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HomeMy WebLinkAbout07-2783ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'7- a_ W3 ct' CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES R. CLARK, ROBERT P. BORAN, JR., M.D. 34 Parsonage Street 700 East Norwegian Street Newville, PA 17241 1" Floor Pottsville, PA 17901 APPALACHIAN ORTHOPEDIC CENTER, LTD. 1 Dunwoody Drive Carlisle, PA 17015 Plaintiff versus Defendants PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to Sheriff. David S. Wisneski, Esquire I.D. No. 58796 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Dated: TC' V R? -l _ 1i G'1 z g Q f R T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- )-7 ?-3 c I -,, f ?<< M CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JAMES R. CLARK, ROBERT P. BORAN, JR., M.D. 34 Parsonage Street 700 East Norwegian Street Newville, PA 17241 : 1" Floor Pottsville, PA 17901 APPALACHIAN ORTHOPEDIC CENTER, LTD. 1 Dunwoody Drive Carlisle, PA 17015 Plaintiff versus Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT JAMES R. CLARK HAS COMMENCED AN ACTION AGAINST YOU. /S Q Prothonotary Dated: J M7 by pZau/ ?? , Deputy SHERIFF'S RETURN - REGULAR CASE NO: 2007-02783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLARK JAMES R VS BORAN ROBERT P JR MD ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon APPALACHIAN ORTHOPEDIC CENTER INC the DEFENDANT , at 1530:00 HOURS, on the 10th day of May 2007 at 1 DUNWOODY DRIVE CARLISLE, PA 17015 by handing to MARCIA HECKERT, SUPERVISOR, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 V 20.80 So Answers: d R. Thomas Kline 05/24/2007 NAVITSKY OLSON WISENSKI Sworn and Subscibed to By: before me this day of A.D. v SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CLARK JAMES R VS BORAN ROBERT P JR MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BORAN ROBERT P JR M D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of SCHUYLKILL County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 24th , 2007 , this office was in receipt of t attached return from SCHUYLKILL Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R'. Thomas K n6 Dep Schuylkill Co 44.20 Sheriff of Cumberland County Postage .99 8 2 .19 ? G?,,,, Ole ?r?o 7 05/24/2007 NAVITSKY OLSON WISENSKI Sworn and subscribe to before me this day of , A. D. i. i f 4 • ' In The Court of Common Pleas of Cumberland County, Pennsylvania James R. Clark vs. Robert P. Boran Jr. MD Now, May 8, 2007 No. 07-2783 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Schuylkill County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Affidavit of Service Now, within 20 , at o'clock Thank you. M. served the upon : ' ? C: at - v _ -0 by handing to ? ryry F, r? > C a copy of the original and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA Thu May 17, 2007 01:27PM SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N ** DEPUTIZED FROM CUMBERLAND COUNTY PLAINTIFF DEFENDANT CLARK,JAMES R V S BORAN JR,ROBERT P MD COURT NUMBER 07-2783 FILED BY WISNESKI,DAVID S TYPE OF PAPER CIVIL ACTION SERVING NUMBER 47388 PAGE: 1 ATTORNEY: WISNESKI,DAVID S PRO FILE DATE 05/07/2007 EXPIRATION 06/06/2007 2040 LINGLESTOWN ROAD - SHF RECEIVED 05/09/2007 SUITE 303 DEP RETURNED 05/17/2007 HARRISBURG, PA 17110 ------------------------------------------------------------------------------------------------------------------------------------- (P E 0 P L E T O B E S E R V E D) NAME ADDRESS 1 ADDRESS 2 CITY ST ZIP DEPUTY -------------------- -------------------- -------------------- -------------------- -- ----- ------------------ Service for BORAN JR,ROBERT P MD 700 E NORWEGIAN ST POTTSVILLE PA 17901 TAYLOR, S (A T T E M P T S A T S E R V I C E) SEQ DATE _ TIME SERVED TO ADDRESS 1 ADDRESS 2 ----------------- ------------- CITY ST ZIP MILES COST -- --------------- -- ----- ----- ------------ --- 1 ---------- ----- 05/14/2007 11:46 -------------------- --- THOMAS MCLAUGHLIN 700 E NORWEGIAN ST POTTSVILLE PA 17901 MINIM 9.70 * REMARKS : SERVICE MADE BY DEPUTY TAYLOR, S ------------ Total 9.70 Total Mileage Charge for all Services : 9.70 Thu May 17, 2007 01:27PM e PAGE: 2 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N ** I hereby CERTIFY and RETURN that service was made by handing a TRUE and ATTESTED COPY to : THOMAS MCLAUGHLIN (P.I.C.) ON 700 E NORWEGIAN ST 05/14/2007 POTTSVILLE PA at 11:46 SWORN and subscribed before me this l { T N SO ANSWERS day of r,-^ A l uy,,_L (Prothonotary) ,J (Deputy Sheriff) (Sheriff of Schuylkill County) End - of - Return (X-149-2007) q Thu May 17, 2007 01:27PM PAGE: 3 SHERIFF'S DEPARTMENT OF SCHUYLKILL COUNTY SCHUYLKILL COUNTY COURT HOUSE POTTSVILLE, PENNSYLVANIA 17901 (570) 622-5570 ** A F F I D A V I T O F R E T U R N C O S T S I N F O R M A T I O N DESCRIPTION PAYMENTS CHARGES BALANCE ADVANCE COSTS - SERVICE 150.00 150.00 R D & R 9.00 141.00 SERVICE 9.00 132.00 ADD SERVICE - 0.00 132.00 ATTESTING 4.00 128.00 MILEAGE 9.70 118.30 STATE SURCHARGE 10.00 108.30 PROTHY FEE FOR SERVICE 2.50 105.80 REFUND 105.80 0.00 Advance Payment 150.00 Cost of Service 44.20 Refund Paid ---------- 105.80 ------------------------------- --------------------------------------------- --------------------------------------------- End - of - Return (07-2783) * A C C O U N T S T A T E M E N T O F F I C E O F T H E S H E R I F F O F S C H U Y L K I L L C O U N T Y Case Ref : 07-2783 Service ID: 47388 Type : CIVIL ACTION Filed By: DAVID S. WISNESKI, ESQ. Address 1 2040 LINGLESTOWN ROAD Address 2 SUITE 303 City HARRISBURG PA 17110 DATE : 05/17/2007 Advance Payment 150.00 Cost of Service 44.20 Refund 105.80 KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 APPALACHIAN ORTHOPEDIC JURY TRIAL DEMANDED CENTER, LTD. Defendants ENTRY OF APPEARANCE AND JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Robert P. Boran, Jr., M.D., only in connection with the above-captioned matter. A jury trial consisting of a panel of twelve (12) jurors is hereby demanded. J F. McG Y, ESQUI DATED: d5? 07 * ? c c? ' ?'' . ? "- -?? E....-? '"G -r? ? ?? r . a ; ?---. ?? -, ; .?. ?._ -? L_li ? Y Vin " (4.a?? ' ,...- s KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and. APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John F. McGreevey, Esquire, hereby certify that a true and correct copy of my Entry of Appearance and Jury Trial Demand was forwarded first-class mail, postage prepaid, to the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 DATED: yd- V_ 0- 7 Applachian Orthopedic Center, Ltd. 1 Dunwoody Drive Carlisle, PA 17015 4. r owc JOHN F. MCGRE EY, ESQUI C= s G' KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon Plaintiff, James R. Clark, to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Q. JOIN F. McGREEY, ESQ Attorney for Defend It Robert P. Boran, Jr., M.D. RULE TO FILE COMPLAINT AND NOW, this a(y?` day of JA 2007, a Rule is hereby granted upon Plaintiff, James R. Clark, to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. 46 OTHONOTARY y CD ri 1 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant JAMES R. CLARK V. Plaintiff ROBERT P. BORAN JR., M.D.and APPLACHIAN ORTHOPEDIC CENTER, LTD. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2007-2783 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: THE PROTHONOTARY Kindly enter the appearance of Rhoads & Sinon LLP and Dean F. Piermattei as counsel for the Defendant, Appalachian Orthopedic Center, LTD. Respectfully submitted, RHOADS & SINON LLP By: - Dean F. Pjer ei O arket Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: August 16, 2007 Attorneys for Defendant 615577.1 CERTIFICATE OF SERVICE I hereby certify that on this day of August, 2007, a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 ? C3 ? N . c? ', c- ; r_? , `; ' `? . ?,: ?;;. JAMES R. CLARK, V. Plaintiff ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 roRIGI L JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacidn por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff James R. Clark is an adult individual who resides at 34 Parsonage Street, Newville, Cumberland County, Pennsylvania. 2. Defendant, Robert P. Boran, Jr., M.D., is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania. 3. In 2005, Defendant Robert P. Boran, Jr., M.D., (hereinafter Defendant Boran) practiced orthopedic surgery in Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff is asserting a professional liability claim against Defendant Boran. 5. Defendant Appalachian Orthopedic Center, Ltd., (hereinafter referred to as Defendant Appalachian) is a limited partnership, professional corporation, or similar entity duly organized and registered in Pennsylvania which, at all relevant times herein, engaged in the business of providing orthopedic services to the public with its place of business in Carlisle, Cumberland County, Pennsylvania. 6. All times relevant to this Complaint, Defendant Boran was an agent, apparent agent, servant and/or employee of Defendant Appalachian, and was acting in such capacity. 7. Plaintiff is asserting a professional liability claim against Defendant Appalachian by virtue of the actions and/or inactions of Defendant Boran. 8. On Saturday May 14, 2005, at approximately 7:00 p.m., James R. Clark, a 19-year old male, was injured in an ATV accident. 9. Mr. Clark presented to the Carlisle Regional Medical Center on Saturday, May 14, 2005 for treatment of his accident-related injuries. 10. At Carlisle Regional Medical Center, Mr. Clark came under the care of the on-call orthopedic surgeon, Defendant Robert P. Boran, Jr.. 11. Defendant Boran diagnosed Mr. Clark has having a displaced open right distal femoral supracondylar fracture. 12. During the evening of May 14, 2005, Defendant Boran performed debridement, lavage and closed IM retrograde femoral rodding of Mr. Clark's fracture. 13. According to Defendant Boran's operative report dated May 14, 2005, Defendant Boran used an image intensifier (intraoperative fluoroscopy) during the operation. 14. Prior to Defendant Boran's surgery, x-rays were taken of Mr. Clark's right femoral fracture. 15. Plaintiff avers that these pre-operative films (5/14/05) demonstrate significant displacement, angulation and mal-alignment of Mr. Clark's distal right femoral fracture. 16. On post-op day one (5115105), Defendant Boran ordered additional x-rays of Mr. Clark's right femur. 17. Defendant Boran interpreted the May 15, 2005 films as, "x-rays show very good alignment of fracture and intact fixation." 2 18. In fact, the post-operative May 15, 2005 x-rays of Mr. Clark's right knee and right lower extremity show approximately a 10 degree to 12 degree valgus angulation at the fracture site with approximately one quarter inch (1/4") shortening of the femur at the fracture site. 19. Additionally, the May 15, 2005 films demonstrate that the intramedullary rod placed by Defendant Boran was not properly positioned; the rod was not centered in Mr. Clark's femoral canal, causing the valgus alignment noted. 20. Moreover, the May 15, 2005 x-rays demonstrate that the distal screws placed by Defendant Boran were not at a right angle to Mr. Clark's distal femur, and that there was only about 60% of bone contact between the proximal and distal main fracture fragments of Mr. Clark's right distal femur. 21. Plaintiff avers that Defendant Boran did not appropriately align the distal femoral supracondylar fracture of Mr. Clark prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 22. Plaintiff further avers that this failure resulted in a 10 degree to 12 degree valgus angulation with only about 60% of bony contact of the main fracture fragments, as well as approximately one quarter inch (1/4") shortening at the fracture sight because of the mal- alignment by Defendant Boran. 23. This mal-alignment of the fracture should have been recognized by Defendant Boran in the operating room and should have been corrected before the surgery ended on May 14, 2005. 24. Furthermore, Plaintiff avers that the retrograde intramedullary (IM) rod that Defendant Boran inserted in Mr. Clark's right femur on May 14, 2005 was not properly 3 positioned by Defendant Boran and was not inserted by Defendant Boran parallel to Mr. Clark's femoral shaft. 25. This improper insertion of the retrograde femoral IM rod and screws by Defendant Boran, in addition to Defendant Boran's failure to align Mr. Clark's leg, caused the 10 degree to 12 degree valgus mal-alignment of Mr. Clark's distal femur fracture. 26. Defendant Boran should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws in the operating room on May 14, 2005, and should have corrected same before the surgery ended on May 14, 2005. 27. Plaintiff avers that for Defendant Boran not to have recognized the mal-alignment of the fracture in the operating room and not to have corrected it before the surgery ended on May 14, 2005 was a deviation from the acceptable standard of orthopedic care. 28. Certainly, Defendant Boran should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws after the x-rays of May 15, 2005, on which the mal-alignment was obvious. 29. Plaintiff avers that for Defendant Boran to have read the May 15, 2005 films as normal, and to have failed to immediately undertake corrective action, when the mal-alignment on the films was so obvious, was a deviation from the acceptable standard of orthopedic care. 30. Defendant Boran should not have accepted the mal-alignment in Mr. Clark's right leg and should have scheduled Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 31. Defendant Boran discharged Mr. Clark from the Carlisle Regional Medical Center on May 19, 2005, with instructions to follow-up with him in approximately one week. 4 t 32. At discharge, Defendant Boran instructed Mr. Clark to be partial "weight of leg" bearing on the right leg as instructed by physical therapy. 33. On May 27, 2005, Mr. Clark had his follow-up appointment with Defendant Boran at his office at Appalachian Orthopaedic Center. 34. At this visit on May 27, 2005, Defendant Boran obtained x-rays of Mr. Clark's right femur. 35. According to the records, Defendant Boran interpreted the films as showing, "AP and lateral of the right femoral shaft shows no change in alignment at the fracture site for the immediate post-operative films. The internal fixation is in good alignment without evidence of any loss or change in the internal fixation." 36. Plaintiff avers that the radiological findings on the May 27, 2005 x-rays are identical to the mal-alignment, valgus angulation, femoral shortening and demonstrate the same improper insertion of the IM rod and screws evident on the May 15, 2005 films of Mr. Clark. 37. Plaintiff avers that for Defendant Boran to have read the May 27, 2005 films as normal and to have failed to immediately undertake corrective action, when the mal-alignments on the films were so obvious, was a deviation from acceptable standard of orthopedic care. 38. Additionally, on May 27, 2005, Defendant Boran, after viewing the films, should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws, when such mal-alignments were obvious. 39. Defendant Boran should not have accepted the mal-alignment on the May 27, 2005 films and should have scheduled Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 5 40. At the conclusion of the May 27, 2005 office visit, Defendant Boran instructed Mr. Clark to continue with weight bearing ambulation and indicated that he should return to the office in about two weeks for continued follow-up with either Drs. Green, Hely or Oplinger. 41. At some date subsequent to May 27, 2005, Defendant Boran left Defendant Appalachian Orthopaedic Center and moved to Pottsville, Pennsylvania. The exact date is unknown to Plaintiff. 42. On June 13, 2005, Mr. Clark returned to Defendant Appalachian Orthopaedic Center and saw Defendant Boran's partner, Dr. Hely. 43. At this visit, Dr. Hely did not note that he reviewed or ordered any x-rays. However, he noted that Mr. Clark had no apparent problems, that his wounds looked clean, and that there was no sign of infection. 44. Dr. Hely recommended that Mr. Clark begin quad sets, straight leg raising, limited activity to include advancing to stationary bike exercises as his pain allowed and for Mr. Clark to follow-up in four weeks for re-examination and x-ray of his right femur. 45. On July 8, 2005, Mr. Clark returned to Dr. Hely with complaints of some swelling in his right foot and leg and very poor right lower extremity control. 46. Dr. Hely's impression was marked weakness in the right lower extremity following fracture. 47. Dr. Hely's plan was strengthening and motion program for Mr. Clark's right lower extremity with follow-up x-ray and re-exam in two weeks. 48. Mr. Clark returned to Dr. Hely on July 29, 2005, at which time an x-ray was taken of Mr. Clark's right femur. 6 49. Dr. Hely recorded, "The x-ray taken today shows angulation of the distal fragment, which appears to be more than I would accept." 50. Dr. Hely additionally recorded, "The knee flexion and the examination do not show any signs of difficulty, but the angulation on the AP view of the x-ray suggest that we should correct the potential deformity." 51. Plaintiff avers that the findings on the July 29, 2005 x-rays are consistent with the findings on the May 27, 2005 and May 15, 2005 x-rays of Mr. Clark's right lower extremity. 52. Before Mr. Clark's next visit with Dr. Hely, Mr. Clark sought a second opinion from another orthopedic physician. This orthopedic physician, Dr. Mira, also recommended corrective surgery to prevent continued mal-union of Mr. Clark's right femur. 53. On August 16, 2005, Dr. Hely performed a removal of hardware, take down of mal-union with open reduction internal fixation, routine supracondylar locking plate at the Carlisle Regional Medical Center. 54. For this corrective surgery, Mr. Clark was admitted to Carlisle on August 16, 2005, and was discharged on August 19, 2005. 55. Subsequent to this corrective surgery, Mr. Clark developed a post-operative infection in his right leg. 56. The surgery performed by Dr. Hely on August 16, 2005, and the subsequent infection of Mr. Clark's right leg, would have been avoided had Defendant Boran properly aligned and treated Mr. Clark's fracture on May 14, 2005. 57. The post-operative infection caused Mr. Clark to suffer several hospitalizations and surgeries in 2005 and 2006 at the Carlisle Regional Medical Center and at the Hershey Medical Center. 7 58. The infection and surgeries related thereto have caused Mr. Clark to undergo extensive physical therapy. 59. To date, Mr. Clark continues to be followed by the orthopedic surgeons at the Sports Medicine Center of the Hershey Medical Center for right leg problems. 60. These subsequent hospitalizations, surgeries, physical therapy and problems with Mr. Clark's right leg would have been avoided had Defendant Boran properly aligned and treated Mr. Clark's fracture on May 14, 2005. 61. As a direct and proximate result of Defendants' negligence as specified herein, Mr. Clark was placed at an increased risk of developing an infection, tissue, muscle, tendon, ligament, and joint damage, nerve injury, the need for extensive surgeries and additional hospitalizations and therapies, and a claim is made therefor. 62. As a direct and proximate result of Defendants' negligence as stated herein, a significant delay occurred in the diagnosis and treatment of the mal-union of Mr. Clark's right femur, which resulted in bone, tissue, muscle, tendon, ligament, and joint damage, nerve injury, the need for extensive surgeries and additional hospitalizations and therapies, and a claim is made therefor. 63. As a direct and proximate result of the negligence of Defendants, as stated herein, Mr. Clark has suffered permanent and severe injuries including, but not limited to, infection in his right leg, his right leg being a quarter inch ('/a") shorter than his left leg, additional surgeries, transfusions, additional therapies and significant damage to his right knee joint, and claim is made therefor. 64. The injuries suffered by Plaintiff are a direct and proximate result of the negligence of the named Defendants as set forth herein. 8 65. The substandard care of Defendants as set forth herein increased the risk of harm to Plaintiff. 66. Defendants are jointly and severally liable to Plaintiff for the injuries and damages set forth herein. COUNTI JAMES R. CLARK V. ROBERT P. BORAN, JR., M.D. 67. Paragraphs 1 through 66 of this Complaint are incorporated herein by reference as if set forth at length. 68. Plaintiffs' injuries and damages as alleged herein were directly and proximately caused by Defendant Boran's negligence as set forth in paragraphs 70 through 94 below. 69. As a direct and proximate result of his negligence as set forth in paragraphs 70 through 94 below, Defendant Boran is liable to Plaintiff for the injuries and damages alleged herein. 70. Defendant Boran failed to properly align Mr. Clark's distal femoral supracondylar fracture prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 71. Defendant Boran failed to properly position the intramedullary rod during the course of the May 14, 2005 surgery performed upon Plaintiff. 72. Defendant Boran failed to center the intramedullary rod in Mr. Clark's femoral canal during the course of the May 14, 2005 surgery performed upon Plaintiff. 73. Defendant Boran failed to recognize the mal-alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 74. Defendant Boran failed to correct the mal-alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 9 75. Defendant Boran failed to properly insert the retrograde intramedullary (IM) rod into Mr. Clark's right femur on May 14, 2005, so that the rod was parallel to Mr. Clark's femoral shaft. 76. Defendant Boran failed to recognize the improper insertion of the IM rod and screws during the operation on May 14, 2005. 77. Defendant Boran failed to correct the improper insertion of the IM rod and screws before the surgery ended on May 14, 2005. 78. Defendant Boran failed to recognize the improper alignment during the May 14, 2005 surgery so that it could be corrected before the surgery ended. 79. Defendant Boran failed to recognize the improper alignment on the May 15, 2005 post-operative x-rays. 80. Defendant Boran failed to recognize the improper alignment on the May 27, 2005 post-operative x-rays. 81. Defendant Boran failed to recognize the improper insertion of the IM rod and screws on the May 15, 2005 post-operative x-rays. 82. Defendant Boran failed to recognize the improper insertion of the IM rod and screws on the May 27, 2005 post-operative x-rays. 83. Defendant Boran failed to properly read and/or interpret the x-ray films taken on May 15, 2005. 84. Defendant Boran failed to properly read and/or interpret the x-ray films taken on May 27, 2005. 10 85. Defendant Boran failed, upon reviewing the May 15, 2007 x-rays to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal- alignment. 86. Defendant Boran failed, upon reviewing the May 27, 2005 x-rays to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal- alignment. 87. Defendant Boran failed to properly manage Mr. Clark's orthopedic care while Mr. Clark was his patient. 88. Defendant Boran failed to timely diagnose the improper alignment and improper rod and screw insertion in Mr. Clark's right lower extremity. 89. Defendant Boran failed to timely correct the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 90. Defendant Boran failed to order or obtain a second orthopedic opinion on Mr. Clark. 91. Defendant Boran failed to treat the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 92. Defendant Boran failed to properly maintain complete and accurate records for Mr. Clark during the relevant times of the treatment. 93. Defendant Boran failed to make Mr. Clark aware of the potential harm he could suffer from having an improperly aligned right leg and improperly placed rod and screws in his right leg. 94. Defendant Boran delayed surgery to correct the improper surgical alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 11 95. As a direct and proximate result of Defendant, Robert P. Boran, Jr., M.D.'s, negligence as set forth above, Plaintiff James R. Clark suffered permanent and severe injuries including, but not limited to, a second surgery to correct Defendant's negligence, a severe infection therefrom, additional surgeries and a 1/4" shortening of the right leg, as well as significant damage to his right knee joint, which will more likely than not require a total knee replacement at some point in the future. 96. As a direct and proximate result of Defendant's negligence as set forth herein, Mr. Clark has experienced, and will in the future experience, decreased movement, numbness and swelling in his right lower extremity, and claim is made therefor. 97. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark is no longer able to stand for any length of time without developing swelling and pain in his right lower extremity, and claim is made therefor. 98. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark endured hospitalizations, multiple surgical procedures, transfusions, and months of intensive dressing changes and physical and medication therapies, and may require same in the future, including a total knee replacement, and for these a claim is made therefor. 99. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has incurred, and will in the future incur, medical and rehabilitative bills and expenses, and claim is made therefor. 100. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has suffered lost wages as a result of not being able to fulfill his employment, and claim is made therefor. 101. As a direct and proximate result of Defendant's negligence as stated herein, Mr. 12 Clark has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 102. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark has sustained extensive scarring and disfigurement to his right lower extremity, which may be permanent, and claim is made therefor. 103. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark has been, and in the future will be, subjected to great humiliation and embarrassment, and claim is made therefor. 104. As a direct and proximate result of Defendant's negligence, Plaintiff Mr. Clark has sustained a loss of earning capacity and earning power, and claim is made therefor. WHEREFORE, Plaintiff, James R. Clark demands judgment against Defendant Robert P. Boran, Jr., M.D., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interests, costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II JAMES R CLARK V. APPALACHIAN ORTHOPEDIC CENTER, LTD. 105. Paragraphs 1 through 66 of this Complaint are incorporated herein by reference as if set forth at length. 106. At all times relevant to this Complain, Defendant Boran was a servant, agent, apparent agent and/or employee of Defendant Appalachian and was acting in such capacity. 107. Defendant Appalachian is vicariously liable for the acts and/or omissions of Defendant Boran. 13 108. Plaintiffs' injuries and damages as alleged herein were directly and proximately caused by the negligence of Defendant Appalachian's servant, agent, apparent agent, and/or employee, Defendant Boran, as set forth in paragraphs 110 through 134 below. 109. As a direct and proximate result of the negligence of its servant, agent, apparent agent, and/or employee, Defendant Boran, as set forth in paragraphs 110 through 134 below, Defendant Appalachian Orthopedic Center, Ltd. is liable to Plaintiff for the injuries and damages alleged herein. 110. Said servant, agent, apparent agent and/or employee failed to properly align Mr. Clark's distal femoral supracondylar fracture prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 111. Said servant, agent, apparent agent and/or employee failed to properly position the intramedullary rod during the course of the May 15, 2005 surgery performed upon Plaintiff. 112. Said servant, agent, apparent agent and/or employee failed to center the intramedullary rod in Mr. Clark's femoral canal during the course of the May 14, 2005 surgery performed upon Plaintiff. 113. Said servant, agent, apparent agent and/or employee failed to recognize the mal- alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 114. Said servant, agent, apparent agent and/or employee failed to correct the mal- alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 115. Said servant, agent, apparent agent and/or employee failed to properly insert the retrograde intramedullary (IM) rod into Mr. Clark's right femur on May 14, 2005, so that the rod was parallel to Mr. Clark's femoral shaft. 14 116. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws during the operation on May 14, 2005. 117. Said servant, agent, apparent agent and/or employee failed to correct the improper insertion of the IM rod and screws before the surgery ended on May 14, 2005. 118. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment during the May 14, 2005 surgery so that it could be corrected before the surgery ended. 119. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment on the May 15, 2005 post-operative x-rays. 120. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment on the May 27, 2005 post-operative x-rays. 121. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws on the May 15, 2005 post-operative x-rays. 122. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws on the May 27, 2005 post-operative x-rays. 123. Said servant, agent, apparent agent and/or employee failed to properly read and/or interpret the x-ray films taken on May 15, 2005. 124. Said servant, agent, apparent agent and/or employee failed to properly read and/or interpret the x-ray films taken on May 27, 2005. 125. Said servant, agent, apparent agent and/or employee failed, upon reviewing the May 15, 2007 x-rays, to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 15 126. Said servant, agent, apparent agent and/or employee failed, upon reviewing the May 27, 2005 x-rays, to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 127. Said servant, agent, apparent agent and/or employee failed to properly manage Mr. Clark's orthopedic care while Mr. Clark was his patient. 128. Said servant, agent, apparent agent and/or employee failed to timely diagnose the improper alignment and improper rod and screw insertion in Mr. Clark's right lower extremity. 129. Said servant, agent, apparent agent and/or employee failed to timely correct the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 130. Said servant, agent, apparent agent and/or employee failed to order or obtain a second orthopedic opinion on Mr. Clark. 131. Said servant, agent, apparent agent and/or employee failed to treat the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 132. Said servant, agent, apparent agent and/or employee failed to properly maintain complete and accurate records for Mr. Clark during the relevant times of the treatment. 133. Said servant, agent, apparent agent and/or employee failed to make Mr. Clark aware of the potential harm he could suffer from having an improperly aligned right leg and improperly placed rod and screws in his right leg. 134. Said servant, agent, apparent agent and/or employee delayed surgery to correct the improper surgical alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 135. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff James R. Clark suffered permanent 16 and severe injuries including, but not limited to, a second surgery to correct Defendant's negligence, a severe infection therefrom, additional surgeries and a 1/4" shortening of the right leg, as well as significant damage to his right knee joint, which will more likely than not require a total knee replacement at some point in the future. 136. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has experienced, and will in the future continue to experience, decreased movement, numbness and swelling in his right lower extremity, and claim is made therefor. 137. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark is no longer able to stand for any length of time without developing swelling and pain in his right lower extremity, and claim is made therefor. 138. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark endured hospitalizations, multiple surgical procedures, transfusions, and months of intensive dressing changes and physical and medication therapies, and may require same in the future, including a total knee replacement, and for these a claim is made therefor. 139. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff has incurred, and will in the future incur, medical and rehabilitative bills and expenses, and claim is made therefor. 140. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff has suffered lost wages as a result of not being able to fulfill his employment, and claim is made therefor. 17 141. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 142. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has sustained extensive scarring and disfigurement to his right lower extremity, which may be permanent, and claim is made therefor. 143. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has been, and in the future will be, subjected to great humiliation and embarrassment and claim is made therefor. 144. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff Mr. Clark has sustained a loss of earning capacity and earning power, and claim is made therefor. WHEREFORE, Plaintiff, James R. Clark demands judgment against Defendant Appalachian Orthopedic Center, Ltd., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interests, costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVITAM OLSON & WISNESVJLLP David S. Wisheski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Date: October 3, 2007 717/541-9205 Counsel for Plaintiff VERIFICATION I, James R. Clark, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the provisions of 18 Pa.C.S. §4904, relating to the unsworn falsification to authorities. 1 e" ? Date: October 3, 2007 James R. Clark CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person by first-class United States mail, postage prepaid on October 3, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12`h Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauffer JAMES R. CLARK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO APPALACHIAN ORTHOPEDIC CENTER, LTD. I, David S. Wisneski, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, O SON & WISN *SKI LLP David S. isneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: October 4, 2007 2 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Certificate of Merit as to Defendant Appalachian Orthopedic Center, Ltd. was served upon the following person by first-class United States mail, postage prepaid on October 4, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12th Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauffer ?;g ? ?,n i ?'i .? ?? __ -- "T"i .r- ? `? t r ..... Y ? 7 `. , ? i"?:7 ? ?ls , JAMES R. CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and CIVIL ACTION - MEDICAL APPALACHIAN ORTHOPEDIC PROFESSIONAL LIABILITY ACTION CENTER, LTD., Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO ROBERT P. BORAN, JR., M.D. I, David S. Wisneski, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, O SON & WISNESKI LLP David S. Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date:, October 4, 2007 2 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Certificate of Merit as to Defendant Robert P. Boran, Jr., M.D. was served upon the following person by first-class United States mail, postage prepaid on October 4, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12"' Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauffer ?'? ?..., .._ •-i _ '-, t C.,'"2 .? .. *?' y ?J ;.j t: iti.,? C':J .? KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, John F. McGreevey, Esquire, hereby certify that a true and correct copy of the Important Notice of Defendant Robert P. Boran, Jr., M.D. was forwarded on September 24, 2007 first class mail, postage prepaid to the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 DATED: October 5, 2007 ?, ?? ? ?- ?z ?, .<? .? ?, ?? ? ?? ?' KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer and New Matter of Defendant, Robert P. Boran, Jr., M.D., to Plaintiff's Complaint within twenty (20) days from service thereof or a default judgment may be entered against you. KILCOYNE & NESBITT, LLC BY: F. McGREEVEY Attorney for Defendant Robert P. Boran, Jr., M.D. y KILCOYNE & NESBITT, LLC ATTORNEY FOR DEFENDANT BY: JOHN F. MCGREEVEY ROBERT P. BORAN, JR., M.D. ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY V. NO.: 2007-2783 ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC JURY TRIAL DEMANDED CENTER, LTD. : Defendants ANSWER AND NEW MATTER OF DEFENDANT, ROBERT P. BORAN, JR., M.D., TO PLAINTIFF'S COMPLAINT Defendant, Robert P. Boran, Jr., M.D., by and through his attorneys, Kilcoyne & Nesbitt, LLC, hereby answers Plaintiff s Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to allow him to form a belief as to the truth of the averments in paragraph 1 of Plaintiff's Complaint and, therefore, Defendant demands strict proof thereof at trial, if relevant. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that Defendant Robert P. Boran, Jr., M.D. was an orthopedic surgeon practicing in Carlisle, Cumberland County, Pennsylvania, for a portion of the year of 2005. The remaining allegations are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 4. Admitted. 5-7. The allegations contained in paragraphs 5 through 7 do not apply to Answering Defendant. 8-66. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. COUNTI James R. Clark v. Robert P. Boran, Jr., M.D. 67. Answering Defendant incorporates by reference paragraphs 1 through 66 inclusive as though fully set forth at length herein. 68-104. Denied. Pursuant to Pennsylvania Rule of Civil Procedure 1029(e), no further response is required. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiff together with attorneys' fees and costs. COUNT II James R. Clark v. Appalachian Orthopedic Center, Ltd. 105. Answering Defendant hereby incorporates paragraphs 1 through 104 inclusive as though fully set forth at length herein. 106-144. The allegations contained in paragraphs 106 through 144 do not apply to Answering Defendant. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiff together with attorneys' fees and costs. NEW MATTER 145. At all times material hereto, Answering Defendant's treatment of the Plaintiff was in accordance with accepted standards of medical care at the time and place of the treatment. 146. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 147. Plaintiff's claims are barred by operation of the applicable statute of limitations. 148. If Plaintiff sustained the injuries alleged, which injuries are specifically denied, said injuries may have been the result of the negligent or careless acts and/or omissions of Plaintiff and/or other persons and/or entities over whom Answering Defendant exercised no control. 149. Plaintiff's claims may be barred or the amounts recoverable therefrom reduced by operation of the Pennsylvania Comparative Negligence Act 42 Pa. C.S.A. Section 7102 et seq. 150. Plaintiff's claims may be barred by the doctrine of assumption of risk. 151. Plaintiff's claims may be barred by the doctrine of superseding and/or intervening cause. 152. Plaintiff gave a fully informed consent to the medical treatment rendered by Answering Defendant. 153. Plaintiff's claims are subject to, and limited by, the Healthcare Services Malpractice Act of 1975, as amended. 154. Plaintiff's claims are subject to, and limited by, the MCare Act of 2003. 155. If there is a judicial determination that Pa. R.C.P. 238 is unconstitutional, said constitutionality being expressly challenged as a violation of the due process and the equal protection clauses of the 14th Amendment of the United States Constitution; 42 U.S.C. Section 1983; Article I, Section 1, 6, 11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then payment of interest shall be suspended for any period of delay not occasioned by Answering Defendant. 156. Plaintiff's claim is barred by the doctrine of release. WHEREFORE, Answering Defendant demands judgment in his favor and against Plaintiff together with attorneys' fees and costs. Respectfully submitted, KILCOYNE & NESBITT, LLC BY: JO F. MCGREEVE Attorney for Defendant, Robert P. Boran, Jr., M.D. DATED: to/? up7 VERIFICATION I, Robert P. Boran, Jr., M.D., make this verification subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. The attached Answer with New Matter to Plaintiff's Complaint is based upon information which I have furnished to my counsel and information which has been gathered by counsel in preparation for the defense of this lawsuit. The language contained in the Answer to Plaintiff's Complaint is that of my counsel and not of me. I have read the Answer to Plaintiffs Complaint, and, to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer are that of counsel, I have relied upon my counsel in making this verification. ROBERT P. BORAN, JR., KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John F. McGreevey, Esquire, hereby certify that a true and correct copy of the Answer and New Matter of Defendant Robert P. Boran, Jr., M.D. to Plaintiff's Complaint was forwarded on September 24, 2007 first class mail, postage prepaid to the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 L C4&FNc?GRAVBO?( DATED: 161,90107 rl) - rn Yx JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANT ROBERT P. BORAN, JR., M.D. AND NOW, comes the Plaintiff, James R. Clark, by and through his attorneys, Navitsky, Olson & Wisneski LLP, and hereby enters the following Reply to the New Matter of Defendant Robert P. Boran, Jr., M.D.: 145. Denied. The averments contained in paragraph 145 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 146. Denied. The averments contained in paragraph 146 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 147. Denied. The incident giving rise to Plaintiff's claims took place on May 14, 2005. Plaintiff filed suit via Writ of Summons on May 7, 2007, and timely service was effectuated promptly thereafter. Accordingly, Plaintiff's claims are in no manner barred by operation of the applicable statute of limitations. 148. Denied. The averments contained in paragraph 148 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 149. Denied. The averments contained in paragraph 149 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 150. Denied. The averments contained in paragraph 150 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 151. Denied. The averments contained in paragraph 151 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 152. Denied as stated. It is denied that Plaintiff gave a fully informed consent to the medical treatment that was rendered by Defendant Boran. It is admitted that Plaintiff granted his consent to Defendant Boran to provide medical treatment that complied with the appropriate standard of care. It is denied, however, that Defendant Boran provided the Plaintiff with such treatment. Any inference or averment that the Plaintiff granted his consent to substandard medical care on the part of Defendant Boran is specifically denied. 153. Paragraph 153 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments contained in paragraph 153 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 154. Paragraph 154 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments contained in paragraph 154 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 155. Paragraph 155 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments contained in paragraph 155 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 2 156. Denied. The averments contained in paragraph 156 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff James R. Clark respectfully requests that the New Matter of Defendant Robert P. Boran, Jr., M.D. be dismissed, and that judgment be entered in favor of the Plaintiff. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP David S. Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: November 5, 2007 3 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss I, David S. Wisneski, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff and that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiff. Date: /1-S---o-7 David S. Wisneski Sworn to and subscribed before me this -5f? day of K)ow-im?e , 2007. Notary Public My Commission expires: h ONWEA Tk F PLNNSYL ANIA Notarial Seal Lois E. Staufrer, Nota Public Cry of Harrisburg, Dau in County My Commission Expires ar. 28, 2009 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs Reply to the New Matter of Defendant Robert P. Boran, Jr., M.D. was served upon the following person by first-class United States mail, postage prepaid on November 5, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12`x' Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauffer <'? ? ? :? ..ar ?^' ...t ,. ( J ti s ;, r F , , ?J. _- {? ?,.??(?.,? . ? «-. ?? ? ?..? --G: Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant JAMES R. CLARK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. ROBERT P. BORAN JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants NO. 2007-2783 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: James R. Clark c/o David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, RHOADS & SINON LLP By: ean F Jtei outh Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Appalachian Orthopedic Center, LTD Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2007-2783 JURY TRIAL DEMANDED DEFENDANT APPALACHIAN ORTHOPEDIC CENTER LTD'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT NOW COMES the Defendant Appalachian Orthopedic Center, LTD, ("Appalachian") JAMES R. CLARK V. Plaintiff ROBERT P. BORAN JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. through its counsel Rhoads and Sinon LLP, and files the following Answer and New Matter, and avers as follows: 1. Denied. After reasonable investigation Appalachian is without sufficient information or knowledge to form a belief as to the truth of this averment and therefore the same is denied. Specific proof is demanded at trial. 2. Admitted in part. It is admitted that at one point in time, Robert P. Boran, Jr. ("Boran") was licensed to practice medicine in the Commonwealth of Pennsylvania. Appalachian is without sufficient information or knowledge to form a belief as to whether Boran is currently licensed to practice in the Commonwealth of Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 672251.1 6. This paragraph contains conclusions of law which do not require a response. To the extent this paragraph contains allegations of fact, it is specifically denied that at all relevant times, Dr. Boran was an agent, apparent agent, servant and/or employee of Appalachian and was acting in such capacity. Specific proof of this allegation is demanded at trial. 7. Denied. The allegations of the Plaintiff's Complaint speak for themselves, and any attempt to misconstrue the same is specifically denied. 8-66. These paragraphs are denied pursuant to Pa.R.Civ.P. 1029(e). COUNTI JAMES R. CLARK V. ROBERT P. BORAN, JR., M.D. 67-104. These allegations are addressed to a party other than Appalachian, and no response is therefore required from Appalachian. To the extent any factual averments are incorporated therein, Appalachian incorporates by reference its answers as set forth in paragraphs 1 through 66 above. COUNT II JAMES R. CLARK V. APPALACHIAN ORTHOPEDIC CENTER, LTD. 105. Appalachian incorporates its answers as set forth in paragraphs 1 through 66 above. 106. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, it is specifically denied that Defendant Boran at all relevant times was the servant, agent, apparent agent and/or employee of Defendant Appalachian and was acting in such capacity at the time of Plaintiff's alleged injuries. - 2 - 107. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, it is specifically denied that Appalachian is vicariously liable for any acts and/or omissions which were allegedly committed by Boran. 108. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, it is specifically denied that Plaintiff suffered any injuries and damages as alleged in the Complaint and that the same were directly and proximately caused by the negligence of Dr. Boran. By way of further answer, the remaining allegations in this paragraph are denied for the reasons set forth in paragraphs 106 and 107 above which are incorporated herein by reference. 109. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, the same are specifically denied for the reasons set forth in paragraphs 106 and 107 above, which are incorporated herein by reference. 110-144. The allegations in these paragraphs are conclusions of law and do not require a response. To the extent that these paragraph contain factual averments, the same are specifically denied for the reasons set forth in paragraphs 106 and 107 above, which are incorporated herein by reference, and pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Appalachian Orthopedic Center, LTD respectfully requests that this Court enter a judgment in its favor and against the Plaintiff, together with interest, costs and attorney's fees as allowed by law. - 3 - NEW MATTER 145. At all times material hereto, the Plaintiff received full, complete, proper, reasonable and adequate medical care and treatment in accordance with the applicable standards of medical care. 146. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 147. Plaintiff's claims are barred by operation of the applicable statute of limitations. 148. If Plaintiff sustained the injuries alleged, which injuries are specifically denied, said injuries may have been the result of the negligent or careless acts and/or omissions of Plaintiff and/or other persons and/or entities over whom Appalachian exercised no control. 149. No conduct on the part of Appalachian was a substantial factor in causing or contributing to any harm alleged by the Plaintiff. 150. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximally caused by Appalachian. 151. Plaintiff's claims maybe barred or the amounts recoverable therefrom reduced by operation of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102 et seq. 152. Plaintiff's claims may be barred by the doctrine of assumption of risk. 153. Plaintiff's claims may be barred by the doctrine of superseding and/or intervening cause. 154. Plaintiff gave a fully informed consent to the medical treatment rendered by Appalachian. 155. Plaintiff's claims are subject to, and limited by, the Healthcare Services Malpractice Act of 1975, as amended. - 4 - 156. Plaintiff's claims are subject to, and limited by, the MCare Act of 2003. 157. If there is judicial determination that Pa.R.Civ.P. 238 is unconstitutional, said constitutionality being expressly challenged as a violation of the due process and the equal protection clauses of the 14`h Amendment of the United States Constitution; 42 U.S.C. Section 1983; Article I, Section 1, 6, 11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then payment of interest shall be suspended for any period of delay not occasioned by Appalachian. 158. Plaintiff may not have properly mitigated his damages. 159. Plaintiff's claim is barred by the doctrine of release. 160. At the relevant times alleged by the Plaintiff, Dr. Boran was not acting as the servant, agent, apparent agent and/or employee of Appalachian. 161. At the relevant times alleged in the Complaint, the Plaintiff did not believe that Dr. Boran was the servant, agent, apparent agent and/or employee of Appalachian. WHEREFORE, Appalachian Orthopedic Center, LTD respectfully requests that This Court enter a judgment in its favor and against the Plaintiff, together with interest, costs and attorney's fees as allowed by law. Respectfully submitted, RHOADS & S1NON LLP By: e rmattei e South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Appalachian Orthopedic Center, LTD - 5 - DEC-10-2007 MON C2:10 PM APPALACHIAN ORTHOPEDIC FAX NO, 7172496235 y 12/04/07 TVE 17:07 FAX 717 241 8837+ RBOAD3 sINON LLP ffdRIF[CAnQN P Daaiel P. Holy, M.D., deposes anti says, subject to the penalties of 18 P$. C.S. §4904 relating to unsworn falsification to audw itics, that he takes this Verification on behalf of lWandant Appalachian CMhopedic Center, vrD, that he makes this verification by its authority end that the facts set forth in the Answer and New Matter arc true and correct to the hest of his knowledge, information and belief, Date 0 AANWL P. , M.D. 95010 r CERTIFICATE OF SERVICE I hereby certify that on this ./0 YA day of December, 2007, a true and correct copy of the foregoing Defendant Appalachian Orthopedic Center, LTD was served by means of United States mail, first class, postage prepaid, upon the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17101 (Attorney for Plaintiff) John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 (Attorney for Defendant Robert P. Boran, M.D.) ? ?i '11 _, . i ---1 _ e? ? 3 ?:_? ? 'r; is ? t?.` p. 7 .,.,? ?? Cs? i r_'l .:_J .?. ..? JAMES R. CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff : NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and CIVIL ACTION - MEDICAL APPALACHIAN ORTHOPEDIC PROFESSIONAL LIABILITY ACTION CENTER, LTD., Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANT APPALACHIAN ORTHOPEDIC CENTER, LTD. AND NOW, comes the Plaintiff, James R. Clark, by and through his attorneys, Navitsky, Olson & Wisneski LLP, and hereby enters the following Reply to the New Matter of Defendant Appalachian Orthopedic Center, Ltd.: 145. Denied. The averments contained in paragraph 145 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 146. Denied. The averments contained in paragraph 146 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 147. Denied. The incident giving rise to Plaintiff's claims took place on May 14, 2005. Plaintiff filed suit via Writ of Summons on May 7, 2007, and timely service was effectuated upon Defendants promptly thereafter. Accordingly, Plaintiff's claims are in no manner barred by operation of the applicable statute of limitations. 148. Denied. The averments contained in paragraph 148 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 149. Denied. The averments contained in paragraph 149 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 150. Denied. The averments contained in paragraph 150 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 151. Denied. The averments contained in paragraph 151 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 152. Denied. The averments contained in paragraph 152 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 153. Denied. The averments contained in paragraph 153 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 154. Denied as stated. It is denied that Plaintiff gave a fully informed consent to the medical treatment that was rendered by Defendant Appalachian Orthopedic Center, Ltd.. It is admitted that Plaintiff granted his consent to Defendant Boran, who was a servant, agent, apparent agent and/or employee of Defendant Appalachian Orthopedic Center, Ltd., to provide medical treatment that complied with the appropriate standard of care. It is denied, however, that Defendant Boran or Defendant Appalachian Orthopedic Center, Ltd. provided the Plaintiff with such treatment. Any inference or averment that the Plaintiff granted his consent to substandard medical care on the part of Defendant Appalachian Orthopedic Center, Ltd. or its servant, agent, apparent agent and/or employee Defendant Boran is specifically denied. 155. Paragraph 155 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments contained in paragraph 155 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 156. Paragraph 156 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the 2 averments contained in paragraph 156 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 157. Paragraph 157 of Defendant's New Matter states a conclusion of law to which no responsive pleading is required. To the extent that a response is deemed necessary, the averments contained in paragraph 157 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 158. Denied. The averments contained in paragraph 158 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 159. Denied. The averments contained in paragraph 159 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 160. Denied. The averments contained in paragraph 160 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). 161. Denied. The averments contained in paragraph 161 of Defendant's New Matter are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiff James R. Clark respectfully requests that the New Matter of Defendant Appalachian Orthopedic Center, Ltd. be dismissed, and that judgment be entered in favor of the Plaintiff. Respectfully submitted, NAVITSKY, OL-$ON & WISNEMLLP David S. Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Date: December 18, 2007 Counsel for Plaintiff 3 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss I, David S. Wisneski, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff and that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiff. Date: 19) l 1 ?ln David S. Wisnes i Sworn to and subscribed before me this KW\ day of -?)Pcember, 2007. Notary Public \j V My Commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Lois E. Staffer, Notary Public Cdr of Harrisburg, DaupVin Cout1t?y My Commission Expires Mar. 28, 2009 CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs Reply to the New Matter of Defendant Appalachian Orthopedic Center, Ltd. was served upon the following person by first- class United States mail, postage prepaid on December 18, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12`h Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauf r-a C= a l - b c.. CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIAW PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 n b half o `S HN MCGREEVEY S Q ttorney for D ENDANT R1.79 116-H DE12-0253341 8 0434 -LO1 ?, !' ?? *o ? ? ? ? ? r? . Jul 02 08 09:36a NOW LLP 7175419206 p.2 1601. Market Street, Suitc 800, Philadalphia Pennsylvania 19.103 (215)246-0900 Fax Number (215) 246 - 0959 URGENT!!!!! URGENT!!!!! .I 1.) t_Y 1, 2008 JAMES R. CLARK JAMES R. CLARK Vs ROBERT P. BORAN, MD. URGENT! ! ! ! ! KILCOYNE & NESBI'n' JOHN MCGREEVEY, ESQ. - (610) 825=3222 Wu have been requestexi by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4(X)9.21 mid 40W).22..Please fax this form to us immediately at (215) 246-0959 with your signature c shat we may comply with this request. Your cooperation would be greatly appreciated. Sincerely, DARN-LL SALEEM Custodians= ( Nute: see cn4losed list of locations j Counsel: DAVID S. WISNESKI, ESQ. 11 541-9216 ; I agree to waive waiting period _Date. _ ?--0 copies: Yep NoT agree fop y the invoice provided with the documents Rcvicw Documents: Yc;s No Advise of Cost do not agrec to waive Date:_ - -- Billing Info:._,- ....... ___-___..__-_.?___._._.._.._.. -- 127. , 73 116-11 RRWI-00:12524 $1434-col /-Z(3 6?? .1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 DAVID S. WISNESKI, ESQ. PHILADELPHIA, PA 19103 2040 LINGLESTOWN RD (215) 246-0900 STE 303 HARRISBURG, PA 17110 R1.73 116-H DE02-0397138 80434-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, DANA BURKHOLDER, M.D. MEDICAL, BILLING, RESULTS THERAPY & FITNESS MEDICAL, BILLING, SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) AND X-RAY(S) R1.73 116-H DE02-0397138 80434-COI COMMONWEALTHeQF_PENNSYLVANIA COUNTY OV CUMBERLAND JAMES R. CLARK VS. TO ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for CARLISLE REGIONAL MED 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 RIDER**** at The MCS GroMp- Inc 1601 Market Street, ri 500, Philade pbia, PA 19103 - 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO? . TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: rJUL Seal of the Court BY THE OURT: Prothonotary/ i on Deputy 80434-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MED. CENTER MEDICAL RECS DEPT 45 SPRINT DRIVE CARLISLE, PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctors comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: 193-68-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740654 80434-LO1 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ONWK COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M o be alf of ?sl C 1 J MCGREEVEY, SQ. A torney Zfor DEFENDANT R1.79 116-H DE12-0253342 80434-L02 COMMONWEALTH OF PENNSYLVANIA IN THE MATTER OF: JAMES R. CLARK COUNTY OF CUMBERLAND COURT OF COMMON PLEAS TERM, -VS- CASE NO: 07-2783 ROBERT P. BORAN, MD. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the_subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/01/2008 i CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 . PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H. D3302-0397138 80434-C01 >>> LOCATION LIST <<< PAGE: 1 ' LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL _ EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 11.73 116-H' D902-0397138 80434-C01. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for CARLISLE REGIONAL MED 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 RIDER * * * * at The MCS Grog. Inc , 1601 Market Street. Suite 800, Philadelphia. PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GE MANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C RT: -?Zw9AL Prothonotary/Cl , ivi ivisi L 1 AAO?668 Deputy .el Date: Seal of the Court 80434-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MED. CENTER BILLING RECS DEPT 45 SPRTNT DRTVF CARLISLE, PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: 193-68-1294 Date of Birth: 08-21-1985 81.73 116-H SU10-0740656 80434-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES R. CLARK TERM, CUMBERLAND -VS- CASE NO: 07-2783 ROBERT P. BORAN, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M o beh?lf of ' V CQ? JO CGREEVEYEY, Q. ' T A orney for DEF ANT 81.79 116-H D812-0253343 80434 -L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMBS R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations } TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 DAVID S. WISNESKI, ESQ. PHILADELPHIA, PA 19103 2040 LINGLESTOWN RD (215) 246-0900 STE 303 HARRISBURG, PA 17110 R1.73 116-H DS02-0397138 80434-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME R900"S REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWZK FILL CLOUSE TRUCKING SSA-DISABILITY 21.73 116-H MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE DE02-0397138 80434-'C41 COMMONWEALTH-Of PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR TH NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CARLISLE REGIONAL MED. 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 RIDER**** at The MCS Group- Inc.- 1601 Market Street Suite 800, Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTOI TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C RT: Protho tary/Clerlr i /on . JUL 16 2008 Deputy Date: J,,I,, 41 266R Seal of the Court 80434-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CARLISLE REGIONAL MED. CENTER RADIOLOGY RECS DEPT 45 SPRINT DRIVE CARLISLE. PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 social security #: 193-68-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740658 80434-LO3 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIML PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 o behalf of L GREEVEY, E O;torney fo r DE ANT R1.79 116-H DE12-0253344 80434-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days,from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS"office. DATE: 07/01/2008 MCS on behalf of CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-x n902-0397138 80434-C0.1 >>> LOCATION LIST «< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE F.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE 1.73 116-x DE02-0397138 80434-C01 COMMONWEALTH-OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR TH NGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for MIRA ORTHOPEDICS (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 RIDER * * * * at The MCS Group, Inc._ 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Protho otary/Cler , i ivisi jutJUL& abog Deputy Date: Seal of the Court 80434-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MIRA ORTHOPEDICS 220 WILSON STREET MEDICAL ARTS BLDG CARLISLE, PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-RS-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740660 80434-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGIML IN THE MATTER OF: JAMES R. CLARK ROBERT P. BORAN, As a prerequisit to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 07-2783 MD. e to service of a subpoena for documents and things pursuant MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. h if of DATE: 07/01/J2008 EErc?EY E for DEF ANT R1.79 116-H DE12-0253345 80434-L05 COMMONWEALTH OF PENMYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS"office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H_ D902-03.97138 80434-C01 >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED PAGE: 1 CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 81.73 116-x , DE02-0397138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK File No. 07-2783 vs. ROBERT P. BORAN, MD. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 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 RIDER * * * * at The MCS Q=. Inc. 1601 Market Street, Suite 800. Philadelpbia-PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WESTG .RMANTO? TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C RT: Proth notary/Cl > > Drv ion Deputy Date: Seal of the Court 80434-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurses notes, doctors comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: 193-68-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740662 80434-LO5 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGIN* COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 Yttor.ney be lfCo? / JCGREEVEY, SQ. I for DE ANT R1.79 116-H DE12-0253346 80434-L06 COMMONWEALTH OF PENi?SYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES R. CLARK -VS- TERM, CASE NO: 07-2783 ROBERT P. BORAN, MD. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations ) TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days.from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/01/2008 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 R1.73 116.-H THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DB02-0397138 80434-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED.'CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY R1.73 116-H MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE D902-0397138 80434-COI COMMONWEALTH_OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK File No. 07-2783 VS. ROBERT P. BORAN, MD. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 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 RIDER * * * * at The MCS Group, Inc.. 1601 Market Street. Suite 800. PhiladelRhia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothonotary/Cler visio j UL 6 2008 Deputy Date: Seal of the Court 80434-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER BILLING DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requesteds up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: 193-68-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740664 80434-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGIN4 IN THE MATTER OF: COURT OF COMMON PLEAS JAMES R. CLARK TERM, CUMBERLAND -VS- CASE NO: 07-2783 ROBERT P. BORAN, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M b half of J MCGREEVEY, S . p 1 torney for D ENDANT R1.79 116-H DE12-0253347 80434-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TIM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS"office. DATE : 07/01/2008 r CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H DR02-0397138 80434-CU1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M. D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY R1.73 116-H MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE D1902-0397138 80434-C01 COMMONWEALTH.OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK File No. 07-2783 VS. ROBERT P. BORAN, MD. SUBPOENA TO PRODUCE DOCUMENTS OR TH WGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for 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 RIDER * * * * at The MCS Groun Inc 1601 Market Street Suite 800 Philadelphia, PA 19103 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: JOHN MCGREEVEY, ES ADDRESS: 630 WEST GERMANT01 YLYMoum MEETING. PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothon tary/Cler isio 1 2000 Deputy Date: jt4't?L Seal of the Court 80434-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER RADIOLOGY DEPT. 500 UNIVERSITY DRIVE HERSHEY, PA 19182 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: 193-68-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740666 80434-L07 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 0IN THE MATTER OF: JAMES R. CLARK ROBERT P. BORAN, As a prerequisit to Rule 4009.22 COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- CASE NO: 07-2783 MD. e to service of a subpoena for documents and things pursuant MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M o be alfCof r ?J CGREEVEY, kn) -?aep orney for DEPkNDANIU 21.79 116-H DE12-0253348 80434-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF:. .JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS' office. DATE: 07/01/2008 i CC: JOHN MCGREEVEY, ESQ. 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H DB02-0397138 80434-COI >>> LOCATION LIST <<< LOCATION NAME RECORDS REQUESTED PAGE: 1 CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE R1.73 116-H D902-0397138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for J. SPENCE REID, 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 RIDER**** at The MCS Groun. Inc., 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: JOHN MCGREEVEY. ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C R**v Proth otary/Clin JU 16 2008 Date: Deputy Seal of the Court 80434-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: J. SPENCE REID, M.D. HERSHEY MED CTR 500 UNIVERSITY DR HERSHEY, PA 17033 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social security #: XXX-XX-1294 Date of Birth: 08-21-1985 81.73 116-H SU10-0740668 80434-LO8 CERTIFICATE PURSUANT TO RULE 4009.22 PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. ORIGIN& COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO. 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 4tt n ehalf of L MCGREEVEY, ESQ. orney for D NDANT R1.79 116-H DE12-0253349 80434-L09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R.1.73 116-H D902-0397138 80434-COI >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS ARMSTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 81.73 116-H DE02 0397138 80434-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KENI`TE GUISTW ITE- D D S (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 RIDER**** at . The MCS Groun Inc 1601 Market Street, Suite 800 PhiladelpWa, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERVIANTO` PLYMOUTH MEETING, PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant YL 16 2008 Date: Seal of the Court BY THE URT: Prot onotary/ It ision Deputy 80434-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KENNETH GUISTWHITE, D.D.S. 522 SOUTH PITT STREET CARLISLE, PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVR, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740670 80434-L09 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 _VS_ ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 n b alf o C V? f CGREE VEY ESQ. for D ENDANT R1.79 116-H DE12-0253350 80434-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days,from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS "office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H DB02-0397138 80434-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M. D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY 21.73 116-H MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE DE02-0397138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ORTHOPEDIC & SPINE P.T. (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 RIDER * * * * at The MCS Grog, Inc._ 1601 Market Street. Suite 800, Philadelphia. PA 19103 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: JOHN MCGREEVEY. ESO. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C R Protho tary/Cle ivisi ?UL 16 Deputy Date: Lt., y r Seal of the Court 80434-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ORTHOPEDIC & SPINE P.T. 850 WALNUT BOTTOM ROAD SUITE 306 CARLISLE. PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 1.73 116-H SUIO-0740672 80434-LIO CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M alf of REEVEY ESQ. for FENDANT R1.79 116-H D1912-0253351 80434 -L11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JAMES R. CLARK -VS- TERM, CASE NO: 07-2783 ROBERT P. BORAN, MD. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations } TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days.from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS"office. DATE: 07/01/2008 r CC: JOHN MCGREEVEY, ESQ. - 185-217 Anyquestions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040. LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 R1.73 ,116-H MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DSO2-0397138 80434-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE 21.73 116-H D902-0397138 80434-COI. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ANTHEM BLUE CROSS - . (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 RIDER**** at The MCS GroUp. Inc., 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO? TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Prothono ry/ClerkQ'i UL 16 2008 Deputy Date: Seal of the Court 80434-11 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ANTHEM BLUE CROSS PO BOX 37180 LOUISVILLE, KY 402337180 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all insurance records and PIP files, including but not limited to medical reports and/or records, claims, any and all correspondence, documentation supporting plaintiffs claim, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 81.73 116-H SU10-0740674 80434-Lll CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M be?_lf of / I ?/J MCGREEVEY SQ. torney for D ENDANT R1.79 116-H DE12-0253352 80434-L12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days.from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE 07/01/2008 r CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. .2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA., PA 19103 (215) 246-0900 R1.73 .116-H. DE02-0397138 8043.4-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL, BLUE BEACON KNIK FILL CLOUSE TRUCKING SSA-DISABILITY MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, .AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE Rl.73 116-x D902-0397138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for DR. ERNF.ST DAVIS (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 RIDER**** at The MCS Grog, Inc.- 1601 Market Street. Suite 800. Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID ##: ATTORNEY FOR: Defendant JUL 16 2008 Date: Seal of the Court BY 77R ,00 Proth notary/Cle , i visi T' Deputy 80434-12 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. ERNEST DAVIS 4830 LONDONBERRY ROAD HARRISBURG. PA 17109 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740676 80434-L12 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOWTA PURSUANT TO RULE 4009.22 ORIGIN* COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 b?ehalf of MCG,I1rRnn'vEEVEY ESQ. J torney for D FEND 21.79 116-H DE12-0253353 80434-L13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: .JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SIISPORNA TO PRODUCE DOCMCMS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS"office. DATE: .07/01/2008 i CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 R1.73 116-H MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT, THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0397138. 80434-C01 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO 019VICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 n be alf of / C 'J MCGREFsVEY, SQ. tat torney for DE ANT :1.79 116-H DE12-0253354 80434-L14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Custodian of Records for RESULTS THERAPY & FITNESS (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 RIDER * * * * at The MCS GLQW. Inc.. 1601 Market Street, Suite 800. Philadelphia. PA 19103 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: JOHN MCGREEVEY. ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING. PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE CO T: Protho tary/Cler i ' ion jt4.L16(M6 Deputy Date: Seal of the Court 80434-14 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: RESULTS THERAPY & FITNESS 1600 ORCHARD DRIVE CIIAMBERSBURG. PA 17201 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILMS INVENTORY LIST. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : SANS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SII10-0740680 80434-L14 COMMONWEALTH OF PENNS'YLV'ANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCMUMS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations l TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days.from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 1116-x. DE02-0397138 80434-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M. D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE D902-0397138 80434-C01 IZ1.73 -116-H COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK vs. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR T aNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SHIPPENSBURG HEALTHCARE 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: * * * * EE ATTACHED RIDER * * * * at The MCS Group, Inc.- 1601 Market Street_ Suite 800. Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO-1 PLYMOUTH MEETING. PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 16 2008 Date: )1A -?f q F3 Seal of the Court BY THE URT: Pro onotary/Cl , ?; rvisi Deputy 80434-15 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SHIPPENSBURG HEALTHCARE CENTER 121 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. PLEASE PROVIDE A FILM INVENTORY LIST. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. subject : JAKzs R. cLARx 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-x SU10-074o896 80434-L15 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIAW PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M ;n ehalf of 113? c , ttorney for p4#FEND?:ANT R1.79 116-H DE12-0253356 80434-L16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Note: see enclosed list of locations ] TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS"office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2090 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 III R1.73 116-H MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0397138 80434-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 81.73 116-H DE02-0397138 80434-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK vs. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PPG INDUSTRIES INC (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 RIDER * * * * at The MCS Group. Inc., 1601 Market Street, Suite 800, Philadelphia. PA 19103 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: JOHN MCGREEVEY. ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 TELEPHONE: (15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T. Protho otary/Clerk, rvil visio 161 Deputy I Jtj Date: Seal of the Court 80434-16 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PPG INDUSTRIES INC 400 PARK DRIVE CARLISLE, PA 17015 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XEB-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740684 80434-L16 IN THE MATTER OF: JAMES R. CLARK CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIN4 PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 S b half of , co?L MCGREEVEY SQ. ttorney for DE ANT 81.79 116-H DE12-0253357 80434-L17 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days.from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCSoffice. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1_73 116-H . . DE02-0397138 80434-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME: RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CMBR X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE u.73` 116-x DE02-0307138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JFC GLOBAL & TEMPS (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 RIDER**** at The MCS Group. Inc., 1601 Market Street. Suite 800 Philadelphia. PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Prot notary/Cle 7 it"111AII 16 2008 Date: Deputy Seal of the Court 80434-17 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JFC GLOBAL & TEMPS 101 W. HIGH STREET CARLISLE. PA 17015 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740686 80434-L17 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGIL COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 A" Q. ? =o' torney for DE ANT R1.79 116-H DE12-0253358 80434-L18 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SIISPOENA TO PRODUCE DOMONTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS "office. DATE: .07/01/2008 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.33 116-H D802=039713e 80434-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY R1.73 116-H MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE DE02-0397138 80434-COl COMMONWEALTH.QF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for AMAZON. COM, INC. (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 RIDER * * * * at The MCS Group. Inc.. 1601 Market Street_ Suite 800. Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO1 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE RT: (A/f ' Z- Prothonotary/Clef] isi Date: A???-' 11 2008 Seal of the Court Deputy 80434-18 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: AMAZON. COM. INC. 21 ROADWAY DRIVE CARLISLE. PA 17015 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SUIO-0740688 80434-L18 CERTIMATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ORIGINAL IN THE MATTER OF: COURT OF COMMON PLEAS JAMES R. CLARK TERM, CUMBERLAND -VS- CASE NO: 07-2783 ROBERT P. BORAN, MD. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 ?_ S n be alf of J CGREEVEY, SQ. torney for DE ANT R1.79 116-H DE12-0253359 80434-L19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS 'office. DATE: 07/01/2008 MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 DAVID S. WISNESKI, ESQ. PHILADELPHIA, PA 19103 2040 LINGLESTOWN RD (215) 246-0900 STE 303 HARRISBURG, PA 17110 RI.73:116-H DB02-0397138 80434-COI >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME. RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISIX REGIONAL MED. CENTER MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUE-BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY RI.73 116-H MEDICAL RECORDS MEDICAL RECORDS X--RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE D3302-0397138 80434-001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for EVENING SENTINEL (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 RIDER * * * * at The MCS Groun_ Inc.. 1601 Market Street, Suite 800, Philadelphia, PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO1 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T. Protho otary/Clerrkk, vi rvisi Date: J lj 16 g Seal of the Court Deputy 80434-19 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: EVENING SENTINEL C/O ASSOCIATED PRESS 457 E. NORTH STREET CARLISLE. PA 17014 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: BBB-BB-1294 Date of Birth: 08-21-1985 R1.73 116-H SUIO-0740690 80434-L19 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 alf of ,)L+ C REEVEY SQ. orney for D8 NDANT R1.79 116-H DE12-0253360 80434-L20 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days,from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS `office. DATE: 07/01/2008 CC: JOHN MCGREEVEY, ESQ. - 185-217 Any 'questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 R1.73 116-H MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS. GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 Ds02-0.397138 80434-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC'GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWIK FILL _ EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 11.73 116-x DE02-039713$ 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BLUE BEACON (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 RIDER * * * * at The MCS Group. Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTOI PLYMOUTH MEETING, PA 19462 TELEPHONE: 15) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T: AZA, Cx-dQlr Le Protho otary/qe ,v io J L ] ?Q Deputy Date: Seal of the Court 80434-20 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE BEACON 1201 HARRISBURG PIKE CARLISLE, PA 17013 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social security *: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-x SU10-0740692 80434-L20 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. ORIGI)k COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 M n b if f ?J . MCGREEVEY, ESQ. ' torney for D ENDANT R1.79 116-H DE12-0253361 80434-L21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPORNA TO PRODUCE DOCOMMM AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations } TO: DAVID S..WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days.from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived'or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: .07/01/2008 i CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 R1.7.3 116-H MCS on behalf of JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT. THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA,. PA 19103 (215) 246-0900 DE02-0397138 80434-COI >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CENTER CARLISLE REGIONAL MED. CUNlUR MIRA ORTHOPEDICS HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER J. SPENCE REID, M.D. KENNETH GUISTWHITE, D.D.S. ORTHOPEDIC & SPINE P.T. ANTHEM BLUE CROSS DR. ERNEST DAVIS DANA BURKHOLDER, M.D. RESULTS THERAPY & FITNESS SHIPPENSBURG HEALTHCARE CENTER PPG INDUSTRIES INC JFC GLOBAL & TEMPS AMAZON. COM, INC. EVENING SENTINEL BLUR BEACON KWIK FILL CLOUSE TRUCKING SSA-DISABILITY MEDICAL RECORDS MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) INSURANCE MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) MEDICAL, BILLING, AND X-RAY(S) EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT DISABILITY FILE R1.73 116-H D$02-0397138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK VS. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KWIK FILL (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 RIDER * * * * at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadelphia, PA 19103 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. TIES SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JOHN MCGREEVEY. ES ADDRESS: 630 WEST GERMANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C T: Proth notary/CI is' n JUL 16 2008 Deputy Date: Jul\ f 21no A Seal of the Court 80434-21 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KWIK FILL 244 YORK CARLISLE, PA 17015 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMBS R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: XXX-XX-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740694 80434-L21 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JAMES R. CLARK _VS_ ROBERT P. BORAN, MD. ORIGINN COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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. +SSO(O'An b half of DATE: 07/01/2008 CGREEVEY, ESQ. ) ney for D ENDANT R1.79 116-H DE12-0253362 80434-L22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: ..JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ( Note: see enclosed list of locations ) TO: DAVID S _ WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCSoffice. DATE: 07/01/2008 MCS on behalf of CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI, ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 4800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 1.16-H D802-0397238 80434-C01 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTE R MEDICAL RECORDS CARLISLE REGIONAL MED. CENTE R MEDICAL RECORDS CARLISLE REGIONAL MED. CENTE R X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENT ER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUN BEACON EMPLOYMENT KWIK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 81.73 116-H DE0270397138 80434-C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK vs. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CLOUSE TRUCKING (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 RIDER**** at The MCS Group Inc 1601 Market Street Suite 800, Philadelphia PA 1 103 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: JOHN MCGREEVEY. ESQ. ADDRESS: 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEEDN . PA 19462 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE URT: Prot onotary/Clap , isi ?! ?Wa Deputy Date: Seal of the Court 80434-22 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CLOUSE TRUCKING 2075 RITTNER HIGHWAY CARLISLE, PA 17015 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social Security #: %SS-%8-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740696 80434-L22 CERTIFICATE IN THE MATTER OF: JAMES R. CLARK PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 COURT OF COMMON PLEAS _VS_ ROBERT P. BORAN, MD. TERM, CUMBERLAND CASE NO: 07-2783 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JOHN MCGREEVEY, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/01/2008 / S n JVhalf of 1 sf ion.'` J MCGREEVEY ESQ. torney for D FENDANT R1.79 116-H DE12-0253363 80434-L23 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JAMES R. CLARK -VS- ROBERT P. BORAN, MD. COURT OF COMMON PLEAS TERM, CASE NO: 07-2783 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: DAVID S. WISNESKI, ESQ., PLAINTIFF COUNSEL MCS on behalf of JOHN MCGREEVEY, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS' office. DATE: .07/01/2008 MCS on behalf of CC: JOHN MCGREEVEY, ESQ. - 185-217 Any questions regarding this matter, contact DAVID S. WISNESKI,.ESQ. 2040 LINGLESTOWN RD STE 303 HARRISBURG, PA 17110 JOHN MCGREEVEY, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.73 116-H D202-.039713,9, 80434-CO1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER MEDICAL RECORDS CARLISLE REGIONAL MED. CENTER X-RAY ONLY MIRA ORTHOPEDICS MEDICAL RECORDS HERSHEY MEDICAL CENTER MEDICAL RECORDS HERSHEY MEDICAL CENTER BILLING ONLY HERSHEY MEDICAL CENTER X-RAY ONLY J. SPENCE REID, M.D. MEDICAL, BILLING, AND X-RAY(S) KENNETH GUISTWHITE, D.D.S. MEDICAL, BILLING, AND X-RAY(S) ORTHOPEDIC & SPINE P.T. MEDICAL, BILLING, AND X-RAY(S) ANTHEM BLUE CROSS INSURANCE DR. ERNEST DAVIS MEDICAL, BILLING, AND X-RAY(S) DANA BURKHOLDER, M.D. MEDICAL, BILLING, AND X-RAY(S) RESULTS THERAPY & FITNESS MEDICAL, BILLING, AND X-RAY(S) SHIPPENSBURG HEALTHCARE CENTER MEDICAL, BILLING, AND X-RAY(S) PPG INDUSTRIES INC EMPLOYMENT JFC GLOBAL & TEMPS EMPLOYMENT AMAZON. COM, INC. EMPLOYMENT EVENING SENTINEL EMPLOYMENT BLUE BEACON EMPLOYMENT KWZK FILL EMPLOYMENT CLOUSE TRUCKING EMPLOYMENT SSA-DISABILITY DISABILITY FILE 21.73 116-x DL02-0397138 80434-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES R. CLARK vs. ROBERT P. BORAN, MD. File No. 07-2783 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SSA-DISABILITY (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 RIDER**** at The MCS Group, Inc„ 1601 Market Street. Suite 800. Philadelphia. PA 19103 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: JOHN MCGREEVEY, ES ADDRESS: 630 WEST GERMANTO` TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE C R*'i Protho otary/Clin L 1 pg Date: Deputy Seal of the Court 80434-23 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SSA-DISABILITY 1234 MARKET ST. 20TH FL. PHILADELPHIA. PA 19103 RE: 80434 JAMES R. CLARK Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire disability file, including but not limited to medical reports and /or records, claims, any and all correspondence, documentation supporting plaintiffs claim, applications, payments including dates of payments, payee and reasons for payments, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JAMES R. CLARK 413 FIRST AVE, CARLISLE, PA 17013 Social security #: 193-68-1294 Date of Birth: 08-21-1985 R1.73 116-H SU10-0740698 80434-L23 ??? r-- - _ sy (?,? ?? r , .?.,?? _L _. t:_ ?:, ?, -- 1 r ., t.,.? : w::. JAMES R. CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and CIVIL ACTION - MEDICAL APPALACHIAN ORTHOPEDIC PROFESSIONAL LIABILITY ACTION CENTER, LTD., Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION REQUESTING THE COURT TO SCHEDULE A CASE MANAGEMENT CONFERENCE AND TO ISSUE A SCHEDULING ORDER PURSUANT TO PA. R.C.P. 1042.41 AND NOW, comes the Plaintiff, James R. Clark, by and through his attorneys, Navitsky, Olson & Wisneski LLP and hereby moves Your Honorable Court to schedule a Case Management Conference and to issue a Scheduling Order in the above-captioned case for the following reasons: 1. This is a medical negligence action that was commenced via the filing of a Writ of Summons on or about May 7, 2007. 2. Plaintiff's Complaint was filed on or about October 3, 2007. 3. Defendant Robert P. Boran, Jr., M.D.'s Answer to Plaintiff's Complaint was filed on or about November 5, 2007. A copy of the Certificate of Service for the Answer is attached hereto as Exhibit "A". 4. Defendant Appalachian Orthopedic Center, Ltd.'s Answer to Plaintiff's Complaint was filed on or about December 11, 2007. 5. Discovery in this case has been ongoing. 6. Pursuant to Pa. R.C.P. 1042.41, Plaintiff respectfully requests that the Court schedule a Case Management Conference in order to set a timetable for the completion of discovery and the production of expert reports. 7. Plaintiff believes that it would also be beneficial, given counsels' trial calendars and the necessity of scheduling expert witnesses, to discuss possible trial dates during the course of such a conference. 8. No judge has previously ruled upon any issue in this matter. 9. Plaintiff sought the concurrence of John F. McGreevey, Esquire, who is counsel for Defendant, Robert P. Boran, Jr., M.D., on September 24, 2008, and Attorney McGreevey granted his concurrence to this Motion. 10. Plaintiff sought the concurrence of Dean F. Piermattei, Esquire, who is counsel for Defendant, Appalachian Orthopedic Center, Ltd., on November 13, 2008, and Attorney Piermattei granted his concurrence to this Motion. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to schedule a Case Management Conference in the above-captioned case, and, following such Conference, to issue a Scheduling Order. Respectfully submitted, NAVITSKY, OLSON & WISNESKLLLP David S. Wisneski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: November 13, 2008 F KILCOYNE & NESBITT, LLC BY: JOHN F. MCGREEVEY ATTY. I.D. NO. 64610 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, John F. McGreevey, Esquire, hereby certify that a true and correct copy of the Answer and New Matter of Defendant Robert P. Boran, Jr., M.D. to Plaintiff's Complaint was forwarded on September 24, 2007 first class mail, postage prepaid to the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Square, 120i Floor P.O. Box 1146 Harrisburg, PA 17108-1146 DATED: i0 "0167 G F. MMcGREEVB1Y CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiff s Motion Requesting the Court to Schedule a Case Management Conference and to Issue a Scheduling Order Pursuant to Pa. R.C.P. 1042.41 was served upon the following persons by first-class United States mail, postage prepaid on November 13, 2008 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12th Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauffer C CZ, l Tip .. ..°+ r ? ;3 77 O -,? 7 2008 JAMES R. CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and CIVIL ACTION - MEDICAL APPALACHIAN ORTHOPEDIC PROFESSIONAL LIABILITY ACTION CENTER, LTD., Defendants JURY TRIAL DEMANDED ORDER AND NOW, upon consideration of Plaintiff's Motion Requesting The Court to Schedule a Case Management Conference and to Issue a Scheduling Order pursuant to Pa.R.C.P. 1042.41, it is hereby Ordered that a Case Management Conference will be held in this matter on the 16 Vday of AdIIA? J1 200, at a 102) o'clock anq?pm. The Conference will take place before The Honorable in and counsel for all parties shall attend. BY THE COURT: r r???e rr a do 8' .? N c 4C c at ° ? ?t. JAMES R. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-2783 CIVIL ROBERT P. BORAN, JR., M.D. and : APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this / G day of January, 2009, following conference with counsel, the following case management order is entered: 1. All discovery in this case will be completed on or before May 15, 2009; 2. The plaintiff's expert reports will be forthcoming on or before June 15, 2009; 3. Defense expert reports will be provided on or before August 1, 2009; and 4. The plaintiff's rebuttal expert reports will be forthcoming on or before September 1, 2009. It is expected that this case will be tried during the civil week commencing November 16, 2009, and counsel are reminded that the cut-off date for listing cases for that term is September 28, 2009. BY THE COURT, 8 8 :S WIV I Z NVF OR Oko. David S. Wisneski, Esquire For the Plaintiff John F. McGreevey, Esquire For Defendant Boran Dean F. Piermattei, Esquire For Defendant Appalachian Orthopedic Center :rlm Defendants NO. 2007-2783 JURY TRIAL DEMANDED NOTICE TO PLEAD Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant JAMES R. CLARK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. ROBERT P. BORAN JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. TO: Robert P. Boran, Jr., M.D. c/o John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, RH By: uth Market Square O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Appalachian Orthopedic Center, LTD 742249.1 ti Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2007-2783 JURY TRIAL DEMANDED DEFENDANT APPALACHIAN ORTHOPEDIC CENTER LTD'S CROSS-CLAIM AGAINST DEFENDANT ROBERT P. BORAN JR., M.D. NOW COMES, Defendant Appalachian Orthopedic Center, LTD, through its counsel Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant JAMES R. CLARK V. Plaintiff ROBERT P. BORAN JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Rhoads and Sinon LLP, and files the following Cross-Claim against Defendant Robert P. Boran, Jr., M.D., and avers as follows: PARTIES 1. Plaintiff, James R. Clark is an adult individual who resides at 34 Parsonage Street, Newville, Cumberland County, Pennsylvania. 2. Defendant, Robert P. Boran, Jr., M.D. ("Dr. Boran" or "Defendant Boran"), is an adult individual, a physician licensed to practice medicine in the Commonwealth of Pennsylvania. 3. Defendant, Appalachian Orthopedic Center, Ltd. ("Appalachian Orthopedic"), is a limited partnership, professional corporation, or similar entity duly organized and registered in Pennsylvania which, at all relevant times, engaged in the business of providing orthopedic services to the public with its place of business in Carlisle, Cumberland County, Pennsylvania. COUNT I- CROSS CLAIM (Appalachian Orthopedic v. Dr. Boran) 4. The allegations in Paragraph 1- 3 are incorporated herein by reference. 5. On or about October 3, 2007, Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County. 6. Plaintiffs cause of action is stated in its Complaint and said Complaint is incorporated, without admission or adoption, as if the same were more fully set forth at length herein. A copy of Plaintiff's Complaint is attached hereto as Exhibit A. 7. On December 10, 2007, Appalachian Orthopedic filed an Answer and New Matter to Plaintiff's Complaint. A copy of Appalachian Orthopedic's Answer and New Matter is attached hereto as Exhibit B and incorporated herein by reference. 8. Appalachian Orthopedic did not have control over the actions, omissions or care provided to Plaintiff by Dr. Boran. 9. Appalachian Orthopedic believes, and therefore avers, that if the allegations set forth in the Plaintiff's Complaint are proven to be true at trial, such allegations being expressly denied, any damages suffered were caused solely by the actions of Defendant Boran, and not by Appalachian Orthopedic. 10. Appalachian Orthopedic believes, and therefore avers, that if the allegations set forth in the Complaint are proven to be true at trial, such allegations being expressly denied, then, alternatively, Dr. Boran is jointly and/or severally liable to the Plaintiff or responsible for liability over to Appalachian Orthopedic. -2- 4 11. Appalachian Orthopedic believes, and therefore avers, that if the allegations set forth in the Complaint are proven to be true at trial, such allegations being expressly denied, then, alternatively, Dr. Boran is liable to Appalachian Orthopedic for contribution and/or indemnification. WHEREFORE, Appalachian Orthopedic demands judgment in its favor and against Plaintiff. In the alternative, if judgment is entered in favor of Plaintiff then judgment is demanded in favor of Appalachian Orthopedic and against Dr. Boran holding him solely liable to Plaintiff or liable over to Appalachian Orthopedics for contribution or indemnification, together with costs and attorneys' fees. One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Appalachian Orthopedic Center, LTD -3- Respectfully submitted, EXHIBIT A 549937.1 JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street ?n- ? o Carlisle, PA 17013 ._., 1-800-990-9108 N ';j r- • w « JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accidn dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 JAMES R. CLARK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION CENTER, LTD., ^? o Defendants JURY TRIAL DEMANDED' COMPLAINT' --' I. Plaintiff James R. Clark is an adult individual who resides at 34 Par?ohage reet,-1;-, b Newville, Cumberland County, Pennsylvania. -: 2. Defendant, Robert P. Boran, Jr., M.D., is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania. 3. In 2005, Defendant Robert P. Boran, Jr., M.D., (hereinafter Defendant Boran) practiced orthopedic surgery in Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff is asserting a professional liability claim against Defendant Boran. 5. Defendant Appalachian Orthopedic Center, Ltd., (hereinafter referred to as Defendant Appalachian) is a limited partnership, professional corporation, or similar entity duly organized and registered in Pennsylvania which, at all relevant times herein, engaged in the business of providing orthopedic services to the public with its place of business in Carlisle, Cumberland County, Pennsylvania. 6. All times relevant to this Complaint, Defendant Boran was an agent, apparent agent, servant and/or employee of Defendant Appalachian, and was acting in such capacity. 7. Plaintiff is asserting a professional liability claim against Defendant Appalachian by virtue of the actions and/or inactions of Defendant Boran. 8. On Saturday May 14, 2005, at approximately 7:00 p.m., James R. Clark, a 19-year old male, was injured in an ATV accident. 9. Mr. Clark presented to the Carlisle Regional Medical Center on Saturday, May 14, 2005 for treatment of his accident-related injuries. 10. At Carlisle Regional Medical Center, Mr. Clark came under the care of the on-call orthopedic surgeon, Defendant Robert P. Boran, Jr.. 11. Defendant Boran diagnosed Mr. Clark has having a displaced open right distal femoral supracondylar fracture. 12. During the evening of May 14, 2005, Defendant Boran performed debridement, lavage and closed IM retrograde femoral rodding of Mr. Clark's fracture. 13. According to Defendant Boran's operative report dated May 14, 2005, Defendant Boran used an image intensifier (intraoperative fluoroscopy) during the operation. 14. Prior to Defendant Boran's surgery, x-rays were taken of Mr. Clark's right femoral fracture. 15. Plaintiff avers that these pre-operative films (5114105) demonstrate significant displacement, angulation and mal-alignment of Mr. Clark's distal right femoral fracture. lb. On post-op day one (5/15/05), Defendant Boran ordered additional x-rays of Mr. Clark's right femur. 17. Defendant Boran interpreted the May 15, 2005 films as, "x-rays show very good alignment of fracture and intact fixation." 2 18, In fact, the post-operative May 15, 2005 x-rays of Mr. Clark's right knee and right lower extremity show approximately a 10 degree to 12 degree valgus angulation at the fracture site with approximately one quarter inch (1/4") shortening of the femur at the fracture site. 19. Additionally, the May 15, 2005 films demonstrate that the intramedullary rod placed by Defendant Boran was not properly positioned; the rod was not centered in Mr. Clark's femoral canal, causing the valgus alignment noted. 20. Moreover, the May 15, 2005 x-rays demonstrate that the distal screws placed by Defendant Boran were not at a right angle to Mr. Clark's distal femur, and that there was only about 60% of bone contact between the proximal and distal main fracture fragments of Mr. Clark's right distal femur. 21. Plaintiff avers that Defendant Boran did not appropriately align the distal femoral supracondylar fracture of Mr. Clark prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 22. Plaintiff further avers that this failure resulted in a 10 degree to 12 degree valgus angulation with only about 60% of bony contact of the main fracture fragments, as well as approximately one quarter inch (%4") shortening at the fracture sight because of the mal- alignment by Defendant Boran. 23. This mal-alignment of the fracture should have been recognized by Defendant Boran in the operating room and should have been corrected before the surgery ended on May 14, 2005. 24. Furthermore, Plaintiff avers that the retrograde intramedullary (IM) rod that Defendant Boran inserted in Mr. Clark's right femur on May 14, 2005 was not properly 3 positioned by Defendant Boran and was not inserted by Defendant Boran parallel to Mr. Clark's femoral shaft. 25. This improper insertion of the retrograde femoral IM rod and screws by Defendant Boran, in addition to Defendant Boran's failure to align Mr. Clark's leg, caused the 10 degree to 12 degree valgus mal-alignment of Mr. Clark's distal femur fracture. 26. Defendant Boran should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws in the operating room on May 14, 2005, and should have corrected same before the surgery ended on May 14, 2005. 27. Plaintiff avers that for Defendant Boran not to have recognized the mal-alignment of the fracture in the operating room and not to have corrected it before the surgery ended on May 14, 2005 was a deviation from the acceptable standard of orthopedic care. 28. Certainly, Defendant Boran should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws after the x-rays of May 15, 2005, on which the mal-alignment was obvious. 29. Plaintiff avers that for Defendant Boran to have read the May 15, 2005 films as normal, and to have failed to immediately undertake corrective action, when the mal-alignment on the films was so obvious, was a deviation from the acceptable standard of orthopedic care. 30. Defendant Boran should not have accepted the mal-alignment in Mr. Clark's right leg and should have scheduled Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 31. Defendant Boran discharged Mr. Clark from the Carlisle Regional Medical Center on May 19, 2005, with instructions to follow-up with him in approximately one week. 4 32. At discharge, Defendant Boran instructed Mr. Clark to be partial "weight of leg" bearing on the right leg as instructed by physical therapy. 33. On May 27, 2005, Mr. Clark had his follow-up appointment with Defendant Boran at his office at Appalachian Orthopaedic Center. 34. At this visit on May 27, 2005, Defendant Boran obtained x-rays of Mr. Clark's right femur. 35. According to the records, Defendant Boran interpreted the films as showing, "AP and lateral of the right femoral shaft shows no change in alignment at the fracture site for the immediate post-operative films. The internal fixation is in good alignment without evidence of any loss or change in the internal fixation." 36. Plaintiff avers that the radiological findings on the May 27, 2005 x-rays are identical to the mal-alignment, valgus angulation, femoral shortening and demonstrate the same improper insertion of the IM rod and screws evident on the May 15, 2005 films of Mr. Clark. 37. Plaintiff avers that for Defendant Boran to have read the May 27, 2005 films as normal and to have failed to immediately undertake corrective action, when the mal-alignments on the films were so obvious, was a deviation from acceptable standard of orthopedic care. 38. Additionally, on May 27, 2005, Defendant Boran, after viewing the films, should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws, when such mal-alignments were obvious. 39. Defendant Boran should not have accepted the mal-alignment on the May 27, 2005 films and should have scheduled Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 5 40. At the conclusion of the May 27, 2005 office visit, Defendant Boran instructed Mr. Clark to continue with weight bearing ambulation and indicated that he should return to the office in about two weeks for continued follow-up with either Drs. Green, Hely or Oplinger. 41. At some date subsequent to May 27, 2005, Defendant Boran left Defendant Appalachian Orthopaedic Center and moved to Pottsville, Pennsylvania. The exact date is unknown to Plaintiff. 42. On June 13, 2005, Mr. Clark returned to Defendant Appalachian Orthopaedic Center and saw Defendant Boran's partner, Dr. Hely. 43. At this visit, Dr. Hely did not note that he reviewed or ordered any x-rays. However, he noted that Mr. Clark had no apparent problems, that his wounds looked clean, and that there was no sign of infection. 44. Dr. Hely recommended that Mr. Clark begin quad sets, straight leg raising, limited activity to include advancing to stationary bike exercises as his pain allowed and for Mr. Clark to follow-up in four weeks for re-examination and x-ray of his right femur. 45. On July 8, 2005, Mr. Clark returned to Dr. Hely with complaints of some swelling in his right foot and leg and very poor right lower extremity control. 46. Dr. Hely's impression was marked weakness in the right lower extremity following fracture. 47. Dr. Hely's plan was strengthening and motion program for Mr. Clark's right lower extremity with follow-up x-ray and re-exam in two weeks. 48. Mr. Clark returned to Dr. Hely on July 29, 2005, at which time an x-ray was taken of Mr. Clark's right femur. 6 49. Dr. Hely recorded, "The x-ray taken today shows angulation of the distal fragment, which appears to be more than I would accept." 50. Dr. Hely additionally recorded, "The knee flexion and the examination do not show any signs of difficulty, but the angulation on the AP view of the x-ray suggest that we should correct the potential deformity." 51. Plaintiff avers that the findings on the July 29, 2005 x-rays are consistent with the findings on the May 27, 2005 and May 15, 2005 x-rays of Mr. Clark's right lower extremity. 52. Before Mr. Clark's next visit with Dr. Hely, Mr. Clark sought a second opinion from another orthopedic physician. This orthopedic physician, Dr. Mira, also recommended corrective surgery to prevent continued mal-union of Mr. Clark's right femur. 53. On August 16, 2005, Dr. Hely performed a removal of hardware, take down of mal-union with open reduction internal fixation, routine supracondylar locking plate at the Carlisle Regional Medical Center. 54. For this corrective surgery, Mr. Clark was admitted to Carlisle on August 16, 2005, and was discharged on August 19, 2005. 55. Subsequent to this corrective surgery, Mr. Clark developed a post-operative infection in his right leg. 56. The surgery performed by Dr. Hely on August 16, 2005, and the subsequent infection of Mr. Clark's right leg, would have been avoided had Defendant Boran properly aligned and treated Mr. Clark's fracture on May 14, 2005. 57. The post-operative infection caused Mr. Clark to suffer several hospitalizations and surgeries in 2005 and 2006 at the Carlisle Regional Medical Center and at the Hershey Medical Center. 7 58. The infection and surgeries related thereto have caused Mr. Clark to undergo extensive physical therapy. 59. To date, Mr. Clark continues to be followed by the orthopedic surgeons at the Sports Medicine Center of the Hershey Medical Center for right leg problems. 60. These subsequent hospitalizations, surgeries, physical therapy and problems with Mr. Clark's right leg would have been avoided had Defendant Boran properly aligned and treated Mr. Clark's fracture on May 14, 2005. 61. As a direct and proximate result of Defendants' negligence as specified herein, Mr. Clark was placed at an increased risk of developing an infection, tissue, muscle, tendon, ligament, and joint damage, nerve injury, the need for extensive surgeries and additional hospitalizations and therapies, and a claim is made therefor. 62. As a direct and proximate result of Defendants' negligence as stated herein, a significant delay occurred in the diagnosis and treatment of the mal-union of Mr. Clark's right femur, which resulted in bone, tissue, muscle, tendon, ligament, and joint damage, nerve injury, the need for extensive surgeries and additional hospitalizations and therapies, and a claim is made therefor. 63. As a direct and proximate result of the negligence of Defendants, as stated herein, Mr. Clark has suffered permanent and severe injuries including, but not limited to, infection in his right leg, his right leg being a quarter inch (1/4") shorter than his left leg, additional surgeries, transfusions, additional therapies and significant damage to his right knee joint, and claim is made therefor. 64. The injuries suffered by Plaintiff are a direct and proximate result of the negligence of the named Defendants as set forth herein. 8 65. The substandard care of Defendants as set forth herein increased the risk of harm to Plaintiff. 66. Defendants are jointly and severally liable to Plaintiff for the injuries and damages set forth herein. COUNTI JAMES R. CLARK V. ROBERT P. BORAN, JR., M.D. 67. Paragraphs 1 through 66 of this Complaint are incorporated herein by reference as if set forth at length. 68. Plaintiffs' injuries and damages as alleged herein were directly and proximately caused by Defendant Boran's negligence as set forth in paragraphs 70 through 94 below. 69. As a direct and proximate result of his negligence as set forth in paragraphs 70 through 94 below, Defendant Boran is liable to Plaintiff for the injuries and damages alleged herein. 70. Defendant Boran failed to properly align Mr. Clark's distal femoral supracondylar fracture prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 71. Defendant Boran failed to properly position the intramedullary rod during the course of the May 14, 2005 surgery performed upon Plaintiff. 72. Defendant Boran failed to center the intramedullary rod in Mr. Clark's femoral canal during the course of the May 14, 2005 surgery performed upon Plaintiff. 73. Defendant Boran failed to recognize the mal-alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 74. Defendant Boran failed to correct the mal-alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 9 75. Defendant Boran failed to properly insert the retrograde intramedullary (IM) rod into Mr. Clark's right femur on May 14, 2005, so that the rod was parallel to Mr. Clark's femoral shaft. 76. Defendant Boran failed to recognize the improper insertion of the IM rod and screws during the operation on May 14, 2005. 77. Defendant Boran failed to correct the improper insertion of the IM rod and screws before the surgery ended on May 14, 2005. 78. Defendant Boran failed to recognize the improper alignment during the May 14, 2005 surgery so that it could be corrected before the surgery ended. 79. Defendant Boran failed to recognize the improper alignment on the May 15, 2005 post-operative x-rays. 80. Defendant Boran failed to recognize the improper alignment on the May 27, 2005 post-operative x-rays. 81. Defendant Boran failed to recognize the improper insertion of the IM rod and screws on the May 15, 2005 post-operative x-rays. 82. Defendant Boran failed to recognize the improper insertion of the IM rod and screws on the May 27, 2005 post-operative x-rays. 83. Defendant Boran failed to properly read and/or interpret the x-ray films taken on May 15, 2005. 84. Defendant Boran failed to properly read and/or interpret the x-ray films taken on May 27, 2005. 10 85. Defendant Boran failed, upon reviewing the May 15, 2007 x-rays to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal- alignment. 86. Defendant Boran failed, upon reviewing the May 27, 2005 x-rays to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal- alignment. 87. Defendant Boran failed to properly manage Mr. Clark's orthopedic care while Mr. Clark was his patient. 88. Defendant Boran failed to timely diagnose the improper alignment and improper rod and screw insertion in Mr. Clark's right lower extremity. 89. Defendant Boran failed to timely correct the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 90. Defendant Boran failed to order or obtain a second orthopedic opinion on Mr. Clark. 91. Defendant Boran failed to treat the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 92. Defendant Boran failed to properly maintain complete and accurate records for Mr. Clark during the relevant times of the treatment. 93. Defendant Boran failed to make Mr. Clark aware of the potential harm he could suffer from having an improperly aligned right leg and improperly placed rod and screws in his right leg. 94. Defendant Boran delayed surgery to correct the improper surgical alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 11 95. As a direct and proximate result of Defendant, Robert P. Boran, Jr., M.D.'s, negligence as set forth above, Plaintiff James R. Clark suffered permanent and severe injuries including, but not limited to, a second surgery to correct Defendant's negligence, a severe infection therefrom, additional surgeries and a 1/4" shortening of the right leg, as well as significant damage to his right knee joint, which will more likely than not require a total knee replacement at some point in the future. 96. As a direct and proximate result of Defendant's negligence as set forth herein, Mr. Clark has experienced, and will in the future experience, decreased movement, numbness and swelling in his right lower extremity, and claim is made therefor. 97. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark is no longer able to stand for any length of time without developing swelling and pain in his right lower extremity, and claim is made therefor. 98. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark endured hospitalizations, multiple surgical procedures, transfusions, and months of intensive dressing changes and physical and medication therapies, and may require same in the future, including a total knee replacement, and for these a claim is made therefor. 99. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has incurred, and will in the future incur, medical and rehabilitative bills and expenses, and claim is made therefor. 100. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has suffered lost wages as a result of not being able to fulfill his employment, and claim is made therefor. 101. As a direct and proximate result of Defendant's negligence as stated herein, Mr. 12 Clark has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 102. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark has sustained extensive scarring and disfigurement to his right lower extremity, which may be permanent, and claim is made therefor. 103. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark has been, and in the future will be, subjected to great humiliation and embarrassment, and claim is made therefor. 104. As a direct and proximate result of Defendant's negligence, Plaintiff Mr. Clark has sustained a loss of earning capacity and earning power, and claim is made therefor. WHEREFORE, Plaintiff, James R. Clark demands judgment against Defendant Robert P. Boran, Jr., M.D., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interests, costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II JAMES R. CLARK V APPALACHIAN ORTHOPEDIC CENTER, LTD. 105. Paragraphs 1 through 66 of this Complaint are incorporated herein by reference as if set forth at length. 106. At all times relevant to this Complain, Defendant Boran was a servant, agent, apparent agent and/or employee of Defendant Appalachian and was acting in such capacity. 107. Defendant Appalachian is vicariously liable for the acts and/or omissions of Defendant Boran. 13 108. Plaintiffs' injuries and damages as alleged herein were directly and proximately caused by the negligence of Defendant Appalachian's servant, agent, apparent agent, and/or employee, Defendant Boran, as set forth in paragraphs 110 through 134 below. 109. As a direct and proximate result of the negligence of its servant, agent, apparent agent, and/or employee, Defendant Boran, as set forth in paragraphs 110 through 134 below, Defendant Appalachian Orthopedic Center, Ltd. is liable to Plaintiff for the injuries and damages alleged herein. 110. Said servant, agent, apparent agent and/or employee failed to properly align Mr. Clark's distal femoral supracondylar fracture prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 111. Said servant, agent, apparent agent and/or employee failed to properly position the intramedullary rod during the course of the May 15, 2005 surgery performed upon Plaintiff. 112. Said servant, agent, apparent agent and/or employee failed to center the intramedullary rod in Mr. Clark's femoral canal during the course of the May 14, 2005 surgery performed upon Plaintiff. 113. Said servant, agent, apparent agent and/or employee failed to recognize the mal- alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 114. Said servant, agent, apparent agent and/or employee failed to correct the mal- alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 115. Said servant, agent, apparent agent and/or employee failed to properly insert the retrograde intramedullary (IM) rod into Mr. Clark's right femur on May 14, 2005, so that the rod was parallel to Mr. Clark's femoral shaft. 14 116. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws during the operation on May 14, 2005. 117. Said servant, agent, apparent agent and/or employee failed to correct the improper insertion of the IM rod and screws before the surgery ended on May 14, 2005. 118. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment during the May 14, 2005 surgery so that it could be corrected before the surgery ended. 119. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment on the May 15, 2005 post-operative x-rays. 120. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment on the May 27, 2005 post-operative x-rays. 121. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws on the May 15, 2005 post-operative x-rays. 122. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws on the May 27, 2005 post-operative x-rays. 123. Said servant, agent, apparent agent and/or employee failed to properly read and/or interpret the x-ray films taken on May 15, 2005. 124. Said servant, agent, apparent agent and/or employee failed to properly read and/or interpret the x-ray films taken on May 27, 2005. 125. Said servant, agent, apparent agent and/or employee failed, upon reviewing the May 15, 2007 x-rays, to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 15 126. Said servant, agent, apparent agent and/or employee failed, upon reviewing the May 27, 2005 x-rays, to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 127. Said servant, agent, apparent agent and/or employee failed to properly manage Mr. Clark's orthopedic care while Mr. Clark was his patient. 128. Said servant, agent, apparent agent and/or employee failed to timely diagnose the improper alignment and improper rod and screw insertion in Mr. Clark's right lower extremity. 129. Said servant, agent, apparent agent and/or employee failed to timely correct the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 130. Said servant, agent, apparent agent and/or employee failed to order or obtain a second orthopedic opinion on Mr. Clark. 131. Said servant, agent, apparent agent and/or employee failed to treat the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 132. Said servant, agent, apparent agent and/or employee failed to properly maintain complete and accurate records for Mr. Clark during the relevant times of the treatment. 133. Said servant, agent, apparent agent and/or employee failed to make Mr. Clark aware of the potential harm he could suffer from having an improperly aligned right leg and improperly placed rod and screws in his right leg. 134. Said servant, agent, apparent agent and/or employee delayed surgery to correct the improper surgical alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 135. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff James R. Clark suffered permanent 16 and severe injuries including, but not limited to, a second surgery to correct Defendant's negligence, a severe infection therefrom, additional surgeries and a 1/4" shortening of the right leg, as well as significant damage to his right knee joint, which will more likely than not require a total knee replacement at some point in the future. 136. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has experienced, and will in the future continue to experience, decreased movement, numbness and swelling in his right lower extremity, and claim is made therefor. 137. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark is no longer able to stand for any length of time without developing swelling and pain in his right lower extremity, and claim is made therefor. 138. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark endured hospitalizations, multiple surgical procedures, transfusions, and months of intensive dressing changes and physical and medication therapies, and may require same in the future, including a total knee replacement, and for these a claim is made therefor. 139. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff has incurred, and will in the future incur, medical and rehabilitative bills and expenses, and claim is made therefor. 140. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff has suffered lost wages as a result of not being able to fulfill his employment, and claim is made therefor. 17 141. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 142. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has sustained extensive scarring and disfigurement to his right lower extremity, which may be permanent, and claim is made therefor. 143. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has been, and in the future will be, subjected to great humiliation and embarrassment and claim is made therefor. 144. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff Mr. Clark has sustained a loss of earning capacity and earning power, and claim is made therefor. WHEREFORE, Plaintiff, James R. Clark demands judgment against Defendant Appalachian Orthopedic Center, Ltd., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interests, costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVIT,B`M OLSON & WJSNESK> LLP David S. Wisheski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Date: October 3, 2007 717/541-9205 Counsel for Plaintiff VERIFICATION I, James R. Clark, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the provisions of 18 Pa.C.S. §4904, relating to the unsworn falsification to authorities. Date: October 3, 2007 K?? -,-e n??7? James R. Clark CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person by first-class United States mail, postage prepaid on October 3, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 120 Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. . ?6 - Lois E. Stauffer EX?IIBIT B Dean F. Piennattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant JAMES R. CLARK V. Plaintiff ROBERT P. BORAN JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2007-2783 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: James R. Clark c/o David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17101 y T L:) - , rt YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, RHOADS & SINON LLP By: an F fEaltei South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Appalachian Orthopedic Center, LTD Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2007-2783 JURY TRIAL DEMANDED DEFENDANT APPALACHIAN ORTHOPEDIC CENTER LTD'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT NOW COMES the Defendant Appalachian Orthopedic Center, LTD, ("Appalachian") JAMES R. CLARK v. Plaintiff ROBERT P. BORAN JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. through its counsel Rhoads and Sinon LLP, and files the following Answer and New Matter, and avers as follows: 1. Denied. After reasonable investigation Appalachian is without sufficient information or knowledge to form a belief as to the truth of this averment and therefore the same is denied. Specific proof is demanded at trial. 2. Admitted in part. It is admitted that at one point in time, Robert P. Boran, Jr. (`Koran") was licensed to practice medicine in the Commonwealth of Pennsylvania. Appalachian is without sufficient information or knowledge to form a belief as to whether Boran is currently licensed to practice in the Commonwealth of Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 672251.1 6. This paragraph contains conclusions of law which do not require a response. To the extent this paragraph contains allegations of fact, it is specifically denied that at all relevant times, Dr. Boran was an agent, apparent agent, servant and/or employee of Appalachian and was acting in such capacity. Specific proof of this allegation is demanded at trial. 7. Denied. The allegations of the Plaintiff's Complaint speak for themselves, and any attempt to misconstrue the same is specifically denied. 8-66. These paragraphs are denied pursuant to Pa.R.Civ.P. 1029(e). COUNTI JAMES R. CLARK V. ROBERT P. BORAN, JR., M.D. 67-104. These allegations are addressed to a party other than Appalachian, and no response is therefore required from Appalachian. To the extent any factual averments are incorporated therein, Appalachian incorporates by reference its answers as set forth in paragraphs 1 through 66 above. COUNT II JAMES R. CLARK V. APPALACHIAN ORTHOPEDIC CENTER, LTD. 105. Appalachian incorporates its answers as set forth in paragraphs 1 through 66 above. 106. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, it is specifically denied that Defendant Boran at all relevant times was the servant, agent, apparent agent and/or employee of Defendant Appalachian and was acting in such capacity at the time of Plaintiff's alleged injuries. - 2 - 107. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, it is specifically denied that Appalachian is vicariously liable for any acts and/or omissions which were allegedly committed by Boran. 108. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, it is specifically denied that Plaintiff suffered any injuries and damages as alleged in the Complaint and that the same were directly and proximately caused by the negligence of Dr. Boran. By way of further answer, the remaining allegations in this paragraph are denied for the reasons set forth in paragraphs 106 and 107 above which are incorporated herein by reference. 109. The allegation in this paragraph is a conclusion of law and does not require a response. To the extent that this paragraph contains factual averments, the same are specifically denied for the reasons set forth in paragraphs 106 and 107 above, which are incorporated herein by reference. 110-144. The allegations in these paragraphs are conclusions of law and do not require a response. To the extent that these paragraph contain factual averments, the same are specifically denied for the reasons set forth in paragraphs 106 and 107 above, which are incorporated herein by reference, and pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Appalachian Orthopedic Center, LTD respectfully requests that this Court enter a judgment in its favor and against the Plaintiff, together with interest, costs and attorney's fees as allowed by law. - 3 - NEW MATTER 145. At all times material hereto, the Plaintiff received full, complete, proper, reasonable and adequate medical care and treatment in accordance with the applicable standards of medical care. 146. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 147. Plaintiff's claims are barred by operation of the applicable statute of limitations. 148. If Plaintiff sustained the injuries alleged, which injuries are specifically denied, said injuries may have been the result of the negligent or careless acts and/or omissions of Plaintiff and/or other persons and/or entities over whom Appalachian exercised no control. 149. No conduct on the part of Appalachian was a substantial factor in causing or contributing to any harm alleged by the Plaintiff. 150. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximally caused by Appalachian. 151. Plaintiff's claims may be barred or the amounts recoverable therefrom reduced by operation of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102 et M. 152. Plaintiff's claims may be barred by the doctrine of assumption of risk. 153. Plaintiff's claims may be barred by the doctrine of superseding and/or intervening cause. 154. Plaintiff gave a fully informed consent to the medical treatment rendered by Appalachian. 155. Plaintiff's claims are subject to, and limited by, the Healthcare Services Malpractice Act of 1975, as amended. - 4 - 156. Plaintiff's claims are subject to, and limited by, the MCare Act of 2003. 157. If there is judicial determination that Pa.R.Civ.P. 238 is unconstitutional, said constitutionality being expressly challenged as a violation of the due process and the equal protection clauses of the 14th Amendment of the United States Constitution; 42 U.S.C. Section 1983; Article I, Section 1, 6, 11, 26; and Article V, Section 10(c) of the Pennsylvania Constitution, then payment of interest shall be suspended for any period of delay not occasioned by Appalachian. 158. Plaintiff may not have properly mitigated his damages. 159. Plaintiff's claim is barred by the doctrine of release. 160. At the relevant times alleged by the Plaintiff, Dr. Boran was not acting as the servant, agent, apparent agent and/or employee of Appalachian. 161. At the relevant times alleged in the Complaint, the Plaintiff did not believe that Dr. Boran was the servant, agent, apparent agent and/or employee of Appalachian. WHEREFORE, Appalachian Orthopedic Center, LTD respectfully requests that This Court enter a judgment in its favor and against the Plaintiff, together with interest, costs and attorney's fees as allowed by law. Respectfully submitted, RHOADS & SINON LLP By: e rmattei Oife"South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Appalachian Orthopedic Center, LTD - 5 - ' 12/04/07 TUE 17:07 FAX 717 231 6837+ RROADS 9INON LLP VF, MCATION Daniel P. Holy, M.D., deposes ,urtd says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authoTitics, that he takes this Verification on behalf of I)efondant Appalachian Orthopedic Center, LTD, th$t he makes this verification by its authority acid that the facts set forth in the Answer and New Matter arc true and correct to the hest of his knowledge, information and belief, Date 0 .D: DANLEL P. PM 2 010 1 t CERTIFICATE OF SERVICE I hereby certify that on this *0 VA day of December, 2007, a true and correct copy of the foregoing Defendant Appalachian Orthopedic Center, LTD was served by means of United States mail, first class, postage prepaid, upon the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17101 (Attorney for Plaintifj) John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 (Attorney for Defendant Robert P. Boran, MD.) s CERTIFICATE OF SERVICE I hereby certify that on this day of May, 2009, a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17101 (Attorney for Plaintiff) John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC Plymouth Meeting Executive Campus 630 West Germantown Pike, Suite 121 Plymouth Meeting, PA 19462 (Attorney for Defendant Robert P. Boran, MD.) FILED- J s!41e? THr PIT n 71r,I ARY Z0091''A j 15- F ; 1; /SA t?! li 1, 1 KILCOYNE & NESBITT, LLC BY: ELAINE M. ROSS ATTY. I.D. NO. 46031 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants N C? '!` C? ? :J ATTORNEY FOR DEFEND*T m ): ROBERT P. BORAN, JR., M .! , FTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, Robert P. Boran, Jr., M.D., in connection with the above-captioned matter. & NESI)ITT, By: J?HN F. MCG , ESQUI Dated: /0 **************************************** ************************************* ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Robert P. Boran, Jr., M.D., in connection with the above-captioned matter. KILC YNE & NESBITT, LLC By: Dated: L AINE M. ROSS, ESQUIRE t (f' / ?? KILCOYNE & NESBITT, LLC BY: ELAINE M. ROSS ATTY. I.D. NO. 46031 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK V. Plaintiff ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Elaine M. Ross, Esquire, hereby certify that a true and correct copy of the foregoing Withdrawal of Appearance and Entry of Appearance was forwarded first-class mail, postage prepaid, to the following: David S. Wisneski, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Dear. F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 KILCOYNE & NESBITT, LLC By. -ELAINE M. ROSS, ESQUIRE Dated: / ?? ?'' If 1 JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance as co-counsel for the Plaintiff in the above-captioned action. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP <:;r4- qw-elyl. Jo hGI. Melillo MY No. 26211 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff C Date: March 4, 2010 rT1 d - ?- - 0 J N CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon the following persons by first-class United States mail, postage prepaid on March 4, 2010 as follows: Elaine M. Ross, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, If" Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. F '.4ka? Lois E. Stauffer Vu - 4 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) CA/T1- ARY 2ul ,; N -Y f'J TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) JANE CLARK ? Civil Action - Law ? Appeal from arbitration [!]Civil Action - MLdical Professional (other) 1doirity action (Plaintiff) vs. The trial list will be called on ROBERT P. BORAN, JR., M.D. and and August 31, 2010 APPALACHIAN ORTHOPEDIC CENTER, LTD_ Trials commence on September 20, 2010 (Defendant) Pretrials will be held on September 8, 2010 vs. (Briefs are due S days before pretrials Nn 07-2783 Term Indicate the attorney who will try case for the party who files this praecipe: Joseph M Melillo, Esquire Indicate trial counsel for other parties if known: Elaine Ross, Esquire - Defendant Robert P. Baran, Jr., M.D. Dean F. Pi.ertaattei, Esquire - Def. la Ort i This case is ready for trial. Signed: . Print Na Joseph -J7-- ?' Pri M. Melillo Date: March 15, 2010 Attorney for: Plaintiff 4 M.00 ? a?99? CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Praecipe for Listing Case for Trial was served upon the following persons by first-class United States mail, postage prepaid on March 15, 2010 as follows: Elaine Ross, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12th Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. f z, - "I Lois E. Stauffer CA -t-0- 7E OF THF PRAECIPE FOR LISTING CASE FOR TRIAL, 10 AUG 31 AM 9.48 (Must be typewritten and submitted in triplicate) jUUiYfY Cl1t??° '?v,?Y?V?UA TO THE PROTHONOTARY OF CUMBERLAND COUNTY - Please list the following case: ?X for JURY trial at the next term of civil court. ? for trial without a jury. ------ ----------------------------------------------------------------------------------- ------------------ -- -------- CAPTION OF CASE (entire caption must be stated in fulo (check one) ? Civil Action - Law JAMES R. CLARK ? Appeal from arbitration ® Civil Action - Medic a Q??S tonal. (other) 11tP (Plaintiff) VS. The trial list will be called on ROBERT P- KORAN, JR., M.D- and and November 2, 2010 APPALACITTAN ORTHOPEDIC - CENTER' LTD- December 6, 2010 Trials commence on vs. (Defendant) Pretrials will be held on November 10, 2010 (Briefs are due 5 days before pretrials No. 07-2783 Term Indicate the attorney who will try case for the party who files this praecipe: Joseph M. Melillo, Esquire Indicate trial counsel for other parties if known: Elaine Ross, Esquire and Dean Piermattei, Esquire This case is ready for trial. August 30, 2010 Date: /i Signed: Print Narhe: Mseph M. Melillo, Esquire Attorney for: Plaintiff r,2S-60e1d. Ck/1?6 ?? I` a-q JAMES R. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT P. DORAN, JR., M.D., and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants 07-2783 CIVIL TERM IN RE: CIVIL TRIAL LIST ORDER OF COURT AND NOW, this 31st day of August, 2010, upon consideration of the call of the Civil Trial List in the above-captioned matter and pursuant to a representation of Defendant Doran's counsel that his client has recently undergone surgery and requires a continuance of this case and without objection on the part of other counsel in the case, this matter is stricken from the trial list and counsel are directed to relist the case for the succeeding term of court. By the Court, ?Joseph M. Melillo Esquire 2040 Linglest:own Rd Ste 303 Harrisburg, Pennsylvania 17110 Fo Plaintiff Elaine Ross Esquire One Liberty Place 1650 Market Street, Ste 1800 Philadelphia, PA 19103-7395 For Defendant. Doran can F. Piermattei, Esquire 1 South Market Square, PO Box 1146 Harrisburg, PA 17108-1146 For Defendant Appalachian Orthopedic Center, pcb I ?S Mil Ltd. C MT n M m i 73 ,i -) M C ? JAMES R. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 07-2783 CIVIL ROBERT P. BORAN, JR., M.D. and : APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held November 10, 2010, were Joseph M. Melillo, Esquire, attorney for the plaintiff, and Dean F. Piermattei, Esquire, attorney for defendant Appalachian Orthopedic Center, Ltd. Elaine M. Ross, Esquire counsel for defendant Robert P. Boran, Jr., M.D., participated by telephone. This is a medical malpractice case alleging a negligent performance of orthopedic surgery on the plaintiff s right knee. Defendant Appalachian Orthopedic Center, Ltd. contends that Dr. Boran was not acting as the agent or servant or employee of Appalachian and cannot be held vicariously liable for Dr. Boran's actions. In addition, there are no allegations of malpractice against Appalachian Orthopedic. Counsel for Dr. Boran, however, has not consented to release Appalachian Orthopedic from this lawsuit. The likelihood exists that a motion will be filed seeking to release Appalachian Orthopedic from this case prior to trial. Prior to the surgery, the plaintiff was injured in an ATV accident. The plaintiff contends that the cause of the initial injury to the plaintiff is irrelevant and will seek to bar testimony regarding the nature of the accident. This matter will be subject to ruling by the trial judge. Although there are no scheduling difficulties in this case, an expert of the plaintiff may not be available until Wednesday afternoon. Counsel indicated that, this scheduling problem notwithstanding, the matter can be concluded in five days. The number of juror challenges will depend on a ruling, if any, concerning the relationship between Dr. Boran and Appalachian Orthopedic Center, Ltd. November 10, 2010 Joseph M. Melillo, Esquire For the Plaintiff -X& • /-1 Kevin . Hess, J. Elaine M. Ross, Esquire For Defendant Boran Dean F. Piermattei, Esquire For Defendant Appalachian Orthopedic Center :rlm L^. CD 0 ;, Myv : 71 5 i i L M KILCOYNE & NESBITT, LLC BY: ELAINE M. ROSS ATTY. I.D. NO. 46031 BY: DAVID W. RINGLABEN ATTY. I.D. NO. 206836 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. C o cn rn x? o C= > IN THE COURT OF COMMO*L rv c,? gAS-- OF CUMBERLAND COUNTYS NO.: 2007-2783 JURY TRIAL DEMANDED MOTION IN LIMINE OF DEFENDANT, ROBERT P. BORAN JR., M.D., TO PRECLUDE THE TESTIMONY OF MARK S. COLELLA, M.D. Defendant, Robert P. Boran Jr., (hereinafter "Moving Defendant"), by and through his attorneys, Kilcoyne & Nesbitt, LLC, hereby files this Motion in Limine to Preclude the testimony of Mark S. Colella, M.D. 1. Plaintiff instituted this medical malpractice action in the Court of Common Pleas of Cumberland County. See Complaint at Exhibit "A". 2. Plaintiff alleges that Dr. Boran deviated from the standard of care in several areas related to the surgery to repair Plaintiffs femur fracture. Defendant Dr. Boran denies all allegations. 3. Pursuant to the Scheduling Order dated January 16, 2009, the Court directed Plaintiff to produce expert reports and curriculum vitae on or before June 15, 2009. See L A Scheduling Order at Exhibit "B." Moreover, the Order stated that this matter would be tried during the civil week commencing on November 16, 2009. 4. On October 7, 2009, Plaintiff produced the September 16, 2009 report and curriculum vitae of Jason W. Nascone, M.D. See October 7, 2009 correspondence at Exhibit 46C" 5. Dr. Nascone is Plaintiff's expert in the field of orthopaedic surgery. See September 16, 2009 report and curriculum vitae at Exhibit "D". Additionally, Plaintiff submitted a supplemental report dated August 30, 2010. See August 30, 2010 report at Exhibit "E". 6. On March 15, 2010, Plaintiff filed a Praecipe listing this case for trial. See Praecipe at Exhibit "F". This matter was scheduled to commence on September 20, 2010. 7. On August 9, 2010, Defendant produced the report and curriculum vitae of James Aragona, M.D. See August 9, 2010 correspondence at Exhibit "G". 8. On August 11, 2010, Defendant produced the report and curriculum vitae of Mark Lieberman, M.A., C.R.C. See August 11, 2010 correspondence at Exhibit "H". 9. On August 31, 2010, the Court granted a continuance because Dr. Boran was recovering from surgery. See August 31, 2010 Order at Exhibit "I". 10. Trial is set to commence on December 6, 2010. 11. On October 6, 2010, Plaintiff submitted the report and curriculum vitae of Mark S. Colella, M.D. See October 6, 2010 correspondence at Exhibit "J". 12. Dr. Colella is an expert in the field of radiology. Dr. Colella criticizes the care Dr. Boran provided Plaintiff. See Dr. Colella's curriculum vitae and report at Exhibit "K". P 13. Dr. Colella is critical of the care Dr. Boran provided Plaintiff. Importantly, Dr. Nascone has the same criticisms as Dr. Colella. See Dr. Nascone's curriculum vitae and reports at Exhibit "D" and `B". See also Exhibit "K". 14. Dr. Colella opines in his report: In my opinion, based on the clinical history and radiographs, I believe to a reasonable degree of medical certainty that Dr. Boran fell below the standard of care in his surgical correction and attempted fixation of Mr. Clarks femur fracture. Despite the use of fluoroscopy fragments. The intramedullary nail entered the distal fracture fragment obliquely instead of along the long axis of the medullary space. This failure led to the significant post-operative valgus deformity of the femur. As a result of the angulation about the fracture site, additional movement and worsening of the angulation about the fracture occurred. This, in addition to a post-operative infection, resulted in numerous repeat surgeries on Mr. Clark's femur and significant delay in healing. See Exhibit "K", pg. 3. (emphasis added) 15. Dr. Colella's opinions involve orthopaedic surgery and infectious diseases. These medical fields are outside of his expertise in the field of radiology. See Exhibit "K". THE COURT SHOULD PRECLUDE MARK S. COLELLA, M.D. FROM TESTIFYING UNDER SECTION 512 OF THE MCARE ACT 16. Pursuant to Section 512 of the MCARE Act, Dr. Colella is not qualified to give expert testimony against Moving Defendant because Dr. Boran is a physician who specializes in orthopaedic surgery. See Dr. Boran's curriculum vitae at Exhibit "L". 17. There is an irrefutable distinction between the standard of care of an orthopaedic surgeon and a radiologist. 18. Accordingly, the instant Motion in Limine has been filed to preclude Dr. Colella from offering incompetent testimony against Dr. Boran because the Medical Care Availability and Reduction of Error Act (MCARE), 40 P.S. § 1303 et sea., prohibits expert witnesses from offering expert medical opinions in medical professional liability actions against physicians F unless the person possesses sufficient education, training, knowledge and experience to provide credible, competent testimony. See 40 P.S. § 1303.512(a). 19. Plaintiff may argue that Dr. Colella is qualified to testify as to standard of care against Moving Defendant under §512(d). However, even if this argument is made, Dr. Colella should still be precluded from testifying, as his report is cumulative of Dr. Nascone's anticipated testimony. 20. Plaintiff should not be permitted to offer multiple expert witnesses on the standard of care, particularly since only Dr. Nascone is certified in orthopaedic surgery. Standard of care expert testimony from Dr. Nascone and Dr. Colella would amount to cumulative testimony because both physicians discuss Defendant Dr. Boran's surgery on Plaintiff. 21. Dr. Nascone offers opinions about the reduction of the fracture and debridement of the fracture. Importantly, Dr. Nascone reviewed the radiographs and opines that, "the initial reduction obtained and stabilized by Dr. Boran was unacceptable ..." See September 16, 2009 report at Exhibit "D", pg. 3-4. 22. Although relevant, evidence may be precluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. See Pa.R.E. 403. 23. Plaintiff should be precluded from offering both Dr. Nascone and Dr. Colella as expert witnesses against Defendant Dr. Boran. Plaintiff should be limited to one standard of care expert. Allowing Plaintiff to call multiple standard of care experts against Moving Defendant is not only cumulative and prejudicial to Moving Defendant, but results in the needless repetition of testimony. A Therefore, the Court should preclude Mark S. Colella, M.D. from testifying against Defendant Robert P. Boran Jr., M.D. THE COURT SHOULD PRECLUDE MARK S. COLELLA, M.D. FROM TESTIFYING BECAUSE HIS EXPERT REPORT WAS PRODUCED LATE 24. On October 6, 2010, Plaintiff produced the expert report and curriculum vitae of Mark S. Colella, M.D. See Exhibit "J". 25. The Court should preclude Dr. Colella from testifying because Dr. Colella's report was submitted after Plaintiff filed a Praecipe for trial and after trial was scheduled to commence on September 20, 2010. 26. Moreover, Dr. Colella's expert report was produced after the trial was continued on August 31, 2010. 27. This report was produced over a year after Dr. Nascone's report was produced. See Exhibits "D" and "J". 28. Importantly, Dr. Colella's report does not discuss the Plaintiff s care over the past year. Dr. Colella focuses on Dr. Boran's May 14, 2005 surgery and the x-ray films taken on May 27, 2005. See Exhibit "K", pg. 2-3. 29. Moreover, Dr. Colella does not address the opinions stated in Defendant's expert reports. See Exhibit "K". 30. The late production and the proposed testimony from Dr. Colella against Dr. Boran is severely prejudicial because it will not provide sufficient time to assemble an appropriate rebuttal expert. The ability for defense counsel to cure this prejudice is limited due to the pending December 6'', 2010 trial date. 31. Therefore, the Court should preclude Dr. Colella from testifying at trial because his expert report was produced late. WHEREFORE, Defendant, Robert P. Boran Jr., M.D., respectfully requests this Honorable Court to grant his instant Motion and enter an Order in the form attached. Respectfully submitted, KILCOYNE & NESBITT, LLC BY: ?4 ELAINE M. ROSS, ESQUIRE DAVID W. RINGLABEN, ESQUIRE Attorneys for Defendant, Robert P. Boran Jr., M.D. A KILCOYNE & NESBITT, LLC BY: ELAINE M. ROSS ATTY. I.D. NO. 46031 BY: DAVID W. RINGLABEN ATTY. I.D. NO. 206836 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED MEMORANDUM OF LAW IN SUPPORT OF THE MOTION IN LIMIIVE OF DEFENDANT, ROBERT P. BORAN JR., M.D., TO PRECLUDE THE TESTIMONY OF MARK S. COLELLA, M.D. Defendant, Robert P. Boran Jr., (hereinafter "Moving Defendant'), by and through his attorneys, Kilcoyne & Nesbitt, LLC, hereby files this Motion in Limine and Memorandum of Law in Support thereof to Preclude the testimony of Mark S. Colella, M.D. at trial: 1. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff instituted this medical malpractice action in the Court of Common Pleas of Cumberland County. See Exhibit "A". Plaintiff alleges that Dr. Boran deviated from the standard of care in several areas related to the surgery to repair Plaintiffs femur fracture. Defendant Dr. Boran denies all allegations. Pursuant to the Scheduling Order dated January 16, 2009, the Court directed Plaintiff to produce expert reports and curriculum vitae on or before June 15, 2009. See Exhibit "B." • Moreover, the Order stated that this matter would be tried during the civil week commencing on November 16, 2009. Plaintiff and Defendant produced reports after June 15, 2009. On October 7, 2009, Plaintiff produced the September 16, 2009 report and curriculum vitae of Jason W. Nascone, M.D. See Exhibits "C" and "D". Dr. Nascone is an expert in the field of orthopaedic surgery. See Exhibit "D". Additionally, Plaintiff submitted a supplemental report dated August 30, 2010. See Exhibit "E". On March 15, 2010, Plaintiff filed a Praecipe listing this case for trial. See Exhibit "F" Trial was scheduled to commence on September 20, 2010. On August 9, 2010, Defendant produced the report and curriculum vitae of James Aragona, M.D. See Exhibit "G". On August 11, 2010, Defendant produced the report and curriculum vitae of Mark Lieberman, M.A., C.R.C. See Exhibit "H". On August 31, 2010, the Court granted a continuance because Dr. Boran was recovering from surgery. See Exhibit "I". Trial is set to commence on December 6, 2010. On October 6, 2010, Plaintiff submitted the report and curriculum vitae of Mark S. Colella, M.D. See Exhibit "J". Dr. Colella is an expert in the field of radiology. Dr. Colella's criticism of the care Dr. Boran provided to Plaintiff overlaps with the criticism of Dr. Nascone. See Exhibits "D", "E", and "K". Dr. Colella's opinions involve orthopaedic surgery and infectious diseases. These medical fields are outside of his expertise in the field of radiology. See Exhibit "K". Accordingly, the instant Motion in Limine has been filed to preclude Dr. Colella from offering incompetent testimony against Dr. Boran pursuant to Section 512 of the MCARE Act. Alternatively, Dr. Colella should be precluded from testifying because such testimony is cumulative of Plaintiffs orthopaedic surgery expert, Dr. Nascone's anticipated testimony. Moreover, the Court should preclude Dr. Colella's testimony because his expert report was submitted late. II. STATEMENT OF QUESTION INVOLVED A. Whether a radiology expert (Dr. Colella) should be precluded from offering expert testimony against an orthopaedic surgeon (Dr. Boran) since a radiology expert is not qualified to offer such evidence under MCARE, or in the alternative, because Dr. Colella's testimony is cumulative of Dr. Nascone's anticipated testimony? Suggested Answer. Yes B. Should the Court strike Dr. Colella's expert report and preclude him from testifying because he was identified late? Suggested Answer. Yes III. ARGUMENT A. The Court should preclude Dr. Colella's testimony because he is a radiology expert and Dr. Boran is an orthopaedic surgeon and the testimony would be cumulative of Dr. Nascone's proposed testimony. On May 19, 2002, the expert qualifications sections of the Medical Care Availability and Reduction of Error Act ("MCARE") became effective. See Wexler v. Hecht, 2004 Pa. Super. 1995, ¶21. Section 512 of MCARE, "Expert Qualifications," provides: (a) General Rule.- - No person shall be competent to offer an expert medical opinion in a medical professional liability action against a physician unless that person possesses sufficient education, training, knowledge and experience to provide credible, competent testimony and fulfills the additional qualifications set forth in this section as applicable. (b) Medical testimony -- An expert testifying on a medical matter, including the standard of care, risks and alternatives, causation and the nature and extent of the injury, must meet the following qualifications: (1) Possess an unrestricted physician's license to practice medicine in any state or the District of Columbia. (2) Be engaged in or retired within the previous five years from active clinical practice or teaching. Provided, however, the court may waive the requirements of this subsection for an expert on a matter other than the standard of care if the court determines that the expert is otherwise competent to testify about medical or scientific issues by virtue of education, training or experience. (c) Standard of care -- In addition to the requirements set forth in subsections (a) and (b), an expert testifying as to a physician's standard of care also must meet the following qualifications: (1) Be substantially familiar with the applicable standard of care for the specific care at issue as of the time of the alleged breach of the standard of care. (2) Practice in the same subspecialty as the defendant physician or in a subspecialty which has a substantially similar standard of care for the specific care at issue, except as provided in subsection (d) or (e). (3) In the event the defendant physician is certified by an approved board, be board certified by the same or a similar approved board, except as provided in subsection (e). (d) Care outside specialty -- A court may waive the same subspecialty requirement for an expert testifying on the standard of care for the diagnosis or treatment of a condition if the court determines that: (1) the expert is trained in the diagnosis or treatment of the condition, as applicable; and (2) the defendant physician provided care for that condition and such care was not within the physician's specialty or competence. (e) Otherwise adequate training, experience and knowledge -- A court may waive the same specialty and board certification requirements for an expert testifying as to a standard of care if the court determines that the expert possesses sufficient training, experience and knowledge to provide the testimony as a result of active involvement in or full-time teaching of medicine in the applicable subspecialty or a related field of medicine within the previous five-year time period. See 40 P.S. § 1303.512 (emphasis added). In the instant matter, Plaintiff produced the report and curriculum vitae of his radiology expert, Mark S. Colella, M.D. Dr. Colella is critical of the surgery Defendant Dr. Boran performed as well as his pos-surgical care. See Exhibit "K". However, it is clear that pursuant to Section 512 of the WARE Act, Dr. Colella is not qualified to give expert testimony against Moving Defendant because Dr. Boran is an orthopaedic surgeon. See Exhibit "U. There is an irrefutable distinction between the standard of care of a radiologist versus the standard of care of an orthopaedic surgeon. Accordingly, pursuant to MCARE, Dr. Colella is clearly not qualified to offer opinions regarding the standard of care for an orthopaedic surgeon, and as such, he should be precluded from offering any expert medical opinions against Moving Defendant Dr. Boran at trial. Plaintiff may argue that Dr. Colella is qualified to testify as to standard of care against Moving Defendant under §512(d). However, even if this argument is made, Dr. Colella should still be precluded from testifying, as his report is cumulative of Dr. Nascone's anticipated testimony. Dr. Nascone, Plaintiff's orthopaedic surgery expert offers opinions about the reduction of the fracture and debridement of the fracture. Importantly, Dr. Nascone reviewed the radiographs and opines that, "the initial reduction obtained and stabilized by Dr. Boran was unacceptable . . " See Exhibit "D", pg. 3-4. Similarly, Dr. Colella opines in his report: In my opinion, based on the clinical history and radiographs, I believe to a reasonable degree of medical certainty that Dr. Boran fell below the standard of care in his surgical correction and attempted fixation of Mr. Clark's femur fracture. Despite the use of fluoroscopy fragments. The intramedullary nail entered the distal fracture fragment obliquely instead of along the long axis of the medullary space. This failure led to the significant post-operative valgus deformity of the femur. As a result of the angulation about the fracture site, additional movement and worsening of the angulation about the fracture occurred. This, in addition to a post-operative infection, resulted in numerous repeat surgeries on Mr. Clark's femur and significant delay in healing. See Exhibit "K", pg. 3. (emphasis added) Plaintiff should not be permitted to offer multiple expert witnesses on the standard of care, particularly since only Dr. Nascone is certified in orthopaedic surgery. Standard of care expert testimony from Dr. Colella and Dr. Nascone would amount to cumulative testimony. Although relevant, evidence may be precluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. See Pa.R.E. 403. In this regard, Plaintiff should be precluded from offering both Dr. Nascone and Dr. Colella as expert witnesses against Moving Defendant. Plaintiff should be limited to one standard of care expert. Allowing Plaintiff to call multiple standard of care experts against Moving Defendant is not only cumulative and prejudicial to Moving Defendant, but results in the needless repetition of testimony. B. The Court should preclude Dr. Colella from testifying because he was identified as an expert after the Court established deadlines and after trial in this matter was scheduled. If an expert report is not properly disclosed, as is the case here, Pennsylvania Rule of Civil Procedure 4003.5(b) authorizes preclusion of that expert's testimony as a discovery sanction. See Pa.R.C.P. 4003.5. See also Feingold v. SEPTA, 517 A.2d 1270 (Pa. 1986) and Kurian v. Anisman, 851 A.2d 152 (Pa. 2004) (The court upheld preclusion of Plaintiffs expert report and held that defendants were prejudiced by the late identification of plaintiff's expert where plaintiff submitted an expert report in response to a motion for summary judgment for failure to produce expert reports.) In Feingold, the Pennsylvania Supreme Court held that if an expert witness is not disclosed, Rule 4003.5 requires the trial court to balance carefully the facts and circumstances of the case to determine the prejudice to each party caused by the discovery violation. The Court should consider: (1) the prejudice or surprise to the party against whom the excluded evidence is being offered; (2) the ability of that party to cure the prejudice; (3) the extent to which waiver of Pa.R.C.P. 4003.5(b) would disrupt the orderly and efficient trial of the case; and (4) bad faith or willfulness in failing to comply with the discovery agreement. Id., 517 A.2d at 1273. Additionally, the purpose of the discovery rules is to prevent surprise and unfairness. See Kaminski v. Employers Mutual Casualty Co., 487 A.2d 1340 (Pa.Super. 1985). When expert testimony is involved, the elimination of surprise becomes even more critical since attorneys will not have the requisite knowledge to effectively rebut the unexpected testimony. Id. While preclusion is not mandatory, there must be a balancing of the facts and circumstances of each case to determine the prejudice to each party. See Fein old, 517 A.2d at 1273. Based on the sequence of events and the timeline, the Court should strike the expert report by Dr. Colella and preclude his testimony because the report was submitted after trial in this matter was scheduled twice. The Court should preclude Dr. Colella from testifying because Dr. Colella's report was submitted after Plaintiff filed a Praecipe for trial and after trial was scheduled to commence on September 20, 2010. This report was produced over a year after Dr. Nascone's report was produced and discusses Dr. Boran's care in 2005. See Exhibits "D" and "J". Importantly, Dr. Colella's report does not discuss the Plaintiffs care over the past year. Dr. Colella focuses on Dr. Boran's May 14, 2005 surgery and the x-ray films taken on May 27, 2005. See Exhibit "K', pg. 2-3. Importantly, Dr. Colella does not address the opinions stated in Defendant's expert reports. See Exhibit "K". First, Defendant Dr. Boran is prejudiced in this matter because Dr. Colella is an expert in the field of radiology and not orthopaedic surgery. Defendant is now required to find a radiologist to defend Dr. Boran's care. Furthermore, Plaintiff had sufficient time to produce an expert report from a radiologist before Plaintiff filed the trial praecipe. Dr. Colella criticizes the care Dr. Boran provided Plaintiff in 2005. Second, the prejudice can not be cured. Trial in this matter is scheduled for December 6, 2010. This matter was commenced in 2007 and a jury trial was originally scheduled to commence on November 16, 2009. See Exhibit "B". Plaintiff produced Dr. Colella's report over a year after Dr. Nascone's report was produced. See Exhibits "D" and "J". Third, permitting Dr. Colella to testify would disrupt the orderly and efficient trial of this matter because this case has been listed for trial on November 16, 2009 and September 20, 2010. Moreover, this matter was commenced in 2007 more than three (3) years ago. For the reasons discussed above, the Court should preclude Dr. Colella from testifying because the proposed testimony from Dr. Colella is severely prejudicial to Defendant, as it prevents counsel a fair opportunity to secure and produce rebuttal experts in a timely manner prior to the December 6, 2010 trial date and disrupts the orderly and efficient trial of this matter. IV. CONCLUSION For all of the forgoing reasons, Defendant, Robert P. Boran, M.D., respectfully requests this Honorable Court to grant his instant Motion and enter an Order in the form attached. Respectfully submitted, KILCOYNE & NESBITT, LLC BY: 0 1 k ELAINE M. ROSS, ESQUIRE DAVID W. RINGLABEN, ESQUIRE Attorneys for Defendant, Robert P. Boran, M.D. VERIFICATION I, David W. Ringlaben, Esquire, hereby depose and state that I am the attorney for Defendant, Robert P. Boran, M.D., in the action herein, and that I have reviewed the foregoing Motion in Limine, and that the facts contained therein are true and correct to the best of my information and belief. I understand that the statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsifications to authorities. DAVID W. RINGLABEN, ESQUIRE DATE: / i / 8 f V EXHIBIT "A" JAMES R. CLARK, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 r r" , 1-800-990-9108 03 { CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION Defendants JURY TRIAL DEMANDED JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-2783 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las piginas siguientes, debe tomar accibn dentro de veinte (20) dias a partir de la fecha en que recibib la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demands o por cualquier otra queja o compensacibn reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA.TAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA. LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 JAMES R. CLARK, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 07-2783 V. ROBERT P. BORAN, JR., M.D. and CIVIL ACTION - MEDICAL APPALACHIAN ORTHOPEDIC PROFESSIONAL LIABILITY ACTION CENTER, LTD., C c? O ?`'_ -,- Defendants JURY TRIAL DEMANDED :T' ` COMPLAINT 1. Plaintiff James R. Clark is an adult individual who resides at 34 Parkkiage eet _ -; Newville, Cumberland County, Pennsylvania. G? 2. Defendant, Robert P. Boran, Jr., M.D., is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania. 3. In 2005, Defendant Robert P. Boran, Jr., M.D., (hereinafter Defendant Boran) practiced orthopedic surgery in Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff is asserting a professional liability claim against Defendant Boran. 5. Defendant Appalachian Orthopedic Center, Ltd., (hereinafter referred to as Defendant Appalachian) is a limited partnership, professional corporation, or similar entity duly organized and registered in Pennsylvania which, at all relevant times herein, engaged in the business of providing orthopedic services to the public with its place of business in Carlisle, Cumberland County, Pennsylvania. 6. All times relevant to this Complaint, Defendant Boran was an agent, apparent agent, servant and/or employee of Defendant Appalachian, and was acting in such capacity. 7. Plaintiff is asserting a professional liability claim against Defendant Appalachian by virtue of the actions and/or inactions of Defendant Boran. 8. On Saturday May 14, 2005, at approximately 7:00 p.m., James R. Clark, a 19-year old male, was injured in an ATV accident. 9. Mr. Clark presented to the Carlisle Regional Medical Center on Saturday, May 14, 2005 for treatment of his accident-related injuries. 10. At Carlisle Regional Medical Center, Mr. Clark came under the care of the on-call orthopedic surgeon, Defendant Robert P. Boran, Jr.. 11. Defendant Boran diagnosed Mr. Clark has having a displaced open right distal femoral supracondylar fracture. 12. During the evening of May 14, 2005, Defendant Boran performed debridement, lavage and closed IM retrograde femoral rodding of Mr. Clark's fracture. 13. According to Defendant Boran's operative report dated May 14, 2005, Defendant Boran used an image intensifier (intraoperative fluoroscopy) during the operation. 14. Prior to Defendant Boran's surgery, x-rays were taken of Mr. Clark's right femoral fracture. 15. Plaintiff avers that these pre-operative films (5/14/05) demonstrate significant displacement, angulation and mal-alignment of Mr. Clark's distal right femoral fracture. 16. On post-op day one (5/15/05), Defendant Boran ordered additional x-rays of Mr. Clark's right femur. 17. Defendant Boran interpreted the May 15, 2005 films as, "x-rays show very good alignment of fracture and intact fixation." 2 18. In fact, the post-operative May 15, 2005 x-rays of Mr. Clark's right knee and right lower extremity show approximately a 10 degree to 12 degree valgus angulation at the fracture site with approximately one quarter inch ('/a") shortening of the femur at the fracture site. 19. Additionally, the May 15, 2005 films demonstrate that the intramedullary rod placed by Defendant Boran was not properly positioned; the rod was not centered in Mr. Clark's femoral canal, causing the valgus alignment noted. 20. Moreover, the May 15, 2005 x-rays demonstrate that the distal screws placed by Defendant Boran were not at aright angle to Mr. Clark's distal femur, and that there was only about 60% of bone contact between the proximal and distal main fracture fragments of Mr. Clark's right distal femur. 21. Plaintiff avers that Defendant Boran did not appropriately align the distal femoral supracoudylar fracture of Mr. Clark prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 22. Plaintiff further avers that this failure resulted in a 10 degree to 12 degree valgus angulation with only about 60% of bony contact of the main fracture fragments, as well as approximately one quarter inch ('/a") shortening at the fracture sight because of the mal- alignment by Defendant Boran. 23. This mal-alignment of the fracture should have been recognized by Defendant Boran in the operating room and should have been corrected before the surgery ended on May 14, 2005. 24. Furthermore, Plaintiff avers that the retrograde intramedullary (IM) rod that Defendant Boran inserted in Mr. Clark's right femur on May 14, 2005 was not properly 3 positioned by Defendant Boran and was not inserted by Defendant Boran parallel to Mr. Clark's femoral shaft. 25. This improper insertion of the retrograde femoral IM rod and screws by Defendant Boran, in addition to Defendant Boran's failure to align Mr. Clark's leg, caused the 10 degree to 12 degree valgus mal-alignment of Mr. Clark's distal femur fracture. 26. Defendant Boran should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws in the operating room on May 14, 2005, and should have corrected same before the surgery ended on May 14, 2005. 27. Plaintiff avers that for Defendant Boran not to have recognized the mal-alignment of the fracture in the operating room and not to have corrected it before the surgery ended on May 14, 2005 was a deviation from the acceptable standard of orthopedic care. 28. Certainly, Defendant Boran should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws after the x-rays of May 15, 2005, on which the mal-alignment was obvious. 29. Plaintiff avers that for Defendant Boran to have read the May 15, 2005 films as normal, and to have failed to immediately undertake corrective action, when the mal-alignment on the films was so obvious, was a deviation from the acceptable standard of orthopedic care. 30. Defendant Boran should not have accepted the mal-alignment in Mr. Clark's right leg and should have scheduled Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 31. Defendant Boran discharged Mr. Clark from the Carlisle Regional Medical Center on May 19, 2005, with instructions to follow-up with him in approximately one week. 4 32. At discharge, Defendant Baran instructed Mr. Clark to be partial "weight of leg" bearing on the right leg as instructed by physical therapy. 33. On May 27, 2005, Mr. Clark had his follow-up appointment with Defendant Boran at his office at Appalachian Orthopaedic Center. 34. At this visit on May 27, 2005, Defendant Boran obtained x-rays of Mr. Clark's right femur. 35. According to the records, Defendant Boran interpreted the films as showing, "AP and lateral of the right femoral shaft shows no change in alignment at the fracture site for the immediate post-operative films. The internal fixation is in good alignment without evidence of any loss or change in the internal fixation." 36. Plaintiff avers that the radiological findings on the May 27, 2005 x-rays are identical to the mal-alignment, valgus angulation, femoral shortening and demonstrate the same improper insertion of the IM rod and screws evident on the May 15, 2005 films of Mr. Clark. 37. Plaintiff avers that for Defendant Boran to have read the May 27, 2005 films as normal and to have failed to immediately undertake corrective action, when the mal-alignments on the films were so obvious, was a deviation from acceptable standard of orthopedic care. 38. Additionally, on May 27, 2005, Defendant Boran, after viewing the films, should have been aware of his improper alignment of Mr. Clark's right femur and of his improper insertion of the IM rod and screws, when such mal-alignments were obvious. 39. Defendant Boran should not have accepted the mal-alignment on the May 27, 2005 films and should have scheduled Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 5 40. At the conclusion of the May 27, 2005 office visit, Defendant Boran instructed Mr. Clark to continue with weight bearing ambulation and indicated that he should return to the office in about two weeks for continued follow-up with either Drs. Green, Hely or Oplinger. 41. At some date subsequent to May 27, 2005, Defendant Boran left Defendant Appalachian Orthopaedic Center and moved to Pottsville, Pennsylvania. The exact date is unknown to Plaintiff. 42. On June 13, 2005, Mr. Clark returned to Defendant Appalachian Orthopaedic Center and saw Defendant Boran's partner, Dr. Hely. 43. At this visit, Dr. Hely did not note that he reviewed or ordered any x-rays. However, he noted that Mr. Clark had no apparent problems, that his wounds looked clean, and that there was no sign of infection. 44. Dr. Hely recommended that Mr. Clark begin quad sets, straight leg raising, limited activity to include advancing to stationary bike exercises as his pain allowed and for Mr. Clark to follow-up in four weeks for re-examination and x-ray of his right femur. 45. On July 8, 2005, Mr. Clark returned to Dr. Hely with complaints of some swelling in his right foot and leg and very poor right lower extremity control. 46. Dr. Hely's impression was marked weakness in the right lower extremity following fracture. 47. Dr. Hely's plan was strengthening and motion program for Mr. Clark's right lower extremity with follow-up x-ray and re-exam in two weeks. 48. Mr: Clark returned to Dr. Hely on July 29, 2005, at which time an x-ray was taken of Mr. Clark's right femur. 6 49. Dr. Hely recorded, "The x-ray taken today shows angulation of the distal fragment, which appears to be more than I would accept." 50. Dr. Hely additionally recorded, "The knee flexion and the examination do not show any signs of difficulty, but the angulation on the AP view of the x-ray suggest that we should correct the potential deformity." 51. Plaintiff avers that the findings on the July 29, 2005 x-rays are consistent with the findings on the May 27, 2005 and May 15, 2005 x-rays of Mr. Clark's right lower extremity. 52. Before Mr. Clark's next visit with Dr. Hely, Mr. Clark sought a second opinion from another orthopedic physician. This orthopedic physician, Dr. Mira, also recommended corrective surgery to prevent continued mal-union of Mr. Clark's right femur. 53. On August 16, 2005, Dr. Hely performed a removal of hardware, take down of mal-union with open reduction internal fixation, routine supracondylar locking plate at the Carlisle Regional Medical Center. 54. For this corrective surgery, Mr. Clark was admitted to Carlisle on August 16, 2005, and was discharged on August 19, 2005. 55. Subsequent to this corrective surgery, Mr. Clark developed a post-operative infection in his right leg. 56. The surgery performed by Dr. Hely on August 16, 2005, and the subsequent infection of Mr. Clark's right leg, would have been avoided had Defendant Boran properly aligned and treated Mr. Clark's fracture on May 14, 2005. 57. The post-operative infection caused Mr. Clark to suffer several hospitalizations and surgeries in 2005 and 2006 at the Carlisle Regional Medical Center and at the Hershey Medical Center. 7 - 58. The infection and surgeries related thereto have caused Mr. Clark to undergo extensive physical therapy. 59. To date, Mr. Clark continues to be followed by the orthopedic surgeons at the Sports Medicine Center of the Hershey Medical Center for right leg problems. 60. These subsequent hospitalizations, surgeries, physical therapy and problems with Mr. Clark's right leg would have been avoided had Defendant Boran properly aligned and treated Mr. Clark's fracture on May 14, 2005. 61. As a direct and proximate result of Defendants' negligence as specified herein, Mr. Clark was placed at an increased risk of developing an infection, tissue, muscle, tendon, ligament, and joint damage, nerve injury, the need for extensive surgeries and additional hospitalizations and therapies, and a claim is made therefor. 62. As a direct and proximate result of Defendants' negligence as stated herein, a significant delay occurred in the diagnosis and treatment of the mal-union of Mr. Clark's right femur, which resulted in bone, tissue, muscle, tendon, ligament, and joint damage, nerve injury, the need for extensive surgeries and additional hospitalizations and therapies, and a claim is made therefor. 63. As a direct and proximate result of the negligence of Defendants, as stated herein, Mr. Clark has suffered permanent and severe injuries including, but not limited to, infection in his right leg, his right leg being a quarter inch (V4") shorter than his left leg, additional surgeries, transfusions, additional therapies and significant damage to his right knee joint, and claim is made therefor. 64. The injuries suffered by Plaintiff are a direct and proximate result of the negligence of the named Defendants as set forth herein. 8 65. The substandard care of Defendants as set forth herein increased the risk of harm to Plaintiff. 66. Defendants are jointly and severally liable to Plaintiff for the injuries and damages set forth herein. COUNT I JAMES R. CLARK V. ROBERT P. BORAN, JR., M.D. 67. Paragraphs 1 through 66 of this Complaint are incorporated herein by reference as if set forth at length. 68. Plaintiffs' injuries and damages as alleged herein were directly and proximately caused by Defendant Boran's negligence as set forth in paragraphs 70 through 94 below. 69. As a direct and proximate result of his negligence as set forth in paragraphs 70 through 94 below, Defendant Boran is liable to Plaintiff for the injuries and damages alleged herein. 70. Defendant Boran failed to properly align Mr. Clark's distal femoral supracondylar fracture prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 71. Defendant Boran failed to properly position the intramedullary rod during the course of the May 14, 2005 surgery performed upon Plaintiff. 72. Defendant Boran failed to center the intramedullary rod in Mr. Clark's femoral canal during the course of the May 14, 2005 surgery performed upon Plaintiff. 73. Defendant Boran failed to recognize the mal-alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 74. Defendant Boran failed to correct the mal-alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 9 75. Defendant Boran failed to properly insert the retrograde intramedullary (IM) rod into Mr. Clark's right femur on May 14, 2005, so that the rod was parallel to Mr. Clark's femoral shaft. 76. Defendant Boran failed to recognize the improper insertion of the IM rod and screws during the operation on May 14, 2005. 77. Defendant Boran failed to correct the improper insertion of the IM rod and screws before the surgery ended on May 14, 2005. 78. Defendant Boran failed to recognize the improper alignment during the May 14, 2005 surgery so that it could be corrected before the surgery ended. 79. Defendant Boran failed to recognize the improper alignment on the May 15, 2005 post-operative x-rays. 80. Defendant Boran failed to recognize the improper alignment on the May 27, 2005 post-operative x-rays. 81. Defendant Boran failed to recognize the improper insertion of the IM rod and screws on the May 15, 2005 post-operative x-rays. 82. Defendant Boran failed to recognize the improper insertion of the IM rod and screws on the May 27, 2005 post-operative x-rays. 83. Defendant Boran failed to properly read and/or interpret the x-ray films taken on May 15, 2005. 84. Defendant Boran failed to properly read and/or interpret the x-ray films taken on May 27, 2005. 10 85. Defendant Boran failed, upon reviewing the May 15, 2007 x-rays to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal- alignment. 86. Defendant Boran failed, upon reviewing the May 27, 2005 x-rays to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal- alignment. 87. Defendant Boran failed to properly manage Mr. Clark's orthopedic care while Mr. Clark was his patient. 88. Defendant Boran failed to timely diagnose the improper alignment and improper rod and screw insertion in Mr. Clark's right lower extremity. 89. Defendant Boran failed to timely correct the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 90. Defendant Boran failed to order or obtain a second orthopedic opinion on Mr. Clark. 91. Defendant Boran failed to treat the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 92. Defendant Boran failed to properly maintain complete and accurate records for Mr. Clark during the relevant times of the treatment. 93. Defendant Boran failed to make Mr. Clark aware of the potential harm he could suffer from having an improperly aligned right leg and improperly placed rod and screws in his right leg. 94. Defendant Boran delayed surgery to correct the improper surgical alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 11 95. As a direct and proximate result of Defendant, Robert P. Boran, Jr., M.D.'s, negligence as set forth above, Plaintiff James R. Clark suffered permanent and severe injuries including, but not limited to, a second surgery to correct Defendant's negligence, a severe infection therefrom, additional surgeries and a 1/4" shortening of the right leg, as well as significant damage to his right knee joint, which will more likely than not require a total knee replacement at some point in the future. 96. As a direct and proximate result of Defendant's negligence as set forth herein, Mr. Clark has experienced, and will in the future experience, decreased movement, numbness and swelling in his right lower extremity, and claim is made therefor. 97. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark is no longer able to stand for any length of time without developing swelling and pain in his right lower extremity, and claim is made therefor. 98. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark endured hospitalizations, multiple surgical procedures, transfusions, and months of intensive dressing changes and physical and medication therapies, and may require same in the future, including a total knee replacement, and for these a claim is made therefor. 99. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has incurred, and will in the future incur, medical and rehabilitative bills and expenses, and claim is made therefor. 100. As a direct and proximate result of Defendant's negligence as stated herein, Plaintiff has suffered lost wages as a result of not being able to fulfill his employment, and claim is made therefor. 101. As a direct and proximate result of Defendant's negligence as stated herein, Mr. 12 Clark has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 102. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark has sustained extensive scarring and disfigurement to his right lower extremity, which may be permanent, and claim is made therefor. 103. As a direct and proximate result of Defendant's negligence as stated herein, Mr. Clark has been, and in the future will be, subjected to great humiliation and embarrassment, and claim is made therefor. 104. As a direct and proximate result of Defendant's negligence, Plaintiff Mr. Clark has sustained a loss of earning capacity and earning power, and claim is made therefor. WHEREFORE, Plaintiff, James R. Clark demands judgment against Defendant Robert P. Boran, Jr., M.D., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interests, costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT H JAMES R CLARK V APPALACHIAN ORTHOPEDIC CENTER, LTD. 105. Paragraphs 1 through 66 of this Complaint are incorporated herein by reference as if set forth at length. 106. At all times relevant to this Complain, Defendant Boran was a servant, agent, apparent agent and/or employee of Defendant Appalachian and was acting in such capacity. 107. Defendant Appalachian is vicariously liable for the acts and/or omissions of Defendant Boran. 13 108. Plaintiffs' injuries and damages as alleged herein were directly and proximately caused by the negligence of Defendant Appalachian's servant, agent, apparent agent, and/or employee, Defendant Boran, as set forth in paragraphs 110 through 134 below. 109. As a direct and proximate result of the negligence of its servant, agent, apparent agent, and/or employee, Defendant Boran, as set forth in paragraphs 110 through 134 below, Defendant Appalachian Orthopedic Center, Ltd. is liable to Plaintiff for the injuries and damages alleged herein. 110. Said servant, agent, apparent agent and/or employee failed to properly align Mr. Clark's distal femoral supracondylar fracture prior to insertion of the intramedullary rod and screws during the May 14, 2005 surgery. 111. Said servant, agent, apparent agent and/or employee failed to properly position the intramedullary rod during the course of the May 15, 2005 surgery performed upon Plaintiff. 112. Said servant, agent, apparent agent and/or employee failed to center the intramedullary rod in Mr. Clark's femoral canal during the course of the May 14, 2005 surgery performed upon Plaintiff. 113. Said servant, agent, apparent agent and/or employee failed to recognize the mal- alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 114, Said servant, agent, apparent agent and/or employee failed to correct the mal- alignment of the fracture in the operating room before the surgery ended on May 14, 2005. 115. Said servant, agent, apparent agent and/or employee failed to properly insert the retrograde intramedullary (M rod into Mr. Clark's right femur on May 14, 2005, so that the rod was parallel to Mr. Clark's femoral shaft. 14 116. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws during the operation on May 14, 2005. 117. Said servant, agent, apparent agent and/or employee failed to correct the improper insertion of the IM rod and screws before the surgery ended on May 14, 2005. 118. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment during the May 14, 2005 surgery so that it could be corrected before the surgery ended. 119. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment on the May 15, 2005 post-operative x-rays. 120. Said servant, agent, apparent agent and/or employee failed to recognize the improper alignment on the May 27, 2005 post-operative x-rays. 121. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws on the May 15, 2005 post-operative x-rays. 122. Said servant, agent, apparent agent and/or employee failed to recognize the improper insertion of the IM rod and screws on the May 27, 2005 post-operative x-rays. 123. Said servant, agent, apparent agent and/or employee failed to properly read and/or interpret the x-ray films taken on May 15, 2005. 124. Said servant, agent, apparent agent and/or employee failed to properly read and/or interpret the x-ray films taken on May 27, 2005. 125. Said servant, agent, apparent agent and/or employee failed, upon reviewing the May 15, 2007 x-rays, to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 15 126. Said servant, agent, apparent agent and/or employee failed, upon reviewing the May 27, 2005 x-rays, to immediately schedule Mr. Clark for immediate correction of the IM rod placement and the valgus mal-alignment. 127. Said servant, agent, apparent agent and/or employee failed to properly manage Mr. Clark's orthopedic care while Mr. Clark was his patient. 128. Said servant, agent, apparent agent and/or employee failed to timely diagnose the improper alignment and improper rod and screw insertion in Mr. Clark's right lower extremity. 129. Said servant, agent, apparent agent and/or employee failed to timely correct the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 130. Said servant, agent, apparent agent and/or employee failed to order or obtain a second orthopedic opinion on Mr. Clark. 131. Said servant, agent, apparent agent and/or employee failed to treat the improper alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 132. Said servant, agent, apparent agent and/or employee failed to properly maintain complete and accurate records for Mr. Clark during the relevant times of the treatment. 133. Said servant, agent, apparent agent and/or employee failed to make Mr. Clark aware of the potential harm he could suffer from having an improperly aligned right leg and improperly placed rod and screws in his right leg. 134. Said servant, agent, apparent agent and/or employee delayed surgery to correct the improper surgical alignment and improper rod and screw placement in Mr. Clark's right lower extremity. 135. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff James R. Clark suffered permanent 16 and severe injuries including, but not limited to, a second surgery to correct Defendant's negligence, a severe infection therefrom, additional surgeries and a 1/4" shortening of the right leg, as well as significant damage to his right knee joint, which will more likely than not require a total knee replacement at some point in the future. 136. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has experienced, and will in the future continue to experience, decreased movement, numbness and swelling in his right lower extremity, and claim is made therefor. 137. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark is no longer able to stand for any length of time without developing swelling and pain in his right lower extremity, and claim is made therefor. 138. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark endured hospitalizations, multiple surgical procedures, transfusions, and months of intensive dressing changes and physical and medication therapies, and may require same in the future, including a total knee replacement, and for these a claim is made therefor. 139. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff has incurred, and will in the future incur, medical and rehabilitative bills and expenses, and claim is made therefor. 140. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff has suffered lost wages as a result of not being able to fulfill his employment, and claim is made therefor. 17 141. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has undergone, and in the future will undergo, great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and claim is made therefor. 142. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has sustained extensive scarring and disfigurement to his right lower extremity, which may be permanent, and claim is made therefor. 143. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Mr. Clark has been, and in the future will be, subjected to great humiliation and embarrassment and claim is made therefor. 144. As a direct and proximate result of the negligence of Defendant's servant, agent, apparent agent and/or employee as set forth above, Plaintiff Mr. Clark has sustained a loss of earning capacity and earning power, and claim is made therefor. WHEREFORE, Plaintiff, James R. Clark demands judgment against Defendant Appalachian Orthopedic Center, Ltd., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interests, costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVIT,b{K)?? OJL$ N & WASNESM LLP David S. Wisfgeski, Esquire I.D. No. 58796 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Date: October 3, 2007 717/541-9205 Counsel for Plaintiff VERIFICATION I, James R. Clark, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the provisions of 18 Pa.C.S. §4904, relating to the unsworn falsification to authorities. Date: October 3, 2007 James R. Clark CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person by first-class United States mail, postage prepaid on October 3, 2007 as follows: John F. McGreevey, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12th Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. Lois E. Stauffer EXHIBIT "B" JAMES R. CLARK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-2783 CIVIL ROBERT P. BORAN, JR., M.D. and : APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER AND NOW, this / G day of January, 2009, following conference with counsel, the following case management order is entered: 1. All discovery in this case will be completed on or before May 15, 2009; 2. The plaintiff's expert reports will be forthcoming on or before June 15, 2009; 3. Defense expert reports will be provided on or before August 1, 2009; and 4. The plaintiff's rebuttal expert reports will be forthcoming on or before September 1, 2009. It is expected that this case will be tried during the civil week commencing November 16, 2009, and counsel are reminded that the cut-off date for listing cases for that term is September 28, 2009. BY THE COURT, JAN 2 3 200jg %" I"Z f "?-T R I David S. Wisneski, Esquire For the Plaintiff John F. McGreevey, Esquire For Defendant Boran Dean F. Piermattei, Esquire For Defendant Appalachian Orthopedic Center :rlm EXHIBIT "C" October 7, 2009 Mark Hermanovich, Esquire Dean F. Piermattei, Esquire Kilcoyne & Nesbitt, LLC Rhoads & Sinon LLP 630 West Germantown Pike One S. Market Square, 12`h Fl. Suite 121 P.O. Box 1146 Plymouth Meeting, PA 19462 Harrisburg, PA 17108-1146 Re: Clark v. Boran, Jr., M.D., et al. Cumberland County No. 2007-2783 Dear Counsel: k S,; 1-7 SCI 0 g 2009 Enclosed please find the expert report and curriculum vitae of Plaintiff's orthopedic surgery expert, Jason W. Nascone, M.D. I intend to call Dr. Nascone as an expert witness at the trial of this case, and anticipate that he will testify consistent with the contents of his report. Thank you for your courtesy in granting Plaintiff an extension of time in which to produce the report. Naturally, I will grant Defendants a similar extension of time in which to produce their expert reports. Should you have any questions, please do not hesitate to contact my office. With best regards, I remain DSWlles Enclosures NAVITSKY, OLSON & WISNESKI LLP A T T O R N E Y S A T L A W V ruly rs, avid S Wisneski 2040 Linglestown Road • Suite 303 • Harrisburg, PA 17110 Phone: (717) 541-9205 Fax: (717) 541-9206 Toll Free: 1-800-818-9608 www.nowllp.com EXHIBIT "D" Jason W. Nascone MD Orthopaedic Trauma and Reconstruction September 16, 2009 David Wisneski, Esquire Navitsky, Olson & Wisneski LLP 2040 Unglestown Road, Suite 303 Harrisburg, Pennsylvania 17110 RE: James Clark Introduction I have been requested to render an expert medical opinion regarding the surgical care provided by Robert P. Boran, Jr., M.D. to lames Clark. Review of Medical Records I had the opportunity to review the available medical records, x-rays and documents for the case involving James Clark. I reviewed the following materials: 1. 1 reviewed the emergency department records and admission records for 5/15/05 - 5/19/05 from Carlisle Regional Medical Center, including the operative reports; . 2. 1 reviewed the medical records from Carlisle Regional Medical Center, including 5/20/05; 5/27/05, 8/16/05 - 8/19/05, 9/10/05 - 9/14/05, 9/20/05, 9/26/05 - 9/30/05, and 10/16/05 - 10/19/05; 3. 1 reviewed the records from Appalachian Orthopedic Center, Drs. Boran, Hely, and Oliverio, from 5/27/05 until 10/26/05; 4. 1 reviewed the office records from Dr. Mira; S. I reviewed Mr. Clark's records from the Hershey Medical Center; 6. 1 reviewed the depositions of Dr. Robert Boran, Dr. Daniel Hely, James Clark and Suzanna Clark; 7. 1 reviewed the radiographs of Mr. Clark's right femur and knee from 05/14/0S, 5/15/05, 5/27/05, 7/29/05, 8/29/05, 9/7/05, and 10/14/05 and the RLE ultrasound reports of 5/20/05 and 5/27/05. Summary of Medical Course James Clark sustained an open fracture of the right femur during an AN collision on 5/14/2005. He presented to Carlisle Regional Medical Center on that date with an admitting diagnosis of a right open supracondylar femur fracture. Mr. Clark came under the care of Dr. Robert Boran, Jr., who was the orthopaedic surgeon on call at Carlisle Regional Medical Center. David Wisneski, Esquire September 16, 2009 Page 2 Mr. Clark was taken to the operating room on 5/14/05. He was administered preoperative antibiotics. He underwent debridement, irrigation and intrameduliary nail fixation. It was noted in Dr. Boran's operative report that the wound was initially irrigated with pulsatile lavage and that the 3 cm transverse laceration was not extended or debrided prior to irrigation. During irrigation skin edges were debrided although not extended. The intrameduilary nail fixation was then performed and "acceptable" reduction was noted in Dr. Boran's operative note and a "satisfactory"' reduction of the fracture fragments was noted using fluoroscopic image. The traumatic wound was left open with a plan for the wound to heal by secondary intent. Postoperative radiographs were obtained and dated 5/15/05. Mr. Clark was discharged from Carlisle Regional Medical Center on 5/19/05. He was discharged on oral antibiotics. Mr. Clark subsequently returned to the emergency room on 5/20/05 with complaints of thigh pain. it was noted that he had no evidence of cellulitis or infection. The white blood cell count was in the normal range and the right lower extremity venous duplex study showed no evidence of deep venous thrombosis (DVT). He was discharged home after being seen by the on call orthopaedic surgeon, Dr. Mira. He was scheduled to follow-up with Dr. Boran. Mr. Clark presented for his first post operative office visit on 5/27/05. Dr. Boran recorded that he was not clear why the patient has been having temperature elevations and reported the wound looked great without any local signs of infection. Blood work was also obtained on that visit consisting of CBC, SED rate and a C-reactive protein. In addition, a repeat Doppler study was performed. The WBC count for that date was 12.6 with slight increase in neutrophils. The SED rate was 63 and the C-reactive protein was 9.7. Radiographs were also obtained on the 5/27/05 office visit. Dr. Boran interpreted the radiographs on 5/27/05 as "AP and lateral of the right femoral shaft shows no changes in alignment at the fracture site for the immediate post operative films. The internal fixation is in good alignment without evidence of any loss or change in the internal fixation." Dr. Boran recommended continuing physical therapy as long as the Doppler study was negative and a follow-up in two weeks with one of his partners. Mr. Clark was then in seen in follow-up on 6/13/05 by Dr. Daniel Hely at Appalachian Orthopedic Center. He reported that the wounds looked clean and there were no signs of infection and he planned for advancement of physical therapy with follow-up in four weeks. The next visit was 7/8/05. Mr. Clark was seen by Dr. Hely. There were complaints of swelling in the foot and leg below the knee and marked weakness In the lower extremity. Dr. Hely's plan was strengthening and motion program for Mr. Clark's right lower extremity with follow-up x-ray and re-exam in two weeks. Mr. Clark returned to Dr. Hely on 7/29/05. Dr. Hely recorded that Mr. Clark's x-ray taken today "shows angulation of the distal fragment, which appears to be more than I would accept" He clinically had a discussion with the patient and his mother regarding corrective osteotomy. A second opinion was obtained from Dr. Mira on 8/10/05. Dr. Mira noted knee range of motion from 0- 120 degrees. He reported the patient is still ambulating with crutches and he has virtually no pain and a clinical valgus deformity of approximately 10 degrees. Dr Mira reported the radiographic measurements to be 13-15 degrees of vaigus. In addition, he noted an external rotation deformity of 10 to 15 degrees. David Wisneski, Esquire September 16, 2009 Page 3 He reported the knee was stable and the soft tissue envelop appeared to be intact. Dr. Mira agreed with the recommendation for correction of the malalignment. On 8/16/05, Dr. Hely performed removal of the intramedullary nail and correction of the angular deformity of the distal femur with internal fixation. No operative complications were noted. Post- operatively the patient was noted to have blood loss anemia, as well as hiccups all of which were managed appropriately. The patient was discharged on 8/19/05 uneventfully. The patient was seen on 8/22/05 and presented to the office with complaints of nausea and ongoing knee pain; however, it was noted that the wounds appeared to be healing well. On 8/25/05 it was noted that the patient began to develop fevers to 101-102 for the past several days as well as complaining of overall feeling of malaise and an appointment was made to see Dr Heys partner, Dr. Oliverio. Mr. Clark was seen on 8/25/05, blood work was obtained (WBC normal) and it was recommended that he increase his fluid intake. It was noted that there was no evidence of infection. The patient returned to the office on 8/29/05 and radiographs obtained on that date were reported as showing "optimal alignment of the internal fixation and the fracture position appears to be improved." The patient was instructed to begin physical therapy and to weight bear as tolerated with the plan being to follow-up in four weeks. Mr. Clark was seen by Dr. Hely on 9/7105 with reports of fevers and swelling in the knee. The plan after that visit was to continue therapy and follow up in 4 weeks. Mr. Clark presented to Carlisle Regional Medical Center on 9/10/05 with fevers, elevated CRP of 20.2, SED rate of 94 and a positive aspiration for gram negative rods, however, cultures had remained negative. In addition, he had a positive bone scan suggestive of osteomyelitis. Mr. Clark subsequently over the next month or so underwent open biopsy diagnosis of an infection and multiple debridements both open and arthroscopic. Mr. Clark continued management on IV antibiotics and ultimately was referred to Dr. Spence Reid, an Orthopaedic Traumatologist at the Hershey Medical Center, for further evaluation and management. At the Hershey Medical Center, Mr. Clark required removal of his Internal fixation, extensive debrloement with bone resection, antibiotic beads placement, as well as, placement of Ilizarov type external fixator. He subsequently required staged conversion to internal fn(ation with bone graft. Assessment It is my opinion that the medical care provided to James Clark by Dr. Robert P. Boran, Jr. deviated from the appropriate standard of orthopaedic care for the following reasons: 1.) Dr. Boran failed to obtain an adequate reduction of the fracture and accepted this level of inadequate reduction. 2.) Dr. Boran failed to adequately debride the open supracondylar femur fracture. David Wisneski, Esquire September 16, 2009 Page 4 In my review of the radiographs and the case records, it is evident that the initial reduction obtained and stabilized by Or. Boran was unacceptable with substantial vaigus deformity at the fracture site. Although the deformity had progressed slightly on subsequent measurements, the initial deformity was present on the immediate post operative films. The alignment on the initial post operative radiographs from 5/15/2005 was unacceptable. The anterior posterior view consists of an AP view of the knee and an AP view of the mid femur. It appears to be an 18 degrees vaigus deformity at the fracture site. There is also approximately 50% translation of the distal fragment to the proximal shaft. This deformity is also evident on the radiographs obtained on 5/27/2005. The deformity measures approximately 20 degrees of vaigus angulation at the fracture site on the AP radiograph. Main sources of a vaigus deformity after intramedullary nailing of a supracondylar femur fracture are failure to adequately reduce the fracture and incorrect technique with nail insertion. Those were the sources of lames Clark's vaigus deformity in this case. This is not a case of loss of reduction or failure of the implant. The deformity present was present at the completion of the surgery and was not properly corrected by Mr. Clark's treating surgeon, Dr. Boran. Orthopaedic fracture texts including the AO Principles of Fracture Management as well as the Orthopaedic Knowledge Update 3 for Trauma. both classify malunion of the distal femur as varus / vaigus malalignmerit greater than 10 degrees. The main functional deficit of malalignment is an alteration of the weight bearing axis from the hip, knee and ankle which can lead to increased 'pint stresses and degenerative arthritis. In addition, gross malalignment also affects bony healing. Dr. Boran failed to execute the operative procedure appropriately. His inadequate fracture reduction and poor trajectory of the nail entry resulted in the aforementioned angular limb deformity. In addition, the malalignment was recognized and felt to be acceptable despite published limits for angular deformity after internal fixation. Second, Dr. Boran's initial debridement was inadequate. The standard practice is debridement of the skin edges, extension of the traumatic wound in a proximal and distal direction to facilitate exposure to the subcutaneous tissue, muscle and underlying bone, debridement of devitalized tissue, inspection of the bone surface with debridement of devitalized or contaminated bone surfaces. It is a relatively common situation to have bony fragments which exit the soft tissue envelope impact on dirt or other external debris and tract this into the wound. These bone fragments need to be delivered into the wound for Inspection and debridement as they may be a major source of infection. It Is after this systematic debridement that irrigation with pulsatile lavage Is performed. In this situation, as per Dr. Boran's report, the irrigation was performed before the debridement followed by later debridement without extension of the wound edges and any comment of debridement of the bony surfaces. No attempt was made from the operative report or his deposition testimony to extend the traumatic wound or facilitate exposure of the bony surfaces, or to inspect for deep contamination. Performing irrigation prior to debridement can in fact drive contaminated material further into the wound. It is my medical opinion that Dr Boran's deviation from the standard of care In the management and care of lames Clark resulted in the need for the additional surgical procedures that were performed as well as the deep infection that Mr. Clark developed. David Wisneski, Esquire September 16, 2009 Page 5 All of the opinions that I have expressed in my report are made with a reasonable degree of medical certainty. Nascone, M.D. CURRICULUM VITAE Updated 8/20/09 Jason W. Nascone. MD Assistant Professor Attending Orthopaedic Trauma Surgeon Department of Orthopaedics University of Maryland School of Medicine R Adams Cowley Shock Trauma Center 22 South Greene St. Baltimore, MD 21201 Tel: (410) 328-6280 Fax: (410) 328-2893 e-mail: jnascone@umoa.umm.edu EDUCATION BA 1990 Biology Boston University 881 Commonwealth Avenue Boston, MA MD 1994 Georgetown University School of Medicine Washington, DC Internship 1994-1995 General Surgery Long Island Jewish Medical Center New Hyde Park, NY Residency 1995-1997 Orthopaedic Surgery Long Island Jewish Medical Center New Hyde Park, NY Residency 1997-1999 Orthopaedic Surgery Georgetown University Medical Center Washington, DC Fellowship 1999-2000 Orthopaedic Traumatology University of Maryland R Adams Cowley Shock Trauma Center Baltimore, MD AO Fellowship 1999 -2000 Orthopaedic Traumatology University of Maryland R Adams Cowley Shock Trauma Center Baltimore, MD I I P a g e 1999 Part i, American Board of Orthopaedic Surgery 2000 Advance Trauma Life Support (AILS) 2002 Part II, American Board of Orthopaedic Surgery LICENSURES 1999 1998 2000 FACULTY POSITIONS Maryland - D0056465 Washington, DC - MD 30945 DEA - BN6708296 2000 - 2003 Clinical Instructor, Department of Orthopaedics, The George Washington University Hospital (Washington, DC) 2000 - Present Clinical Instructor, Department of Orthopaedic Surgery, Georgetown University Hospital (Washington, DC) 2003 - Present Courtesy Staff, Department of Orthopaedic Surgery, The George Washington University Hospital (Washington, DC) 2003 - Present Assistant Professor, Department of Orthopaedics, University of Maryland School of Medicine (Baltimore, MD) 2005- Present Assistant Professor, Department of Orthopaedics, Johns Hopkins School of Medicine (Baltimore MD) MAJOR ACADEMIC TASKS 2000 - 2003 Coordinator, Orthopaedic Trauma Service, Washington Hospital Center (Washington, DC) Private Practice; Danziger, Levitt & Nascone, MD, (Washington, DC) 2003 - Present Attending Orthopaedic Surgeon, R Adams Cowley Shock Trauma Center (Baltimore, MD) COURSE TRAINING 1996 Lower Limb Prosthetics and Orthotics Course (New York City, NY) 1997 Biomechanics/Basic Science Course (Newport, RI) Foot and Ankle Society Review Course (Richmond, VA) 21 Page 1998 Armed Forces Institute of Pathology Review Course (Washington, DC) AO/ASIF Basic Course (Marco Island, FL) 2000 AO/ASIF Advanced Course (Colorado Springs, CO) Advance Trauma Life Support (Baltimore, MD) 2001 AO/ASIF Solutions Course (NY, NY) PROFESSIONAL MEMBERSHIP 1998 AO ASIF Orthopaedic Faculty/Instructor 2000 Medical Society of Washington, DC 2002 - Present American Academy of Orthopaedic Surgeons (AAOS) (Board Certified) 2008 - Present American Orthopaedic Association (AOA) HONORS AND AWARDS 1985 Golden Key National Honor Society 1999 Alpha Omega Alpha First Place Resident! Fellow Travel Award. 36s' Annual Meeting Eastern Orthopaedic Association, 2005 OToole R, Nascone JW, Egiseder WA, Turen C, and Scladini M. Biomechanical analysis of plate and screw fixation for full crutch welghtbearing of humeral shaft fractures 1st Prize Basic Science Division "36th Annual Meeting Eastern Orthopaedic Association, 2005, Cambridge MD O'Toole RV, Andersen RC, Vesnovsky O, Alexander M, Topoleski T, Sciadini M, Nascone J, Turen C, Egiseder WA, "Biomechanicai Analysis of Plate and Screw fixation for Full Crutch Weight Bearing of Humeral Shaft Fractures 1°r Prize Clinical Studies Division Podium Presentation, 36th Annual Meeting Eastern Orthopaedic Association, 2005, Cambridge MD, April 2005 Sagebien C, Kim T, O'Toole RV, Sciadini MF, Nascone JW Turen C "Proximal Tibia Fractures: Alignment after Intramedullary Nails," Resident and Fellow Travel Award 36th Annual Meeting Eastern Orthopaedic Association, 2005, Cambridge MD OToole RV, Andersen RC, Vesnovsky O, Alexander M, Topoleski T, Sciadini M, Nascone J, Turen C, Egiseder WA, "Biomechanical Analysis of Plate and Screw fixation for Full Crutch Weight Bearing of Humeral Shaft Fractures" 2'o Prize Clinical Study Division, Podium Presentation, Maryland Orthopaedic Association April 2006 Cox G, OToole RV, Shanmuganathan K, Sciadini MF, Turen C. Nascone JW. Computerized Tomographic Images Assist in Diagnosis of Acetabular Fractures and Are Adequate for Planning Surgical Approach 3 1 P a g e Howard Rosen Table Instructor Award Marco Island Principles Course, 6/06 Eastern Orthopaedic Association's Resident and Follow Travel Award Schulman J, O'Toole RV, Castillo RJ, Manson T, Nascone JW. "Is Pelvic Ring Disruption an Independent Risk Factor for Death After Blunt Trauma?" Podium Presentation Eastern Orthopaedic Association, August 2007 9t Prize Clinical Presentation Maryland Orthopaedic Association, April 2007 Schulman J, O'Toole RV, Castillo RJ, Manson T, Nascone JW. "Is Pelvic Ring Disruption an Independent Risk Factor for Death After Blunt Trauma?" Podium Presentation Maryland Orthopaedic Association, April 2007 RA Cowley Shock Trauma Hero Award 2007 Baltimore Maryland 4/06 ADMINISTRATIVE SERVICE 2004 - Present Shock Trauma OR committee 2004 - Present University of Maryland Medical Center OR Committee 2005 Shock Trauma Alumni Organizer 2005 Medical Director Ambulatory Services: Orthopaedics 2005-2008 Reviewer Journal of Orthopaedic Trauma 2008 - Present Associate Editor Journal of Orthopaedic Trauma TEACHING ACTIVITIES Residency Proarams 2003 - Present Hospital for Joint Diseases National Naval Medical Center (Bethesda) Union Memorial Hospital University of Maryland Medical Center Walter Reed Army Medical Center Johns Hopkins Hospital Tripler Medical Center Lennox Hill Columbia 41Page Clinical Sciences 2003 - Present Shock Trauma Orthopaedic Team Attending Rounds (Daily) Shock Trauma Intake Rounds (Daily) Operative and clinical supervision of residents and fellows, orthopaedic trauma surgery cases Orthopaedic Trauma Fellowship Lectures 2003 - Present General Surgery Shock Trauma Team Orthopaedic Radiographic Rounds (once monthly for review of important clinical cases) PUBLICATIONS' Journal Articles (Refereed) Nascone, J, Shaffer B, Aguiar G. Vesugi J. Femoral graft recession during endoscopic ACL reconstruction: influence on graft strain. Journal of Knee Surgery 15(3), 2002. Nascone, J, Wiesel S, and Lauerman W. Cauda Equina Syndrome: is it a surgical emergency. Universfty of Pennsylvania Orthopaedic Journal 12, 1999. Nascone, J, Timpone J, Fluhme D, Evans B, and Kumar P. Avascular necrosis in HIV+ infected patients: a potential link to protease inhibitors. Annals of Internal Medicine 137(1), 2002. O'Toole RV, Sagebien C, Andersen RC, Nascone JW. Superior pubic ramus osteotomy to treat locked pubic symphysis. A case report. J Bone Joint Sufg Am. 2006 Jul;88(7):1609-14. Sheetin DV, Turen CH, Nascone JW. Reconstruction of distal tibia fractures using a posterolateral approach and a blade plate. J Orthopaedic Trauma. 20(4):247-52. April 2006 Robert V O'Toole, MD; Romney C Andersen, MD; Oleg Vesnovsky, PhD; Melvin Alexander, MS; L D Timmie Topoleski, PhD; Jason W Nascone, MD; Marcus F Sciadini, MD; Clifford Turen, MD; W Andrew Eglseder Jr, MD. Are Locking Screws Advantageous with Plate Fixation of Humeral Shaft Fractures? A Biomechanical Analysis of Synthetic and Cadaveric Bone. J Orthopaedic Trauma 22(10): 709-715 Nov/ Dec 2008 Classification of Pelvic Fractures: Analysis of Inter and Intraobserver Variability Using the Young-Burgess and Tile Classification Systems. Furey A, OToole RV, Nascone JW, Sciadini MF, Copeland CE, and Turen CT. Orthopaedics vol 32, No 6 June 2009 Book Chapters Salgado C, Jamall A, Nascone JW Fasclotomies in Lower Extremity. Masters Techniques in Orthopaedic Surgery. Soft Tissue. 1t ed. Chapter 33 2006 Nascone J, Floyd J. Damage Control in Multiply injured Patient. Curbside Consultation in Fracture Management: 49 Clinical Questions 2007 5 1 P a g e Audiovisual Productions/Films/Exhibits 1998 Femoral graft recession during endoscopic ACL reconstruction: influence on graft strain. American Orthopaedic Society for Sports Medicine. 1998 Avascular necrosis In HIV+ Infected patients: a potential link to protease inhibitors. 6'" Annual Conference on Retroviruses and Opportunistic Infections (Chicago, IL) 2003 Nascone J, Sheerin D, and Turen C. Staged reconstruction for non-articular distal tibia fractures with significant soft tissue injury utilizing a posterolateral approach. Orthopaedic Trauma Association 19'h Annual Meeting (Salt Lake City, UT; 10103) 2004 Nascone J, Sheerin D, and Turen C. Staged reconstruction for non-articular distal tibia fractures with significant soft tissue injury utilizing a posterolateral approach. American Academy of Orthopaedic Surgeons 71" Annual Meeting (San Francisco, CA; 3110-14104) Sciadini MF, Sheerin D, Halpern JL, Nascone JW, Egleseder WA. The Use of Locking Small Fragment Plates for Humeral Shaft Fractures.. Poster Presentation Orthopaedic Trauma Association 204' Annual Meeting (Hollywood FL) 2005 O'Toole R, Nascone JW, Egiseder WA, Turen C, and Sciadini M. Biomechanical analysis of plate and screw fixation for full crutch weightbearing of humeral shaft fractures. Podium Presentation OTA 2005 Ottawa, Ontario Anderson, R, O'Toole RV, Nascone, JN, Sciadini MF, Turen, CH. Extension of the Ilioinguinal Approach Using a Modified Stoppa Window. Poster Presentation OTA 2005 Ottawa, Ontario Sagebien C, Kim T, O'Toole RV, Sciadini MF, Nascone JW, Turen C "Proximal Tibia Fractures: Alignment after Intrameduliary Nails," Podium Presentation, Maryland Orthopaedic Assoc. (1'" Prize Clinical Studies Division), April 2005. O'Toole RV, Andersen RC, Vesnovsky O, Alexander M, Topoleski T, Sciadini M, Nascone J, Turen C, Egiseder WA, "Biomechanicai Analysis of Plate and Screw fixation for Full Crutch Weight Bearing of Humeral Shaft Fractures"36th Annual Meeting Eastern Orthopaedic Association, 2006, Cambridge MD, October 5-8, 2005. Crichlow R, Nascone J, Sciadini M, Turen C, Graf K. "Immediate Operative Stabilization of Unstable Pelvic Ring Injuries at the Time of Emergent Exploratory Laparotomy"36th Annual Meeting Eastern Orthopaedic Association, 2005, Cambridge MD, October 5-8, 2005. 6 1 P a g e 2006 Sagebien C, O'Toole R, Kim T, Sciadini MF, Nascone JW, Turen C. Intramedullary Nailing of Proximal Tibia Fractures: A Report on 73 Consecutive Cases Podium Presentation American Academy of Orthopaedic Surgeons 72st Annual Meeting 2006 Chicago IL Crichlow R, Nascone JW,Graf K, Sciadini MF Scalea T, Alexander MT, Turen CH. Immediate operative stabilization of unstable pelvic ring injuries at the time of emergent exploratory laparotomy Poster Presentation FAST 2006 Cox G, O'Toole RV, Shanmuganathan K, Sciadini MF, Turen C. Nascone JW. Computerized Tomographic Images Assist In Diagnosis of Acetabular Fractures and Are Adequate for Planning Surgical Approach," Podium Presentation 22w Annual Meeting of the Orthopaedic Trauma Association, Phoenix, AZ October 2006 Cox G, O'Toole RV, Shanmuganathan K, Sciadini MF, Turen C. Nascone JW. Computerized Tomographic Images Assist in Diagnosis of Acetabular Fractures and Are Adequate for Planning Surgical Approach," Podium Presentation, Maryland Orthopaedic Association April 2006 2007 Debritz, J, Copeland C, Nascone J. Percutaneous Fixation of Acetabuiar Fractures: Indications and Early Results_Poster Presentation American Academy of Orthopaedic Surgeons 73rd Annual Meeting 2007 San Diego CA Furey A, O'Toole RV, Sciadini MF, Turen C, Nascone JW, "Classification of Pelvic Fracture: An Analysis of Interobserver Variability." Poster Presentation 23rd Annual Meeting of the Orthopaedic Trauma Association, Boston MA October 2007 Floyd JCP, O'Toole RVO, Stall A, Hsieh A, Nascone JW, Does a Locking Proximal Femoral Plate Have Adequate Biomechanical Properties to Treat Comminuted Subtrochanteric Femur Fractures/" Podium and Poster Presentation 2e Annual Meeting of the Orthopaedic Trauma Association, Boston MA October 2007 Schulman J, O'Toole RV, Castillo RJ, Manson T, Nascone JW. "Is Pelvic Ring Disruption an Independent Risk Factor for Death After Blunt Trauma?" Poster Presentation 23 Annual Meeting of the Orthopaedic Trauma Association, Boston MA October 2007 Floyd JCP, O'Toole RVO, Stall A, Hsieh A, Nascone JW, Does a Locking Proximal Femoral Plate Have Adequate Biomechanical Properties to Treat Comminuted Subtrochanteric Femur Fractures" Podium Presentation Maryland Orthopaedic Association April 2007 Schulman J, O'Toole RV, Castillo RJ, Manson T, Nascone JW. "Is Pelvic Ring Disruption an Independent Risk Factor for Death After Blunt Trauma?" Podium Presentation Eastern Orthopaedic Association, August 2007 (Fellow Travel Award) Partai G O'Toole RV Turen C Nascone JW, Sciadini MF. "Is Fixation of APCII Pelvic Ring Injuries Necessary?" Podium Presentation Maryland Orthopaedic Association April 2007 2008 Schulman J, O'Toole RV, Castillo RJ, Manson T, Nascone JW. 'Is Pelvic Ring Disruption an Independent Risk Factor for Death After Blunt Trauma?" Podium Presentation Maryland Orthopaedic Association, April 200 Schulman J, O'Toole RV, Castillo RJ, Manson T, Nascone JW. "is Pelvic Ring Disruption an Independent Risk Factor for Death After Blunt Trauma?" Podium Presentation AAOS 2008 71 Page Dietz A, O'Toole RV, Pollak AN, Nascone JW, Sciadini MF, "Are CT Scans Better than Plain Films for Diagnosing Femoral Neck Fractures Associated with Femoral Shaft Fractures?" Poster Presentation 24°1 Annual Meeting of Orthopaedic Trauma Association, Denver, CO, October 2008. Doro C, Forward D, Kim H, Nascone JW, Sciadini MF, Hsieh A, Osgood G, O'Toole RV, "Does 2.5 cm of Pubic Symphyseal Widening Differentiate APCI from APC II Pelvic Ring Injuries?" Poster Presentation 20 Annual Meeting of Orthopaedic Trauma Association, Denver, CO, October 2008 2009 Doro C, Forward D, Kim H, Nascone JW, Sciadini MF, Hsieh A, Osgood G, O'Toole RV, "Does 2.5 cm of Pubic Symphyseai Widening Differentiate APCI from APC II Pelvic Ring Injuries?" Poster Presentation American Academy of Orthopaedic Surgeons Las Vegas NV 2009 O'Brien MJ, O'Toole RV, Zadnik M, Nascone JW, Scladini MF, Pollak AN, Turen CH, Eglseder WA. "Does sleep deprivation impair orthopaedic trauma surgeons' cognitive and psychomotor performance?" Podium Presentation American Academy of Orthopaedic Surgeons Las Vegas NV 2009 MAJOR INVITED LECTURES / GRAND ROUNDS / SCIENTIFIC PRESENTATIONS 1998 Complication of intramedullary fixation. Department of Orthopaedics Grand Rounds. Georgetown University Medical Center (Washington, DC) 1999 Controversies in acetabular fracture management. Department of Orthopaedics Grand Rounds. Georgetown University Medical Center (Washington, DC) Management of acetabular deficiencies in total hip arthroplasty. Department of Orthopaedics Grand Rounds. Georgetown University Medical Center (Washington, DC) 2000 High-energy pelvic ring disruptions. Department of Surgery Grand Rounds. George Washington University Medical Center (Washington, DC) 2001 Instructor. Contemporary techniques and issues in orthopaedic trauma. (Vail, CO) 2002 Current concepts in polytrauma. Trauma Grand Rounds. Washington Hospital Center (Washington, DC) Gamma Workshop. State of the Art in Orthopaedic Trauma: Management of the Critically Injured Patient. (Baltimore, MD; 4/25/02) Hip compression screws vs. Gamma nails? State of the Art in Orthopaedic Trauma: Management of the Critically Injured Patient. (Baltimore, MD; 4/26102) 81 Page M3 Chairman. AO ASIF Orthopaedic Trauma: Team Approach to Fracture Management Course. National Rehabilitation Hospital (Vienna, VA; 2003) Principles of locked plating, locked plating in upper extremity, locked plating in the tibia. (Fairfax, VA; 2003) AO North America Musculoskeletal Faculty Development Forum. (Amelia Island, FL; 11/13-16/03) 2004 Olecranon/Patella fractures. AO ASIF Principles of Fracture Management Course for Residents. (Baltimore, MD; 1/30/04) Moderator. External Fixation. AO ASIF Principles of Fracture Management Course for Residents. (Baltimore, MD; 2/1/04) Current Concepts in Orthopaedic Trauma & Recognition and Management of Orthopaedic Emergencies. University of Maryland Department of Orthopaedics Outreach CME Program. (Baltimore, MD; 2125/04) Traumatic injuries of the lower extremity. Orthopaedics for Primary Care Providers. University of Maryland Department of Orthopaedics Outreach CME Program. (Baltimore, MD; 4/24104) Nailing proximal tibia fractures. INOVA Fairfax Hospital's Annual Orthopaedic Trauma Seminar. (Fairfax, VA; 5120104) Proximal femur fracture management. INOVA Fairfax Hospital's Annual Orthopaedic Trauma Seminar. (Fairfax, VA; 5/20104) Locked plating in the proximal tibia. Locked/Compression Plating and Current Concepts - A Trauma Symposium. (Annapolis, MD; 5/22/04) Cadaver Demo: Hoffman II knee bridging and a retrograde femoral nail (SCN). 9m Annual Eastern Residents Meeting. (Cleveland, OH; 8114/04) Femoral shaft fractures. 9a' Annual Eastern Residents Meeting. (Cleveland, OH; 8/14104) Mangled extremity. Anatomy Lecture. University of Maryland Department of Orthopaedics. (Baltimore, MD; 10/01104) 2005 High-energy pelvic ring disruptions. Grand Rounds. Thomas Jefferson University. (Philadelphia, PA; 1/06/05) Advances in lower leg fixation. Orthopaedic Trauma Think-Tank. (Aspen; CO; 1/30-213/05) High-energy pelvic ring disruptions Grand Rounds. Georgetown University Hospital. (Washington, DC; 2/15/05) Presented Testimony for AAOS and OTA at Emergency Medical Treatment and Labor Act Technical Advisory Group, Washington DC March 2005 Pelvic Ring Disruptions. Johns Hopkins Orthopaedic Boards Review Course (Baltimore MD) June 05 91Page Proximal Femur Fractures in the Young, Johns Hopkins Orthopaedic Boards Review Course (Baltimore MD) June 05 2006 Chairman AO ORP Course Annapolis MD 8106 Acetabular Fractures AO ORP Course Annapolis MD 8/06 High Energy Pelvic Ring Disruptions AO ORP Course Annapolis MD 8/06 Tibial Plateau Fractures AO Principles Course Marco Island FL 06106 Principles of Locked Plating AO Principles Course Marco Island FL 06/06 Lab Instructor. Principles of Locked Plating73`d Annual Meeting of the American Academy of Orthopaedic Surgeons. (Chicago, IL; 3123106) Moderator. Trauma III: General trauma, femoral fractures, knee dislocations. Annual Meeting of the American Academy of Orthopaedic Surgeons. (Chicago, IL; 3/23106) Advances in Lower Leg Fixation. Orthopaedic Trauma Think-Tank. (Aspen, CO 02106 Pelvic Ring Disruptions. Johns Hopkins Orthopaedic Boards Review Course (Baltimore MD) 05106 Proximal Femur Fractures in the Young, Johns Hopkins Orthopaedic-Boards Review Course (Baltimore MD) 05/06 2007 Moderator. Trauma II: General trauma, femoral fractures, knee dislocations. Annual Meeting of the American Academy of Orthopaedic Surgeons. San Diego CA 2007 Presentation to Nail AO TK Committee Davos, Switzerland 11106 Advances in Lower Leg Fixation. Orthopaedic Trauma Think-Tank. (Aspen, CO 03107) Faculty; Fixation Problems. Tyson's Corner, VA AO Solutions to Fracture 5107 Faculty AO Principles Course, Salt Lake City, UT (10107) 2008 Grand Rounds Presentation Damage Control Orthopaedics. Thomas Jefferson University Department of Orthopaedic Surgery 07108 Faculty AO Principles Course Marco Island FL 6/08 Chairman Baltimore AO Fracture Summit 09/08 Faculty AO Principles Course Davos, Switzerland 12/08 101Page EXHIBIT "E" JASON W. NASCONE, MD Orthopaedic Trauma and Reconstruction August 30, 2010 Joseph Melillo of Navitsky, Olson & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Phone #: 717-541-9205 RE: James Clark Introduction I have been asked to provide a report addressing several questions posed by Mr. Joseph Melillo in the matter of James Clark versus Robert Boran Jr., M.D. Review of Medical Records This report is generated after discussion and review of the defense expert report prepared by James Aragona, M.D. dated March 17, 2010. First question was whether or not Dr. Mira in the emergency room on May 20, 2005 or Dr. Healy at his outpatient visits on June 13, 2005 or June 8, 2005, would have discovered femoral malalignment if they had the opportunity to review the previously obtained radiographs of Mr. Clark's right femur. It is my opinion that the position of the femur present on radiographs postoperatively was the reduction obtained in the operating room on May 14, 2005. It is also my opinion based on reviews of the records, both Dr. Mira and Dr. Healy advocated revision of the fixation due to both angular and rotatory malalignment. Since it does not appear that there was a substantial change in alignment from intraoperative to the postoperative period, I suspect both doctors would have recommended revision if they had the opportunity to review the radiographs. 2. The second question posed by Mr. Melillo is whether or not displacement of the fracture in the postoperative period could have occurred after the May 14, 2005 surgery and prior to the discovery of angular and rotatory problems by Dr. Healy on July 29, 2005. It is possible to develop loss of fixation and loss of reduction in the postoperative period. It does not appear however based on my review of the radiographs that there was any substantial loosening of hardware, shifting of hardware, loosening of screw fixation, failure of screw fixation, or change in position of the intramedullary rod that would account for this type of loss of fixation. There also does not appear to be failure of the bony interface, which also could lead to loss of fixation. It is my opinion that most of the changes seen on subsequent radiographs are projectional and due to variance of technique in obtaining the radiographs. 13517 Paternal Gift Drive, Highland, Maryland 20777 James Clark August 30, 2010 Page 2 I The final question posed was whether or not there is an increased risk of the knee joint or ligament problems, which were later manifested by Mr. Clark while he was treated at Hershey Medical Center and whether or not this could be secondary to deviation of the standard of care by Dr. Boran. Certainly, it is possible that Mr. Clark sustained a ligament injury to the knee in combination with the femoral fracture. Performing a ligament exam prior to fixation of the femur fracture is very difficult due to the instability at the fracture site. Postoperatively, an exam maybe performed to assess for ligament stability of the knee. I do not recall if this was specifically mentioned in Dr. Boran's operative dictation. Of concern, however, is the poor entry trajectory of the nail, which removes segment of bone from the medial femoral condyle. This is the insertion point for the posterior cruciate ligament. The correct entry trajectory and entry point for a retrograde femoral nail is in the central portion of the knee anterior to the femoral notch. It is my opinion that based on the radiographs and the position of the nail postoperatively that the entry trajectory was more medial than appropriate, potentially damaging the PCL origin. All of the opinions that I have expressed in my report are made with a reasonable degree of medical certainty. Sincerely, ilioNt, Jas . Nascone, M.D. JWN:cbslrt EXHIBIT "F" IX21 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: © for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JAM CLARK (Plaintiff) (check one) ? Civil Action - Law ? Appeal from arbitration ® Civil Action - lftdtaal Professional (other) C"MMty acti°n vs. The trial list will be called on RCKMT P. BORAN, JR., H.D. and and August 31, 2010 APPAill(ATAN ?QPEDIC CI3+Tl'ER, LTD. Trials commence on September 20, 2010 (Defendant) Pretrials will be held on September 8, 2010 vs. (Briefs are due S days before pretrials No. 07-2783 Term , Indicate the attorney who will try case for the party who files this praecipe: Jo®eph M. NeUllo, Esquire Indicate trial counsel for other parties if known: Mai ?oe Ross, Defendant Robert P. Btu m, Jr., Dean F. Piemat..Emuire - Def. A3amalach-sn nrthrww This case is ready for trial. Date: March 15, 2010 Signed: Print Nad Josepb M. me iuo Attorney for: E aintiff CERTIFICATE OF SERVICE I, Lois E. Stauffer, an employee of the law firm ofNavitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Praecipe for Listing Case for Trial was served upon the following persons by first-class United States mail, postage prepaid on March 15, 2010 as follows: Elaine Ross, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Counsel for Defendant Robert P. Boran, Jr., M.D. Dean F. Piermattei, Esquire Rhoads & Sinon LLP One South Market Square, 12? Fl. P.O. Box 1146 Harrisburg, PA 17108-1146 Counsel for Defendant Appalachian Orthopedic Center, Ltd. - q)"? 'F - A2?L'& - Lois E. Stauffer EXHIBIT "G" LAW OFFICES KILCOYNE & NESBITT, LLC PLYMOUTH MEETING EXECUTIVE CAMPUS 630 WEST GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TEL: (610) 825-2833 FAX: (610) 825-3222 JAMES P. KILCOYNE GREGORY S. NESBITT EMAIL: mhermanovich@KiicovneLaw.com KYLE N. THOMPSON ELAINE M. ROSS JACQUELINE R. DRYGAS LAURIE B. SHANNON MARK J. HERMANOVICH DAVID W. RINGLABEN August 9, 2010 VIA FACSIMILE (717) 541.9206 AND U.S. MAIL Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Re: James R. Clark v. Robert P. Boran, Jr., M.D., et al. Cumberland County CCP No.: 2007-2783 Our File No. 185-217 Dear Mr. Melillo: ALLENTOWN OFFICE: SUITE 115 COMMERCE PLAZA III 5050 TILGHMAN STREET ALLENTOWN, PA 18104 PLEASE REPLY TO: PLYMOUTH MEETING OFFICE Enclosed herein please find the expert report and C.V. of James Aragona, M.D. Please be advised that Dr. Aragona will be called to testify at Trial of this matter. Should you have any questions, please feel free to contact me. /ery yours, MARK J. 'yours, E MJH/das Enclosures EXHIBIT "H" • LAW OFFICES KILCOYNE & NESBITT, LLC PLYMOUTH MEETING EXECUTIVE CAMPUS 630 WEST GERMANTOWN PIKE, SUITE 121 PLYMOUTH MEETING, PA 19462 TEL: (610) 825-2833 FAX: (610) 825-3222 JAMES P. KILCOYNE GREGORY S. NESBITT EMAIL: mhermanovich@KilcovneLaw.com KYLE N. THOMPSON ELAINE M. ROSS JACQUELINE R. DRYGAS LAURIE B. SHANNON MARK J. HERMANOVICH DAVID W. RINGLABEN August 11, 2010 VIA FACSIMILE (717) 541.9206 AND U.S. MAIL Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Re: James R. Clark v. Robert P. Boran, Jr., M.D., et al. Cumberland County CCP No.: 2007-2783 Our File No. 185-217 Dear Mr. Melillo: ALLENTOWN OFFICE: SUITE 115 COMMERCE PLAZA III 5050 TILGHMAN STREET ALLENTOWN, PA 18104 PLEASE REPLY TO: PLYMOUTH MEETING OFFICE Enclosed herein please find the expert report and C.V. of Mark Lieberman, M.A., C.R.C. Please be advised that Mr. Lieberman will be called to testify at Trial of this matter. Should you have any questions, please feel free to contact me. Very truly yours, MARK J. HERMANOVICH • MJH/das Enclosures EXHIBIT "I" JAMES R. CLARK, Plaintiff V. ROBERT P. BORAN, JR., M.D., and APPALACHIAN ORTHOPEDIC CENTER, LTD., Defendants IN RE: CIVIL TRIAL LIST 07-2783 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of August, 2010, upon consideration of the call of the Civil Trial List in the above-captioned matter and pursuant to a representation of Defendant Boran's counsel that his client has recently undergone surgery and requires a continuance of this case and without objection on the part of other counsel in the case, this matter is stricken from the trial list and counsel are directed to relist the case for the succeeding term of court. By the Court, J. Joseph M. Melillo, Esquire 2040 Linglestown Rd Ste 303 Harrisburg, Pennsylvania 17110 For Plaintiff Elaine Ross, Esquire One Liberty Place 1650 Market Street, Ste 1800 Philadelphia, PA 19103-7395 For Defendant Boran Dean F. Piermattei, Esquire 1 South Market Square, PO Box 1146 Harrisburg, PA 17108-1146 For Defendant Appalachian Orthopedic Center, Ltd. pcb 'c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW sley O1" r, Jr.?f J. EXHIBIT "J" NAVITSKY, OLSON & WISNESKI LLP A T T O R N E Y S A T L A W :L October 6, 2010 Elaine Ross, Esquire Kilcoyne & Nesbitt, LLC 630 West Germantown Pike Suite 121 Plymouth Meeting, PA 19462 Re: Clark v. Boran, Jr., M.D., et al. No. 2007-2783 Dear Elaine: Enclosed please find a report from Dr. Mark S. Colella, together with his curriculum vitae. Dr. Colella is a radiologist and will testify at the time of trial as an expert, along with Dr. Nascone and Mark Lukas. I have spoken with, and may call as witnesses on direct or in rebuttal, Dr. Mira and Dr. Camponovo. These are treating physicians. Based on his conversation with me, I believe that Dr. Mira would testify that at the time he examined James Clark in the emergency room, shortly after the initial surgery, he would not have been in a position to note any alignment problems absent review of x-rays, and nothing in the records suggest he reviewed x-rays. Dr. Camponovo could provide a great deal more detail about his thinking and intent when he reviewed the initial post-operative film. I may call one or both of subsequent treating physicians at Hershey Medical Center, Dr. Reid or Dr. Lynch, concerning the treatment they rendered and his prognosis. James' prognosis is distinctly guarded. You had indicated to me some time ago that you thought Dr. Boran would be willing to permit negotiations. I have heard nothing from you since. JMM/les Enclosures Phone: (717) 541-9205 V truly yours, J eph M. Melillo 2040 Linglestown Road • Suite 303 • Harrisburg, PA 17110 Fax: (717) 541-9206 Toil Free: 1-800-818-9608 www.nowilp.com EXHIBIT "K" ALLE-KISKI ? MEDICAL CENTER WEST PENN ALLEGHENY HEALTH SYSTEM MAIN CAMPUS 1301 CAR.Lisu STREET, NATRONA HEIGHTS, PA 15065 724-224-5100 Aug. 24, 2010 Navitsky, Olson & Wisneski LLP 2040 Linglestown Road Suite 303 Harrisburg, PA 17110 Attention Attorney Duane S. Barrick Re: James Clark Dear Attorney Barrick: AMBULATORY CARE CENTER 651 Foum AvENm, NEw KENSINGTON, PA 15068 724-334-AKMC (2562) As per your request, I have reviewed the case of Mr. James Clark including the following material: 1. Radiographs and a CD containing radiographic images of Mr. James Clark dated 5.14.05, 5.15.05, 5.27.05 and 7.29.05 2. Imaging reports from 5.14.05, 5.15.05, 5.27.05, 7.29.05, 8.29.05 and 9.7.05 3. Radiographs from 8.29.05 and 9.7.05 4. Copy of the report of James Aragona, MD 5. Copy of the report of Jason Nascone, MD . 6. Operative reports from 5.14.05, 8.16.05, 9.20.05, 9.26.05, and 10. 14.05 Review of the medical records documents that W. Clark, at 19 years of age, was involved in an ATV accident on 5.14.05. At that time, he suffered an open right distal femoral supracondylar fracture. As a result of his injury, he was taken for surgery by Dr. Boran on 5.14.05 at which time he underwent debridement, lavage and closed intramedullary retrograde rod placement in his right femur. Radiographs were obtained both pre and post-operatively. Additionally, fluoroscopy was employed during the performance of the hardware placement and fixation at the time of the initial surgery. Mr. Clark was discharged on 5.19.05 but returned to the emergency room on 5.20.05 due to thigh pain. He was discharged after being seen by on call orthopaedic surgeon Dr. Mira. On 5.27.05 Mr. Clark was seen for his first post-operative visit by Dr. Boran who was unsure why the patient was having persistent temperature elevations. Radiographs of the femur were performed and reported to show no changes in alignment. Mr. Clark was then seen on 7.8.05 by Dr. Hely who noted complaints of swelling of the foot and leg below the knee and marked weakness in the lower extremity. He also noted a clinical valgus deformity of approximate 10 degrees and a radiographic valgus deformity of 13 to 15 degrees. Additionally, he noted an external rotation deformity of 10 to 15 degrees. Due to the malalignment and rotational deformity, surgical correction of the malalignment was recommended. On 8.16.05, Dr. Hely performed removal of the intramedullary nail and correction of the angular deformity of the femur with internal fixation. The patient was again seen on 8.22.05 when he presented with symptoms of nausea and vomiting. Subsequently, on 8.25.05 he developed fevers associated with feelings of malaise. On an appointment of 8.29.05 he was noted to have optimal alignment of the internal fixation and improved appearance of the fracture site. On 9.7.05, Mr. Clark noted symptoms of fever and swelling of the knee, and on 9.10.05 he underwent a positive aspiration of the knee. Bone scan at that time was suggestive of osteomyelitis that necessitated multiple debridements both open and arthroscopic. Unfortunately, he ultimately required removal of his internal fixation, extensive debridement with bone resection, antibiotic bead placement as well as placement of an external fixator with conversion to internal fixation with bone graft. X-RAY REVIEW AP and lateral x-rays dated 5.14.05 performed immediately following the accident show a transverse to oblique fracture involving the supracondylar right femur. There is significant displacement and angulation about the fracture site. Several small bone fragments were identified as well. Only about 20% of the of the upper shaft of the femur overlies the lower fracture fragment. The articulation between the shafts of the proximal and distal fracture fragments is at a significant valgus angulation. Immediate post-operative films from 5.15.05 were obtained and show interval placement of an intramedullary rod and 2 transverse screws joining the proximal and distal bone fragments. However, there is persistent and significant displacement and valgus angulation about the fracture site. Despite rodding of the femur, there is only alignment of about 700% of the shafts of the proximal and distal femur. The intramedullary rod is seen entering the distal supracondylar portion of the femur at an oblique angle and appears to go through both peripheral cortical bone and the medullary portion of the femur. The intramedullary rod is not aligned parallel to the shafts of the proximal and distal fracture fragments. This alignment is inadequate and not consistent with successful reduction about the fracture site. Subsequent films were obtained on 5.27.05. In comparison to the prior study, there has been minimal worsening of the angulation about the fracture site. Additionally, there is slightly greater displacement with now approximate 60% of overlap between the fracture fragments. No significant healing or callous formation has occurred. A later study dated 7.29 shows no change in alignment or angulation. There had been some minimal healing with bone resorption and slight callous formation. In my opinion, based on the clinical history and radiographs, I believe to a reasonable degree of medical certainty that Dr. Boran fell below the standard of care in his surgical correction and attempted fixation of Mr. Clark's femur fracture. Despite the use of fluoroscopy during surgery, Dr. Boran failed to obtain adequate alignment of the proximal and distal fracture fragments. The intramedullary nail entered the distal fracture fragment obliquely instead of along the long axis of the medullary space. This failure led to the significant post-operative valgus deformity of the femur. As a result of the angulation about the fracture site, additional movement and worsening of the angulation about the fracture occurred. This, in addition to a post-operative infection, resulted in numerous repeat surgeries on Mr. Clark's femur and significant delay in healing. If you have an questions regarding my opinions or review of this case, please feel free to contact me. Sincerely, I?KZIA-411140 Mark S. Colella M.D. CURRICULUM VITAE I. PERSONAL INFORMATION Name: Date of Birth: Birthplace: Address: Phone: Email: Marital Status: Mark S. Colella, M.D. May 11, 1963 New Brighton, PA 219 Royal Doulton Court Gibsonia, PA 15044 (724) 226-7863 or (724) 334-4774 Raddoc5@yahoo.com Married/Wife: Lori (Cotter) Children: Marcus & Lauren Social Security Number. PA Medical License: MC & BS Provider Number: MCD Provider Number: UPIN Provider Number: DEA Number: H. EDUCATION AND TRAINING 187-5&1433 M )-044762-L 722-031 1220484 F31645 BC3593236 Und uate 09/81- 05/83 Cornell University Anthropology Major Ithaca, New York President's Scholarship Dean's List each Semester Cornell University Trainer's Award, Baseball, 1982 09/83 - 05/85 Geneva College Pre-Medical Beaver Falls, PA Science ...B.S. Summa Cum Laude U.S. Olympic Baseball Team Finalist, 1984 Mark S. Coleila, M.D. Page Two W. Clair Merriman, Student Athlete Award ,1985 Academic All American 1984, 1985 Geneva College Certificate of Merit for Outstanding Scholastic Achievement 1984, 1985 Graduate (Medical) 05/89 University of Pittsburgh M.D. School of Medicine Pittsburgh, PA Academic Honors in Neuroanatomy and Neuroscience, Internal Medicine Academic/Clinical Honors: OB/GYN, Neurology, Pediatrics Post Graduate (Residencv? 07/89 - 06/93 Presbyterian University Radiology Resident Hospital (07/89 - 06/92) Pittsburgh, PA Chief Radiology Resident (06/92 - 06/93) Mark S. Colella, M.D. III. CERTIFICATION AND UCENSURE Page Tbree 1988 Pennsylvania Medical License MD-044762-L 1993 Board Certified in Diagnostic Radiology 1994 Certified B-Reader...National Institute of Occupational Safety and Health (NIOSH) IV. APPOINTMENTS AND POSITIONS 1985 -1987 1991 1991 06/93 - Present 1994 - Present 1996 - Present 1998 Pittsburgh Transplant Foundation Pittsburgh, PA Residents Chapter of PA Radiological Society Residents Chapter of Pittsburgh Roentgen Society Alle-Kiski Medical Center Department of Radiology 1301 Carlisle St. Natrona Heights, PA 15065 AV Medical Imaging, Inc. 1301 Carlisle St. Natrona Heights, PA 15065 Aile-Kiski Medical Center 1301 Carlisle St. Natrona Heights, PA 15065 Chairman, Nomination Committee, General Staff Organ Procurement Coordinator Chairman President Staff Radiologist Partner Radiation Safety Officer 1996 - Present Independent Radiologic Consultations To Legal Profession 1999 Independent Consultant Options Health Works Pittsburgh, PA Mark S. Colella, M.D. 2000 -2008 2008 - Present Alle-Kiski Medical Center Natrona Heights, PA 15065 Alle-Kiski Medical Center Natrona Heights, PA 15065 V. PROFESSIONAL ORGANIZATIONS Allegheny County Medical Society American College of Radiology Pennsylvania Radiological Society Pittsburgh Roentgen Society VI. PUBLICATIONS/PRESENTATIONS Page Four Assistant Medical Director of Radiology Director of Radiology "Role of Quantitative Ventilation and Perfusion Lung Scannm_ in Single Lung Transp tation", Association of University Radiologists, March, 1991; Pittsburgh Roentgen Society, April, 1991. Mark S. Colella, Ajit Shaw. Ontell, Sheryl J., Mark S. Colella, Joel Horowitz, Leonard Makowka, Jonathan Trager, Thomas E. Starzl. "Applications of the Isolated Perfused Rat Liver in Transplantation Research." Journal of Investigative Surgery. 1992, 1993 Presentation: Orthopedic Radiology, The Reading Room, Christy Imaging Conference, Vista Hotel, Pittsburgh, PA. 1992 Co-Author "Radiology Fellowship Reform Legislation" ACR National meeting in Phoenix, Arizona. 1996 Presentation: "Radiology Reading Room" Christy Imaging Service, Pittsburgh, PA. 1997V 1998 Presentation: "Radiologists Approach to Plain Films" Christy Imaging Service, Pittsburgh, PA. Mark S. Colella, M.D. Page Five VIL SCIENTIFIC MEETINGS. POST GRADUATE COURSES, OR OTHER CONTINUING MEDICAL EDUATION (C.M.E.) ACTIVITIES: CREDIT HOURS Intermountain Imaging Conference Medical College of Wisconsin Milwaukee, WI February 9 -16,1991 Category I, AMA 33 Radiologic Pathology Armed Forces Institute of Pathology Washington, D.C. February 25, 1991 - April 5, 1991 Resident Review Diagnostic Imaging . University of California School of Medicine San Francisco, CA Courses held in Burlingame, CA March 1- 5, 1993 Category I, AMA 35.5 MRI Update School of Medicine University of California San Francisco, California 94143-0742 March 7 -11, 1994 Category 1, AMA. 25.5 PA Radiological Society 79th Annual Meeting Hershey, Pennsylvania May 13 -14,1994 Category II, AMA 6 Seminar on Pneumoconiosis New Orleans, Louisiana October, 1994 Category I, ACR 18 Mark S. Colella, M.D. "ORGAN IMAGING REVIEW '94" University of Toronto Toronto, Ontario Chairman: Edward E. Kassel, M.D. September 19 - 23, 1994 Category I, AMA 6.9 "Update in Obstetrics and Gynecology" University of Pittsburgh Medical Center Center for Continuing Education in the Health Sciences Vail, Colorado February 25 - March 4, 1995 Category I, AMA 24 12th Annual--Magnetic Resonance Imaging 1995 National Symposium Las Vegas, Nevada Sponsor: Educational Symposia, Inc. 1527 S. Dale Mabry Hwy. Tampa, FL 33629-5808 May 22 - 26,1995 Category I, AMA 40 The 1995-1996 Medical-Dental-Legal Update Colorado (Keystone) Sponsor: American Education Institute April I - 5, 1996 Category I 20 Nemacolin Vascular Conference Nemacolin Woodland Resort Presented by: The Mercy Vascular Center Pittsburgh Mercy Health System May 17 -18,1996 Category I 6 The 1996-97 Medical-Dental-Legal Update Marriott Desert Springs Resort February 10-14,1997 Category 1 20 Page Six Mark S. Colella, M.D. The 17th Annual Pittsburgh Breast Imaging Seminar The Westin William Penn Hotel Pittsburgh, PA Presented by: The Pittsburgh Breast Imaging Seminar Associates September 18 - 21, 1997 Category 1 25.5 Educational Symposia, Inc. 1527 South Dale Mabry Highway Tampa, FL 33629 Title. 1997 International Symposium on Vascular Diagnosis and Intervention (A Video Teaching Course) December 1997 Category I 8 The 1997-98 Medical-Dental-Legal Update Breckenridge, CO The Marriott December 8 - 12, 1997 Category I 20 The 1998-1999 Medical-Dental-Legal Update Park City, Utah The Lodge March 29,1999 Category 1 20 Pennsylvania Medical Society PRS 84th Annual Meeting Hotel Hershey May 15, 1999 Category I 4.25 The 1998-1999 Medical-Dental-Legal Update Myrtle Beach, SC Sand Castle August 9 - 13, 1999 Category I 20 Page Seven Medical Risk Management, Inc. 8 Greenway Plaza, Suite 1120 Houston, Texas 77046 Mark S. Colella, M.D. RiskAware for Physicians September 17, 1999 Category 1 8.50 The 1999-2000 Medical-Dental-Legal Update Beaver Creek, CO February 7, 2000 Category 1 20 The 1999-2000 Medical-Dental-Legal Update Palm Springs, CA March 20 - 24, 2000 Category I 20 Page Eight 2000 - Present CME's Catalogued On Line EXHIBIT "L" Robert P. Boran, Jr. M.D. Seton Medical Group 700 E. Norwegian Street Pottsville, PA 17901 Date of Birth: May 21, 1952 Place of Birth: Pottsville, PA Marital Status: Married Wife's Name: Catherine Virginia (Kling) Boran Children: 3 Education Grade School -1958-1966 St. Vincent de Paul School Minersville, Pennsylvania High School - Graduated 1970 Nativity of the Blessed Virgin Mary Pottsville, Pennsylvania 17901 College - Graduated 1974- cum, laude Alpha Sigma Nu - National Jesuit Honor Society St. Joseph's College Philadelphia, Pennsylvania Medical School Doctorate Degree in Medicine -1978 Jefferson Medical College of the Thomas Jefferson University Philadelphia, Pennsylvania Internship Pennsylvania Hospital Department of Sick and Injured Philadelphia, Pennsylvania June 18, 1978 to June 18, 1979 Residency Orthopedic Surgery Thomas Jefferson University Hospital Philadelphia, Pennsylvania July 1, 1979 to July 1, 1983 Residency Chief Resident Alfred I DuPont Institute of the Nernours Foundation for Crippled Children Wilmington, Delaware January 1, 1981 to December 31, 1981 Chief Resident United States Veterans Administration Hospital Wilmington, Delaware July 1980 to December 1980 License Pennsylvania, July 2, 1979 Board Certification Board Certified -1989 American Board of Orthopaedic Surgeons Re-certified -1999 - ABOS Hospital Staff Appointments Good Samaritan Regional Medical Center Pottsville, Pennsylvania Active Medical Staff June 2005 - present Membership in Societies Fellow, American College of Surgeons Fellow, American Academy of Orthopaedic Surgeons Member, American Association of Hip and Knee Surgeons Member, Eastern Orthopaedic Association Member, Nominating Committee Eastern Orthopaedic Association 2002 Member, Board of Directors, Eastern Orthopaedic Association (2004 . 1, Membership in Societies Member, Pennsylvania Orthopaedic Society Member, Southern Orthopaedic Association Member, International Society for Technology in Arthroplasty Member, North American Faculty of Swiss Association for the Study of International Fixations of Fractures Member, AO North America Member, Delaware Valley Orthopaedic Trauma Consortium Member, Jefferson Orthopaedic Society Member, Alfred I DuPont Institute Alumni Association Member, American Medical Society Member, Pennsylvania Medical Society Member, Southern Medical Association Member, Schuylkill County Medical Society Member, Clinical Adjunct Faculty, Department of Allied Health Science of King's College, Wilkes Barre, Pennsylvania Named to Who's Who in Medicine and Health Care in America First Edition Named to Marquis's Who's Who in America Named to Marquis's Who's Who in the World Member, Thomas Bond Society of the Pennsylvania Hospital . f, Social Organizations Pennsylvania Society Sellersville, Pennsylvania The Union League of Philadelphia Philadelphia, Pennsylvania The Schuylkill Country Club Orwigsburg, Pennsylvania Sky Top Club Sky Top, Pennsylvania Benevolent & Protective Order of the Elks Frackville Lodge # 1533 KILCOYNE & NESBITT, LLC BY: ELAINE M. ROSS ATTY. I.D. NO. 46031 BY: DAVID W. RINGLABEN ATTY. I.D. NO. 206836 630 WEST GERMANTOWN PIKE SUITE 121 PLYMOUTH MEETING, PA 19462 (610) 825-2833 JAMES R. CLARK Plaintiff V. ROBERT P. BORAN, JR., M.D. and APPALACHIAN ORTHOPEDIC CENTER, LTD. Defendants ATTORNEY FOR DEFENDANT ROBERT P. BORAN, JR., M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 2007-2783 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, David W. Ringlaben, Esquire, hereby certify that a true and correct copy of the Motion in Limine Defendant, Robert P. Boran Jr., M.D., was served by first class mail, postage prepaid upon the following on the date below: Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 DATED: 11/16P/lD Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 L j 4 -/ ? , - DAVID W. RINGLABEN, UIR