 -VS- CASE NO: 592 S 1999 FOUAD GEADAH NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ( Note: see enclosed list of locations ) TO: DAVID ROSENBERG, ESQUIP.E MCS on behalf of ANDREW H. BRIGGS 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 no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Pules of Civil Procedure 4009.24. 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: 3/15199 MCS on behalf of ANDREW H. BRIGGS, ESOUIRE y( Attorney for DEFENDANT CC: ANDREW H. BRIGGS. ESQUIRE - DIMITRAKOPOULOS Any questions regarding this matter, contact THE MCS GROUP, INC. 1601 MARY-ET STREET /800 PHILADELPHIA PA 19103 (215) 246-0900 <`gyii DE02-087343 9 2 0 5 6- C 0 a_ >>> LOCATiON LIST «< A.CE: RECORDS REOUESTED LOCATION NAME MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL, BILLING, AI;D X•-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MEDICAL AND HOSPITAL BILL X-RAY ONLY MILTON HERSHEY MEDICAL CENTER MILTON HERSHEY MEDICAL CENTER JOHN A. FORNADLEY, M.D. DAVID KENNEDY, M.D. UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF PENNSYLVANIA POLYCLINIC MEDICAL CENTER POLYCLINIC MEDICAL CENTER. HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL r DE02-087343 9 2 0 5 6- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHLN DIMITRIOS 6 ATHENOS DIMITRAKOPOULOS -VS- FOUAD GEADAH File No. 592 S 1999 SUBPOENA TO PRODUCE DOCUMENT OR THINGS FOR DISCOVERY PURSUANT TO RU 4009.22 TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL (None of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: SEE ATTACHED at THE MCS GROUP, INC., 1601 MARKET STREET, #800, PHILADELPHIA, P (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 ha% a 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 : ANDREW H. BRIGGS, ESQUIRE ADDRESS: 1800 JFK BLVD. 19TH FLOOR PHILADELPHIA, PA 19103 TELEPHONE : (215) 246-0900 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT DATE : 4/5/99 Froth. - 73 sat or uK court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 N. 21 ST STREET CAMP HILL, PA 17011 RE: 92056 DIMITRIOS DIMITRAKOPOULOS INCLUDING ANY AND ALL REPORTS AND STUDIES. Any and all X-Rays pertaining to patient. Dales Requested: up to and including the present. Subject : DIMITRIOS DIMITRAKOPOULOS 224 BOAS STREET, HARRISBURG, PA 17102 Social Security!/: 192-70.3678 Dale of Birth: 03-21-62 SU10-180786 92-056-1-3.0 r.. cam. cc Dail) _nterGU by 240 GRANDVIEW AVENUE CAMP HILL, PA 17011 (717) 731-1970 FOUAD GEADAH, M.D., F.A.C.S. P.C. DIMITRIOS DIMITRAKOPOULOS and his IN THE COURT OF COMMON wife ATHENA DIMITRAKOPOULOS PLEAS Plaintiffs DAUPHIN COUNTY, PENNSYLVANIA V. NO. 592 S 1999 FOUAD GEADAH, M.D. and CIVIL ACTION - LAW FOUAD GEADAH, M.D., F.A.C.S., P.C. Defendants JURY TRIAL DEMANDED STIPULATION It is hereby agreed and stipulated between the undersigned that all allegations and claims against FOUAD GEADAH, M. D., F. A. C. S., P. C., are stricken and heretofore the caption shall read "DIMITRIOUS DIMITRAKOPOULOS and His Wife ATHENA DIMITRAKOPOULOS v. FOUAD GEADAH, M. D." Respectfully submitted, HANDLER, HENNING & ROSENBERG Attorneys for Plaintiffs By RG, ESQ. Date: ATE Respectfully submitted, POST & SCHELL, P. C. Attorneys for Defendant By _ NDREW lJii. IGGS, ESQ. Date:__ APP OV ELF Q E eT : J, I, JOANN P. TRESCO, an employee of the firm of POST & SCHELL, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, first-class, postage prepaid: David H. Rosenberg, Esquire Handler, Wiener, Henning & Rosenberg P.O. Box 1177 Harrisburg, PA 17108-1177 i ANN P. TRESCO, Paralegal Dated: I;??/?I9 t F'Y :z co ? (n U WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 ATTORNEY FOR: Plaintiff DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 ENTRY OF APPEARANCE Please enter my appearance as counsel of record for the Plaintiffs in the above-captioned matter. WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WI WEILER, P.C. B i )DanA Jeck, Esquire Attorney for Plaintiffs WITHDRAWAL OF APPEARANCE Please withdraw my appearance as counsel of record for the Plaintiffs in the above- captioned matter. BY: /G7//? / David Rosenb g, Esquire Attorney for /Plaintiffs Luc? CU N -? A DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS, Plaintiffs V. FOUAD GEADAH, M.D., : and FOUAD GEADAH, M.D., F.A.C.S., P.C., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5992 CIVIL TERM RT ORDER OF COI I AND NOW, this Aay of April, 2000, upon consideration of Plaintiffs' Motion to Compel Defendant, Dr. Geadah's Answers to Interrogatories and Responses to Request for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Daniel Jeck, Esq. 1634 Spruce Street Philadelphia, PA 19107 Attomey for Plaintiff Andrew H. Briggs, Esq. 240 Grandview Avenue Camp Hill, PA 17011 Attomey for Defendant :rc BY THE COURT, nth,;?Sy(;in? JIV%Y 4. APR 19 mg v, WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.U. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. ORDER NO. 99-5992 AND NOW, this day of , 2000, upon consideration of the Plaintiffs' Motion to Compel Discovery and any response thereto, it is ORDERED and DECREED that the Defendant, Fouad Geadah, MD, shall file full and complete answers to Plaintiffs Interrogatories and Responses to Request for Production within fifteen (15) days or be subject to sanctions upon further applications to the Court. BY THE COURT: J. WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 PLAINTIFFS' MOTION TO COMPEL DEFENDANT, DR. GEADAH'S ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Plaintiffs, Dimitrios and Athena Dimitrakopoulos, have filed this medical malpractice claim against the Defendants, Fouad Geadah, MD and Fouad Geadah, MD, FACS, PC . The nature of the case is a cerebral sinus fluid leak resulting from sinus surgery performed on Plaintiff, Dimitrios Dimitrakopolus by Defendant, Fouad Geadah, MD on February 27, 1997 which went undetected. 2. Interrogatories were served on counsel for Defendant by regular mail on February . 3, 2000, a verbatim copy of which are attached as Exhibit "A". 3. On March 8, 2000, Plainti ffs' counsel wrote to counsel for the Defendant response to the discovery requests. A copy of this correspondence is attached as Exhibit "B". 4. To date, no answers to Interrogatories nor response to Request for Production ?r Documents nor objections to same have been received by Plaintiffs' counsel. Plaintiffs are prejudiced in their ability to prepare for trial on account of Defendants' failure to respond to discovery requests. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order compelling Defendant to file full and complete answers to Plaintiffs discovery requests or suffer sanctions upon further applications to the Court. WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WINKLER, & ROTHWEILER, P.C. DA I L DECK, E WEINSTEIN, GOSS, SCHLEIFER, EISENBERG; WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and COURT OF COMMON PLEAS his wife, ATHENA DIMITRAKOPOULOS OF CUMBERLAND COUNTY CIVIL ACTION - LAW V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. NO. 99-5992 TO: Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Attorney for Defedants (717) 731-1970 The parties have attempted to resolve the issue of outstanding discovery, including extending the time to answer, as evidenced in Plaintiffs' motion. Attorney for Plaintiffs 1634 Spruce Street Philadelphia, PA 19103 215-546-6610 WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 CERTIFICATION OF SERVICE TO: Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 I do hereby certify that the service of a true and correct copy of the within Motion to Compel Discovery was made on the ay of April, 2000, to the counsel above named by United States mail, postage pre-paid. WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, A i Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Re: Dimitrakopoulos v. Geadah CCP Cumberland County, No. 592 S. 1999 Dear W. Briggs: Enclosed please find Plaintiffs' Interrogatories and Request for Production of Documents addressed to Defendant Fouad Geadah, M.D. Please provide responses to the above discovery requests in accordance with the time prescribed by the applicable Rules of Civil Procedure. Very truly yours, DANIEL JECK DJ/sfs i Enc. 'EINSTEIN, GOSS, SCHLEIFER, E WINIMER & ROTHWEILER, P.C. By' Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 L TRI SO1MI DIMITRAKOPOULOS and his fie, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. ATTORNEY FOR: Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 REQUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO PA.RC.P. 4009 DIRECTED TO DEFENDANT. FOUAD GEADAIf M.D. Plaintiff, through counsel, WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WINKLER & ROTHWEILER, P.C., hereby requests that Defendant,'Fouad Geadah, M.D., produce for inspection and copying the below-listed documents. Said inspection and copying shall take place at 1634 .Spruce Street, Philadelphia, Pennsylvania, on thirty (30) days from the date of this Request. REQUEST FOR PRODUCTION 1. All records of office visits of Defendant Doctor, pertaining to the treatment, care, diagnosis and prognosis of Plaintiff, from the date he was first seen by Defendant Doctor. 2. Copies of all correspondence relating to Plaintiff both received or sent by Defendant Doctor, or any other person associated with Defendant Doctor. Any and all reports sent by other physicians, hospitals or institutions to Defendant Doctor, concerning Plaintiff, whether same were prepared in anticipation of litigation or not. j_ 4. Any and all reports, memoranda or other written statements concemu. , Plaintiff, sent by defendant, other than those sent directly to your attorney, retained for the instant action. 5. A photostatic copy of like reproduction of each and every statement previously made to defendant or your representatives by any of the persons present during the examination of plaintiff while he was a patient of Defendant Doctor. 6. All claims and investigation files of anyone representing defendant for the instant incident, excluding from this request references in said files to mental impression, conclusions or opinions representing the value or merit of the claim or defense or representing strategy or tactics, and further excluding privileged communications from counsel contained within said file. Any and all expert reports. 8. Any and all films from radiographic studies performed on Plaintiff. 9. Any and all billing materials pertaining to the care and treatment of Plaintiff. Respectfully submitted, K, GOSS, SCHLEIFER, EISENBERG, & ROTHWEILER, P.,, for Plaintiff -2- CERTIFICATE OF SERVICE Daniel Jeck, Esquire, hereby certifies that the foregoing Plaintiffs' Request for Production of Documents Addressed to Defendant, Fouad Geadah, M.D., was served on counsel for Defendant on the date noted below via first class mail, addressed as follows: Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Respectfully submitted, WEINSTEIN, GOSS, SC1H EIFER, EISENBERG, WHOMER & ROTH{WEILER, P.C. BY. 4-I Q,(LC Daniel Jeck, Esqui e Attorney for Plaintiff' Dated: .,;11 ?6--p WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 PLAINTIFFS' INTERROGATORIES ADDRESSED TO DEFENDANT FOUAD GEADAH M.D. Plaintiffs serve the within Interrogatories on Defendant, Dr. Fouad Geadah, and makes demand that Defendant answer same within the thirty (30) day period established by the Rule. These Interrogatories are continuing, and any information secured subsequent to the filing of your Answers is to be supplied pursuant to Pa.R.C.P. 4007.4. The term "you" includes yourself, your agent or anyone representing you. Set forth the following details regarding your medical education and preparation for practice: (a) Medical school(s) attended, dates of attendance and year of graduation. \ (b) Place and period of internship. (c) Nature of subjects covered during internship. (d) Names and specialties of physicians who trained you during internship. (e) Place and period of residency. 2 ` (f) Subject of residency. i (g) Names and specialties of physicians who trained you during residency. (h) Nature and period of any graduate studies and where they were pursued. (i) Inclusive dates of any Armed Forces service. 3 0) Nature of Armed Forces service, including nature of any medical experiences. 2. Set forth the name of each medical organization with which you are affiliated or of which you are a member. 3. If you have ever been certified by any specialty board, or if you are now or have been a member of any specialty board, get forth the following: (a) The name and address of each specialty board. 4 (b) The dates you were certified or became a member. .r (c) If you are no longer certified or a member, give the date your certification or membership was termination and the reason for same. 4. Identify all publications, including but not limited to, papers, journal articles, letters to the editor, textbooks, symposiums, etc„ which you authored or contributed to, including the title of the work, the name of the periodical or book in which it was printed, the pages you wrote and the date of its printing. 5 . is 5. Identify by author, title and year of publication, every textbook in otolaryngology which you had in your office from 1995 through 1996. 6. Identify by author, title and year of publication, every textbook in otolaryngology which you regularly referred to and/or relied upon from 1995 through 1996. 7. Set forth the name of each medical journal you subscribed to in 1995 through 1996. 8• Set forth the name of each medical journal you read regularly in 1995 through 1996. 9. Identify each office, clinic, or other location, relating to the practice of medicine, maintained by you or in which you otherwise worked, subsequent to your internship or residency and set forth the inclusive dates you maintained each such location. 10. Set forth the names of all hospitals with which you were affiliated prior to 1996. 'j 7 (a) responsibilities. • '1 With respect to each such hospital, set forth your positions and Al. Set forth the names of all hospitals with which you are presently affiliated. (a) With respect to each hospital, set forth your position(s) and responsibilities. 12. Were you associated, or in partnership with any other medical practitioner at the i time of the occurrences which are the subject of this action? 8 13. If so, state: (a) The name, address, specialty and qualifications of each person with whom you were associated or in partnership. (b) The nature of your business relationship to such person. (c) The terms and conditions of the relationship. (d) The date you formed the relationship. 9 (e) Whether the relationship still exists and, if not, the reason and date it was terminated. (f) Whether any written agreement existed between you and your associates or partners and, if so, the name and address of the person who has custody of the agreement. 14. Set forth the dates you had professional contact with the Plaintiff. (a) Please consider this a request to produce all records relating to said professional contact. 10 15. State whether you were covered by or were the subject of any policy of liability insurance for the injuries arising out of the instant case. 16. If the answer to interrogatory No. 17 is in the affirmative, state the following as to each such policy of insurance: (a) The name of each insured under the policy. (b) The period of the policy. 11 (c) The amount of coverage provided by the policy for bodily injury liability for each person, for each occurrence and in the aggregate. (d) The amount of coverage remaining for satisfaction of judgment in this case. (e) The type of policy. (f) The name of the carrier by which the policy was issued. 12 17. If the answer to Interrogatory No. 17 is in the affirmative, state whether any !exclusion under the policy is, or may be, applicable to any claim presented by Plaintiffs Complaint. 18. If the answer to Interrogatory No. 19 is in the affirmative, state the precise language of each exclusion which is or may be applicable, and in some reform, the facts on the basis of which it is contended each such exclusion is or may be applicable. 19. State whether this case is being defended by the attorney who has entered his appearance on your behalf, subject to a reservation of rights agreement between you and your insurance carrier. SLfY i J3 13 i 20. If the answer to Interrogatory No. 21 is in the affirmative, as to each reservation of rights agreement, state the following: (a) The name of each party to the agreement. (b) The date the agreement was entered into. (c) According to your information, what is the stated position of the carrier as to the reservation of rights? 21. At the time of this incident, was Defendant covered by one or more insurance policies providing coverage for liability in excess of the applicable basic policy, including but not 14 limited to any personal or family coverage, excess coverage, "umbrella" policy, "catastrophe" policy, or any other such additional coverage? If so, as to each such policy state the following: (a) The name of the carrier issuing the policy. (b) The amount of coverage provided. 22. Did you ever consult with any other physician in connection with the care and treatment of the patient? If so, please set forth: (a) The date(s) of the consultations. 15 ?.7 (b) The identity of the physician. above. (c) The subject matter of the consultation. (d) Action taken as a result of the donsultation. ?.1 (e) The identity of documents relating to the consultation. (f) Please consider this a request to produce the documents referred to in (e) 16 23• State the name and last known address of each person who: (a) Was a witness to the treatment, surgery or examination through sight or hearing. (b) Has knowledge of facts concerning the happening of the treatment, surgery or examination or conditions or circumstances at the time of the treatment, surgery or examination prior to, after or at the time of the occurrt:nce which is the subject of this suit, excepting those persons who acquired such knowledge during the course of this litigation. 24. With respect to each person identified in the answer to Interrogatory No. 25(a), state that person's exact location and activity at the time of the treatment, surgery or examination. 17 1 25. Have you, or anyone acting on your behalf, obtained from any person any i statement concerning this action or its subject matter? If so, state: (a) The name and last known address of each such person. (b) When, where, by whom and to whom each statement was made, and whether it was reduced to writing, or otherwise recorded. (c) The name and address of any person who has custody of any such statements that were reduced to writing or otherwise recorded. 18 (d) Please consider this a request to produce those statements referred.to in the above answer. VV 26. Have you given any statement concerning this action or subject matter? If so, please state: (a) The name and address of each person to whom a statement was given. (b) When and where each statement was given. (c) Please consider this a request to produce the statements referred to in the above answer. 19 27. _ Do you know of the existence of any photographs, diagrams, or models of the surrounding area or the areas'of the treatment, surgery or examination, or any other matters or things involved in this treatment, surgery or examination? 7 28. If the answer to Interrogatory No. 29 is in the affirmative, state: (a) The date(s) when such photographs, diagrams or models were made. (b) The name and address of the party making them. 20 (c) Where they were made. (d) The object(s) or subject(s) each photograph, diagram or model represents. (e) Please consider this a request to produce the photographs, diagrams and/or models referred to in the above. 29. Have you, or anyone on your behalf, conducted any investigations of the treatment, surgery or examination which is the subject matter of this Complaint? 30. If the answer to Interrogatory No. 31 above is in the affirmative, state: 21 (a) The name, address and employer of all persons who conducted any investigations. I (b) The dates of the investigations. (c) The dates of any reports of any investigations and the identity of the persons who have possession thereof. (d) Please consider this a request to produce your investigation reports, except those portions which are protected from discovery by Pa.R.C.P. 4003.3. 22 31. Identify by name and address each and every person whom you expect to call as an i expert witness at the trial of this claim. As to each witness, state: (a) Ile subject matter on which he is expected to testify. 'l. (b) The facts and opinions to which he is expected to testify. (c) A summary of the grounds for each opinion. (d) Whether the facts and opinions listed in (b) above are contained in a written report, memorandum or other transcript, and if they are, give the name and address of the 23 1 present custodian of same and state whether you will produce the same without the necessity of a Motion. i ,I (e) If the opinion of any expert listed above is based in whole or in part on any scientific rule or principle, set forth the said rule or principle. (f) If the opinion of any expert listed above is based in whole or in part on any code, regulation or standard, governmental or otherwise, identify the said code, regulation or standard and specifically set forth the section relied upon. 24 V l??[ (g) If the opinion of any expert listed above is based in whole or in part upon any scientific or engineering textbook or other publication, identify said text or publication. i (h) If the expert has testified in court or by way of oral deposition within the past ten years, describe the court involved, set forth the caption of the case, the date of testimony and the name and address of the attorney calling said expert as a witness. 32. With respect to each person you expect to call as an expert witness at the trial of this matter, state: (a) His age, residence and business address. 25 (b) The name and address of his present employer, or if self-employed, the name and address of the business and his occupation. (c) The name and address of every person or firm who employed the expert for the last ten years and a detailed description of all duties at each place of employment. If the expert was self-employed, state specifically and in detail the description of his duties and responsibilities. (d) His education background, specifying colleges attended, dates of attendance, degrees attained and a detailed list of all writings prepared by the expert or in which the expert participated in any way whatsoever. 26 33. If you deny you were negligent, set forth the facts that support the basis of your denial. 34. Do you claim that Plaintiff was contributorily or comparatively negligent and/or assumed the risk? 35. If the answer to Interrogatory No. 36 is in the affirmative, state the contentions of you, or anyone acting on your behalf, upon which you base a claim of contributory or comparative negligence and/or assumption of risk. 27 36. Identify and describe by caption, court, term, number, counsel of record, basis of claims, status of action, judgment and/or settlement reached, each action which you have been named as a defendant in a medical malpractice action. 37. Identify and describe any formal or informal complaints that have been lodged or otherwise made against you with any professional or nonprofessional organizations or societies, groups, licensing boards, etc., or with any of the hospitals with which you have practiced or been associated. 38. Identify and describe and warnings, reprimands, or disciplinary actions taken against you by reason of any acts or omissions on your part in the diagnosis, examination, attendance, care and treatment of a patient. 28 39. Identify and describe by caption, court, term, number, counsel involved and circumstance, each occasion when you have given sworn testimony in either a legal or nohlegal proceeding. Respectfully submitted, WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WINKLER & ROTHWEMEER, P.C. BY: "j c.' Daniel Jeck, Esquire Attorney for Plaintiff 29 CERTIFICATE OF SERVICE DanielLJeck, Esquire, hereby certifies that the foregoing Plaintiffs' Interrogatories Addressed to Defendant, Fouad Geadah, M.D., was served on counsel for Defendant on the date noted below via first class mail, addressed as follows: Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Respectfully submitted, WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WINHI.ER & ROTHWEILE?R, P.C. BY: < ?f?t Daniel Jeck, Esquire Attorney for Plaintiff Dated: DA5k,6l, .... n r i r March 8, 2000 Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Re: Dimitrakopoulos v. Geadah . CCP Cumberland County, No. 592 5.1999 Dear Mr. Briggs: On February 3, 2000, our office forwarded Plaintiffs Interrogatories and Request for Production of Documents addressed to Defendant Fouad Geadah, M.D. As of this date, we have not received Defendant's answers to our discovery request. Please forward your Answers to our discovery requests as soon as possible in order to avoid the necessity of filing an appropriate Motion to Compel with the Court. i Ci L O M 1 , JAMES A. KISE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PENNSYLVANIA OFFICE SERVICES GROUP and LINDA TILL,: Defendants NO.99-5210 CIVIL TERM f ORDER OF .O JRT AND NOW, this `l day of June, 2000, upon consideration of Plaintiff's Objection to Subpoena and Motion for Protective Order, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Kenneth A. Wise, Esq. 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-01489 Attorney for Plaintiff 19.3 Chadwick 0. Bogar, Esq. P.O. Box 825 Harrisburg, PA 17108-0825 Attorney for Defendants :rc L.14.0a JUN - 7 200a j poOZ-,L ='ionr ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. KISE, CIVIL ACTION- LAW Plaintiff No. 99-5210 CIVIL V. PENNSYLVANIA OFFICE SERVICES GROUP, and LINDA TILL Defendants JURY TRIAL DEMANDED ORDER AND NOW, to wit, this day of 2000, in response to the Objection to the Subpoena and Motion for Protective Order filed by Plaintiff in this action on or about May 11, 2000, it is hereby ordered that this matter be heard before the undersigned on the day of , 2000, at o'clock - m. in courtroom Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: . J. I- C) If t fl + ! m O W I.r fn 'S r0 Y, N Wy)J?} P w rq w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. KISE, Plaintiff V. PA OFFICE SERVIICES GROUP, and LINDA TILL, Defendants CIVIL ACTION - LAW No. 99-5210 CIVIL JURY TRIAL DEMANDED OBJECTION TO SUBPOENA AND MOTION FOR PROTECTIVE ORDER AND NOW, comes Plaintiff by his undersigned counsel and respectfully objects to Defendant's supposed Subpoena as more particularly set forth herein, and requests a protective order, and he sets forth in support thereof as follows: 1. Petitioner herein is Plaintiff. 2. Respondents herein are Defendants Pennsylvania Office Services Group and Linda Till. 3. This is a claim by Petitioner against Respondents for commissions earned but unpaid when Petitioner was in the employ of Respondent PA Office Services Group. 4. On or about April 21, 2000, Respondents served on Petitioner, through counsel, a Notice of intent to Serve Subpoena to Produce Documents. A copy of this Notice and proposed subpoena are attached hereto as Exhibit "A" and incorporated by reference herein. 5. Immediately prior to Petitioner's employ with Respondent Pennsylvania Office Services Group, Petitioner was in the employ of the Pennsylvania State Police. Petitioner was previously employed by the Pennsylvania State Police as a purchasing agent. ti. `.I'hilc working for Respondent PA Office Services Group, Petitioner was employed as a sales agent for office furniture and equipment. Petitioner's personnel records at the Pennsylvania State Police do not bear any relevance to any issue to be presented at trial, nor is such reasonably calculated to lead to discoverable evidence. 8. The discovery of personnel records will result in the revelation of wage information and other private information. As such, it will hold Petitioner up to embarrassment, it will constitute an unreasonable invasion of his privacy, and is harassing to him. WHEREFORE, Plaintiff respectfully makes this objection to the subpoena and moves for a protective order, either prohibiting obtaining of such records in their entirety, or limiting such disclosure, and in any event, directing that any disclosure of records by the Pennsylvania State Police to Respondents be subject to an Order of Non-Disclosure to third parties. Respectfully, Date: / Kenneth A. Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiff/Petitioner J Exhibit "A" .w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. KISE, Plaintiff CIVIL ACTION - LAW NO. 99-5210 Civil V. PA OFFICE SERVICES GROUP and LINDA TILL, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Kenneth A. Wise, Esq. 126 Locust Street P.O. Box 11480 Harrisburg, PA 17108 Defendants, Pennsylvania Office Services Group and Linda Till, intend 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 no objection is made, the subpoena may be served. Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Date: H1Z/ ?2ooc? By: Glenn R. Davis Attorney No. 31040 Chadwick O. Bogar Attorney No. 83755 P.O.Box825 Harrisburg, PA 17108 (717) 761-1880 Attorney for Defendants, PA Office Services Group and Linda Till 55966.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES A. KISE, Plaintiff V. PA OFFICE SERVICES GROUP and LINDA TILL CIVIL ACTION - LAW File No. 99-5210 Civil SUBPOENA TO PRODUCE DOCUMENTS OR THINGS . FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Vera Cartwright, PA State Police, 1800 Elmerton Ave., Bureau of Personnel, Harrisburg, PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Personnel Records of James A. Kise at LATSHA DAVIS & YORE, P.C., 4720 OLD GETTYSBURG ROAD, SUITE- -10S;-MEOHANICSBURG, PA 17055 (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 ATTHE REQUEST OF THE FOLLOWING PERSON: Name Chadwick 0. Bogar, Esq. Address: 4720 Old Gettysburg Road, Suite 101 Mechanicsburg, PA 17055 Telephone: (717) 761-1880 Supreme Court ID # 83755 Attorney For: PA Office Services Group and Linda Till BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court (Eff. 7/97) VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Objection to Subpoena and Motion for Protective Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: O i AMES A. KISE CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Objection to Subpoena and Motion for Protective Order on the following individual by First Class U.S. Mail addressed as follows: Chadwick O. Bogar, Esquire Latsha, Davis, & Yohe, P.C. PO Box 825 Harrisburg, PA 17108-0825 Date: I oo -? nneth A. Wise, Esquire ID No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Plaintiff James A. Kise Y WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. PRAECIPE 1 TO THE PROTHONOTARY: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 Please file the attached Certificate of Service evidencing service of Plainiffs Answers to Defendant's Medical Malpractice Interrogatories, Expert Interrogatories and Plaintiffs Responses to Request for Production of Documents. Respectfully submitted, ROTHWEILER, BY: EISENBERG, Attorney for Plaintiff CERTIFICATE OF SERVICE Daniel Jeck, Esquire, hereby certifies that the foregoing Plaintiffs' Answers to Medical Malpractice Interrogatories, Expert Interrogatories and Responses to Request Production of Documents Propounded by Defendant, Fouad Geadah, M.D., was served on counsel for Defendant on the date noted below via first class mail, addressed as follows: Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Respectfully submitted, WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WINKLER LER, P.C. BY: Da 'el J c Esquire Attorney for Plaintiff Y Dated: 11)60 -s DIMITRIOS DIMITRAKOPOULOS : IN THE COURT OF COMMON PLEAS OF and his wife, ATHENA CUMBERLAND COUNTY, PENNSYLVANIA DIMITRAKOPOULOS, Plaintiffs CIVIL ACTION - LAW vs. NO. 99-5992 CIVIL FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C., Defendants IN RE: MOTION TO COMPEL DEPOSITION ORDER AND NOW, this 1, day of January, 2001, a rule is issued on the defendant to show cause why the relief requested in the within motion to compel deposition ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, Kevin . Hess, J. O z ;L[(} ;'ri 1CL 01 JAN 19 PN I: 08 CuN1PuE`1VNS11V" ? ;? _? ?? "' i =? _, «. ROBERT L MYERS, : IN T11E COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA al"ol - 5q 4? C v i? V. NO. A934I-9?46ff9 CRYSTAL A. MYERS, Defendant. CIVIL ACTION-DIVORCE PROOF OF SERVICE The undersigned makes the following return of service: the Complaint was served upon Crystal A. Myers, the Defendant, on October 25, 2001 at 1425 Apple Drive # 141, Mechanicsburg, Cumberland County, Pennsylvania. The signed receipt is attached as Exhibit 1. SIGNATURE AND AFFIDAVIT action. Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this I verify that the statements made in this affidavit and return of service are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Datcd: /1-510 By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 B t Attorney for Plaintiff .r 4. Restricted Delivery? (Extra Fee) 2. We Number (Copy from service label) 9?2? /sue GLm3 /9s k3 PS Form 3811, July 1999 Domestic Return Receipt /025B5BfrM1leB 11 EXHIBIT 1 - ¦ Complete items 1, 2, and 3. Also complete item 411 Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Ankh Addressed to A. Received by tP/ease Print Cles" I B. Dmgof Delivery c. mgmu C 'Al - ?/'(?/A AO Addresses 'D. address di?man i}yh 1 0 Yes ES, enter delivery address Wow: 13 No 1, 46L A M y?rs I4Z5RW/c ?rivc,,Vlj 3. So?f aTyPa ?? r? ?i7ass ered ' ? E Wrn Rec Melt Mechcln 0 Registered W Returis eipt for Merchandise ,,:, f ] J `i0 ' L! i.. ?i'?J :J[1 U WEINSTEIN, GOSS, SCHLEIFER, EISENBERG WINKLER & ROTHWEILER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMI I KAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THE PROHONOTARY: Kindly with Plaintiffs' Motion to Compel Deposition of Defendant, Fouad Geadah, M.D. Respectfully submitted, WEINSTEIN, GOSS, SCHLEIFER, EISENBERG, WINKLER HWEILER, P.C. BY: Dam , Esquire Attorney for Plaintiff (Y: G ? CV 73 ?_ C uJ W a2 W O U PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ) for trial without a jury C--AP--TI O-N- O--F CASE ----------------------------------------- ------'---- (entire caption must be stated in full) DINUTRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS (plaintiff) V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. (defendant) (check one) ( X) Civil Action - Law ( ) Appeal for Arbitration Signed: Print na The trial list will be called on Tc 121 2x,3 and Trial commence on !~, ??,3 Pretrials will be held on Q?i p 1 m; (Briefs are due 5 days before pr- trials.) (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. 99-5992 Civil Indicate the attorney who will try case for the party who files this praecipe: Daniel 1eck. Esquire. Attorney for Plaintiffs Indicate trial counsel for other parties if known: This case is ready for trial, DATE: (other) Attorney for: Plaintiff ?' _ Cam. Ci` .i_. i i.. ?:; 'r '.U ?i? Cr ?.. t' ?'.I i,r _ iii L•_ ?r? ?> O ? 1 EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. 1634 SPRUCE ST0.HAT PHILADELPHIA, PA 19103 PHONE: ws-%6.6610 FAX : m5•f46•ou9 August 13, 2003 eiEenbeWothweileT.com STIWART J. E153MBERG KENNETH M. RoTHwoura CHARLES JAY SCHUMER NORMAN J. wA1NSTRIN xANCTJ.H. RICHARDT.KvPanVPIRSMRH Pfomd MICHAEL M. GOES rothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 JEPPREYS.LICHTMAN- EwcG.ZAJAC• Re: Dimitrios Dimitrakopoulos v. Geadah oAN1ELJEeE• CCP Cumberland County, No. 592 S. 1999 BRIAN C. HALL. JOHNJ. BAICHRRT' Dear Sir/Madam: Ro2IJ. LLOYD MIAIAL. NRWMAN. .........R. NIB.R Enclosed please find an original and one copy of Plaintiffs' Voir Dire, Plaintiffs' •AU.A....... NY B.. Points for Charge and Plaintiffs' Special Interrogatories with regard to the above- 1930 ROVTE70 A., BLVD. Q captioned matter. Kindly file the originals of record and return a time-stamped copy of CHERRY HILL, N309003 them to me in the stamped envelope provided for our co i PHONIC 856.751.6652 y nven ence. PAS: 856.489.1875 Thank you for your attention to this matter. 601 PENN STRAIT. are. 210 READING, PA19603 PHONE: 610.374.6344 PAx: 610.374.8638 V ry tr 264 BAST BROAD STRAIT Z BITHLAHIM. PA 18016 PHONE: 610.252.9010 4H.E.i MARVIN SCH WAB= E JEC c. ® I EnDJlsfs Enc. cc: Andrew Briggs, Esquire (w/enc.) EISENBERG, ROTHWEILER, SCHLEIFER WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 AUG 18 2003 ATTORNEY FOR: Plaintiff DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 SPECIAL INTERROGATORIES Do you find that the Defendant, Fouad Geadah, M.D., was negligent? Yes No If you answer Question 1 "Yes" go to Question 2. If you answer Question 1 "No" do not answer any further questions and return to the Courtroom. 2. Was the Defendant's negligence a substantial factor in bringing about the harm suffered by Plaintiff, Dimitrios Dimitrakopoulos? Yes No If you answer Question 2 "Yes" go to question 3. If you answer Question 2 "No" do not answer any further questions and return to the Courtroom. 3. State the amount of damages sustained by Plaintiffs. $ Dimitrios Dimitrakopoulos $ Athena Dimitrakopoulos Please return to the Courtroom. AUG 18 2003 EISENBERG, ROTHWEILER, SCHLEIFER WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY FOR: Plaintiff ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 PLAINTIFFS' PROPOSED VOIR DIRE Do you know or have you ever met any of the following persons: 1. Dimitrios Dimitrakopoulos; 2. Athena Dimitrakopoulos; 3. Fouad Geadah, M.D.; 4. John Bogdasarian, M.D.; 5. Joseph Atkins, M.D.; 6. John Fomadley, M.D. 2. Does any member of the panel know Daniel Jeck, Esquire or any member of his firm Eisenberg, Rothweiler, Schleifer, Weinstein & Winkler, P.C. 3. Does any member of the panel know Andrew H. Briggs, Esquire, or any member of his firm, Post & Schell, P.C.? 4. This case involves endoscopic sinus surgery. Has anyone here or a close member of your family had any experience with this type of medical situation? Has any member of the panel or close family member suffer from sinus polyps? 6. Has any member of the panel or close family member ever suffered from a spinal fluid leak or meningitis? Has any member of the panel or close family member treated with Fouad Geadah, M.D.? 8. Has any member of the panel been a patient and received care at Fouad Geadah, M.D., F.A.C.S., P.C.? 9. Has any member of the panel or close family member engaged in body building in the amateur or competitive level? 10. Have you previously served on a jury? If so, was it a civil jury, a criminal jury, or have you served on both? Is there anything about your prior jury experience which would cause you to be able to unfairly try this case? 11. Have you ever been involved in any type of claim for personal injuries, whether arising out of an automobile accident, defective and dangerous product, medical negligence, or any form of accident or incident? 12. Have you ever been involved in any type of claim in which you were sued for damages, or a member of your family was sued for damages? 13. Are you employed by, are you in any business, or are you associated in any way with any company or agency which is in the business of handling claims? 14. Are you related to any attorney whose practice involved the handling of claims? If so, identify the attorney, his firm and the nature of his practice. 15. Is there any member of the panel who, when they hear the term "medical malpractice" without hearing any further information from either party, immediately tends to side with the physician and/or other healthcare providers? -2- 16. Are you or is any member of your family in the health care field, which includes being a doctor, nurse, nurse aide, hospital administrator, medical technician or any other positions of this nature? 17. Are you employed by or in any way associated with a doctor, a medical clinic, or a hospital? 18. Do you or does any member of your family do any business with any person or institution in the health care field? 19. Have you ever had sinus surgery that involved staying overnight at a hospital? 20. Who on this panel has read in the newspaper or books or magazines, or heard on television or radio about a so-called litigation or lawsuit crisis? What have you heard? What has your reaction been? As a result of this information, have you come to this court with any preconceived opinions which will affect you in your service as a juror? If so, in what way? 21. Do you believe that there are too many lawsuits? On what do you base your opinion? How would this affect your view of this case should you be chosen as a juror? 22. Do you believe that there are too many frivolous lawsuits? On what do you base your opinion? How would this affect your view of this case should you be chosen as a juror? 23. Is there anyone on this panel who has read in magazines, books or newspapers or heard on the radio or television anything concerning the amounts of verdicts awarded by juries for personal injury or medical malpractice claims? If so, has this information caused you to form an opinion with regard to the amounts of verdicts, and, if so, what opinions have you formed? Would this influence your actions as ajuror in this case? If so, in what way? -3- 24. Do you believe that there should be a limit or maximum amount of money that can be awarded by a jury? On what do you base this opinion? How would this affect the amount of money you award in this case if you find that the plaintiffs are entitled to receive a verdict? 25. If you award a money verdict for the plaintiff, do you believe that the verdict can in some way affect you personally? If so, in what way? 26. Is there anyone who feels that they cannot award damages for pain and suffering if liability is proven? 27. Assuming that you find that the defendant were responsible for Dimitrios Dimitrakopoulos' injuries, is there any reason why you would be unwilling to award a verdict of money to Mr. Dimitrakopoulos? 28. Assuming that you find that the defendant was responsible for Dimitrios Dimitrakopoulos' injuries, is there any reason why you would award less money because this case involves professional care, as compared to a case involving the operation of an automobile? 29. Do you have any preconceived attitudes or opinions about claims based upon medical care which you believe will affect your ability to decide this case fairly to all the parties concerned? 30. Do you know of any reason why you could not award a full, fair and adequate verdict int his case, should this case be justified by the evidence? 31. Have you or has any member of your family ever made a claim against a doctor, other health care provider, or a hospital, for medical malpractice? If so, explain the circumstances. Would it affect your ability to be an impartial juror? -4- 32. Is there anyone on this panel who feels that a doctor should not be sued if he is responsible for his patient's injuries? 33. Is there anyone who has ever been treated by Dr. Geadah? Has any member of your family been treated by him/her in the past? 34. Is there anyone who believes that, in spite of what the testimony and evidence may indicate, when someone becomes ill it is an act of God and the ultimate outcome is predetermined no matter what anybody else does? 35. Have you or has any member of your immediate family or has any friend ever been injured or damaged by the carelessness or negligence of a doctor or hospital? 36. Do you have any preconceived attitudes or opinions based on past association with, treatment by, or knowledge of a doctor which you believe will affect your ability to decide this case fairly? 37. If you were the plaintiff in this case, would you be satisfied to have a person such as yourself sit as a juror on your case? If you would not be satisfied, please explain. 38. Is there any reason why you could not or would prefer not to sit as ajuror in this case? Respectfully ROTHWEILER, SCHLEIFER, 1 & WINKLER, P.C. ck, Esquire for Plaintiff -5- +I 1', I ?, l EISENBERG, It?THWEILER SCHLEIFER, WEINSTEIN & WINKLER, P.C. 1634 SPRUCE STREET PHILADELPHIMA 1910M719 r f I i 21 E'ISENBERG, ROTHWEILER SCHLEIFER, WEINST13IN & WINKLRR. P.C_ 1634 SPRUCE STREET PHILADELPHIA, PA 19103 Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 S v i i ? f 1 ? . AUG i b 2003 EISENBERG, ROTHWEILER, SCHLEIFER WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DM41TRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS ATTORNEY FOR: Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C NO. 99-5992 PLAINTIFF'S POINTS FOR CHARGE Respectfully submitted, EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. Daniel Jeck, Esquir 1634 Spruce eet Philadelp 'a, PA 19103 (215) 54 6610 BY: ck, Esquire for Plaintiff Professional negligence, also known as medical malpractice, consists of a negligent, careless or unskilled performance by a physician of the duties imposed on him by his relationship with his patient. It is negligence when a physician shows a lack of proper care and skill in the performance of his professional act. Vaughn v. P.T.C., 417 Pa. 464, 209 A.2d 179 (1965); Archer v. Pennsylvania R.R. Co., 166 Pa. Super. 538, 72 A.2d 609 (1950); Pa. SSJI (Civ.) §10.02. 2. If you find that the defendant who treated and cared for Dimilrios Dimitrakopoulos was negligent and that their negligent act(s) or omission(s) were a substantial factor in producing harm to the plaintiff, then defendant will be liable to the plaintiff. 3. In civil cases such as this one, the plaintiff has the burden of proving those contentions which entitle her to relief. When a party has the burden of proof on a particular issue, his contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the plaintiff; onto the other place all of the evidence favorable to the defendants. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the plaintiff, your verdict must be for the plaintiff. If the scales tip in favor of the defendants, or are equally balanced, your verdict must be for the defendants. In this case, the plaintiff has the burden of proving the following propositions: that the defendants were negligent, and that negligence was a substantial factor in bringing about the accident. If, after considering all of the evidence, you feel persuaded that these propositions are more probably true than not true, your verdict must be for the plaintiff. Otherwise, your verdict should be for the defendants. Pa. SSJI (Civ) § 5.50 4. The legal term negligence, otherwise known as carelessness, is the absence of ordinary care which a reasonably prudent person would exercise in the circumstances here presented. Negligent conduct may consist either of an act or an omission to act when there is a duty to do so. In other words, negligence is the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do, in light of all the surrounding circumstances established by the evidence in this case. It is for you to determine how a reasonably careful person would act in those circumstances. Pa. SSJI (Civ) 3.01 S. Where the negligent conduct of the defendant(s) combines with other circumstances and other forces to cause the harm suffered by the plaintiff, the defendant(s) are responsible for the harm if their negligent conduct was a substantial contributive factor in bringing about the harm, even if the harm would have occurred without it. Pa. SSJI (Civ.) §3.27 6. Defendant(s) cannot escape liability because there was a statistical possibility that the harm could have resulted without negligence. The fact that some other cause concurs with the negligence of the defendant(s) in producing an injury does not relieve the defendant(s) from liability unless they can show that such other cause would have produced the injury independently of their negligence. Majors v. Brodhead Hotel, 416 Pa. 265, 205 A.2d 873, 878 (1965); cited with approval in Mitzelfelt v. Kamrin, supra. A physician must have and use the same knowledge and skill and exercise the same care as that which is usually had and exercised in the medical profession. A physician whose conduct does not meet this professional standard of care is negligent. A physician who holds himself out as a specialist in a particular field of medicine must have and use the same knowledge and skill and exercise the same care as that which is usually had and exercised by other specialists in that same medical specialty. A specialist whose conduct does not meet this professional standard of care is negligent. A physician must also keep informed of the contemporary developments in the medical profession or his specialty therein and the physician must use these current skills and knowledge. In other words, a physician is bound to be up to the improvements of the day in medical skills and knowledge and if the physician fails to inform himself or herself of these advances or fails to employ these advances in the medical treatment of a patient, he or she is negligent. A physician must also use the same degree of care as would a reasonable person under the circumstances, and if the physician fails to do so, he or she is negligent. You must decide whether the defendants were negligent in any of these respects. If you find that they were negligent in any of these respects, then you must determine whether the defendants' negligence was a substantial contributing factor in bringing about the plaintiffs injuries. If you so find, you may return a verdict in favor of the plaintiff and against the defendants. (Pa. SSJI (Civ) § 10.03A). 8. A doctor acting within a medical specialty owes to his patients a higher standard of skill, learning, and care than a general practitioner. He is expected to exercise that degree of skill and care normally possessed and exercised by the average physician who devotes special study and attention to the care and treatment of patients with certain types of medical conditions. He must show due regard to the advanced state of the medical profession at the time of the treatment. Pratt v. Stein, 298 Pa. Super. 92, 444 A.2d 674 (1982); McPhee v. Reichel 571 F. Supp. 295 (W.D. Pa. 1983). 9. One who undertakes gratuitously or for consideration to render services to another which he or they should recognize as necessary for the protection of the other's person or things, is subject to liability to the other for physical harm resulting from his failure to exercise reasonable care to perform his undertaking, if his failure to exercise such care increases the risk of harm. (Restatement (Second) of Torts § 323, as adopted by Hamill v. Bashline, 481 Pa. 256, 392 A.2d 1290 (1978). 10. The defendant-physician is legally responsible or liable for the injuries suffered by his patient if the defendants' negligent conduct is a legal cause of those injuries. In order for the negligent conduct to be a legal cause that conduct must have been a substantial factor in bringing about the injuries in question. If the injuries in question would have been sustained even if the physician had not been negligent, then the negligent conduct of the defendant-physician would not be a substantial factor in causing the injuries in question. Stated differently, the negligent conduct of the defendants are a substantial factor in causing his patient's injuries if those injuries would not have been sustained, had the physician not acted in a negligent manner. When a defendant-physician negligently fails to act, or negligently delays in employing indicated diagnostic or therapeutic measures, and his negligence is a substantial contributing factor in causing injuries to his patient, the plaintiff does not have to prove to a certainty that proper care would have, as a medical fact, prevented the injuries in question. If a defendant- physician's negligent action or inaction has effectively terminated his patient's chances of avoiding injuries, they may not raise conjectures as to the measure of the changes that they have put beyond the possibility of realization. If there was any substantial possibility of avoiding injuries and the defendants have destroyed that possibility, they are liable to the plaintiff. A causal connection between the injuries suffered and the defendants' failure to exercise reasonable care may be proved by evidence that the risk of incurring those injuries was increased by the defendants' negligent conduct. The law recognizes that it is rarely possible to demonstrate to an absolute certainty what would have happened in circumstances that the wrongdoer did not allow to come to pass. Pa. SSJI(Civ) §I0.03B 11. In order for the plaintiff to recover in this case, the defendant(s) negligent conduct must have been a substantial factor in bringing about the injuries to Dimitrios Dimitrakopoulos. This is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no connection or only an insignificant connection with plaintiffs harm. Pa. SSJI (Civ.) § 3.25. 12. If you find that the defendant physician(s) failed to exercise reasonable care in undertaking to render professional services to Dimitrios Dimitrakopoulos which he should have recognized as necessary to the protection of Dimitrios Dimitrakopoulos and if you find that this failure increased the risk of physical hann to Dimitrios Dimitrakopoulos and that, in fact, such harm did result, then you may find that this failure(s) caused the injuries to Dimitrios Dimitrakopoulos. Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978) 13. In this case it is admitted that the defendant Fouad Geadah, M.D. was at the time of the occurrence acting as the employee of the other defendant, known as the employer and was engaged in furthering the interests, activities, affairs, or business of his employer. An employer is liable for the negligence of his or her employee occurring while the latter was acting in the course and within the scope of his or her employment. Therefore, if you find the defendant Fouad Geadah, M.D. to be liable then you must find the defendant Fouad Geadah, M.D., FACS, P.C. also liable. If, however, you find the defendant Fouad Geadah, M.D. not liable, then you must find the other defendant not liable also. Pa. SSJI (Civ.) § 4.02 14. A medical malpractice case is a civil action for damages and nothing more. The sole issue is whether the plaintiff has suffered injuries as a result of the defendants' negligence, and is thus entitled to monetary compensation for those injuries. The case does not involve punishment of the defendants, or even criticism of their professional abilities, beyond the facts of this matter. The claim does not involve the defendants' reputation, their medical practice, or their rights as licenses physicians. Therefore, no thought should be given to these irrelevant considerations in reaching a verdict in the case. Pa. SSJI (Civ.) § 10.07 I5. The number of witnesses offered by one side or the other does not, in itself, determine the weight of the evidence. It is a factor, but only one of many factors which you should consider. w Whether the witnesses appear to be biased or unbiased; whether they are interested or disinterested persons, are among the important factors which go to the reliability of their testimony. The important thing is the quality of the testimony of each witness. In short, the test is not which side brings the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may out weigh that of many, if you have reason to believe his testimony in preference to theirs. Obviously, however, where the testimony of the witnesses appear to you to be of the same quality, the weight of numbers assumes particular significance. Pa. SSJI (Civ.) § 5.03 16. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitles. Pa. SSJI (Civ) § 5.30 17. In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whenever the facts are assumed hypothetically by the expert, come from his personal knowledge, from some other proper source or from some combination of these. Pa. SSJI (Civ) § 5.31 18. In resolving any conflict that may exist in the testimony of expert witnesses, you are entitled to weigh the opinion of one expert against that of another. In doing this, you should consider the relative qualifications and reliability of the expert witnesses, as well as the reasons for each opinion and the facts and other matters upon which it was based. Pa. SSJI (Civ) § 5.33 19. Questions have been asked in which an expert witness was invited to assume that certain facts were true and to give an opinion based upon that assumption. These are called hypothetical questions. If you find that any material fact assumed in a particular hypothetical question has not been established by the evidence, you should disregard the opinion of the expert given in response to that question. By material fact, we mean one that was important to the expert in forming his opinion. Similarly, if the expert has made it clear that his opinion is based on the assumption that a particular fact did not exist and, from the evidence you find that it did exist and that it was material, you should give no weight to the opinion so expressed. Pa. SSJI (Civ.) § 5.32 20. If you find that the defendants are liable to the Plaintiff, you must then find an amount of money damages which you believe will fairly and adequately compensate the plaintiff for all the physical injuries he has sustained as a result of the accident, The amount which you award today must compensate the plaintiff completely for damage sustained in the past, as well as damage the plaintiff will sustain in the future. Pa SSJI (Civ.) §6.00. 21. The damages recoverable by the Plaintiff in this case and the items that go to make them up, each of which I will discuss separately, are as follows: Past and future pain and suffering; Past medical expenses; Past lost wages; Embarrassment and humiliation; Disfigurement; Loss of enjoyment of life; and, Loss of consortium. Pa SSJI (Civ.) §6.01. 22. The Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you find he has endured, from the time of the accident until today. Pa SSJI (Civ.) §6.01E. 23. The Plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you believe he will endure in the future as a result of his injuries. Pa SSJI (Civ.) §6.01 F. 24. The plaintiff is entitled to be compensated in the amount of all medical expenses reasonably incurred for the diagnosis, treatment and cure of his injuries in the past. These expenses, as alleged by the plaintiff, amount to $ _; an exhibit will be submitted to you, itemizing these costs, for your consideration during deliberation. Pa. SSJI (Civ.) § 6.01A 25. The plaintiff is entitled to be compensated for the amount of earnings that he has lost up to the time of the trial as a result of his injuries. This amount is the difference between what he probably could have earned but for the harm and any less sum which he actually earned in any employment. Pa. SSJI (Civ.) § 6.01C W". 26. The Plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe he has endured (and will continue to endure in the future as a result of his injuries). Pa SSJI (Civ.) §6.OOG. 27. The disfigurement which the plaintiff sustained as a result of this accident is a separate item of the damages. Therefore, in addition to such sums as you award for pain and suffering and for embarrassment and humiliation, the plaintiff is entitled to be fairly and adequately compensated for the disfigurement he has suffered in the past as a result of this accident, and which he will continue to suffer during the future duration of his life. Pa. SSJI (Civ) §6.01H 28. Dimitrios Dimitrakopoulos is entitled to be fairly and adequately compensated for past, present and future loss of his ability to enjoy any of the pleasure of life as a result of his injuries. Pa. SSJI (Civ) § 6.011 29. The plaintiffs spouse, Athen Dimitrakopoulos is entitled to be compensated for the loss of the injured party's services to her and the loss of companionship of her spouse. Pa. SSJI (Civ.) § 6.01C 30. You are instructed in computing the damages due to Mr. Dimitrakopoulos because of pain and suffering, you must take into account his feelings of loss of well being and inability of him to enjoy what he was able to enjoy prior to receiving his injuries. Corcoran v. McNeal, 400 Pa. 14, 161 A.2d 367 (1960). Pain and suffering must be included in the calculation of a just verdict. Pain and suffering are substantive losses and just as a person is entitled to collect damages from one who wrongfully injures his limbs, organs, and other parts of his body, so he is equally entitled to collect damages for physical and sensory torment and pain and suffering. Burean v. City of Pittsburgh. 373Pa. 608, 96 A.2d 889. 31. Dimitrios Dimitrakopoulos is also entitled to damages as in your best judgment will reasonably and adequately compensate him for the physical injuries to him. In arriving at this sum, you may find that you should take into consideration the damages suffered by his bodily structures, his loss of bodily structure, his loss of bodily functions, his inability to engage in the same activities, vocations, and pleasures following the accident as before. Di Chiaccio v. Rochsraft Stone Products Co.. 424 Pa. 77, 225 A.2d 913 (1967). 32. I instruct you as a matter of law that your verdict must be in favor of plaintiff and against the defendants. Respectfully submitted, , I+WEILER, SCHLEIFER. & WINKLER, P.C. Dan deck, Esquire Attorney for Plaintiff EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. ORDER ATTORNEY FOR: Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 AND NOW, this day of 2003, upon consideration of the Motion in Limine of Plaintiffs, and any response thereto, it is hereby ORDERED and DECREED that the Motion in Limine is GRANTED and all testimony regarding Plaintiff, Dimitrios Dimitrakopoulos' history of steroid use is hereby precluded from being introduced into evidence at any point in time during the course of the trial of the instant claim. BY THE COURT: J. EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 Duv1ITR10S DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. ATTORNEY FOR: Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 PLAINTIFF'S MOTION IN LIMINE Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, by and through their counsel, hereby file the within Motion in Limine and, in support thereof, aver the following: This is a medical malpractice action arising from the negligent perforation of the roof of Plaintiff, Dimitrios Dimitrakopoulos' sinus during an endoscopic polyp removal procedure performed by Defendant, Fouad Geadah, M.D. ("Defendant"). As a result of the Defendants' negligent performance of the procedure, Plaintiff, Dimitrios Dimitrakopoulos developed a herniation of brain matter and a spinal fluid leak resulting in a revision surgery, prolonged hospitalization and has placed Plaintiff at an increased risk for the development of meningitis. 2. During the course of discovery of this medical malpractice claim, it was revealed that Plaintiff may have used steroids at some point many years before Defendant's surgery. 3. Based upon a review of his report, Defendant's expert will not (emphasis added) give an opinion before this jury that the history of steroid use is causally related, in any way, to the injuries Plaintiff suffered. A true copy of the expert report of Joseph P. Atkins, M.D., is attached hereto as Exhibit "A." 4. Regardless of the lack of expert testimony to the contrary, it is anticipated that counsel for Defendant will seek to offer testimony and/or submit records that discuss Plaintiffs steroid use at trial. 5. The anticipated evidence is irrelevant where there will be no causal connection between the steroid use and the medical issues in the case. 6. If deemed relevant, such evidence is severely prejudicial to Plaintiffs efforts to receive a fair jury trial on his claims as this evidence would only serve to inflame the jury and suggest that they decide the issue of this case on an improper basis. The issue in this case is whether or not Defendant acted appropriately and whether his care was substandard in his performance of the surgical procedure. 8. Plaintiffs history of steroid use is not connected, in any way, to any of the relevant issues of this case and, as such, this anticipated testimony must be precluded. WHEREFORE, Plaintiffs, Dimitrios Dimitrakopoulos and Athena Dimitrakopoulos, respectfully request that this Honorable Court grant their Motion in Limine and enter an Order in the form attached hereto. Respectfully submitted, EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire Attorney for Plaintiffs -2- EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. ATTORNEY FOR: Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 99-5992 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION IN LIMINE 1. STATEMENT OF THE FACTS This is a medical malpractice action arising from the negligent performance of an endoscopic procedure by Defendant, Fouad Geadah, M.D. ("Defendant"), upon Plaintiff, Dimitrios Dimitrakopoulos ("Plaintiff') on February 26, 1997, at the Holy Spirit Hospital in Camp Hill, PA. During the surgery, Defendant negligently and carelessly created a defect or a hole in the roof of Plaintiffs left ethmoid cavity, resulting in a protrusion of brain matter (encephalocele) and spinal fluid through this hole. As a result of the perforation, Plaintiff developed a persistent leakage of spinal fluid necessitating farther surgery and a six day hospitalization at the Hospital of the University of Pennsylvania in August, 1997. Plaintiff was caused to suffer extreme pain, discomfort and headaches as a result of the spinal fluid leak. Additionally, Plaintiff was/is at an increased risk for meningitis. According to Plaintiffs expert Surgeon and Otolaryngologist, John R. Bogdasarian, M.D., Defendant deviated from the standard of care by using his cutting instruments during the sinus surgery too high in the roof of the nose (base of the skull) so as to create a defect or hole and allow penetration of brain matter as well as cerebral spinal fluid placing Plaintiff at a risk for meningitis. As a result, additional treatment and surgery was required with limitations being placed upon Plaintiff with respect to certain activities that he routinely engaged in including, but not limited to, his work and weight liflingfbody building. Additionally, Dr. Bogdasarian has criticized Defendant's failure to investigate complaints of persistent rhinorrhea or drainage following the sinus surgery which should have prompted immediate consideration of the spinal fluid leak and lessened his risk of exposure with respect to meningitis. Defendant is anticipated to introduce testimony that Plaintiff used steroids years prior to having met Defendant. Defendant's expert, Joseph A. Atkins, M.D., has not related this history to any of the medical defenses in this case. See Exhibit "A." Such evidence is not related to any of the issues in this case and is irrelevant to the claim. Further, if allowed, such testimony would severely prejudice Plaintiffs ability to receive a fair trial on his claim. For these reasons, such anticipated testimony must be precluded at trial. 11. LEGAL ARGUMENT To be admissible, evidence must be both competent and relevant. "Evidence is relevant, and therefore admissible, if it logically or reasonably tends to prove or disprove a material fact at issue, tends to make a fact more or less probable, or affords a basis for a reasonable inference or presumption regarding the existence of a material fact". Tallafaro v. Johns - Manville Co! p., Pa. Super. 204, 627 A.2d 796 (1992). "The trial court may exclude evidence when that evidence would confuse, mislead or prejudice the jury. In fact, all evidence, even when determined to be relevant, is inadmissible if the trial court in its discretion determines that its prejudicial impact outweighs its probative value". Commonwealth v Storms, 476 Pa. 391, 402, 380 A.2d 155, 160 (1970). In the instant case, Plaintiff anticipates that the Defendants will seek to introduce testimony that Plaintiff had a medical history (prior to the surgery in question) significant for steroid -2- use. Such testimony is irrelevant under Pa. R.E. 401 and prejudicial to the issues to be decided in this case. The admission of such testimony would only serve to inflame the jury and to deflect them from the material issues in the case. Defendant's expert does not mention this history in his report and, as such, the history is not connected, in any way, to the issues of negligence and/or causation with respect to the negligent performance of the surgery. See Exhibit "A." With respect to damages, one of the "loss of life's pleasures" that will be claimed at trial is the reduction and almost abandonment of a rigorous weight lifting routine to which Plaintiff had become accustomed. Plaintiff's prior steroid use neither impacts on the history of pain he has endured through the revision surgery and hospitalization nor how he has been required to curtail his activities, including weight lifting/body building since those events. Said testimony is irrelevant and prejudicial. III. CONCLUSION For the above reasons, Plaintiffs request that the Court enter an Order granting their Motion in Limine. Respectfully submitted, EISENBER , OTHWEILEII, SCHLEIFER, WEINST N & WINKLER, P.C. for Plaintiff -3- VERIFICATION Daniel Jeck, Esquire, verifies that he is an associate of the law firm of Eisenberg, Rothweiler, Schleifer, Weinstein & Winkler, P.C., attorneys for the Plaintiff in the above matter, and that he is authorized to sign this Verification on behalf of said Plaintiff. He has reviewed the facts set forth in the foregoing pleading and the facts set forth therein are true and correct to the best of his knowledge, information and belief. These statements are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. ROTHWEILER, SCHLEIFER, & WINKLER, P.C. for Plaintiffs CERTIFICATE OF SERVICE Daniel Jeck, Esquire, hereby certifies that the foregoing Motion in Limine was served on counsel for Defendants on the date noted below via first class mail, addressed as follows: Andrew H. Briggs, Esquire Post & Schell, P.C. 240 Grandview Avenue Camp Hill, PA 17011 Respectfully submitted, Dated: ?j J bj .6OTILWEILER, SCHLEIFER, & WINKLER, P.C. for Plaintiffs The Nation } Fint Hospital • Fowdtd 1751 Joseph P. Atkins, M.D., FACS James J. Keamey, M.D. Joel H. Blumin, M.D. Andrew Briggs, Esquire Post & Schell, P.C. Attorneys At Law 240 Grandview Avenue Camp Hill, PA 17011 Re: Dimitrakaoolous v. Geadak, M.D. Dear Mr. Briggs: January 16, 2003 Department of Otorhinolaryngology: Head and Neck Surgery Per your letter of November 11, 2002, I received the following records: 1. Complaint; 2. Medical records of Fouad A. Geadah, M.D.; 3. Medical records of Holy Spirit Hospital; 4. Medical records of Emerson Knight, Jr., M.D. 5. Medical records of Polyclinic Medical Center; 6. Medical records of Hershey Medical Center; 7. Medical records of Edward F. Sickel, M.D.; 8. Medical records of Joseph P. Cardinale, D.O.; 9. Medical records of David Kennedy, M.D.; 10. Medical records of John Fomadley, M.D.; 11. Deposition Transcript of Athena Dimitrakopoulous; 12. Deposition Transcript of Dimitrios Dimitrakopoulous; 13. Deposition Transcript of Fouad Geadah, M.D.; 14. Plaintiffs Expert report of John R. Bogdasarian, M.D. 800 Spruce Street • 215.829-5180 Andrew Briggs, Esquire Re. Dimitrakapolous v. Geadah, M.D. January 16, 2003 Page 2 of3 I will not go into detail over the complete chronology of events, but will try to stay to the salient points in this case. Mr. Dimitrakopoulous was a 34-year old non-English speaking Greek gentleman who worked as a cook in a restaurant in Harrisburg. He did not have previous surgery. He was known to have difficulty breathing through his nose with progression of symptoms over the course of several years while in Greece and in the United States. He became a patient of Dr. Geadah in January of 1997. After appropriate work-up including CAT scan, allergy testing, and so forth it was appropriately recommended that he undergo endoscopic sinus surgery. On February 26, 1997 Dr. Geadah performed extensive sinus surgery involving both ethmoids, sphenoids, maxillaries, and frontal sinuses. His post-operative course was uncomplicated early on, and according to the records, and agreed to by the expert witness, Dr. John R. Bogdasarian. Dr. Kennedy's records suggest that approximately two weeks after the surgery he began to develop left-sided leakage. The first note of unilaterality to the drainage was on the note of April 22, 1997. A phone conversation on April 30u' from the patient's wife suggested that the patient continues to have a runny nose, hoarseness, a productive cough, and yellow-green sputum. Antibiotics were prescribed at that time. He was then not seen until July which suggested that he had left-sided numy nose-that was clear. Dr. Geadah made an immediate referral to Dr. Fomadley and Dr. Kennedy, as a CSF leak was suspected. The patient underwent uneventful repair of the spinal fluid leak by Dr. Kennedy on August 12, 1997. At the time it was noted that the patient had an unusually low skull base on the right side which sloped far laterally inferiorly as it went medially. In addition, he had a pinpoint dural dehiscence with a 1.7 cm bony defect in the left anterior cranial fossa. There was some herniation of dura. The dural herniation was treated by bipolar shrinkage of the dura, dressed with a septal bone graft, and additional mucosa grafts. The defect was closed uneventfully. The patient has no significant deficit i.e., he does not complain of anosmia, or any other significant complaints beyond those of a patient with massive bilateral polyposis post- operatively. The patient has a weightlifting history. It was recommended by Dr. Kennedy that he not return to that activity in order to prevent additional herniation. It is my opinion, to a reasonable degree of medical certainty, that the surgery performed by Dr. Geadah on Mr. Dimitrakopoulous was appropriate and necessary. It is my further opinion that the patient had a thin, low lying, anterior ethmoid roof bilaterally. At the surgery a defect was created in the roof of the left ethmoid. It is a known complication of endoscopic sinus surgery and can occur in up to 2% of patients. This was explained to the patient, and the patient is not claiming that he did not know of that as a risk, i.e. he is making no informed consent claim. It is further my opinion, with a reasonable degree of medical certainty, that a cerebrospinal fluid leak can occur in the absence of malpractice. It is further my opinion, to a reasonable degree of medical certainty, that Dr. Geadah provided appropriate post-operative medical care and debridement of the patient's sinuses. As soon as the history became clear that this was unilateral clear rhinorrhea on July 16, 1997, Dr. Andrew Briggs, Esquire Re: Dimitrakapolous v. Geadah, M.D. January 16, 2003 Page 3 of 3 Geadah appropriately referred the patient and suspected cerebrospinal fluid leakage. He was referred to appropriate sources; both Dr. Fomadley and Dr. Kennedy, The patient did not suffer a complication, such as meningitis or any other injury. It is my medical opinion that the operation performed by Dr. Geadah was appropriate, reasonable, and performed in a manner consistent with the standard of care. Although the diagnosis was made approximately four months after the operation, the patient suffered no complication from this, and it is my opinion, with a reasonable degree of medical certainty, that the post-operative management was within standards of care for patients undergoing sinus surgery for diffuse pansinus polyposis. I trust that this information is adequate for your needs at this time. truly yours, Joseph P. Atkins, M.D., F.A.C.S. Associate Clinical Professor and Vice Chair for Clinical Affairs at PAH JPA/neh EISENBERG, ROTHWEILER, SCHLEIFER, WEINSTEIN & WINKLER, P.C. BY: Daniel Jeck, Esquire ATTORNEY I.D. No. 67454 ATTORNEY FOR: Plaintiff 1634 Spruce Street Philadelphia, PA 19107 215.546.6610 DIMITRIOS DIMITRAKOPOULOS and his wife, ATHENA DIMITRAKOPOULOS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW V. FOUAD GEADAH, M.D. and FOUAD GEADAH, M.D., F.A.C.S., P.C. NO. 99-5992 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark this action settled, discontinued and ended. Respectfully , ROTHWEILER, SCHLEIFER, & WINKLER, P.C. ek, Esquire for Plaintiff l7 O f i=• M 6c- co u.ic Dui _ r - _ u. CJ o° ?j N