HomeMy WebLinkAbout08-6120(4.
.
ROWER, ALLEN, ROWER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
8301 Presidents Drive
Apt. 322
New Kingston, PA 17072
Plaintiffs,
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
3399 Trindle Road
Camp Hill, PA 17011
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
c/o Stanley A. Smith, Esquire
Rhoades & Sinon
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
UNIVERSITY OF PENNSYLVANIA
HEALTH SYSTEM
Defendants.
} NO. - of- UOO e (st 1 / T4M
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILITY ACTION
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
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following;
1. Debra Davis, (hereafter "Plaintiff"), is an adult
individual residing at 8301 Presidents Drive, Apt. 322, New
Kingston, Pennsylvania, and at all time material and relevant
hereto was the spouse of James Davis.
2. James Davis is an adult individual residing at 8301
Presidents Drive, Apt. 322, New Kingston, Pennsylvania, and at
all times material and relevant hereto was the spouse of
Plaintiff, Debra Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all time
material and relevant hereto maintained an office at 3399 Trindle
Road, Camp Hill, Pennsylvania, and which at all times material
and relevant hereto acted through its agent, servant, workman,
and/or employee, Jason J. Litton, M.D., whose negligence is
imputed to OIP. Plaintiff is asserting a professional liability
claim against this defendant.
4. Defendant, Linda Taft Litton, is, upon information and
belief, the personal representative of the estate of Jason J.
Litton, M.D., (hereafter "Litton"), who died September 5, 2008,
whose address in her capacity as said personal representative is
c/o Stanley A. Smith, Esquire, Rhoades & Sinon, One South Market
Square, P.O. Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., was an adult individual and licensed physician who
at the time of the occurrence on or about November 16, 2006, set
forth more fully herein, purported to specialize in orthopedic
medicine and surgery, maintaining an office at c/o Orthopedic
Institute of Pennsylvania, 3399 Trindle Road, Camp Hill,
Pennsylvania. At all times material and relevant hereto, Litton
was the employee and/or agent and/or ostensible agent and/or
apparent agent of OIP. Plaintiff is asserting a professional
liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Trindle Road in Camp Hill after being
referred by Tracey Wiley, CRNP, for evaluation of her right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her trochanteric
bursa with Lidocaine and 2 cc's of Triamcinolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2008, Plaintiff returned to OIP and
again saw Litton because of recurring symptoms in her right hip.
9. During the November 16, 2008, visit, Litton again
performed an injection on Plaintiff's right hip, however, Litton
failed to use Lidocaine as an analgesic and also failed to use
any sterile or clean technique at the site of the injection,
despite the fact that he was performing an intra-articular
injection.
10. As a direct and proximate result of Litton failure to
use any clean or sterile technique at the site of the injection
on November 16, 2008, Plaintiff developed and suffered a severe
staphylococcus aureus infection in her right trochanteric bursa
which developed into a severe infection.
11. As a directly and proximate result of Litton's failing
to use any sterile technique during his injection of November 16,
2006, Plaintiff suffered a severe infection, loss if income,
great pain and suffering, a surgical procedure and
hospitalization, permanent scarring, weakness, pain and
disability.
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS AND JAMES DAVIS V. ORTHOPEDIC SURGEONS LTD. d b a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON
EXECUTRIX OF THE ESTATE OF JASON J. LITTON M.D.
12. Paragraphs one (1) through eleven (11) are incorporated
by reference as if set forth at length herein.
13. Defendant Litton, at all times material and relevant
hereto, held himself out to the public, and to Plaintiff in
particular, as healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and surgery.
15. Litton, as an agent, employee, servant, and/or workman
of OIP, failed to provide reasonable healthcare under the
circumstances and Litton's acts and/or omissions fell below the
applicable standard of care and his negligence consisted of the
following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(B) Failing to use a sterile technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008; and,
(C) Failing to use alcohol and/or povidone-iodine
(Betadine) on the surface of Plaintiff's skin
prior to the November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November
16, 2008, injection.
16. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of Defendant Litton, which
conduct, acts and/or omissions are imputed to defendant OIP
Plaintiff, suffered the following;
(A) A surgically implanted central line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the introduction
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and medical co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
17. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medical Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - LOSS OF CONSORTIUM
JAMES DAVIS V. ORTHOPEDIC SURGEONS LTD d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON EXECUTRIX OF THE
ESTATE OF JASON J. LITTON M.D.
18. Paragraphs one (1) through seventeen (17) are
incorporated by reference as if set forth at length herein.
19. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
WHEREFORE, Plaintiff, James Davis, respectfully requests
judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and Linda Taft
Litton, Executrix of the Estate of Jason J. Litton, M.D., jointly
and/or severally in an amount in excess of $50,000.
Respectfully submitted,
BY:
kmiseph Lukomski, Esquire
es Hockenberry, Esquire
VERIFICATION
I, JAMES E. HOCKENBERRY, being duly sworn according to law, deposes and
says that he is authorized to make this Verification on behalf of the Plaintiff, and that the facts set
forth in the foregoing Pleading are true and correct to the best of his knowledge, information and
belief.
This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
AMES HOCKENBERRY, ESQUIRE
DATED: October 10, 2008
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06120 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DAVIS DEBRA ET AL
VS
ORTHOPEDIC SURGEONS LTD ET AL
STEVE BENDER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ORTHOPEDIC SURGEONS LTD D/B/A ORTHOPEDIC INSTITUTE OF PENNA the
DEFENDANT , at 0012:30 HOURS, on the 15th day of October , 2008
at 3399 TRINDLE ROAD
CAMP HILL, PA 17011
MALLORY MILLER
by handing to
OFFICE MANAGER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.00
Affidavit .00
Surcharge 10.00
Postage 42
/o/,73w? 42.42
Sworn and Subscibed to
before me this day
So Answers:
0
R. Thomas Kline
10/16/2008
ROBERT ROVNER
By:
z 41Z"Z-,
Deputy Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, ) NO.: 08 - 6120
V. ) Civil Action - Medical
Professional Liability
ORTHOPEDIC SURGEONS, LTD., ) Action
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON, )
Executrix of the Estate
of Jason J. Litton, M.D., )
deceased
Defendants.
CERTIFICATE OF MERIT AS TO JASON J. LITTON M.D. DECEASED
I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry,
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;
OR
? expert testimony of an appropriate licensed
professional is unnecessary for prosecution of the
claim against defendant.
Respectfully submitted,
BY:
J se S. Luko ki, Esquire
I. D. No.: 2853m
James E. Hockenberry, Esquire
I.D. No.: 91133
Attorneys for Plaintiffs
Rovner, Allen, Rovner, et_ al.
175 Bustleton Pike
Feasterville, PA 19053
215-953-2712
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, ) NO.: 08 - 6120
V. ) Civil Action - Medical
Professional Liability
ORTHOPEDIC SURGEONS, LTD., ) Action
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON,
Executrix of the Estate
of Jason J. Litton, M.D.,
deceased
Defendants.
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the
above-captioned matter, hereby certify that I served a true and
correct copy of Plaintiffs' Certificate of Merit as to Jason J.
Litton, M.D.. via first-class, United States mail, postage pre-paid,
on the W day of November, 2008, as follows:
Craig A. Stone, Esquire
Marshall, Dennehey, et a1.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Respectfully submitted,
BY:
19osepp S. Lukomski, Esquire
No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
Attorneys for Plaintiffs
Rovner, Allen, Rovner, et a1.
175 Bustleton Pike
Feasterville, PA 19053
215-953-2712
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, )
V. )
ORTHOPEDIC SURGEONS, LTD., )
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON, )
Executrix of the Estate
of Jason J. Litton, M.D., )
deceased
Defendants.
NO.: 08 - 6120
Civil Action - Medical
Professional Liability
Action
CERTIFICATE OF MERIT AS TO ORTHOPEDIC SURGEONS LTD. d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
I/we, Joseph S. Lukomski, Esquire, and James E. Hockenberry,
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/
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;
OR
? expert testimony of an appropriate licensed
professional is unnecessary for prosecution of the
claim against defendant.
Respectfully submitted,
BY:
Jo eph S. Lukomski, Esquire
I. o.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
Attorneys for Plaintiffs
Rovner, Allen, Rovner, et a1.
175 Bustleton Pike
Feasterville, PA 19053
215-953-2712
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, ) NO.: 08 - 6120
V. ) Civil Action - Medical
Professional Liability
ORTHOPEDIC SURGEONS, LTD., ) Action
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON, )
Executrix of the Estate
of Jason J. Litton, M.D., )
deceased
Defendants.
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire, counsel for Plaintiffs in the
above-captioned matter, hereby certify that I served a true and
correct copy of Plaintiffs' Certificate of Merit as to Orthopedic
Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania via first-
class, United States mail, postage pre-paid, on theta day of
November, 2008, as follows:
Craig A. Stone, Esquire
Marshall, Dennehey, et a1.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Respectfully submitted,
BY:
J sep S. Luko ki, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
Attorneys for Plaintiffs
Rovner, Allen, Rovner, et al.
175 Bustleton Pike
Feasterville, PA 19053
215-953-2712
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CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF :
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
Defendants
PRELIMINARY OBJECTIONS OF DEFENDANTS ORTHOPEDICSURGEONS, LTD.
DB/A ORTHOPEDIC INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON
EXECUTRIX OF THE ESETATE OF JASON J. LITTON M.D. DECEASED
Defendants, by and through their undersigned counsel, Marshall, Dennehey, Warner,
Coleman and Goggin, hereby submit these Preliminary Objections in response to Plaintiffs'
Complaint, and in support thereof state the following:
1. Plaintiffs commenced this medical professional liability action by filing a
Complaint on or about October 13, 2008.
2. Plaintiffs filed Certificates of Merit as to Orthopedic Surgeons, Ltd., d/b/a
Orthopedic Institute of Pennsylvania, and Jason J. Litton, M.D., deceased, on or about November
17, 2008.
A
PRELIMINARY OBJECTION FOR FAILURE TO CONFORM TO RULE OF COURT -
PA. R.C.P. 1028(A)(2)
3. Pa.R.C.P. 1024(c) requires that the Verification accompanying every pleading
"shall be made by one or more of the parties filing the pleading unless all the parties (1) lack
sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the
verification of none of them can be obtained within the time allowed for filing the pleading."
4. The Verification accompanying Plaintiffs' Complaint was executed by Plaintiffs'
counsel, not by Plaintiffs. However, there is no indication or explanation contained in the
Verification, or elsewhere in the Complaint, that Plaintiffs lack sufficient knowledge or
information of the facts contained in the Complaint, or that they reside outside the Court's
jurisdiction and thus their Verification could not be timely obtained. ¶5. Indeed, Plaintiffs allege
in this Complaint at ¶1-2 that they reside in New Kingston, Pennsylvania, obviously within the
jurisdiction of the Commonwealth.
5. Plaintiffs' Complaint therefore fails to comply with Pa.R.C.P. 1024(c).
WHEREFORE, Defendants Orthopedic Surgeons, Ltd. d/b/a Orthopedic Institute of
Pennsylvania and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D., deceased,
respectfully request that this Honorable Court sustain their Preliminary Objection and dismiss
Plaintiffs' Complaint.
2
y Submitted,
1`'1 no IJENPEHEY WARNER
C L &
DATE: December 2008 BY: `
r ig A o e, Esquire
420 ru ? s ill Road, Suite B
Harrisburg, A 17112
(717) 651-3502
castone@mdwcg.com
Attorneys for the Defendants
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this_ I,i?
L?,- day of December, 2008, b
regular mail. by
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, )
V. )
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON, )
Executrix of the Estate
of Jason J. Litton, M.D., )
deceased
Defendants.
NO.: 08 - 6120
Civil Action - Medical
Professional Liability
Act inn
ACCEPTANCE OF SERVICE
I, Stanley E. Smith, Esquire, counsel for Linda '-Litton,
Executrix of the Estate of Jason J. Litton, M.D., hereby accept
service of the Plaintiffs' Complaint in the above-referenced
action as of the day of October, 2008, and certify that I
am authorized to do so.
Stan?mith? Esquire
Counsel for. Linda'_J' Litton,
Executrix of the Estate of
Jason J. Litton, M.D., deceased
l d u a? - ?
rri
tai ,ter
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ROWER, ALLEN, ROWER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
V.
Plaintiffs,
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
LINDA TAFT LITTON, Executrix
of the Estate of JASON J. )
LITTON, M.D.
Defendants.
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
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
PLAINTIFFS' FIRST AMENDED COMPLAINT
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following:
1. Debra Davis, (hereafter "Plaintiff"), is an adult
individual residing at 11.5 North 9th Street, Lemoyne,
Pennsylvania, and at all time material and relevant hereto was
the spouse of James Davis.
2. James Davis is an adult individual residing at 115
North 9th Street, Lemoyne, Pennsylvania, and at. all times
material and relevant hereto was the spouse of Plaintiff, Debra
Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all times
material and relevant hereto maintained an office at 3399 Trindle
Road, Camp Hill, Pennsylvania, and which at all times material
and relevant hereto acted through its agents, servants, workmen,
and/or employees, specifically including the nursing staff and
Jason J. Litton, M.D., deceased, whose negligence is imputed to
OIP. Plaintiff is asserting a professional liability claim
against this defendant.
4. Defendant, Linda Taft Litton, is, upon information and
belief, the personal representative of the estate of Jason J.
Litton, M.D., who died September 5, 2008, and whose address in
her capacity as said personal representative is c/o Stanley A.
Smith, Esquire, Rhoades & Sinon, One South Market Square, P.O.
Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., (hereafter "Litton"), was an adult individual and
licensed physician who at the time of the occurrence on or about
November 16, 2006, set forth more fully herein, purported to
specialize in orthopedic medicine and surgery, maintaining an
office at c/o Orthopedic Institute of Pennsylvania, 3399 Trindle
Road, Camp Hill, Pennsylvania. At all times material and
relevant hereto, Litton was the employee and/or_ agent and/or
ostensible agent and/or apparent agent of OIP. Plaintiff is
asserting a professional liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Trindle Road in Camp Hill after- being
referred to OIP by Tracey Wiley, CRNP, for evaluation of her
right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her trochanter_ic
bursa with L_idocaine and 2 cc's of Triamci.nolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2008, Plaintiff returned to OIP and was
again examined by Litton because of recurring symptoms in her
right hip.
9. During the November 16, 2008, visit, following Litton's
examination of Plaintiff, and after Litton had exited the room, a
nurse entered the examination room and gave an injection into
Plaintiff's right hip.
10. The aforementioned nurse who gave Plaintiff the
injection on November 16, 2008, was, at all times material_ and
relevant hereto, the agent and/or employee of OIP.
11. The aforementioned nurse who gave the injection on
November 16, 2008, failed to use Lidocaine as an analgesic and
also failed to use any sterile or clean technique at the site of
the injection
12. As a direct and proximate result of the nurse's and/or
Litton's failure to use any clean or sterile technique at the
site of the injection on November 16, 2008, Plaintiff developed
and suffered a severe staphylococcus aureus infection in her
right trochanteric bursa which developed into a severe infection.
13. As a direct and proximate result of the nurse's and/or_
Litton's failing to use any sterile technique during his
injection of November 16, 2006, Plaintiff suffered a severe
infection, loss if income, great pain and suffering, a surgical_
procedure and hospitalization, permanent scarring, weakness, pain
and disability.
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS AND JAMES DAVIS V. ORTHOPEDIC SURGEONS, LTD. d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON
EXECUTRIX OF THE ESTATE OF JASON J. LITTON M.D.
14. Paragraphs one (1) through thirteen (13) are
incorporated by reference as if set forth at length herein.
15. Defendant Litton, at all times material and relevant
hereto, held himself out to the public, and to Plaintiff in
particular, as healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and surgery.
16. Defendant, OIP, at all times material and relevant
hereto, held itself out as a healthcare practice which,. through
its professional healthcare workers, possessed special skill
and/or knowledge in the area of orthopaedic medicine and surgery.
17. Litton, as an agent, employee, servant, and/or workman
of OIP, and OIP, through its agent and/or employee nurse who
performed the injection on Plaintiff on November 16, 2008, failed
to provide reasonable healthcare under the circumstances and
Litton's and/or OIP's acts and/or omissions fell below the
applicable standard of care and their negligence consisted of the
following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanter_ic bursa
on November 16, 2008;
(B) Failing to use a sterile technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008; and,
(C) Failing to use alcohol and/or povidone-iodine
(Betadine) on the surface of Plaintiff's skin
prior to the November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November
16, 2008, injection; and,
(E) Permitting a nurse, or other non-physician, to
perform an injection into the Plaintiff's
trochanteric bursa.
18. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of Defendant Litton and/or the
nurse who performed the injection on November 16, 2008, whose
conduct, acts and/or omissions are imputed to defendant 01P, and
OIP itself, Plaintiff suffered the following:
(A) A surgically implanted central line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the introduction
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and med_i_cat co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness result=ing in problems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
19. The aforesaid injuries caused Plaintiff to incur
medical. bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medical Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft L.i.tton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - LOSS OF CONSORTIUM
JAMES DAVIS V. ORTHOPEDIC SURGEONS LTD d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON EXECUTRIX OF THE
ESTATE OF JASON J. LITTON M.D.
20. Paragraphs one (1) through nineteen (19) are
incorporated by reference as if set forth at length herein.
21. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
WHEREFORE, Plaintiff, James Davis, respectfully requests
judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and Linda Taft
Litton, Executrix of the Estate of Jason J. Litton, M.D., jointly
and/or severally in an amount in excess of $50,000.
Respectfully submitted, (:::?
BY:
J seph S. Lukomski, Esquire
ames . Hockenberry, Esquire
V E R I F I C A T I O N
DEBRA DAVIS r;e' ng di ly swor ac.-,- dinc?
depcses and says than !1e/she is the Picaintift her-i.n and
facts set forth in the foregoing pleading are true and correct to
Lli2 best of his/heF?' knowledge, information, and b?l.,.cf . I __FEZ
sv-a?--eme nt. is made subject. to the penalties of 18 PA. - C . S , Se7ct loi-l
49G4 rela` irc? to unsworn falsification to aut?:ori.tJ.es,
r
Dated:
-16- /C?.- --
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ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH
175 SUSTLETON PIKE. FEASTFRVILLE. PA 19053-6456
ROWER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.. 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
LINDA TAFT LITTON, Executrix
of the Estate of JASON J. )
LITTON, M.D.
Defendants.
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire certify that a true and
correct copy of Plaintiff's First Amended Complaint was served
upon all counsel of record via First Class United States Mail on
December 12, 2008 at the following addresses:
Craig A. Stone, Esquire
Marshall, Dennehey, et a1.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
ROWER, ALLEN, ROWER,
ZIMMERMAN & NASH
AMES E. HOCKENBERRY, ESQUIRE
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CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w :
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
Defendants
PRELIMINARY OBJECTIONS OF DEFENDANTS ORTHOPEDIC SURGEONS. LTD.
DB/A ORTHOPEDIC INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON.
EXECUTRIX OF THE ESTATE OF JASON J. LITTON, M.D., IN RESPONSE TO
PLAINTIFFS' FIRST AMENDED COMPLAINT
Defendants Orthopedic Surgeons, Ltd. d/b/a Orthopedic Institute of Pennsylvania ("OIP")
and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, MD ("Litton"), by and through
their undersigned counsel, Marshall, Dennehey, Warner, Coleman and Goggin, hereby submit
these Preliminary Objections in response to Plaintiffs' First Amended Complaint, and in support
thereof state the following:
2
1. Plaintiffs commenced this medical professional liability action by filing a Complaint
on or about October 13, 2008.
2. Plaintiffs filed Certificates of Merit as to Orthopedic Surgeons, Ltd., d/b/a Orthopedic
Institute of Pennsylvania, and Jason J. Litton, M.D., deceased, on or about November 17, 2008.
3. Defendants filed Preliminary Objections to Plaintiffs Complaint on December 4,
2008.
4. Plaintiffs filed their First Amended Complaint on or about December 12, 2008.
Accordingly, these Preliminary Objections are timely.
PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P. 1028(A)(2) AND (3) AS TO
COUNTS I AND II OF PLAINTIFFS' FIRST AMENDED COMPLAINT
5. Pa. R.C.P. 1028(a)(2) permits a party to file Preliminary Objections where a pleading
fails to conform to law or rule of court. Also, Pa. R.C.P. 1028(a)(3) permits a party to file
Preliminary Objections where there is insufficient specificity in a party's pleading.
6. A party is instructed to file Preliminary Objections in the nature of lack of specificity
of pleading in order to avoid an attempt by a Plaintiff to assert new or previously undisclosed
theories after the running of the applicable statute or limitations or at trial. See Connor v.
Allegheny General Hospital, 461 A.2d 600 (Pa. 1983).
7. Pa. R.C.P. 1019 (a) provides that the "material facts on which a cause of action or
defense is based shall be stated in a concise and summary form."
8. Further, Pa. R.C.P. 1020(a) requires that "each cause of action and any special
damage related thereto shall be stated in a separate count containing a demand for relief."
9. Count I of the First Amended Complaint purports to set forth a cause of action for
professional negligence against OIP, through an employee nurse, and Litton. Similarly, Count Il
3
of the First Amended Complaint purports to set forth a cause of action for loss of consortium
against OIP, through an employee nurse, and Litton.
10. To the extent Plaintiffs have separate causes of action against OIP, through an
employee nurse, and Litton, Plaintiffs must articulate these causes by setting forth separate
counts in their Complaint with specific allegations pertaining separately to OIP and Litton.
11. Plaintiffs' general allegations as to both OIP, through an employee nurse, and Litton
at Counts I and II fail to meet the pleading requirements of Pa. R.C.P. 1020(a).
WHEREFORE, Defendants Orthopedic Surgeons, Ltd. d/b/a Orthopedic Institute of
Pennsylvania and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D., deceased,
respectfully request that this Honorable Court sustain their Preliminary Objection and dismiss
Plaintiffs' First Amended Complaint.
PRELIMINARY OBJECTION PURSUANT TO PA RCP 1028(A)(2) AND (3) AS TO
PARAGRAPHS 9 -13 AND 17 OF PLAINTIFFS' FIRST AMENDED COMPLAINT
12. Plaintiffs allege in their First Amended Complaint that "During the November 16,
2008 [sic] visit, following Litton's examination of Plaintiff, and after Litton had exited the room,
a nurse entered the examination room and gave an injection into Plaintiffs right hip." See
Plaintiffs' First Amended Complaint, T9 (emphasis supplied).
13. Plaintiffs also allege that the "aforementioned nurse who gave Plaintiff the injection
on November 16, 2008 [sic] was, at all times material and relevant hereto, the agent and/ or
employee of OIP." See id., T10 (emphasis supplied).
14. Paragraphs 11 - 13 similarly make reference to this unidentified "aforementioned
nurse."
4
15. Plaintiffs further allege in part that "OIP, through its agent and/ or employee nurse
who performed the injection on Plaintiff on November 16, 2008 [sic] failed to provide
reasonable healthcare under the circumstances..." See id., ¶17 (emphasis supplied).
16. It is well established that a plaintiff is required to identify specifically any agents,
servants and/ or employees of the defendant upon whose actions the alleged liability is based.
Alumni Ass'n v. Sullivan, 539 A. 2d 1092 (Pa. Super. 1987).
17. In failing to identify specifically the "agent and/ or employee nurse" for whose
conduct Plaintiffs seek to hold Defendant OIP responsible, Plaintiffs have failed to comply with
Pa. R.C.P. 1019(a).
WHEREFORE, Defendants Orthopedic Surgeons, Ltd. d/b/a Orthopedic Institute of
Pennsylvania and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D., deceased,
respectfully request that this Honorable Court sustain their Preliminary Objection and strike
Paragraphs 9-13 and 17 Plaintiffs' First Amended Complaint.
PRELIMINARY OBJECTION PURSUANT TO PA RCP 1028(A)(2) AND (3) AS TO
PARAGRAPHS 12,13 AND 18 OF PLAINTIFFS' FIRST AMENDED COMPLAINT
18. At ¶¶12 and 13 of their First Amended Complaint, Plaintiffs complain of "the nurse's
and/ or Litton's failure to use any clean or sterile technique during his injection of November 16,
2006..." (emphasis supplied).
19. Similarly, at ¶18, Plaintiffs complain of the "aforementioned conduct, acts, and/ or
omissions of Defendant Litton and/ or the nurse who performed the injection on November 16,
2008 [sic]..."
20. To the extent Plaintiffs are attempting to allege separate causes of action for
negligence on the part of Litton and the unidentified nurse, Plaintiffs must articulate these causes
5
by setting forth separate counts in their Complaint with specific allegations pertaining separately
to Litton and the unidentified nurse, once the nurse is specifically identified.
21. Plaintiffs' non-specific allegations as to both Litton and the unidentified nurse at 1112,
13 and 18 fail to meet the pleading requirements of Pa. R.C.P. 1020(a).
22. WHEREFORE, Defendants Orthopedic Surgeons, Ltd. d/b/a Orthopedic Institute
of Pennsylvania and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D.,
deceased, respectfully request that this Honorable Court sustain their Preliminary Objection
strike T¶12, 13 and 18 of Plaintiffs' First Amended Complaint.
Respectfully Submitted,
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
DATE: January 2 , 2009 BY: 40 , z Z?
----All - 1?/
Craig A. Sto e, Esquire
4200 Crums ill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
castone@mdwcg.com
Attorneys for the Defendants
6
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this =
---Zday of January, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
4
Craig A. St ne, Esquire
7
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ROWER, ALLEN, ROVNER, ZIMMERMAN
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
& NASH
Attorney for Plaintiffs
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
)
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
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
PLAINTIFFS' SECOND AMENDED COMPLAINT
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following:
1. Debra Davis, (hereafter `Plaintiff"), is an adult
individual residing at 115 North 9th Street, Lemoyne,
Pennsylvania, and at all time material and relevant hereto was
the spouse of James Davis.
2. James Davis is an adult individual residing at 11.5
North 9th Street, Lemoyne, Pennsylvania, and at all times
material and relevant hereto was the spouse of Plaintiff, Debra
Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all times
material and relevant hereto maintained an office at 3399 `Vri.ndl.e
Road, Camp Hill, Pennsylvania, and which at all times material
and relevant hereto acted through its agents, servants, workmen,
and/or employees, specifically including the nurse who performed
the injection on Plaintiff on November 16, 2008, and Jason J.
Litton, M.D., deceased, whose negligence is imputed to 0111.
Plaintiff is asserting a professional liability claim against
this defendant.
4. Defendant, Linda Taft Litton, is, upon information and
belief, the personal representative of the estate of Jason J.
Litton, M.D., who died September 5, 2008, and whose address in
her capacity as said personal representative is c/o Stanley A.
Smith, Esquire, Rhoades & Sinon, One South Market Square, 11.0.
Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., (hereafter "Litton"), was an adult =indivi.dual_ and
licensed physician who at the time of the occurrence on or about
November 16, 2006, set forth more fully herein, purported to
specialize in orthopedic medicine and surgery, maintaining an
office at c/o Orthopedic Institute of Pennsylvania, 3399 T.rindle
Road, Camp Hill, Pennsylvania. At all times material. and
relevant hereto, Litton was the employee and/or agent and/or
ostensible agent and/or apparent agent of OIP. Plaintiff is
asserting a professional liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Tri.ndle Road in Camp Hill after being
referred to OIP by Tracey Wiley, CRNP, for evaluation of her
right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her tr.ochanteric
bursa with Lidocaine and 2 cc's of Triamci.nolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2006, Plaintiff returned to OIP and was
again examined by Litton because of recurring symptoms in her
right hip.
9. During the November 16, 2006, visit, following IA ttorl' s
examination of Plaintiff, and after Litton had exited the room, a
nurse, whose name is known only to the Defendants herein, entered
the examination room and gave an injection into Plaintiff's right
hip.
10. The aforementioned nurse who gave Plaintiff the
injection on November 16, 2006, was, at all times material arid
relevant hereto, the agent and/or employee and/or servant of 0111
and was acting in the course and scope of her employment with
OIP.
11. The aforementioned nurse who gave the-_injecti_ori on
November 16, 2006, failed to use Li.docaine as an analgesic: and
also failed to use any sterile or clean technique at the s:i_te of
the injection
12. As a direct and proximate result of the nurse's failure
to use any clean or sterile technique at the site of the
injection on November 16, 2008, Plaintiff developed and suffered
a severe staphylococcus aureus infection in her right
trochanteric bursa which developed into a severe infection.
13. As a direct and proximate result of Litton's failure to
(I) properly supervise the aforementioned nurse; (II) ensure the
aforementioned nurse use clean and/or sterile technique; and/or
(III) not permit the aforementioned nurse from performing the
November 16, 2008, injection, Plaintiff developed and
suffered a severe staphylococcus aureus infection in her right:
trochanteric bursa.
14. As a direct and proximate result of the nurse's failing
to use any sterile and/or clean technique at the time of the
Plaintiff's :injection of November 16, 2006, Plaintiff suffered a
severe infection, loss if income, great pain arid sufferinq, a
surgical procedure and hospitalization, permanent scarring,
weakness, pain and disability.
15. As a direct and proximate result of Litton's failure to
(I) properly supervise the aforementioned nurse; (IT) ensure the
aforementioned nurse give a clean and/or sterile technique;
and/or (III) not permit the aforementioned nurse from performing
the November 16, 2006, injection, Plaintiff suffered a severe
infection, loss if income, great pain and suffering, a surgical
procedure and hospitalization, permanent scarring, weakness, pain
and disability
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS V. LINDA_TAFT LITTON, EXECUTRIX OF THE ESTATE OF
JASON J. LITTON, M.D. AND ORTHOPEDIC SURGEONS LTD d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
16. Paragraphs one (1) through fifteen (15) are
incorporated by reference as if set forth at Length herei_ri.
17. Defendant Litton, at all times material_ and relevant
hereto, held himself out to the public, and to Plaintiff in
particular, as a healthcare provider who possessed special sk-11-1
and knowledge in the area of orthopedic medicine and surgery.
18. Defendant, OIP, at all times material and relevant
hereto, held itself out as a healthcare practice which, through
its professional healthcare workers, possessed special skill
and/or knowledge in the area of orthopaedic medicine and surgery.
19. Litton, as an agent, employee, servant, and/or workman
of OIP, failed to provide reasonable healthcare under the
circumstances and Litton's acts and/or omissions fell_ below the
applicable standard of care and his negligence, which is imputed
to OIP, consisted of the following:
(A) Failing to perform and/or failing to ensure that a
clean technique was used at the site of the
injection into plaintiff's trochanteri_c bursa on
November 16, 2008;
(B) Failing to perform and/or failing to ensure that a
sterile technique was used at the site of the
injection into Plaintiff's trochanteric bursa on
November 16, 2008;
(C) Failing to use and/for filing to ensure that
a.l.cohol and/or povi.done-iodine (Betadine) was used
on the surface of Plaintiff's skin prior to the
November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November
16, 2008, injection; and,
(E) Permitting a nurse, or other non-physician, to
perform an injection into the Plaintiff's
trochanter.ic bursa.
20. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of Defendant Litton whose
conduct, acts and/or omissions are imputed to defendant OJP,
Plaintiff suffered the following:
(A) A surgically implanted central line -in her body
for long-term IV antibiotic therapy at, home;
(B) A severe infection resulting from the irntroductiorn
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any col-lateral.
source, including, medical bills and med:i_ca.]. co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; arid,
(J) Fear of seeking medical treatment.
21. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Med-icaa_ Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS V. ORTHOPEDIC SURGEONS, LTD., d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA
22. Paragraphs one (1) through twenty-one (21.) are
incorporated by reference as if set forth at length herein
23. Defendant, OIP, at all. times material and relevant
hereto, held itself out as a healthcare practice which, through
its professional healthcare workers, possessed speciaL skill
and/or knowledge in the area of orthopaedic medicine and surgery.
24. The nurse who performed the injection on November
16, 2006, and who was at all times material and relevant hereto,
an agent, employee, servant, and/or workman of 01P, failed to
provide reasonable healthcare under the circumstances and said
nurse's acts and/or omissions fell below the applicable standard
of care and her negligence, which is imputed to OIP, consist=ed of
the following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(B) Failing to use a sterile technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(C) Failing to use alcohol and/or povidone-iodine
(Betadine) on the surface of Plaintiff's skin
prior to the November 16, 2008, injection;
(D) Performing, as a non-physician, an injection :i.rnto
the Plaintiff's trochanteric bursa.
25. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of OIP's agent and/or employee
and/or servant, the aforementioned nurse, whose conduct, acts
and/or omissions are imputed to defendant OIP, Plaintiff suffered
the following:
(A) A surgically implanted central line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the :int.r.oduct_i_on
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any col__atera.l
source, including, medical bills and medical co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
26. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medica:] Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter -judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT III - LOSS OF CONSORTIUM
JAMES DAVIS V. LINDA TAFT LITTON EXECUTRIX OF THE ESTATE OF
JASON J. LITTON, M.D. AND ORTHOPEDIC SURGEONS, LTD., d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
27. Paragraphs one (1) through twenty-six (26) are
incorporated by reference as if set forth at length here-i_n.
28. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, because of the negligence of
Litton, which negligence is imputed to OIP, plaintiff, James
Davis has suffered, and will continue to suffer, the loss of the
services, support, and consortium of his spouse, Plaintiff, Debra
Davis.
WHEREFORE, Plaintiff, James Davis, respectf_u ly requests
judgment in his favor and against Defendants Orthopedic Surgeoris,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and Linda '.Taft
Litton, Executrix of the Estate of Jason J. Litton, M.D., jo.i.rrtl.y
and/or severally in an amount in excess of $50,000.
COUNT IV - LOSS OF CONSORTIUM
JAMES DAVIS V. ORTHOPEDIC SURGEONS, LTD., d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA
29. Paragraphs one (1) through twenty-eight (28) are
incorporated by reference as if set forth at length herein
30. As a direct and proximate result of the aforementioned,
injuries suffered by Plaintiff, Debra Davis, as a result of tPie
negligence of the aforementioned nurse who performed the
injection on November 16, 2008, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
Respectfully submitted,
BY:
Jo eph S. Lukomski, Esquire
Ja es Hockenberry, Fsqui_re
VERIFICATION
I, JAMES E. HOCKENBERRY, ESQUIRE, being duly sworn according to law,
deposes and says that he is authorized to make this Verification on behalf of the Defendants, and
that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge,
information and belief.
This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to
unsworn falsification to authorities.
r
E <.
DATED: I Zo oy
a:
JAM E OCKENBERRY, ESQUIRE
n r"
l J r 71
? crt
u>
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
Plaintiffs
No: 2008-06120-P
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S
SECOND AMENDED COMPLAINT
AND NOW come the Defendants, Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute
of Pennsylvania (hereinafter referred to as "OIP") and Linda Taft Litton, Executrix of the Estate
of Jason J. Litton, M.D. (hereinafter referred to as "Dr. Litton"), sometimes referred to as
"Answering Defendants" by their attorneys Marshall, Dennehey, Warner, Coleman & Goggin
who answer Plaintiffs Second Amended Complaint, with New Matter, as follows:
1. Denied as stated. Rather, according to Defendants' records, Mrs. Davis' address was
PO Box 503, New Kingston, Pennsylvania 17072.
2. Denied as stated. Rather, according to Defendants' records, Mr. Davis' address was
PO Box 503, New Kingston, Pennsylvania 17072.
3. Denied as stated. Rather, it is averred that OIP is a professional corporation. At all
times material hereto, Dr. Litton was an agent of the professional corporation. After reasonable
investigation, Answering Defendants are without information or knowledge sufficient to form a
belief as to the identity of the unnamed agents, servants, workmen, employees, specifically
including an unidentified nurse, to whom reference is made in the corresponding paragraph of
Plaintiffs Second Amended Complaint. The agency and negligence of such individual(s) is
denied and strict proof, if relevant, is demanded at the time of trial. It is specifically denied that
any care was rendered to Plaintiff by any agent of OIP on November 16, 2008. The balance of
the averments of the corresponding paragraph of Plaintiffs Second Amended Complaint are
conclusions of law to which no answer is required. If an answer is deemed required, the same
are denied pursuant to Pa. R.C.P. 1029(e).
4. Admitted.
5. Denied as stated. It is admitted that Jason J. Litton, M.D. practiced in the specialty of
orthopedic surgery at all times material to Plaintiffs Second Amended Complaint. It is admitted
that Dr. Litton practiced at 3399 Trindle Road, Camp Hill, Pennsylvania and that he was an
agent of OIP. The remaining averments to the corresponding paragraph of Plaintiffs' Second
Amended Complaint are conclusions of law to which no answer is required. If an answer is
deemed required, the same are denied pursuant to Pa. R.C.P. 1029(e).
6. Admitted, according to Defendants' records.
7. Denied as stated. By way of further answer, Dr. Litton's progress note of October 12,
2006 is incorporated by reference as though fully set forth.
8. Denied as stated. By way of further answer, Dr. Litton's progress note of November
16, 2006 is incorporated by reference as though fully set forth.
2
9. Denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, Defendant's
progress note of November 16, 2006 is incorporated by reference.
10. Denied for reasons set forth in paragraphs 3 and 9.
11. Denied for reasons set forth in paragraph 9.
12. The averments of the corresponding paragraph of Plaintiffs Second Amended
Complaint contain conclusions of law to which no answer is required. If an answer is deemed
required, the same are denied for reasons set forth in paragraph 9. It is specifically denied that
any care was rendered to Plaintiff by any agent of OIP on November 16, 2008.
13. Denied for reasons set forth in paragraph 12. It is specifically denied that any care
was rendered to Plaintiff by any agent of OIP on November 16, 2008.
14. Denied for reasons set forth in paragraph 12. After reasonable investigation,
Answering Defendants are without information or knowledge sufficient to form a belief as to the
truth of the allegations of damages in the corresponding paragraph of Plaintiffs Second
Amended Complaint, the same are therefore denied and strict proof, if relevant, is demanded at
the time of trial.
15. Denied for reasons set forth in paragraph 14.
Count I - Professional Negligence
Debra Davis v. Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D. and
Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
16. The averments of paragraphs 1 through 15 of this Answer with New Matter are
incorporated by reference as though fully set forth.
17. Denied for reasons set forth in paragraph 5.
18. Denied for reasons set forth in paragraph 3.
19. Denied for reasons set forth in paragraphs 5 and 9. By way of further answer, at all
times material to Plaintiffs' Complaint, Dr. Litton met the applicable medical legal standard of
care. It is specifically denied that any care was rendered to Plaintiff by any agent of OIP on
November 16, 2008.
20. After reasonable investigation, Answering Defendants are without information or
knowledge sufficient to form a belief as to the truth of the averments of damages contained in the
corresponding paragraph of Plaintiffs Second Amended Complaint. The same are denied and
strict proof, if relevant, is demanded at the time of trial. If an answer is deemed required, the
averments are denied for reasons set forth in paragraphs 5 and 9.
21. Denied for reasons set forth in paragraph 20.
WHEREFORE, Defendants demand that Plaintiff s Second Amended Complaint be
dismissed with costs to them.
Count II - Professional Negligence
Debra Davis v Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
22. The averments of paragraphs 1 through 21 of this Answer with New Matter are
incorporated by reference as though fully set forth.
23. Denied as stated and pursuant to Pa. R.C.P. 1029(e). By way of further, OIP does not
practice medicine.
24. Denied for reasons set forth in paragraphs 3 and 9. By way of further answer, it is
averred that all agents of OIP acted within the applicable medical legal standard of care in
providing the care and treatment to Mrs. Davis. It is specifically denied that any care was
rendered to Plaintiff by any agent of OIP on November 16, 2008.
25. Denied for reasons set forth in paragraph 19.
26. Denied for reasons set forth in paragraph 21.
4
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count IV - Loss of Consortium
James Davis v Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D. and
Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
27. The averments of paragraphs 1 through 26 of this Answer with New Matter are
incorporated by reference as though fully set forth.
28. Denied for reasons set forth in paragraph 20.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count III - Loss of Consortium
James Davis v Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
29. The averments of paragraphs 1 through 28 of this Answer with New Matter are
incorporated by reference as though fully set forth.
30. Denied for reasons set forth in paragraph 20. It is specifically denied that any care
was rendered to Plaintiff by any agent of OIP on November 16, 2008.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
NEW MATTER
31. Answering Defendants hereby incorporate all averments of this Answer with New
Matter as if fully set forth.
32. Plaintiffs Amended Complaint fails to state a claim upon which relief can be granted
against Answering Defendants.
33. At all time relevant hereto, Answering Defendants and their agents complied with the
applicable standard of care.
5
34. At all times relevant hereto Answering Defendants acted within and followed the
precepts of a respected school of thought and, accordingly, all professional conduct was fully
commensurate with the applicable standard of care. Evidence at trial may establish two or more
schools of thought applicable to the issues presented in this case.
35. Answering Defendants believe and therefore aver that evidence accumulated through
discovery and provided at trial may establish Plaintiff was contributorily or comparatively
negligent, and in order to protect the record, Answering Defendant hereby pleads contributory or
comparative negligence as an affirmative defense.
36. Answering Defendants are entitled to relief and contribution in accordance with the
Pennsylvania Comparative Negligence Act, 42 P.S. § 7102 as amended by Senate Bill 1089,
effective August 14, 2002.
37. Any acts or omissions of Answering Defendants alleged to constitute negligence were
not substantial causes, factual causes, or factors contributing to the injuries and damages alleged
in Plaintiffs Complaint.
38. Plaintiffs claims against Answering Defendants are barred by operation of the
applicable statute of limitations, including 42 Pa. C.S.A. § 5524 and 40 P.S. § 1301.605.
39. All claims that might have been asserted by Plaintiff including claims for medical
expenses are barred by operation of the applicable statute of limitations.
40. Plaintiffs claims are limited and barred by Section 103, 602 and 606 of the Health
Care Services Malpractice Act of 1974, 40 P.S. § 1301, et M., as amended.
41. Plaintiffs claims are limited and barred by the provisions of the Medical Care
Availability and Reduction of Errors (MCARE) Act, 40 P. S. § 1303.101, et seq.
42. Pa. R.C.P. 238 is unconstitutional on its face and as may be applied in this case.
6
43. Answering Defendants are entitled to and incorporates herein by reference the
defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660.
44. Plaintiff s claims, the existence of which is specifically denied by Answering
Defendants, may be reduced and/or limited by any collateral source of compensation and/or
benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer
Chester Medical Center.
45. Answering Defendants are entitled to and asserts all defenses available to it under the
Fair Share Act, 42 Pa. C.S. § 7102 B.
46. Plaintiffs claims against the "nurse" first identified in an Amended Complaint filed
after the statute of limitations ran, or arising from her conduct, are barred by the applicable
statute of limitations including 42 Pa. C.S.A. §5524 and 40 P.S. §1301.605.
WHEREFORE, Answering Defendants demand judgment in their favor and against all
other parties, including interest, costs and fees, and other relief deemed appropriate by this Court.
ARNER
DATE: February a 2009 BY:
Craig A 641, r?quire
4200 Crums i )load, Suite B
Harrisburg, PA 7112
(717) 651-3502
castone@mdwcg.com
Attorneys for the Defendants
7
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
()served upon the following known counsel of record this _?- day of February, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
OS/465725M
VERIFICATION
Linda T. Litton, M.D., executrix, hereby states that she is authorized to make this
Verification on her own behalf, and verifies that the statements made in the foregoing Answer with
New Matter to Plaintiffs' Second Amended Complaint are true and correct to the best of her
knowledge, information and belief.
The undersigned understands that the statements herein made are subject to the penalties of
18 PA. C.S. §4904 relating to the unsworn falsification to authorities.
LINDA T. LITTON, D.
Dated: (3 ZZO
05/465731.x1
.FEB-E!3-2009 08:44 From:
To:717 651 9630 P.2/2
Ange 14anmer, RN, hereby states that she is authorized to make this Verification on behalf
of Orthopedic Institute of Pennsylvania, and verifies that the statements made in the foregoing
Answer with New Matter to Plaintiffs' Second Amended Complaint are true and correct to the but
of her knowledge, information and belief,
The undersigned understands that the statements herein made are subject to the penalties of
18 PA. C.S. §4904 relating to the unsworn falsification to authorities.
"ANGrHANMER,
Dated: 2 21' 0
k
?3
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
NO.: 08 - 6120
Civil Action - Medical
Professional Liability
Action
and
LINDA TAFT LITTON,
Executrix of the Estate
of Jason J. Litton, M.D.,
deceased
Defendants.
PLAINTIFFS' RESPONSE TO DEFENDANTS' NEW MATTER
Plaintiffs, James and Debra Davis, h/w, by and through their
undersigned counsel, hereby files this Response to Defendant's
New Matter and avers the following in support thereof:
31-46. Denied. These averments are generally denied
pursuant to'Pa.R.C.P. 1029(e). In addition, said averments are
conclusions of law to which no response is required.
Respectfully submitted,
BY:
osep S. Lukomski, Esquire
me E. Hockenberry, Esquire
Counsel for Plaintiffs
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
NO.: 08 - 6120
Civil Action - Medical
Professional Liability
Action
and
LINDA TAFT LITTON,
Executrix of the Estate
of Jason J. Litton, M.D.,
deceased
Defendants.
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire, counsel for Plaintiffs in
the above-captioned matter, hereby certify that I served a true
and correct copy of Plaintiffs' Response to Defendants' New
Matter via first-class, United States mail, postage pre-paid on
the 5' day of March, 2009, as follows:
Craig A. Stone, Esquire
Marshall, Dennehey, et al.
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Respectfully submitted,
BY:
Lmose) S. Lukomski, Esquire
E. Hockenberry, Esquire
Counsel for Plaintiffs
N
J ?
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t
:. ? mot (T'
' ?
!
/ _Y ?lvyJ
l' -)
.? , rp;
cr%
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crams Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, addressed to the attached provider Defendants certify that:
(1) a notice of intent to serve the subpoenas with copies of the subpoenas attached
thereto was mailed to each party providing notice that the records were going to
be obtained;
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to
this certificate,
(3) Counsel for the plaintiff has agreed to waive the twenty day notice as evidenced
by the attached letter, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By: S ?Q, t'-4r .S?n.-
Vr i
g g A. Stone, re
Sup. Ct. I.D. #15907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Dated: G . 0?3 0 Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
ORTHOPEDIC SURGEONS, LTD., CIVIL ACTION - MEDICAL
d/b/a ORTHOPEDIC INSTITUTE OF PROFESSIONAL LIABILTY ACTION
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
WANT TO PA RCP RULE 4009.21 ANT)as V VD 14A LT
Defendant(s), intend(s) to serve a subpoena identical to the one that is attached to this
notice. For the purpose of obtaining records on the plaintiff. 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 subpoenas. If no objection is made, the subpoenas may be served.
DENNEHEY, WARNER
.NOGGIN
By:
Dated: '-5- , /z D
W-
0-1
Sup. Ct. I.D. #15907
4200 Crums Mill Road, Suite 13
Harrisburg, PA 17112
(717) 651-350
Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
: IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
No: 2008-06120-P
ORTHOPEDIC SURGEONS, LTD., CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Holy Spirit H
N. 21 sc
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or thing:
The entire medical file, including but not limited to: any and all medical records, office notes,
reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence,
memoranda, facsimile documents, medical bills or other materials contained in the patient file
for treatment rendered to: DEBRA DAVIS, DOB: 08/20/55; SSN: 191-46-0871
at: Attention: Angela Lentz Paralegal at Marshall Dennehe Warner Coleman & Go in 4200 Crums Mill
Road. Ste. B. Harrisburla, PA 17112
(Address)
You may deliver or mail legible copies of the documents or produce things requested Ely 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: Crai A. Stone, Es uire
Address: Marshall, Dennehe , Warner, Coleman & Go
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Telephone: 717) 651-3500
)reme Ct ID#: 15907
Attorney For: Defendants
DATE:
BY THE COURT:
Seal of the Court (Prothonotary/Clerk, Civil Division)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this `M
day of May, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
Angela M. Lentz, Paralegal
05/493623.v1
;?F
z ,79 ,,
c:?, uCd,y G'-F ?t'f j: ?''
?'?f ii
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
Plaintiffs
No: 2008-06120-P
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, addressed to the attached provider Defendants certify that:
(1) a notice of intent to serve the subpoenas with copies of the subpoenas attached
thereto was mailed to each party providing notice that the records were going to
be obtained;
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to
this certificate,
(3) Counsel for the plaintiff has agreed to waive the twenty day notice as evidenced
by the attached letter, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By: S Z' ?•
Craig A. Stone, E ire
Sup. Ct. I.D. #15907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Dated: & -?23 _0 / Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w :
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA)
Defendant(s), intend(s) to serve a subpoena identical to the one that is attached to this
notice. For the purpose of obtaining records on the plaintiff. 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 subpoenas. If no objection is made, the subpoenas may be served.
MARSHALL, DENNEHEY, WARNER
COJgM?N & GOGGIN
By: ( (.
Sup. Ct. I.D`W5907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Dated: Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or thing:
The entire medical file, including but not limited to: any and all medical records, office notes,
reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence,
memoranda, facsimile documents, medical bills or other materials contained in the patient file
for treatment rendered to: DEBRA DAVIS, DOB: 08/20/55; SSN: 191-46-0871
at: Attention: Angela Lentz Paralegal at Marshall Dennehev Warner Coleman & Goggin 4200 Crums Mill
Road. Ste. B. Harrisburg, PA 17112
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right to
seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Craig A. Stone, Esquire
Address: Marshall, Dennehe , Warner, Coleman & Go n
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Telephone: 717 651-3500
Su reme Ct ID#: 15907
Attorney For: Defendants
BY THE COURT:
DATE:
Seal of the Court (Prothonotary/Clerk, Civil Division)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this day of May, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
Angela M. Lentz, Paralegal
05/493623.vl
1-14
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w : IN THE COURT OF COMMON PLEAS
Plaintiffs
FOR CUMBERLAND COUNTY, PA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, addressed to the attached provider Defendants certify that:
(1) a notice of intent to serve the subpoenas with copies of the subpoenas attached
thereto was mailed to each party providing notice that the records were going to
be obtained;
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to
this certificate,
(3) Counsel for the plaintiff has agreed to waive the twenty day notice as evidenced
by the attached letter, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By: 16/(21-42
Craig A. Stone, uire
Sup. Ct. I.D. #15907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Dated: 6, .23-0 Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
No: 2008-06120-P
ORTHOPEDIC SURGEONS, LTD., CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
Defendant(s), intend(s) to serve a subpoena identical to the one that is attached to this
notice. For the purpose of obtaining records on the plaintiff. 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 subpoenas. If no objection is made, the subpoenas may be served.
DENNEHEY, WARNER
By: \ t
Dated J r * D
. mss ?. WI1C, >? Ulre
Sup. Ct. I.D. 7
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
: IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
No: 2008-06120-P
ORTHOPEDIC SURGEONS, LTD., CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO:
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or thing:
The entire medical file, including but not limited to: any and all medical records, office notes,
reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence,
memoranda, facsimile documents, medical bills or other materials contained in the patient file
for treatment rendered to: DEBRA DAVIS, DOB: 08/20/55; SSN: 191-46-0871
at: Attention: Aneela Lentz Pari
Road. Ste. B. Harrisburg PA 17112
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right to
seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Craig A. Stone, Esquire
Address: Marshall, Dennehe , Warner, Coleman &
4200 Crums Mill Road, Suite B
Harrisbur , PA 17112
1 hone: (717) 651-3500
: Ct ID#: 15907
ney For: Defendants
DATE:
BY THE COURT:
Seal of the Court (Prothonotary/Clerk, Civil Division)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this lh
day of May, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
0-
A ngela M. Lentz, Paralegal
05/493623.x(
'1ThPV
Hog llui 24 ; I: "
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, addressed to the attached provider Defendants certify that:
(1) a notice of intent to serve the subpoenas with copies of the subpoenas attached
thereto was mailed to each party providing notice that the records were going to
be obtained;
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to
this certificate,
(3) Counsel for the plaintiff has agreed to waive the twenty day notice as evidenced
by the attached letter, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
Dated
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By:
_
0.
Craig A. ton Esquire
Sup. Ct. I.D. #15907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
`p 'Z 3'-O?j Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SE IPAA
Defendant(s), intend(s) to serve a subpoena identical to the one that is attached to this
notice. For the purpose of obtaining records on the plaintiff. 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 subpoenas. If no objection is made, the subpoenas may be served.
MARS , DENNEHEY, WARNER
CO LEM4A r:(;nv
By: L (lj--
Sup. Ct. 1. D. #15907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Dated: 5-/q-09 Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
V.
No: 2008-06120-P
CIVIL ACTION - OFESSIONAL MEDICAL ACTION
ORTHOPEDIC SURGEONS, LTD., PR
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
JURY TRIAL DEMANDED
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: OIP PHYSICAL THERAPY 450 POWERS AVENUE LOWER LEVEL,
HARRISBURG PA 17101
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or thing:
The entire medical file, including but not limited to: any and all medical records, office notes,
reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence,
memoranda, facsimile documents, medical bills or other materials contained in the patient file
for treatment rendered to: DEBRA DAVIS, DOB: 08/20/55; SSN: 191-46-0871
at: Attention: Angela Lentz Par ale al at Marshall Dennehe Warner Coleman & Coggin, 4200 Crums Mill
Road, Ste. B. Harrisburg PA 17112
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right to
seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Craig A. Stone, Esquire
Address: Marshall, Dennehe , Warner, Coleman
& Go n
.
4200 Crums Mill Road, Suite B
Ham'sbur , PA 17112
Tel hone: 717) 651-3500
Su reme Ct ID#:
Attorne For: 15907
Defendants
DATE:
BY THE COURT:
Seal of the Court (Prothonotary/Clerk, Civil Division)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this /qM7 day of May, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
Angela M. Lentz, Paralegal
05/493623.v1
Ci
'L?r,;
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
PREREQUISITE TO SERVICE OF
A SUBPOENA PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, addressed to the attached provider Defendants certify that:
(1) a notice of intent to serve the subpoenas with copies of the subpoenas attached
thereto was mailed to each party providing notice that the records were going to
be obtained;
(2) a copy of the notice of intent, including the proposed subpoenas, is attached to
this certificate,
(3) Counsel for the plaintiff has agreed to waive the twenty day notice as evidenced
by the attached letter, and
(4) the subpoenas which will be served are identical to the subpoenas which are
attached to the notice of intent to serve the subpoenas.
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By: S rrt,' 0
Craig A. Stone(E)quire
Sup. Ct. 1. D. #15907
4200 Crums Mill Road, Suite; B
Harrisburg, PA 17112
(717) 651-350
Dated: _ 2 3`? Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY
PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEO (HIPAA)
Defendant(s), intend(s) to serve a subpoena identical to the one that is attached to this
notice. For the purpose of obtaining records on the plaintiff. 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 subpoenas. If no objection is made, the subpoenas may be served.
MARS L, DENNEHEY, WARNER
CO A & GOGGIN
By:
Dated: Craig Stone, squire
Sup. Ct. I. 907
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-350
Attorneys for Defendants
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
Defendants
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Moffitt Hearth and Vascular Group 1000 North Front Street Wormleysburg, Pa 17043
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or thing:
The entire medical file, including but not limited to: any and all medical records, office notes,
reports for all radiology studies, radiology films, MRI films, CT Scans, all correspondence,
memoranda, facsimile documents, medical bills or other materials contained in the patient file
for treatment rendered to: DEBRA DAVIS, DOB: 08/20/55; SSN: 191-46-0871
at: Attention: Angela Lentz Paralegal at Marshall Dennehey Warner Coleman & Goggin, 4200 Crums Mill
Road, Ste. B. Harrisburg, PA 17112
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together
with the certificate of compliance, to the party making this request at the address listed above. You have the right to
seek, in advance, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service,
the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: Craig A. Stone, Esquire
Address: Marshall, Dennehe , Warner, Coleman & Go in
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Telephone: 717 651-3500
Supreme Ct ID#: 15907
Attorney For: Defendants
DATE:
Seal of the Court
BY THE COURT:
(Prothonotary/Clerk, Civil Division)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this 161 day of May, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
Angela M. Lentz, Paralegal
05/493623. v 1
2'4 f 0 1 i `. '
?r
a
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
MICHAEL C. MONGIELLO, ESQUIRE
I.D. No. 87532
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorneys for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w IN THE COURT OF COMMON PLEAS
: FOR CUMBERLAND COUNTY, PA
Plaintiffs
v
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
Defendants
DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS
BASED ON THE STATUTE OF LIMITATIONS
AND NOW come Defendants, Orthopedic Surgeons, Ltd., d/b/a/ Orthopedic Institute of
Pennsylvania ("OIP") and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D.
("Dr. Litton") (collectively hereinafter referred to as "Defendants"), by and through their counsel,
Marshall, Dennehey, Warner, Coleman & Goggin, and move this Honorable Court for judgment
on the pleadings based on the statute of limitations as follows:
1. Plaintiffs initiated this medical professional liability action by filing a Complaint
on October 13, 2008. See Exhibit "A" hereto.
2. Therein, Plaintiffs claimed that Dr. Litton, as an agent of OIP, negligently
administered an intra-articular injection to the right hip of patient-Plaintiff, Debra Davis
("patient-Plaintiff') on November 16, 20061 for the treatment of trochanteric bursitis Id.
3. In particular, Plaintiffs alleged that Dr. Litton administered said injection in a
non-sterile fashion resulting in a staphylococcus areus infection, which he then failed to
recognize, diagnose and treat. Id.
4. As to OIP, a claim for vicarious liability was asserted for the conduct of agent Dr.
Litton. Id.
5. Plaintiffs filed a First Amended Complaint on December 12, 2008. See Exhibit
"C" hereto.
6. In their First Amended Complaint, Exhibit "C", Plaintiffs pleaded new and
different facts and associated causes of action with regard to administration of patient-Plaintiffs
right hip injection on November 16, 2006. Id. at pp. 1-3.
7. Specifically, Plaintiffs now factually alleged that it was an "unidentified" nursing
staff agent of OIP who administered the injection, without appropriate sterilization, after Dr.
Litton exited the room. Id. at p. 3 ¶¶ 9-11.
8. Plaintiffs' claim for vicarious liability against OIP was accordingly altered to
include these alleged negligent acts of the "nursing staff' (Id. at p. 2, ¶T 3 and 17).
9. While Plaintiffs' causes of action against Dr. Litton arising out of the November
16, 2006 right hip injection were not set out in separate counts (see ¶¶ 12-13 and 18), it appeared
that Plaintiffs new claims against Dr. Litton in this regard would be for negligence in permitting
1 Plaintiffs actually reference November 16, 2008 as the date of said care and treatment in their Complaint (and
Amended Complaints), but have specifically admitted that this was in error with the injection, in fact, being
administered on November 16, 2006. See Exhibit "B" hereto.
the unidentified nurse to administer the injection in non-sterile conditions and not appropriately
supervising same. Id. at pp. 5-6.
10. Plaintiffs filed a Second Amended Complaint on January 20, 2009. See Exhibit
"D" hereto.
11. In their Second Amended Complaint, Exhibit "D", Plaintiffs again factually plead
that it was an OIP nursing staff agent (for whom OIP is vicariously liable), and not Dr. Litton,
who administered a non-sterile injection to patient-Plaintiffs right hip on November 16, 2006.
Id. at p. 4, ¶¶ 9-11.
12. This time, however, Plaintiffs made clear that Dr. Litton's alleged negligence with
regard to administration of the right hip injection was for "failure to (I) properly supervise the
aforementioned nurse; (II) ensure the aforementioned nurse use [sic] clean and/or sterile
technique; and/or (III) not permit the aforementioned nurse from performing the November 16,
2008 [sic], injection." Id. at pp. 4-5, 111-15 and 19.
13. On March 2, 2009, Defendants filed their Answer with New Matter to Plaintiffs'
Second Amended Complaint. See Exhibit "E" hereto.
14. In their New Matter, Defendants plead that some or all of Plaintiffs' claims are
time barred by operation of the applicable statute of limitations. Id. at p. 6, 1138 and 39.
15. On March 5, 2009, Plaintiffs filed their Response to Defendants' New Matter,
closing the pleadings in this case.
16. No trial date has been established as of this time.
17. Plaintiffs' original Complaint was the only pleading filed within the applicable
two (2) year statute of limitations (which expires on November 16, 2008), with Plaintiffs' First
and Second Amended Complaints being filed on December 12, 2008 and January 20, 2009
respectively. See Exhibits "A", "C" and "D".
18. The operative facts and associated causes of action plead in Plaintiffs' Amended
Complaints are new and contrary to those plead in their original Complaint, and also run contrary
to the medical records. See Supporting Brief and Exhibit "F" hereto.
19. Accordingly, the only viable causes of action in this case are those set forth in
Plaintiffs' original Complaint: that Dr. Litton as the solely involved agent of OIP, administered
an injection to patient-Plaintiffs right hip on November 16, 2006 in a non-sterile fashion
resulting in an infection, which he then failed to recognize, diagnose and treat. See Supporting
Brief and Exhibit "A" hereto.
WHEREFORE, Defendants, Orthopedic Surgeons, Ltd., d/b/a/ Orthopedic Institute of
Pennsylvania and Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D., respectfully
request that this Honorable Court enter the attached Order.
Respectfully Submitted,
MARSHALL DENNEHEY WARNER
COLEMAN & GOGGIN
DATE: BY: OULA-q U
Craig A. S e, Esquire
Michael C. Mongiello, Esquire
4200 Crams Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
castone@mdwcg.com
mcmongiello@mdwcg.com
Attorneys for the Defendants
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Motion has
been served upon the following known counsel of record this I? day of,
2009, by regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
Craig A. e, Esquire
Michael C. Mongiello, Esquire
05l524649.v1
?/
.OCT-2(-26@8 66:57 From.
ROWER, AU219, ROHR, ZIO.Rt"
aoseph 5. Lukonskl, esquire
I.D. No.: 28532'
James C. Hockenberry, Esquire
I.D. No., 91133
175 Bust l eton Pike
Feaste4ville, QA 1,4053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
8301 P_*esi.dents Drive
Apt. 322
New Kingston, PA 17072
V.
Plaintiffs,
ORTKOPWIC SURGEONS, vrD., I
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA 1
3399 Tfindle Road
camp Nlli, Pal 17011 }
and }
LINDA TACT LITTON, Executrix 1
of the :.state of JASON J.
LITTON, M. D. }
C/o Stanjay A. Smith, Esquire
Rhoades 6 ninon }
one South Market Square
P.O. Box 1146 1
Marrlsbvrg, PA 11108--1146
UNIVERSITY OF PENNSYLVANIA )
HEALTH SYSTEM
Defendants. )
re .
id
- in:?f111N , [ hti?e uirYu ?d ? r
,1i8 $ Said CQU1t Cu...:a: 1
?
t DT71SH j???:13LUW
s
Atto.fney for Plaintiffs
COURT or COWW FLW P OR
CpW9ftAb'P CoLnM, PENN8YLV?X1A
NO. ? (cud v? ! Tt'- r"
C3:VXL ACTION - WMICAL
PROIES51010Z Y,IASTLITY ACTIOU
YOU have been dues in Court. It yoy wish to doteed agaSnat the claim* 00t forth in
the tollowinir pages, you susC eako amsioa wLthia to*nty (6121 days after this aeaglaint
}nd notic* axa AMZVed. by e.+tAti g d wr:stea sppearsuoe pawsonally or by pttorn9y and
!filing in woLting with the 4Ou1tt year dafensas or Ob5acaloaa to the e)aim mot fort„
a9di.nat you. ifetu axe warned that, it you fail to do no tho case may proceed viwb6ut
.You and a 3udgaont say be entered against: you by the 40wrt without furtNm sfotioa Eon
any soapy claised is the d04Piai,nt Or 1109 any other Olair Or relict! ZQ"dtod by the
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Cutebesi.bad c4anty bar Association
2 Libafty Aeons
ca.w"alQ, *A 17019
11?-140-3166
From: To:441?-'74990 P.3'9
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their unders-gned counsel,, who aver the following.
1. Debra Davis, (hereafter "Plaintiff."), is an adult
individual residing at 9301 P.r.esiclents Drive, Apt. 322, New
Kingston, Pennsylvania, and at all time material and relevant
hereto was the spouse of James r'javi s.
2. James Davis is an adult individual residing at B301
Presidents prive, Apt. 322, New Ka.ngstan, Pennsylvania, and at
all times material and relevant hereto was the spouse of
plaintiff, Debra Davis.
3, Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "00"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the goneral public, and at all time
material and relevant hereto maintained an office at 3399 Trindle
Road, Camp Mill, Pennsylvania, and which at a31 times matertal
and relevant hereto acted throjgh its agent, :Lervant, workman,
and/or employee, Jason J. Litton, M.D., whose negligence is
imputed to QTP. Plaintiff is asserting a professional. llabilil•y
claim against this defendant.
A, Defendant, Linda Taft Litton, is, upon information and
relief, the personal representative of the estate of Jason J.
Litton, M.D., (hereafter "Litton"), who died September 5, 2008,
whose address in her capacity as said personal representative is
c/o Stanley A. Smith, Cequire, Rhoades & Sinon, one.South Market
Square, P.O. Box 1146, Harrisburg, Pennsylvania.
S. At all times material and relevant- hereto Jason J.
Litton, M.D., was an adult individual and licensed physician who
at the time of the occurrence on o: about November 16, 2006, set
forth more fully herein, purported to specialize in orthopedic
medicine and surgery, maintaining an otlice at c/o Orthopedic
Institute of Pennsylvania, 3309 Trindle Road, camp hill,
Pennsylvania. At all. timeA material and relevant hereto, Litton
was the employee and/or agent and/or ostensible agent and/or
apparent agent of 01P. Plaintiff is asserting a professional
liability claim against this defendant,
6. On or about October 12, 2006, Plaintiff was seen by
IJtton at the OIP office an Trindle Road in Camp Hill after being
referred by Tracey Wiley, CRNP, foi evaluation of her right hip.
7. Dying the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric burs.iris 0f
the light hip and perhaps sciatica and injected her trochanteric
bursa with Lidocaine and 2 CC's of Triamcinol.one with
instructions to return if her symptoms persist or recur,
8, On November 16, 2008, Plaintiff: returned to CIP and
again saw Litton because of recurring symptoms in her right hip.
9. DurIng the November 16, 2006, visit, Litton again
performed an injection on Plaintiff's night hip, however, Litton
failed to use Lidocaine as an analgesic and also failed to use
any sterile or clean technique at the site of the injection,
despite tho fact that he was performing an int.ra-articular
injection.
1.0. As a direct and proximate result of Litton failure. to
use any clean or sterile technique at the site of the anjection
on November 16, 2008, Plaintiff developed and suffered a severe
staphylococcus aureus infection in her right trochan; eri.c bursa
which developed into a severe infection.
11. As a directly and proximate result of Li.tton`s failing
to use any sterile technique during his injection of November 16,
2006, Plaintiff suffered a severe infection, loss if Income,
great vain and suffering, a surgical procedure and
hospitalization, permanent scarring, weakness, pain and
disability.
I COWT,,r - >sRWSSZOrIDLA WEQJCWCE
DEFAN DAV?B AM JMZS DAMS V. ?1AT?flPSD?C_SU1 Q?8. LTD.. d/b/a
b T OEs ?rC I14TTT=E b PPWS]LV11N,??„'A ?! L T W &Z'1' y
3MCUTRIX OF Tal 267 "T Or M90 J. LJJW-N, H.P-1-
12. Paragraphs one (1) through eleven {111 are incorporated
by reference as if set forth at length herein.
13. Defendant Litton, at all times material and relevant
hereto, held himself out to tho public, and to Plaintiff in
parLiculax, as healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and aprgexy.
15. Litton, as an agent, employeo, servant, and/or workman
of OIP, failed to provide reasonable healthcare under the
circumstances and Litton's acts and/or omissions fell below the
applicable standard of care and his negligence consisted of the
following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiffoa trochanterio bursa
on November 16, 2006;
all 'railing tt use a sterile teennicue at the site of
the i.njeCtlon into Plaintiff's trochanteric: bursa
on November 16, 2008; and,
(G) Failing to use alcohol and/or povidone-iodine
(Aetadine) on the surface of Plaintiff's skin f
prior to the November 16, 2008, injection;
(A) Tailing :o .recognize, diagnosis, and treat '
Plaintiff.tor an infection .following the Novemht=r
16, 2008, injection.
16. As'a direct and proximate result of the a.forenentioned
conduct, acts, and./or. Omisvions of Defendant Litton, which
conduct, meta and/or omissions are imputed to defendant OIP
Plaintiff, suffered the following;
(A} A surgically implanted central line in her body
fo.r longterm IV antibiotic therapy at home;
(13) A severo infection resulting :frOM the introduction
of staphylococcus aureus bacteria into her right
trochanteri.c bursa;
(C) A surgical procedure on the infected hip and
hospitalization!
(D) moss of her Income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and medical co-
pays for necessary treatment;
(N) Permanent scarring and disfigurement;
(T) Ongoing pain and weakness resulting in prebiems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
17. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/ox healthcare liens for which
Plaintiff is responsible and which arc recoverable from the
defendants herein pursuant to Section 508 o:f the Medical Cmra
Avail.abiliLy and Reduction of Error ;MCARE) Act, Ad P.S.
61303.1.01, et seq.
WHERZFORE, Plaint lff.q, Debra Davi3 and Jarpes Davis,
.respectfully request that this Honorable Court enter judgment in
their favor and against Defendants orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvan=ia and Linda Taft Utton,
Executrix of the Estate of Jason J. Litton, M.D., Jointly and/or
severally in an amount in excess of $50,000.
COUNT Ir -- Loss OF CO'MMS-x
JAMMS AQ;S V ORVEOPEDIC 9MOO ZS ,,?,TLM 4 d/A/a Ol'JgPL[}LC
N^ TOTL? OF EMU y 7IX AID LEA EM I,ITTQN2 E3LE XX OF THE
IRSxATg O,F JASORS XZ=X R.
18. Paragraphs one 11) through seventeen (1?) are
incorporated by .reference as it set forth at length herein.
19, As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
WHEREFORE, Plaintiff, Jaynes Davis, respectfully regue.Sts
Judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a OxthOPediC Institute of ttnnsylVania and Linda Taft
Litton, Executrix of -the Estate Of Jason LJ.t.ton, M.D., jointly
and/or severally in an amount in excess of s50,000.
Respectful l y ga?xxit Ceci,
Bx:
J seph Lukomski, Esquire
rnes Heckenberry, VsgiUire
V" FIC4110b!
I, JAMES E. HOW N-BERRY, being duly swam according to law, deposes And
says that he is authorized to m*e this Vw fication on behalf of the Plsimiff, and tltiat the facts set
forth in the fbixigoing Pleading am tvue and corrw to the list of his kaowledge. infomation and
belief,
his tatcrttent-is- twde` subj¢eL to ft paWtim of 18 PaC.S. §4904 mhting to
unswom falsification to authorities,
?:7110CXEXBERRY. FSQi31RtF
DATA: n ber 1___0? ?0 a
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DAVIS DEBRA ET AL
VS
ORTHOPEDIC SURGEONS LTD ET AL
STEVE BENDER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ORTHOPEDIC SURGEONS LTD D/B/A ORTHOPEDIC INSTITUTE OF PENNA the
DEFENDANT
, at 0012:30 HOURS, on the 15th day of October , 2008
at 3399 TRINDLE ROAD
CAMP HILL, PA 17011 by handing to
MALLORY MILLER OFFICE MANAGER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 14.00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
Postage v/?3?a8 42.42 10/16/2008 .42
ROBERT ROVNER
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
1
LAW 01TWF:S
ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASHt
ROBERT A. ROVNER 175 BUSTLETON PIKE NEW JERSEY OFFICE
BRUCE S. ALLEN FFASTERVILLE, PA 19053-6456 CHERRY HILL PROFESSIONAL BUILDING
HOWARD P. ROVNER 411 RT. 70 EAST, SUITE 100
JEFFREY I. ZIMMER.MAN
ERIC S. NASH PHILA. (215) 698-1800 CHERRY HILL, NJ 08034
856-795-5111
JEFFREY A. SIGMAN BUCKS CO. (215) 322-0411
-
JOSEPH S. LUKOMSKI
CHERYL B. WOLF" (215) D-1-A-L-L-A-W JOSEPH S. LUKOMSKI
STEVEN L. ROVNER- TOLL FREE (888) D-I-A-L-L-A-W MANAGING NJ ATTORNEY
ROBIN C. SCOLNICK"
JEFFREY D. SCHMIDT FAX# 215-355-0940
REPLY TO:
NEIL P. GREENBERG' FEASTERVILLE OFFICE
ANTHONY W. ZICCARDI
JAMES E. HOCKENBERRY
t LAW OFFICES OF
ELLEN KAHHAN
ROBERT A. ROVNER, P.C.
' MEMBER OF PA, NJ & TENN. BARS Ma
22
2009 Internet: www.dial-law.com
y
,
" MEMBER OF PA & NJ BARS
"' MEMBER OF PA, NJ & FL BARS
Via Certified Mail No.: 7007 2560 0002 2810 9328
Craig A. Stone, Esquire
Marshall, Dennehey, et al.
4200 Crums Mill Road
Suite B
Harrisburg, PA 1,7112
Re: Davis, et ux, v. Orthopedic Surgeons, Ltd., et al.
Court of Common Pleas for Cumberland County
No.: 08 - 6120
Dear Mr. Stone:
Enclosed.,please find Plaintiffs' Response to Defendants' Request for Admission
Pursuant to Pa,;R.C.P. 4014.
If you have any questions or would like to discuss this matter , please contact me
at 215.953.2730; ext. 2311.
Very truly yours,
JEH/
Enclosure
cc: Ms. Debra Davis (w/ enclosure)
JANE E. HOCKENBERRY
?E T
MAY 2 6 2009
_J
v 11?Zs iZ?
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, ) NO.: 08 - 6120
V. ) Civil Action - Medical
Professional Liability
ORTHOPEDIC SURGEONS, LTD., ) Action
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON, )
Executrix of the Estate
of Jason J. Litton, M.D., )
deceased
)
Defendants.
PLAINTIFFS' RESPONSE TO DEFENDANTS REQUEST FOR ADMISSION
PURSUANT TO Pa.R.C.P. 4014
1. Yes. It is specifically admitted that the "injection" referred to in paragraphs
4 L, 13, 19, 24?, and 30 of Plaintiffs' Second Amended Complaint was given to
Plaintiff, Debra Davis, on November 16, 2006.
Respectfully submitted,
BY:
J mes Hockenberry, Esquire
I. . 3
Counsel for Plaintiffs
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
215.953.2730, ext. 2311
hockenj(cDdial-law.com
ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH
175 BUSTLETON PIKE, FEASTERVILLE, PA 19053-6456
VERIFICATION
I, DEBRA DAVIS, verify that the statements made in the foregoing writing are true
and correct to the best of my knowledge, information and belief. I understand that the statements
therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
DEBRA DAVIS
DATED: L& -0q
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
Plaintiffs, ) NO.: 08 - 6120
V. ) Civil Action - Medical
Professional Liability
ORTHOPEDIC SURGEONS, LTD., ) Action
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
and )
LINDA TAFT LITTON, )
Executrix of the Estate
of Jason J. Litton, M.D., )
deceased
Defendants.
CERTIFICATE OF SERVICE
I, James :E. Hockenberry, counsel for Plaintiffs in the above-captioned matter,
hereby certify that I served a true and correct copy of Plaintiffs' Response to
Defendants' Request for Admission Pursuant to Pa.R.C.P. 4014 via certified mail #7007
2560 0002 2810 9328, on the ?*Ay day of May. 2009, as follows:
Craig A. Stone, Esquire
Marshall, ? Dennehey, et al.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Respectfully submitted,
BY:
Ja . Hockenberry, Esquire
I.D. 91133
Counsel for Plaintiffs
ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH
175 BUSTLETON PIKE, FEASTEAVILLE, PA 18053-6456
X2,12 O.K.
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
21:5.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
V.
Plaintiffs,
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL. LIABILITY ACTION
LINDA TAFT L'[TTON, Executrix
of the Estate of JASON J. )
LITTON, M.D.
Defendants.
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 obpections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for. any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
PLAINTIFFS' FIRST AMENDED COMPLAINT
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following:
1. Debra Davis, (hereafter `Plaintiff"), is an adult
individual residing at 115 North 9th Street, Lemoyne,
Pennsylvania, and at all time material and relevant hereto was
the spouse of James Davis.
2. James Davis is an adult individual residing at 115
North 9th Street, Lemoyne, Pennsylvania, and at all times
material and relevant hereto was the spouse of Plaintiff, Debra
Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare arid services to the general public, and at all times
material and relevant hereto maintained an office at 3399 Trindle
Road#, Camp H=ill, Pennsylvania, and which at all times material
and relevant hereto acted through its agents, servants, workmen,
and/or employees, specifically including the nursing staff and
Jason J. Litton, M.D., deceased, whose negligence is imputed to
OIP. Plaintiff is asserting a professional liability claim
against this defendant.
4. Defendant, Linda Taft Litton, is, upon information and
belief, the personal representative of the estate of Jason J.
Litton, M.D., who died September 5, 2008, and whose address in
her capacity. as said personal representative is c/o Stanley A.
Smith, Esquire, Rhoades & Sinon, One South Market Square, P.O.
Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., (hereafter "Litton"), was an adult individual and
licensed physician who at the time of the occurrence on or about
November 16, 2006, set. forth more fully herein, purported to
specialize in orthopedic medicine and surgery, maintaining an
office at c/o Orthopedic Institute of Pennsylvania, 3399 Trindle
Road, Camp Hill, Pennsylvania. At all times material and
relevant hereto, Litton was the employee and/or agent and/or
ostensible agent and/or apparent agent of OIP. Plaintiff is
asserting a professional liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Trindle Road in Camp Hill after being
referred to OIP by Tracey Wiley, CRNP, for evaluation of her
right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her trochanteric
bursa with Lidocaine and 2 cc's of Triamcinolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2008, Plaintiff returned to OIP and was
again examined by Litton because of. recurring symptoms in her
right hip.
9. During the November 16, 2008, visit, following Litton's
examination of Plaintiff, and after Litton had exited the room, a
nurse entered the examination room and gave an injection into
Plaintiff's right hip.
10. The aforementioned nurse who gave Plaintiff the
injection on November 16, 2008, was, at all times material and
relevant hereto, the agent and/or employee of OIP.
11. The aforementioned nurse who gave the injection on
November 16, 2008, failed to use Lidocaine as an analgesic and
also failed to use any sterile or clean technique at the site of
the injection
12. As a direct and proximate result of the nurse's and/or
Litton's failure to use any clean or sterile technique at the
site of the injection on November 16, 2008, Plaintiff developed
and suffered a severe staphylococcus aureus infection in her
right trochanteric bursa which developed into a severe infection.
13. As a direct and proximate result of the nurse's and/or
Litton's failing to use any sterile technique during his
injection of November 16, 2006, Plaintiff suffered a severe
infection, loss if income, great pain and suffering, a surgical
procedure and hospitalization, permanent scarring, weakness, pain
and disability.
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS AND JAMES DAVIS V. ORTHOPEDIC SURGEONS LTD d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON
EXECUTRIX OF THE ESTATE OF JASON J. LITTON. M.D.
14. Paragraphs one (1) through thirteen (13) are
incorporated by reference as if set forth at length herein.
15. Defendant Litton, at all times material and relevant
hereto, held himself out to the public, and to Plaintiff in
particular, as healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and surgery.
16. Defendant, OIP, at all times material and relevant
hereto, held.itself out as a healthcare practice which,. through
its professional healthcare workers, possessed special skill
and/or knowledge in the area of orthopaedic medicine and surgery.
17. Litton, as an agent, employee, servant, and/or workman
of OIP, and OIP, through its agent and/or employee nurse who
performed the injection on Plaintiff on November 16, 2008, failed
to provide reasonable healthcare under the circumstances and
Litton's and/or OIP's acts and/or omissions fell below the
applicable standard of care and their negligence consisted of the
following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(B) Failing to use a sterile technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008; and,
(C) Failing to use alcohol and/or povidone-iodine
(Betadine) on the surface of Plaintiff's skin
prior to the November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November
16, 2008, injection; and,
(E) Permitting a nurse, or other non-physician, to
perform an injection into the Plaintiff's
trochanteric bursa.
18. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of Defendant Litton and/or the
nurse who performed the injection on November 16, 2008, whose
conduct, acts and/or omissions are imputed to defendant OIP, and
OIP itself, Plaintiff suffered the following:
(A) A surgically implanted central line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the introduction
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and medical co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in, problems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
19. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medical Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - LOSS OF CONSORTIUM
JAMES DAVIS V. ORTHOPEDIC SURGEONS LTD. d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON EXECUTRIX OF THE
ESTATE OF JASON J. LITTON, M.D.
20. Paragraphs one (1) through nineteen (19) are
incorporated by reference as if set forth at length herein.
21. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
WHEREFORE, Plaintiff, James Davis, respectfully requests
judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and Linda Taft:
Litton, Executrix of the Estate of Jason J. Litton, M.D., joint.ly
and/or severally in an amount in excess of $50,000.
Respectfully submitted, (7?:?
BY:
tames eph S. Lukomski, Esquire
. Hockenberry, Esquire
V E R. T. F C A T I G N
DEBRA DAVIS b nr 011.1; swot. ?, r ',i n ? t 1 a
deposes and a,,_ than he,/she is the Plaintiff her`i.i, and, .'-- at _hf_-
facts set forth in the foregoing pleading are true and correct to
r_he }best of hi s%heL" kno7,-hedge, nf ormc-Ltion, and =f . ih -__
sv-aLt.eme.nt- is made subj ec'L. to the penalties of 18 PA. C . S . Sect-10i"
4904 rein' rich to unswoz-n falsification to aut?-<oriti ps -
Dated:
RoVNER, ALLEN, ROVNER, ZIMMERMyN AND NNASH
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
} COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILITY ACTION
)
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire certify that a true and
correct copy of Plaintiff's First Amended Complaint was served
upon all counsel of record via First Class United States Mail on
December 12, 2008 at the following addresses:
Craig A. Stone, Esquire
Marshall, Dennehey, et al.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
ROWER, ALLEN, ROWER,
ZIMMERMAN & NASH
AMES E. HOCKENBERRY, ESQUIRE
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
V.
Plaintiffs,
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
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
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
PLAINTIFFS' SECOND AMENDED COMPLAINT
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following:
1. Debra Davis, (hereafter "Plaintiff"), is an adult
individual residing at 115 North 9th Street, Lemoyne,
Pennsylvania, and at all time material and relevant hereto was
the spouse of James Davis.
2. James Davis is an adult individual residing at 775
North 9th Street, Lemoyne, Pennsylvania, and at all times
material and relevant hereto was the spouse of Plaintiff, Debra
Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all times
material and relevant hereto maintained an office at 3399 `Prindl_e
Road, Camp Hill, Pennsylvania, and which at all times materia:L
and relevant hereto acted through its agents, servants, workmen,
and/or employees, specifically including the nurse who performed
the injection on Plaintiff on November 16, 2008, and Jason J.
Litton, M.D., deceased, whose negligence is imputed to OIP.
Plaintiff is asserting a professional liability claim against
this defendant.
4. Defendant, Linda Taft Litton, is, upon information and
belief, the personal repr_esentatjve o` the estate of Ja,?on J.
Litton, M.D., who died September 5, 2003, and whose address in
her capacity as said personal representative is c/o Stanley A.
Smith, Esquire, Rhoades & Sinon, One South Market Square, 11.0.
Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., (hereafter `Litton"), was an adult individua_i. and
licensed physician who at the time of the occurrence or) or about
November 16, 2006, set forth more fully here=in, purported to
specialize in orthopedic medicine and surgery, maintaining an
office at c/o Orthopedic Institute of Pennsylvania, 3399 Trindlle
Road, Camp Hill, Pennsylvania. At al-1 times material. and
relevant hereto, Litton was the employee and/or agent and/or
ostensible agent and/or apparent agent of 01P. Plaintiff is
asserting a professional liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Trindle Road in Camp Hill. after be i_riq
referred to OIP by Tracey Wiley, CRNP, for evaluation of her
right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her trochanteric
bursa with Lidocaine and 2 cc's of Triamcinolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2006, PI a:i_nt_iff returned to 01 i- rand w.3
again examined by Litton because of recurring symptoms in her
right hip.
9. During the November 16, 2006, visit, following Li_t,ton's
examination of Plaintiff, and after Litton had exited the room, 'I
nurse, whose name is known only to the Defendants herein, entered
the examination room and gave an injection into Pla:intiff's right
hip.
10. The aforementioned nurse who gave Plaint=iff the
injection on November 16, 2006, was, at all times material and
relevant hereto, the agent and/or employee and/or servant of 0I1?
and was acting in the course and scope of her employment with
OIF'.
11. The aforementioned nurse who gave the-injection on
November 16, 2006, failed to use Lidocaine as an analgesic and
also failed to use any sterile or clean technique at the site of
the injection
12. As a direct and proximate result of the nurse's failure
to use any clean or sterile technique at the site of the
injection on November 16, 2008, Plaintiff developed and suffered
a severe staphylococcus aureus infection in her right
trochanteric bursa which developed into a severe infection.
13. As a direct and proximate result of Litton's failure to
(I) properly supervise the aforementioned nurse; (II) ensure the
aforementioned nurse use clean and/or sterile technique; and/or
(III) not permit the aforement-?_oned nurse from performing the
November 16, 2008, injection, Plaintiff developed arid
suffered a severe staphylococcus aureus infection -in her right:
trochanteric bursa.
14. As a direct and proximate result of the nurse's [ai.ling
to use any sterile and/or clean technique at the time of the
Plaintiff's injection of November 16, 2006, Plaintiff' suffered a
severe infection, loss if income, great pain and suffering, a
surgical procedure and hospitalization, permanent scarring,
weakness, pain and disability.
15. As a direct and proximate result of Litton's failure to
(I) properly supervise the aforementioned nurse; (II) ensure the
aforementioned nurse give a clean and/or sterile technique;
and/or (III), not permit the aforementioned nurse from performing
the November 16, 2006, injection, Plaintiff suffered a severe
infection, loss if income, great pain and suffering, a surgical-
procedure and hospitalization, permanent scarring, weakness, pain
and disability
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS V LINDA TAFT LITTON EXECUTRIX OF THE ESTATE OF
JASON J. LITTON, M.D. AND ORTHOPEDIC SURGEONS, LTD., d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
16. Paragraphs one (1) through fifteen (15) are
incorporated by reference as if set forth at length herein.
17. Defendant Litton, at all times material. and relevant
hereto, held himself out to the public, and to Plaintiff in
particular, as a healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and surqcry.
18. Defendant, OIP, at all times material and relevant
hereto, held itself out as a healthcare pract=ice which, through
its professional healthcare workers, possessed special skit[
and/or knowledge in the area of orthopaedic medicine and surgery.
19. Litton, as an agent, employee, servant, and/or workman
of OIP, failed to provide reasonable healthcare under t_he
circumstances and Litton's acts and/or omissions fell below the
applicable standard of care and his negligence, which is imputed
to OIP, consisted of the following:
(A) Failing to perform and/or failing to ensure that a
clean technique was used at the site of the
injection into Plaintiff's trochanter.i.c bursa on
November 16, 2008;
(B) Failing to perform and/or failing to ensure that a
sterile technique was used at the site of the
injection into Plaintiff's trochanteric bursa on
November 16, 2008;
(C) Failing to use and/for filing to ensure that
alcohol and/or povidone-iodine (Betadi.ne) was used
on the surface of Plaintiff's skin prior to the
November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November_
16, 2008, injection; and,
(E) Permitting a nurse, or other non-physician, to
perform an i_nject.i_on into the Plaintiff-'s
trochanteri.c bursa.
20. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of Defendant Litton whose
conduct, acts and/or omissions are imputed to defendant OIP,
Plaintiff suffered the following:
(A) A surgically implanted central. Line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the irntroducti.on
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip arid
hospital.izat ion;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and med:ica_1 co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; arid,
(J) Fear of seeking medical treatment.
21. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare lieris for which
Plaintiff is responsible and which are recoverable from tAi
defendants herein pursuant to Section 508 of the Medica _I C13 re
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment: 'M
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS V. ORTHOPEDIC SURGEONS, LTD., d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA
22. Paragraphs one (1) through twenty-one (21) are
incorporated by reference as if set forth at length herein
23. Defendant, OIP, at all times material arid relevant=
hereto, held itself out as a healthcare practice which, through
its professional healthcare workers, possessed specaL skill
and/or knowledge in the area of orthopaedic medicine and surgery.
24. The nurse who performed the injection on November
16, 2006, and who was at all times material and relevant- hereto,
an agent, employee, servant, and/or workman of OIP, failed t:o
provide reasonable healthcare under the circumstances and said
nurse's acts and/or omissions fell below the applicable standard
of care and her negligence, which is imputed to OIP, consisted of
the following:
(A) Failing to use a clean technique at the sit(, of
the injection into Plaintiff's tr_ochanter_ic I)urs3
on November_ 16, 2008;
(B) Failing to use a sterile technique at the sit-e- of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(C) Failing to use alcohol and/or povidone-i.od.ine
(Betadine) on the surface of Plaintiff's skin
prior to the November_ 16, 2008, injection;
(D) Performing, as a non-physician, an injection into
the Plaintiff's trochanteric bursa.
25. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of OIP's agent and/or employee:
and/or servant, the aforementioned nurse, whose conduct, acts
and/or omissions are imputed to defendant OIP, Plaintiff suffered
the following:
(A) A surgically implanted central line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the introduction
of staphylococcus aureus bacteria into her right-_
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any coll_aterai
source, including, medical bills and med_ca1 co--
pays for necessary treatment;
(H) Permanent scarring arid disfigurement;
(I) Ongoing pain and weakness resulting in prob[ems
with her contralater_al hip; arid,
(J) Fear of seeking medical treatment:.
26. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens [-or_ which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medi_cal_ Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft 1_J tton,
Executrix of the Estate of Jason J. Litton, M.D., jointly arid/or
severally in an amount: in excess of $50,000.
COUNT III - LOSS OF CONSORTIUM
JAMES DAVIS V. LINDA TAFT LITTON, EXECUTRIX OF THE ESTATE OF
JASON J. LITTON, M.D. AND ORTHOPEDIC SURGEONS LTD d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
27. Paragraphs one (1) through twenty-six (26) are
incorporated by reference as if set forth at length herein.
28. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, because of the negligence of
Litton, which negligence is imputed to OIP, plaintiff, James
Davis has suffered, and will continue to suffer, the loss of the
services, support, and consortium of his spouse, 111airnt-iff, Debra
Davis.
WHEREFORE, Plaintiff, James Davis, respectful.ly requests
judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and ],:irnda Taft
Litton, Executrix of the Estate of Jason J. Litton, M.D., jointly
and/or severally in an amount in excess of $50,000.
COUNT IV - LOSS OF CONSORTIUM
JAMES DAVIS V. ORTHOPEDIC SURGEONS LTD. d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA
29. Paragraphs one (1) through twenty-e=ight (28) are
incorporated by reference as if set forth at length herein
30. As a direct and proximate result of the a.f.or_ementi.oned,
injuries suffered by Plaintiff, Debra Davis, as a result of t:he
negligence of the aforementioned nurse who performed the
injection on November 16, 2008, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaint=iff, Debra Davis.
Respectfully submitted,
BY:
Jo eph S. _ukomski, Esquire
Ja es . Hockenberry, Esquire
VFRIFICA TION
I, JAMES E. HOCKENBERRY, ESQUIRE, being duly sworn according to law,
deposes and says that he is authorized to make this Verification on behalf of the Defendants, and
that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge,
information and belief.
This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to
unsworn falsification to authorities.
P
DATED: 1 7 0 110y
JAM E OCKENBERRY, ESQUIRE
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
r',, -
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D.
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
Defendants
DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S
SECOND AMENDED COMPLAINT
AND NOW come the Defendants, Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute
of Pennsylvania (hereinafter referred to as "OIP") and Linda Taft Litton, Executrix of the Estate
of Jason J. Litton, M.D. (hereinafter referred to as "Dr. Litton"), sometimes referred to as
"Answering Defendants" by their attorneys Marshall, Dennehey, Warner, Coleman & Goggin
who answer Plaintiffs Second Amended Complaint, with New Matter, as follows:
1. Denied as stated. Rather, according to Defendants' records, Mrs. Davis' address was
PO Box 503, New Kingston, Pennsylvania 17072.
2. Denied as stated. Rather, according to Defendants' records, Mr. Davis' address was
PO Box 503, New Kingston, Pennsylvania 17072.
3. Denied as stated. Rather, it is averred that OIP is a professional corporation. At all
times material hereto, Dr. Litton was an agent of the professional corporation. After reasonable
investigation, Answering Defendants are without information or knowledge sufficient to form a
belief as to the identity of the unnamed agents, servants, workmen, employees, specifically
including an unidentified nurse, to whom reference is made in the corresponding paragraph of
Plaintiffs Second Amended Complaint. The agency and negligence of such individual(s) is
denied and strict proof, if relevant, is demanded at the time of trial. It is specifically denied that
any care was rendered to Plaintiff by any agent of OIP on November 16, 2008. The balance of
the averments of the corresponding paragraph of Plaintiffs Second Amended Complaint are
conclusions of law to which no answer is required. If an answer is deemed required, the same
are denied pursuant to Pa. R.C.P. 1029(e).
4. Admitted.
5. Denied as stated. It is admitted that Jason J. Litton, M.D. practiced in the specialty of
orthopedic surgery at all times material to Plaintiffs Second Amended Complaint. It is admitted
that Dr. Litton practiced at 3399 Trindle Road, Camp Hill, Pennsylvania and that he was an
agent of OIP. The remaining averments to the corresponding paragraph of Plaintiffs' Second
Amended Complaint are conclusions of law to which no answer is required. If an answer is
deemed required, the same are denied pursuant to Pa. R.C.P. 1029(e).
6. Admitted, according to Defendants' records.
7. Denied as stated. By way of further answer, Dr. Litton's progress note of October 12,
2006 is incorporated by reference as though fully set forth.
8. Denied as stated. By way of further answer, Dr. Litton's progress note of November
16, 2006 is incorporated by reference as though fully set forth.
2
9. Denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, Defendant's
progress note of November 16, 2006 is incorporated by reference.
10. Denied for reasons set forth in paragraphs 3 and 9.
11. Denied for reasons set forth in paragraph 9.
12. The averments of the corresponding paragraph of Plaintiffs Second Amended
Complaint contain conclusions of law to which no answer is required. If an answer is deemed
required, the same are denied for reasons set forth in paragraph 9. It is specifically denied that
any care was rendered to Plaintiff by any agent of OIP on November 16, 2008.
13. Denied for reasons set forth in paragraph 12. It is specifically denied that any care
was rendered to Plaintiff by any agent of OIP on November 16, 2008.
14. Denied for reasons set forth in paragraph 12. After reasonable investigation,
Answering Defendants are without information or knowledge sufficient to form a belief as to the
truth of the allegations of damages in the corresponding paragraph of Plaintiffs Second
Amended Complaint, the same are therefore denied and strict proof, if relevant, is demanded at
the time of trial.
15. Denied for reasons set forth in paragraph 14.
Count I - Professional Negligence
Debra Davis v. Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D. and
Orthopedic Surgeons, Ltd., dlbla Orthopedic Institute of Pennsylvania
16. The averments of paragraphs 1 through 15 of this Answer with New Matter are
incorporated by reference as though fully set forth.
17. Denied for reasons set forth in paragraph 5.
18. Denied for reasons set forth in paragraph 3.
3
19. Denied for reasons set forth in paragraphs 5 and 9. By way of further answer, at all
times material to Plaintiffs' Complaint, Dr. Litton met the applicable medical legal standard of
care. It is specifically denied that any care was rendered to Plaintiff by any agent of OIP on
November 16, 2008.
20. After reasonable investigation, Answering Defendants are without information or
knowledge sufficient to form a belief as to the truth of the averments of damages contained in the
corresponding paragraph of Plaintiffs Second Amended Complaint. The same are denied and
strict proof, if relevant, is demanded at the time of trial. If an answer is deemed required, the
averments are denied for reasons set forth in paragraphs 5 and 9.
21. Denied for reasons set forth in paragraph 20.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count II - Professional Nealigence
Debra Davis v Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
22. The averments of paragraphs 1 through 21 of this Answer with New Matter are
incorporated by reference as though fully set forth.
23. Denied as stated and pursuant to Pa. R.C.P. 1029(e). By way of further, OIP does not
practice medicine.
24. Denied for reasons set forth in paragraphs 3 and 9. By way of further answer, it is
averred that all agents of OIP acted within the applicable medical legal standard of care in
providing the care and treatment to Mrs. Davis. It is specifically denied that any care was
rendered to Plaintiff by any agent of OIP on November 16, 2008.
25. Denied for reasons set forth in paragraph 19.
26. Denied for reasons set forth in paragraph 21.
4
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count IV - Loss of Consortium
James Davis v. Linda Taft Litton, Executrix of the Estate of Jason-J. Litton, M.D. and
Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
27. The averments of paragraphs 1 through 26 of this Answer with New Matter are
incorporated by reference as though fully set forth.
28. Denied for reasons set forth in paragraph 20.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count III - Loss of Consortium
James Davis v. Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
29. The averments of paragraphs 1 through 28 of this Answer with New Matter are
incorporated by reference as though fully set forth.
30. Denied for reasons set forth in paragraph 20. It is specifically denied that any care
was rendered to Plaintiff by any agent of OIP on November 16, 2008.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
NEW MATTER
31. Answering Defendants hereby incorporate all averments of this Answer with New
Matter as if fully set forth.
32. Plaintiffs Amended Complaint fails to state a claim upon which relief can be granted
against Answering Defendants.
33. At all time relevant hereto, Answering Defendants and their agents complied with the
applicable standard of care.
5
34. At all times relevant hereto Answering Defendants acted within and followed the
precepts of a respected school of thought and, accordingly, all professional conduct was fully
commensurate with the applicable standard of care. Evidence at trial may establish two or more
schools of thought applicable to the issues presented in this case.
35. Answering Defendants believe and therefore aver that evidence accumulated through
discovery and provided at trial may establish Plaintiff was contributorily or comparatively
negligent, and in order to protect the record, Answering Defendant hereby pleads contributory or
comparative negligence as an affirmative defense.
36. Answering Defendants are entitled to relief and contribution in accordance with the
Pennsylvania Comparative Negligence Act, 42 P.S. § 7102 as amended by Senate Bill 1089,
effective August 14, 2002.
37. Any acts or omissions of Answering Defendants alleged to constitute negligence were
not substantial causes, factual causes, or factors contributing to the injuries and damages alleged
in Plaintiffs Complaint.
38. Plaintiffs claims against Answering Defendants are barred by operation of the
applicable statute of limitations, including 42 Pa. C.S.A. § 5524 and 40 P.S. § 1301.605.
39. All claims that might have been asserted by Plaintiff including claims for medical
expenses are barred by operation of the applicable statute of limitations.
40. Plaintiffs claims are limited and barred by Section 103, 602 and 606 of the Health
Care Services Malpractice Act of 1974, 40 P.S. § 1301, et seg., as amended.
41. Plaintiffs claims are limited and barred by the provisions of the Medical Care
Availability and Reduction of Errors (MCARE) Act, 40 P. S. § 1303.101, et M.
42. Pa. R.C.P. 238 is unconstitutional on its face and as may be applied in this case.
6
43. Answering Defendants are entitled to and incorporates herein by reference the
defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660.
44. Plaintiffs claims, the existence of which is specifically denied by Answering
Defendants, may be reduced and/or limited by any collateral source of compensation and/or
benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer
Chester Medical Center.
45. Answering Defendants are entitled to and asserts all defenses available to it under the
Fair Share Act, 42 Pa. C.S. § 7102 B.
46. Plaintiffs claims against the "nurse" first identified in an Amended Complaint filed
after the statute of limitations ran, or arising from her conduct, are barred by the applicable
statute of limitations including 42 Pa. C.S.A. §5524 and 40 P.S. §1301.605.
WHEREFORE, Answering Defendants demand judgment in their favor and against all
other parties, including interest, costs and fees, and other relief deemed appropriate by this Court.
S
COL
DATE: February a' 2009 BY:
Craig On , P?Juire
4200 Crums i oad, Suite B
Harrisburg, PA 7112
(717) 651-3502
castone@mdwcg.com
Attorneys for the Defendants
ARNER
7
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
served upon the following known counsel of record this day of February, 2009, by
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
05/465725.v I
8
VERIFICATION
Linda T. Litton, M.D.., executrix, hereby states that she is authorized to make this
Verification on her own behalf, and verifies that the statements made in the foregoing Answer with
New Matter to Plaintiffs' Second Amended Complaint are true and correct to the best of her
knowledge, information and belief.
The undersigned understands that the statements herein made are subject to the penalties of
18 PA. C.S. §4904 relating to the unworn falsification to authorities.
v
t - WP?
LINDA T. LITTON, M.D.
Dated: (3
05l465731.v1
•FFP-c3-2009 09:44 From:
aR(FICATJON
717 651 9630 P.2/2
Ange 1lanmer, RN, hereby states that she is authorized to make this Verification on behalf
of Orthopedic Institute of Pennsylvania, and verifies that the statements made in the foregoing
Answer with New Matter to Plaintiffs' Second Amended Complaint are twe quid correct to the best
of her knowledge, information and belief,
The undersigned understands that the statements herein made are subject to the penalties of
18 PA, C.S. §4904 relating to the unsworn falsification to authorities.
C c iv,
RA MR, x
Dated: ,Z 12- 1 1
(717) 761-5530
_atient: Debra S. Davis Chart #: 16788001
DOB: 08/20/55 SSN: 191 46 0871 Page # 3
------------------------------------------------------------------------------
10/12/2006 JASON J. LITTON, M.D. -CONTINUED
OFFICE VISIT
hip flexion. Patellar tendon and ankle reflexes are normal with no sensory
deficits noted. There are normal distal pulses. There is no pain with
straight leg raising in either lower extremity.
DIAGNOSIS: Trochanteric bursitis of the right hip and perhaps sciatica.
PLAN: The options of treatment were explained. Today; I injected her
trochanteric bursa with Lidocaine and 2 cc of Triamcinolone. She is to
return if her symptoms persist or recur.
JJL/ckb
cc: James Thompson, M.D. faxed
RADIOLOGY RESULTS
LUMBOSACRAL SPINE: Radiographs of her lumbosacral spine taken in our office
today show the bony architecture is intact without evidence of fracture or
dislocation. No significant soft tissue abnormality is seen.
..IMPRESSION: See above study.
JJL/ckb
PELVIS: Radiographs of her pelvis taken in our office today show the bony
architecture is intact without evidence of fracture or dislocation. No
significant soft tissue abnormality is seen.
IMPRESSION: See above study.
JJL/ckb
RIGHT HIP: Radiographs of her right hip taken in our office today show the
bony architecture is intact without evidence of fracture or dislocation. No
significant soft tissue abnormality is seen.
IMPRESSION: See above study.
JJL/ckb
LTR-INITIAL CONSULT
(Ref) WILEY, CRNP, TRACY
11/16/2006 JASON J. LITTON, M.D.
OFFICE VISIT
3399 Trindle Road Office
CHIEF COMPLAINT: Right hip pain.
HISTORY OF COMPLAINT: Debra had very little pain following the injection of
OIP 15
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
(717) 761-5530
Patient: Debra S. Davis Chart #: 16788001
DOB: 08/20/55 SSN: 191 46 0871 Page 4 4
----------------------------.---------------------------------------•-----------
11/16/2006 JASON J. LITTON, M.D. -CONTINUED-
OFFICE VISIT
the trochanteric bursa of her right hip on 10-12-06 but now her symptoms are
recurring. She has pain when she tries to rest on her right side and she also
has pain with normal ambulation.
REVIEW OF SYSTEMS: The patient's review of systems, past medical history,
family history, and social history have been re-evaluated and reviewed.
PHYSICAL EXAM: She is a well developed, well nourished female in no acute
distress. She is alert and oriented times three. She is pleasant and
cooperative and is a good historian. Skin is normal color and temperature.
With gait, there is not a limp. Distal vascular, sensory and motor exam is
grossly normal. Calf is soft and non tender. She has tenderness over the
greater trochanter of the right_ hip.
Examination of the spine reveals normal posture with no scoliosis, lordosis
or kyphosis. There is no tenderness upon palpation of the lumbar spine or
the posterior superior iliac spines. No masses are palpable. Range of motion
of the lumbar spine reveals normal flexion and extension, normal rotation,
and normal lateral bending. Motor examination reveals normal extension of
great toe and knee, and normal active hip flexion. Patellar tendon and ankle
reflexes are normal with no sensory deficits noted. There are normal distal
pulses. There is no pain with straight leg raising in either lower
extremity.
DIAGNOSIS: Trochanteric bursitis, right hip.
PLAN: The options of treatment were explained. Today, I injected her
trochanteric bursa with Lidocai.ne and 2 cc of Triamcinolone. She is to return
prn.
JJL/ckb
cc: James Thompson, M.D. faxed
11/20/2006 JASON J. LITTON, M.D.
OFFICE VISIT
3399 Trindle Road Office
CHIEF COMPLAINT: I injected the greater trochanteric bursa of her right hip
on 11-16-06 and initially she did well but the next day her symptoms were
severe.
HISTORY OF COMPLAINT: She called me on the weekend and I prescribed Vicodin.
She works as a waitress and does not feel she can work today or tomorrow.
REVIEW OF SYSTEMS: The patient's review of systems, past medical history,
family history, and social history have been re-evaluated and reviewed.
PHYSICAL EXAM: She is a well developed, well nourished female in no acute
---------------------------------------------------------------
OIP 16
- :_i _ .- I C J 1 1 1 J!: , 1' 1', I J 1 4 .-j L L .' : --?
(717)' 761=5530
ratient: Debra S. Davis Chart #: 16788001
DOB: 08/20/55 SSN: 191 46 0871 Page # 5
------------------------------------------------------------------------------
11/20/2006 JASON J. LITTON, M.D. -CONTINUED-
OFFICE VISIT
distress. She is alert and oriented times three. She is pleasant and
cooperative and is a good historian. Skin is normal color and temperature.
With gait, there is not a limp. Distal vascular, sensory and motor exam is
grossly normal. Calf is soft and non tender. She has full painless ROM in
her right hip and marked tenderness over the greater trochanter of her right
hip.
Examination of the spine reveals normal posture with no scoliosis, lordosis
or kyphosis. There is no tenderness upon palpation of the lumbar spine or
the posterior superior iliac spines. No masses are palpable. Range of motion
of the lumbar spine reveals normal flexion and extension, normal rotation,
and normal lateral bending. Motor examination reveals normal extension of
great toe and knee, and normal active hip flexion. Patellar tendon and ankle
reflexes are normal with no sensory deficits noted. There are normal distal
pulses.. There is no pain with straight leg raising in either lower
extremity-
DIAGNOSIS: Trochanteric bursitis and a pain reaction to the injection of
steroid.
PLAN: I expect that her symptoms will improve after today. She is to return
prn.
JJL/ckb
cc: Tracy Wiley, CRNP faxed
11/30/2006 JASON J. LITTON, M.D.
OFFICE VISIT
3399 Trindle Road Office
CHIEF COMPLAINT: Debra said that she is still having pain on the lateral
side of her thigh.
REVIEW OF SYSTEMS: The patient's review of systems, past medical history,
family history, and social history have been re-evaluated and reviewed.
PHYSICAL EXAM: On examination today, I found she has diffuse redness on the
lateral side of her thigh and tenderness. No fluid collection was palpated.
Hip motion was not painful.
DIAGNOSIS: I feel she has a cellulitis on the lateral side of her thigh.
PLAN: I have placed her on Keflex 500 mg q.i.d. and she is going to stay at
home. She will call if her symptoms worsen, otherwise, I will see her four
days from now. If she hasn't improved or her symptoms worsen, I told her she
would have to be admitted to the hospital. She was told that I definitely
want to see her this coming Monday morning.
OIP 17
FLED-0--I-iCF'
DF THE '")
20G9 SEP 16 PH 1, 4,4
Cuh?' ;? ,,$€Y
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
---------------------------- - ------ ---
CAPTION OF CASE
(entire caption must be stated in full)
Debra Davis and James Davis
vs.
Linda Taft Litton, et al.
No2008-06120-P Term
No. ,
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Motion for Partial JUAgMaDt Based can the Pleadings
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Joseph S. Lukomski, Esquire, 175 Bustleton Pike, Feasterville, PA 19053
(Name and Address)
Craig A. Stone, Esquire, Michael C. Mongiello, Esquire
(b) for defendants:
4200 Crums Mill Road, Suite B, Harrisburg, PA 17112
(Name and Address)
3. 1 will,pot& all parties in writing within two days that this case has been listed for
4. Argument Court Date: November 25, 2009
Date: October 30, 2009
Sigh fufeUVI
Michael C. Mongiello, Esquire
Print your name
Defendants
Attorney for
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
C4- mac.- A,
FILED-OFFICE
OF THE PR TH0NOTARY
2009 NOV -2 PPS 3: 06
P ;`Ji'wS`fUVANA
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
By: Joseph S. Lukosmki, Esquire
I.D. No.: 28532
By: James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike
Feasterville, PA 19053
215.953.2712
Counsel for Plaintiff
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION -MEDICAL
PROFESSIONAL LIABILITY ACTION
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
PLAINTIFF'S RESPONSE TO'DEFENDANTS' MOTION FOR PARTIAL JUDGMENT
ON THE PLEADINGS BASED ON THE STATUTE OF LIMITATIONS
Debra Davis and James Davis, h/w, (hereafter "Plaintiffs"), by and through their
undersigned counsel, hereby file this Response to Defendants' Motion for Partial
Judgment on the Pleadings Based on the Statute of Limitations, and aver the following
in support thereof:
Admitted.
2. Admitted. By way of further response, Plaintiffs' Complaint contained a
typographical error in stating that the injection occurred on November 16, 2008, when
Q ?.
the actual date of the alleged negligently-administered injection to the right hip was
November 16, 2006. (See Plaintiffs' Response to Defendants Request for Admission
Pursuant to Pa.R.C.P. 4014, attached hereto as Exhibit "A").
3. Admitted. By way of further response, said Complaint speaks for itself.
4. Admitted.
5. Admitted.
6. Admitted in part, denied in part. It is admitted that Plaintiffs First
Amended Complaint alleged that a nursing/staff agent/employee of OIP administered
the injection of November 16, 2006. It is denied that a new "cause of action" was
alleged. To the contrary, Plaintiffs had alleged that Dr. Litton was negligent and that his
negligence was imputed to OIP via the doctrine of respondeat superior both in their
initial and their First Amended Complaint. (See Plaintiffs Complaint and First Amended
Complaint attached hereto as Exhibit "B" and "C", respectively).
7. Admitted. By way of further response, see paragraph 6, supra.
8. Admitted. By way of further response, a claim, i.e., "cause of action" for
vicarious liability was pleaded in Plaintiffs' initial complaint. Thus, no new "cause of
action" was pleaded in Plaintiffs' amended complaints. Such an amendment and/or
amplification of facts within an existing cause of action is a permissible amendment
pursuant to the liberal standard applied under Pa.R.C.P. 1033.
9. Admitted, by way of further response, Plaintiffs complaint and amended
complaints speak for themselves.
10. Admitted. By way of further response, said Second Amended Complaint
speaks for itself.
11. Admitted. By way of further response, said Second Amendment
Complaint speaks for itself.
12. Admitted. By way of further response, said Second Amendment
Complaint speaks for itself.
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Denied. To the contrary, defendant Jason J. Litton, M.D., (hereafter
"Litton"), died on September 5, 2008. (See Plaintiffs' Second Amended Complaint, 14
and Defendants' Answer with New Matter to Plaintiffs' Second Amended Complaint, 14,
attached hereto as Exhibits "D" and "E" respectively. As a result, the original statute of
limitations period, which would have admittedly expired on November 16, 2008, was
extended with regard to claims made against Litton to one (1) year after his date of
death pursuant to 20 Pa.C.S.A. §3383. Thus, all claims raised against Litton in
Plaintiffs' Second Amended Complaint that was filed on January 20, 2009, were
therefore timely pleaded. Moving Defendants have conceded the same in light of the
foregoing statute. (See email correspondence dated 11/2/09 and 11/3/09 between
counsel confirming the same, attached hereto as Exhibit "F).
18. Admitted in part, denied in part. It is admitted that Plaintiffs' amended
complaints amplified and expanded upon existing causes of actions, i.e., negligence
and vicarious liability, which causes of action were pleaded in Plaintiffs' initial complaint
filed on October 13, 2008. It is specifically denied that Plaintiffs' amended complaints
set forth new "causes of action".
19.Admitted in part, denied in part. It is admitted that the causes of action) set
forth in Plaintiffs' initial complaint filed on October 13, 2008, are viable. As set forth in
117 supra, all claims raised against Litton in Plaintiffs Second Amended complaint
were timely filed as admitted by the Defendants. In addition, the "causes of action" set
forth in Plaintiffs' amended complaints are the same causes of actions pleaded in their
initial complaint, i.e., negligence and vicarious liability. Plaintiffs merely expanded upon
and amplified the facts supporting such causes of action, and all claims against
defendants Litton and OIP are viable and timely.
WHEREFORE, Plaintiffs, Debra Davis and James Davis, h/w, respectfully
request that this Honorable Court deny Defendants' Linda Taft Litton's, Executrix of the
Estate of Jason J. Litton, M.D., and Orthopedic Surgeons, Ltd.'s, d/b/a Orthopedic
Institute of Pennsylvania, Motion for Partial Judgment on the Pleadings.
Respectfully submitted,
By:
Jo eph S. ukomski, Esquire
J *es E. ockenberry, Esquire
Co for Plaintiffs
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
By: Joseph S. Lukosmki, Esquire
I.D. No.: 28532
By: James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
Counsel for Plaintiff
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION -MEDICAL
) PROFESSIONAL LIABILITY ACTION
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
1. FACTS AND BACKGROUND
Debra Davis and James Davis, h/w, (hereafter "Plaintiffs"), commenced this
medical negligence action against Linda Taft Litton, Executrix of the Estate of Jason J.
Litton, M.D., deceased (hereafter "Litton") and Orthopedics Surgeons, Ltd., d/b/a
Orthopedic Institute of Pennsylvania, (hereafter "OIP"), via Complaint on October 13,
2008, in the Court of Common Pleas for Cumberland County. (A true and correct copy
of said Complaint is attached hereto as Exhibit "A"). The gravamen of this initial
Complaint, which was not verified by either of the plaintiffs, was that Litton, an
orthopedic surgeon, failed to use a clean or sterile technique in injecting plaintiff, Debra
Davis', trochanteric bursa on November 16, 20061, and that as a result, staphylococcus
aureus bacteria, which is normally present on the surface of the skin, was caused enter
into her bursa, in turn causing a severe infection. (Id.). Specifically, in the initial
Complaint, plaintiffs alleged, inter alia, the following:
1. Litton was negligent; (Id. at 115)
2. Litton was acting in his capacity of an agent, servant, workman,
and/or employee of defendant "OIP", and OIP is therefore liable for
Litton's negligence; (Id. at %%3, 5, and 15).
On or about December 12, 2008, plaintiffs filed a First Amended Complaint,
which was verified by plaintiff, Debra Davis, which, asserted that an unknown nurse
administered the injection on November 16, 2006. (A true and correct copy of Plaintiffs'
First Amended Complaint, is attached hereto as Exhibit "B", ¶9). Specifically, the First
Amended Complaint, alleged, inter alia, the following:
1. Litton was negligent; (Id. at 117)
2. OIP was negligent; (!d. at 117)
3. Litton was acting in his capacity of an agent, servant, workman,
and/or employee of defendant "OIP", and OIP is therefore liable
Litton's negligence; (Id. at ¶¶3, 5, and 17).
Plaintiffs concede that the underlying statute of limitations is two (2) years, therefore requiring a civil faction
to be commenced against the appropriate defendants by November 16, 2008. Thus, Plaintiffs' initial complaint
was filed before the statute of limitations and their amended complaints were filed after the statute of
limitations. However, no new claims and/or parties were raised in the amended complaints.
4. The unknown nurse was acting in her capacity as an agent,
servant, workman, and/or employee of OIP, and OIP is therefore
liable for her negligence; (Id. at ¶¶10, 17, and 18).
Plaintiffs filed a Second Amended Complaint on January 20, 2009. (A true and
correct copy of Plaintiffs' Second Amended Complaint is attached hereto as E*hibit,
"C"). Plaintiffs alleged, inter alia, the following in their Second Amended Complaint!
1. Litton was negligent;
2. OIP was negligence;
3. Litton was acting in his capacity of an agent, servant, workmanl,
and/or employee of defendant "OIP", and OR is therefore! liable
Litton's negligence; (Id. at ¶¶3, 5, and 17); and,
4. The unknown nurse was acting in her capacity as an agent,
j
servant, workman, and/or employee of OIP, and OIL' is th?r?fOre
liable for her negligence; (!d. at I x(10, 17, and 18).
Defendants now move for partial summary judgment alleging that partial Ili,
judgment on the pleadings should be granted and that all of Plaintiffs'
their amended complaints should be barred based upon the statute of Iii
in
However, counsel for Defendants have conceded that all claims made against
defendant Jason J. Litton, M.D., deceased, were timely raised in light of, 20 Pa. SLA.
§3383, which statute extends the statute of limitations one (1) year from the t aso
date of death. In this case, Litton died on September 5, 2008, thereby extending the
statute of limitations period to September 5, 2009, before which date Plbintiff a*i
21t is important to note that no new arties were added in the Plaintiffs amendog com is ts?
Amended Complaint was filed. (See email correspondence dated 11/2/+09 and 11/3109
alll
between counsel confirming the same, attached hereto as Exhibit "F"). Thus, as
claims against Litton have been brought within the applicable statute of
remaining issue is whether Defendants' pending motion is limited to (1) IPlai!
vicarious liability claim against OIP for the negligence of the unknown nurse;
Plaintiffs' vicarious liability claim against OIP for Litton's negligence in sops
unknown nurse. (See Exhibit "F" attached hereto). Plaintiffs will therefo?e
these two (2) alleged bases for partial judgment on the pleading
11. LEGAL ARGUMENT
Plaintiffs concede that the applicable statute of limitations govermIng
is two (2) years pursuant to 42 Pa.C.S.A. §55243. As Plaintiffs' claims
alleged negligence that occurred on November 16, 2006, a civil action
commenced against the appropriate parties on or before November 16,
Defendants assert, Plaintiffs' complaint naming all of the defendants ho(ein
October 12, 2008, and was therefore timely.
The law provides that a Plaintiff may amend his complaint after the r
the statute of limitations if the subsequent amendment serves to ampliN or
existing cause of action. Sanchez v. City of Philadelphia, 448 A.2d 588, 302
184, 187 (Pa. Super. 1982). A cause of action is defined as "negligent pct or
occasioned the injury." Id. The Court has defined the proper test to define a
action as "whether an amended statement presents a new and differerll ca
action, would a judgment bar any further action on either, does the
, the
(2)
the
bleen
led on
the
ich
3Plaintiffs incorporates the well-known standard for deciding motions for judg ent on
pleadings as contained in Defendants' brief, and will not needlessly duplicate the sa here.
damages support both, is the same defense open in each, and is the same m0a?ure of
proof required?" School District of Borough of Shenandoah v. City of Phi?adelphi ?9
A.2d 433 (Pa. 1951).
Defendants rely heavily on the cases of
Center, 482 Pa. 441, 393 A.2d 1188 (Pa. 1978) and Connors v. Alleahei iv LGE
Hospital, 461 A.2d 600 (Pa. 1983), for their assertion that Plaintiffs' vica ious
claims against OR based upon the negligent acts and/or omissions of 1 e un
nurse and Litton should be time-barred. However, as is evidence, thes cas(
others discussed below, do not support such a conclusion, and are easi
distinguishable from the instant case.
In Willin er, the minor plaintiff underwent general anesthesia in p?reparaltion for a
tonsillectomy. Id. at 444. The anesthesia was administered by a nurse anest
i
negligently, and as a result the minor plaintiff suffered severe brain damage a
l
ultimately died. Id. at 444-445. The defendant hospital apparently filed a join
complaint against additional defendant Dr. Go, alleging that he was indl?idual
negligent in the administration to the minor plaintiff. Id. at 448 (fn. 2). ?Ollowj
plaintiffs case at trial, the defendant hospital moved to amend its complaint agai st Dr.
Go to assert that he was vicariously liable for the negligence of the nurse anesthetist.
f
The Supreme Court, in a footnote, summarily dismissed the hospital's argument and
stated that "[s]uch an amendment would have raised a new cause of anion a ai st Dr.
Go.". Id.
It should be noted that this issue was not the thrust of the appeals and v a
addressed in a footnote that cited one (1) case. Moreover, unlike in li er, a
vicarious liability claim against OIP was, in fact, made in Plaintiffs' first complaint filed
prior to the expiration of the statute of limitations. (See Exhibit "A", a ¶¶, 5, a d {15).
Thus, in their amended complaints, Plaintiffs did not raise a "new cause lof action" that
had no before been pleaded. To the contrary, as subsequent case law that a dr soe;
the issue of amended pleadings directly, Plaintiffs amended complaints merely
amplified the vicarious liability claim and stated other ways in which OIP was c?riOusly
liable.
Five (5) years following the Willin er decision, the Supreme Court directly
addressed at length, vis-a-vis a footnote reference, the issue of amend d'ple pleadings
after the applicable statute of limitations in the case of Connor v. All n G n r l
Hospital, 501 Pa. 306, 461 A.2d 600 (Pa. 1983). In the Connor case, t e plaintiff
underwent a barium enema on November 26, 1973, during which proce Aire barium
solution leaked out of perforation in her colon into her abdominal cavity necessitating a
surgery to remove the barium. Id. at 308. In her complaint, the plaintiff allege hat the
hospital was individually and vicariously liable for negligence that consi teO of i tee- alia,
perforating her colon during the procedure causing barium peritonitis a d both isle
failing to use due care and caution under the circumstances." Id.
The plaintiffs expert would not testify at the trial, and plaintiff woo roqui?ed to
obtain a new expert. Id. at 308-309. The new expert was unable to deterlmino if the
plaintiffs colon was perforated before or during the barium enema, however h o pined
that there was a negligent delay in diagnosis. Id. at 309. As such, when the case was
called for trial again, the plaintiff filed a motion to amend her complaint! o incl de an
allegation of delayed diagnosis and treatment. Id. The Superior Court ?Ohel? the trial
court's decision to bar the amended based upon the statute of limitations, stating that
the amendment "`sought to add new allegations of negligent acts by pro eedino on a
different theory.'". Id. at 309-310.
The Supreme Court in Connor , relying on its prior decision in S a ffe v'
Larzelere, 410 Pa. 402, 189 A.2d 267 (Pa. 1963), reversed the Superior Clburtand
opined as follows:
In this case, [plaintiffs'] proposed amendment does, in
fact, amplify one of the allegations of the original complaint. Irk
their original complaint, [plaintiffs] did not merely allege thatl ho
barium enema had been negligently performed. Rather!
[plaintiffs] also alleged that [defendant], acting individually an
through its employees, was negligent `[i]n otherwise failing to
use due care and caution under the circumstan s."
case.
prejudice to [defendant]. In view of the policy that the ht
to amend should be liberally granted, and in view of the ff cat
that he amendment in this case would have not have wort ed
a prejudice against [defendant], it was an abuse of discrelt on
for the trial court to refuse the proposed amendment, and it
was error for the Superior Court to uphold the trial coin 's
action."
Connor, at 310-311. As set forth above, in this case, allegations of vicarious Lability:
were made against OIP in the very first complaint. In Plaintiffs' amend' complaints,
there was no change of the original cause of action, but merely an amplification of that
vicarious liability. Put another way, Plaintiffs originally alleged that OIP s HEN for
the actions of one of its employees (Litton) and subsequently alleged that it was liable
for the actions of another one of its employees involved in the same "t nsacti or
occurrence" giving rise to this action. Thus, no prejudice to the
established.
In another illustrative case, the Superior Court held that adding a
interference claim after the statute of limitations has expired in a legal
was a permissible amendment as it merely amplified the legal malprai
McCartney v. Dunn & Conner. Inc., 386 Pa.Super. 563, 563 A.2d 525
In the McCartney case, the plaintiff, a physician, sued the defendant I
that the law firm had been negligent in representing him in a prior law
The plaintiff-physician's original complaint, filed on October 15, 1986,
following allegations:
bd
ilpra ti case
e claim.
a,Su er 1089).
firm la ming
Id. at 150'5.
stained the
73. The acts and omissions of the Defendants, as descri ed
above, fell below the applicable standards of care owed by
Defendants to McCartney.
74. The Defendants failed to exercise on behalf of McCart e
the skill, knowledge, diligence and judgment ordin ri
possessed and employed by practitioners of the leg
profession.
Id. at 570. On July 8, 1988, the plaintiff-physician filed a motion to
complaint seeking to plead that the defendants were negligent in failings to
h
different theories of liability in the underlying/previous lawsuit. Id. at 56P. Spocificdlly,
the plaintiff-physician claimed that the defendants were negligent in failing to
to raise a tortious interference claim. Id. at 568-569.
The defendants objected to any such amendment on the basis
limitations had expired. Id. at 569. In relying upon both the
him
of
and Connor cases, the Superior Court held that "[i]t was an abuse of di0cretion fOthe
trial court to have refused to consider the motion to amend the complaint. [Plaintiffs]
proposed amendment is not a new cause of action, but an amplification of all
of negligent legal representation which are part of his original complaint." !d.
570. After a lengthy discussion of the Connor case, the Superior Court
that it was "convinced that [plaintiffs] proposed amendment is not barred byte t tute
of Limitations, because it is not a new cause of action, but merely an a plif i n bf his
original allegations of legal malpractice." !d. at 571.
The facts in this case are analogous to those in the McCartney case. la ntiffs'
original complaint sounded in medical negligence, just as the plaintiffs original
complaint in McCartney sounded in legal negligence. Just as the plaintiff sou h? to
"amplify" his legal malpractice claim by asserting a more specific way in which the
defendants were negligent, Plaintiffs herein merely "amplified" their am nded
complaints to assert a more specific ways in which OIP was vicariously iable. As such,
the claims in Plaintiffs' amended complaints should be allowed.
III. CONCLUSION
As set forth in the foregoing brief, it is clear that when a claim of
is asserted in a timely manner, such as a negligence claim or vicarious liability claim,
and later amendment are not seeking to add a new claim or cause of action, putt merely
amplify the ways in which the defendant was negligent or vicariously liaple,
amendments are allowed. Such is the case in this matter: Plaintiffs
vicarious liability claim against OIP in their original complaint. Plaintiffs'
complaints merely amplify how OIP is vicariously liable, which is
BY:
Respectfully submitted,
Jo eph S. ukomski, Esquire
J mes E. tfockenberry, Esqui
C or Plaintiffs
Dated: I I'L c9
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
By: Joseph S. Lukosmki, Esquire
I.D. No.: 28532
By: James E. Hockenberry, Esquire
I . D. No.: 91133
175 Bustleton Pike
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
COURT OF COMMON PLI
CUMBERLAND COUNTY,
ANIA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
Counsel for Plaintiff
NO.: 2008 - 6120
) CIVIL ACTION -MEDICAL
) PROFESSIONAL
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire, counsel for Plaintiffs, Debra and Ja e
Davis, h/w, in the above-captioned matter, hereby certify that I served a true d correct
copy of Plaintiffs' Response to Defendants' Motion for Partial Summary Judgment on
the Pleadings Based Upon Statute of Limitations and accompanying M more id um of
Law via first-class, United States mail, postage pre-paid, and facsimile, s foil .
Craig A. Stone, Esquire
Marshall, Dennehey, et al.
4200 Crums Mill Road, Suite "B"
Harrisburg, PA 17112
By:
w
Mod %OE Palofoay %om
Ln?r Orri?:r:
kOV NER, ALLEN, ROV NER, ZIMMERMAN AND NASHt
ROBERT A. ROVNER 175 BUSTLETON PIKE NEW, JERSEY OFFICE
BRUCE S. ALLEN FEASTERVILLE, PA 19053-6456 CHERRY HILL PROFESSIONAL BUILDING
HOWARD P. ROVNER
JEFFREY 1. ZIMMERMAN
PH1LA. (215) 698-1800
ERIC S. NASIi
JEFFREY A. SIGMAN BUCKS CO. (215) 322-0411
JOSEPH S. LUKOMSKI-
-•
(215) D-1-A-L-L-A-W
CHERYL B. WOLF
STEVEN L. ROVNER-•• TOLL FREE (888) D-I-A-L-L-A-W
ROBIN C. SCOLNICK- FAX# 215-355-0940
JEFFREY D. SCHMIDT
NEIL P. GREENBERG-
ANTHONY W. ZICCARDI
JAMES E. HOCKENBERRY
ELLEN KAHHAN
MEMBER OF PA, NJ & TENN. BARS 2009
May 22
-• MEMBER OF PA & NJ BARS ,
-•• MEMBER OF PA. NJ & FL BARS
Via Certified Maul No.: 7007 2560 0002 2810 9328
41I R1. 0 EAST, SUITE 100
CHER Y HILL, NJ 08034
56795.5111
JOSEPH S. LUKOMSKI
MANAG NG NJ ATTORNEY
REPLY TO:
FEAS ERVILLE OFFICE
} W OFFICES OF
ROBER A. ROVNER, P.C.
Internet: www.dial-lawxom
Craig A. Stone, Esquire
Marshall, Dennehey, et al.
4200 Crums Mil, Road
Suite B
Harrisburg, PA 17112
Re: Daaris, et ux, v. Orthopedic Surgeons, Ltd., et a/.
Court of Common Pleas for Cumberland County
No.: 08 - 6120
Dear Mr. Stone:
Enclosed please find Plaintiffs' Response to Defendants' Request fordmission
Pursuant to PaR.C.P. 4014.
If you hate any questions or would like to discuss this matter, please c ntact me
at 215.953.273Q ext. 2311.
I
JEH/
Enclosure
cc: Ms. Debra Davis (w/ enclosure)
Very truly.yours,
TJAMEE.OCKENBERRY
D T n i?'I
r MAY 2 6 2609
P (4 Cx "x, r
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w )
I
Plaintiffs, ) NO.: 08 - 6120
Civil Action - Medical
Professional Liability
ORTHOPEDIC SURGEONS, LTD., ) Action
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA )
i
and )
LINDA TAFT LITTON, )
Executrix of the `Estate
of Jason J. Litton, M.D., )
deceased
Defendants.
PLAINTIFFS' RESPONSE TO DEFENDANTS REQUEST FOR ADMIS51 N
PURSUANT TO Pa.R.C.P. 4014
1. Yes. It is specifically admitted that the "injection" referred to in paragraphs
^ 13, 19, 24, and 30 of P!aintiffs' Second Are ended Complaint was .g ven to
,., 14,
Plaintiff, Debra Davis, on November 16, 2006.
Respectfully submitted,
BY:
J mes Hockenberry, Esquire
1. M-W 3
Counsel for Plaintiffs
Rovner, Allen, Rower, Zimmerman & dash
175 Bustleton Pike
Feasterville, PA 19053
215.953.2730, ext. 2311
hockenj(aD-dial-law.com
ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH
175 BUSTLETON PIKE, FEASTERVILLE. PA 19053.6456
VERIFICATION
I, DEBRA DAVIS, verify that the statements made in the foregoing writing are true
and correct to the best of my knowledge, information and belief. I understand that the statements
therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswbrn falsification to
authorities.
DEBRA DAVIS
DATED:
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA - (Civil Division)
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON,
Executrix of the Estate
of Jason J. Litton, M.D.,.
deceased
Defendants.
NO.: 08 - 6120
Civil Action - Medical
Professional Liability
Action
CERTIFICATE OF SERVICE
I, JamesE. Hockenberry, counsel for Plaintiffs in the above-captioned matter,
hereby certify that I served a true and correct copy of Plaintiffs' Responsje to
Defendants' Request for Admission Pursuant to Pa.R.C.P. 4014 via certified mail #7007
2560 0002 2810 9328, on the AW21If day of May. 2009, as follows:
Craig A. Stone, Esquire
Marshall, 'Dennehey, et al.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
BY:
Respectfully submitted,
Ja . Hockenberry, Esquire
I. D. 91133
Counsel for Plaintiffs
ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH
175 BUSTLETON PIKE, FEASTERVILLE, PA 18053-6456
PON
QC'T-21-2008 06:57 From:
R/JVt R, ALLEU, Rpyr78R, %IXORMAX
Joseph S. Lukomski, Esquire
I.D. No.: 285322
JaKies e. Hockenberry, Esquire
I.D. NO.: 91133
175 Sustleton Pike
FeastetvIlle, QA 19053
215.953.2712
DEBRA DAVIS and JAMES !
DAVIS, h/w
8301 Presidents Drive !
Apt. 322
New Kingston, PA 17072 !
Plaintiffs,
V.
ORTHOPEDIC SURGGONSt LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
3399 Trindle Road
Camp nil, ph 11011
and
LINDA TACT LITTON, Executrix
of the testate of JASON J.
LITTON, H.D.
c/o Stanley A. Smith, Esquire
Rhoades ` Sinon
one South Market Square
P.O. BOX 1146
Harxisburg, PA 17108-1146
UN7 V MSITY OF PENNSYLVANIA
HEALTH SYSTEM
Defendants.
To :14'
. j Cop t here u!19v dot +M ? r
tn:?nqtxIWW.
.: ,ti8 Stiff Olf ? CglY1t! r?+w:«s:{i.
NASH
!
Attorney for Plaintiffs
I
COOAT Or CdD!!" PLBAS MR
cu"Sn Am e0R? m , PZNN12YLVMXA
NO.: a- 0 ud eiv, l "ram
CIM ACTION - WEDICAL
V20?ftSI0NhL LIASILITY AXTION
You have hp9n evo0 in 9eur4, i? yotf "Jab to ftee+d A003 9t the tlai" aot forth in
the lollovinp• pege9, you Must tako action Kithia t*bn" 420) "18 &ftes "a asoplaint
and notice *:ca gazVed. by d0tstia9 O MC&LtOn appearagea per6nntlly or by 9 torney and
£fli" in usiting with the court Tout defeoaaa at objeeeiona t.0 the Clams! Ret forth
ege"at you. You axe w9xaed that if YOU !6141 to do ao the 4990 way pr" vj%bbut
you and a 3odgmant say be entered ughinat yon by the oomct without forthat nOtioa toe
a0y Money 01Ajand in the dompialnt or soar llny other o7•air or Beliet re"filted by the
pletntiff. Von my logo wonry or property oz othsf right. IL"ertent to ?a
Too 380=8 ?AM TMxs PAP" TO rotm Lhwm b,3 Wa. I! 7W co a" 1xvit A 70=jm OR
CAXW42 Arlon am, go TO OR Mt'PJI ft Tw orrox ftv ?am MAW To rum otf'1' VIUM Im
CADf MT rarpn low.
C=b*r1bld County saw AgeeoiAtion
2 Libesty H.enue
Carlisio, PA 1701!
117-240-3166
pGT=21- 06:57 From; To-141 P-74990 P.3'9
AND NOW, come plaintiffs, Debra Davis and James Davis, b/w,
by and through their unders-fined counsel, who aver the following:
1. Debra Davis, (hereafter "Plaintiff"), is an adult
individual residinq at 8301 Presidents Drive, Ap"t. 322, New
Kingston, Pennsylvania, and at 311 time material and relevant
hereto was the spouse of Janes T'iavis.
2. James Davis is an adult individual residing at 0301
Presidente Drive, Apt. 322, New Kingston, Pennsylvania, and at
a3.1 times material and relevant hereto was the spouse of
Plaintiff, Debra Davis.
3, orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "DIP"), is a corporation organized
and/ox existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all time
material and relevant hereto maintained an office at 3399 'rrindle
Road, Camp Hill, Pennsylvania, and which at all times material
and relevant hereto acted through its agent, servants worWo n,
and/or employee, Jason J. Litton, M.D., whose negligence is
imputed to 01P. Plaintiff is asserting a professional liability
claim against this defendant.
9, Defendant, Linda Taft Litton, is, upon information and
belief, the personal representative of the estate of Jason J.
Litton, M.D., (hereafter "Litton"), who died September 5, 2008,
whose address in her capacity as said personal representatives is
c/o Stanley A. Smith, Fsquire, Rhoades 6 Sinon, One.South Market
Square, P.Q. Box 1196, Harrisburg, Pennsylvania.
S. At all times material and relevant hereto Jason J.
Litton, M.D., was an adult individual and licensed physician who
at the time of the occu trence an o: about November 16, 4006, set
ford, more fully herein, purported to specialize in orthopedic
medicine and surgery, maintaining an office at c/o Orthopedic
institute of Pennsylvania, 3309 Trindle Road, Camp Hill,
Pennsylvania. At all. times material and relevant hereto, Litton
was the eMloyee and/or agent and/or ostensib'_e agent and/or
apparent agent of OIP. Plaintiff is asserting a professional
liability claim against: this defendant,
6. On or about October 12, 2006, Plaintiff was seen by
W tton at the OIp office on Trindle Road in Camp Hill after being
referred by Tracey Wiley, CRNP, for evaluation of her right hip.
1. Oaring the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursi.tis of
the right hip and perhaps sciatica and injected her trochanteric
bursa with Lfdocaine and 2 cc's of Triamclnolone with
instructions to return if her symptoms persist or recur.
6. On November 16, 2009, Plaintiff returned to CIP and
again saw Litton because of recurring symptoms in her right hip,
9. During the November 16, 2008, visit, Litton again
performed an injection on Plaintiff's right hip, however, Litton
failed to use Lidocaine as an analgesic and also failed to use
any sterile or clean technique at the site of the injection,
despite the fact that he was performing an intra-articular
injection.
10. As a direct and proximate result of Litton .faiDire to
usa any clean. or sterile technique at. the site of the injection
on November 16, 2008, Plaintiff developed and suffered a severe
stapliylococcus aureus infection in her right trochanteric bursa
which developed into a severe infection.
11. As a directly and proximate result of Litton's failing
to use any sterile technique during his injection of November 16,
2006, Plaintiff suffered a severe infection, loss if income,
great vain and suffering, a surgical procedure and
hospitalization, permanent scarring, weakness, pain and
disability.
12. Paragraphs one (1) through eleven (ill are incorporated
by reference as if set forth at length herein.
13. Defendant Litton, at all times material and relevant
hereto, held himself out to the public. and to Plaintiff in
parLiculax, as healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and surgery.
15. Litton, as an agent, employes, servant, and/ox workman
of oIP, failed to prov1de reasonable healthcare under the
circumstances and Litton's acts and/or omissions fell below the
applicable stanoard of care and his negligence cansisted of the
following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2000;
;B) 'railing to use a sterile technique at the size of
the injection into plainti.ft' B trocharntexic bursa ..
on November 16, 2008; and,
(C) i:ailxng to use alcohol and/or povidone-iodine
(fttadine) on the surface of plaintiff's skin f
prior to the November 16, 2008, injection:
(0) Failing to recognize, diagnoats, and treat
Plaintiff for an infection following the Novembetr
16, 12908, injection.
16. As'a dixect and proximate result of the a.forenentioned
conduct, acts, and/or omissions of Defendant bitten, which
conduct, acts and/or omissions are imputed to defendant 01P
Plaintiff, suffered the following:
(Al A surgically implanted central line in her body
fo.r long-terra IV antibiotic therapy at home;
(B) A severs infection resulting from the introduction
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(U) loss of her .income, both past and future;
(E) A need to undergo extensive physical therapy,
(P) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and medical CO-
pays for necessary treatments
(N) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; and,
(J) rear of seeking medical treatment.
17. The aforesaid injuries caused Plaintiff to incur
medical bjils and/ox expenses and/ox healthcare liens for which
Plalntitf is responsible and which, arc recoverable from the
defendants herein pursuant to section 508 of the Medical Care
Avallabilily and Reduction of Error (MCARE) Act, 40 P.S.
51303.101, et seq.
WHFRErORE, Pla.i.nt i.f fs, Debra Davis and James Davis,
respectfully request that this Honorable Court canter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., Jointly and/or
severally in an amount in excess of $50,000.
QQM II - LOSS of &W
18. Paragraphs one (1) through seventeen 111) are
incorporated by reference as if set forth at length herein.
19, As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, plaintiff, James Davis has
a suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
WHCRZPORE, Plaintiff, James Davis, respectfully requests
Judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a orthopedic Inatitute of fnnsylvania and Linda Taft
Litton, ExecLtrix of -the Estate of Jason LJALOn, M.D., jointly
and/or severally in an amount in excess of $50,000.
Respectfully -sohnitted,
6X:
Uwseph Lukomaki, Esquire
c
nber:y,squirc
Hcckr
y,K-jRIlFICAIIQ
I, JAMES E. HOCM-BERRY, being duly sworn according to law, deposes and
says that he is authorivA to nu %e this Verification on behalf of the Flaintiff, and that the facts set
rorth in the foregoing PleWing are tnao and correct to the best of his knowledge, informtlon and
belief.
?._.. _ ;W1--tmvmL:ts-A%&J*CCL to lie penaitim of 18 Pa C.S. §4904 relating to .
unswom falsification to authorities,
ES HOc"XLETtBF..JMY,. E9QU1RE
DATW: tkwber II LM
SHERIFFS RETURN REGLThAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DAVIS DEBRA ET AL
VS
ORTHOPEDIC SURGEONS LTD ET AL
STEVE BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
ORTHOPEDIC SURGEONS LTD D/B/A ORTHOPEDIC INSTITUTE OF PENNA the
DEFENDANT , at 0012:30 HOURS, on the 15th day of October , 2008
at 3399 TRINDLE ROAD
CAMP HILL, PA 17011 by handing to
MALLORY MILLER OFFICE MANAGER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.00
Affidavit .00
Surcharge 10.00
Postage
A>1231a8 9- 42
42.42
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
10/16/2008
ROBERT ROVNER
By: AEZZ,
Deputy Sheri f
of A. D.
0 it
Mad %oc PapAODN %oot
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D, No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
V.
Plaintiffs,
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
LINDA TAFT LITTON, Executrix
of the Estate of JASON J. )
LITTON, M.D.
Defendants.
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 oboections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
PLAINTIFFS' FIRST AMENDED COMPLAINT
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following:
1. Debra Davis, (hereafter "Plaintiff"), is an adult
individual residing at 115 North 9th Street, Lemoyne,
Pennsylvania, and at all time material and relevant hereto was
the spouse of James Davis.
2. James Davis is an adult individual residing at 115
North 9th Street, Lemoyne, Pennsylvania, and at all times
material and relevant hereto was the spouse of Plaintiff, Debra
Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all times
material and relevant hereto maintained an office at 3399 Trindle
Road, Camp Hill, Pennsylvania, and which at all times material
and relevant hereto acted through its agents, servants, workmen,
and/or employees, specifically including the nursing staff and
Jason J. Litton, M.D., deceased, whose negligence is imputed to
OIP. Plaintiff is asserting a professional liability claim
against this defendant.
4. Defendant, Linda Taft Litton, is, upon information and
belief, the personal representative of the estate of Jason J.
Litton, M.D., who died September 5, 2008, and whose address in
her capacity as said personal representative is c/o Stanley A.
Smith, Esquire, Rhoades & Sinon, One South Market Square, P.O.
Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., (hereafter "Litton"), was an adult individual and
licensed physician who at the time of the occurrence on or about
November 16, 2006, set forth more fully herein, purported to
specialize in orthopedic medicine and surgery, maintaining an
office at c/o Orthopedic Institute of Pennsylvania, 3399 Trindle
Road, Camp Hill, Pennsylvania. At all times material and
relevant hereto, Litton was the employee and/or agent and/or
ostensible agent and/or apparent agent of OIP. Plaintiff is
asserting a professional liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Trindle Road in Camp Hill after being
referred to OIP by Tracey Wiley, CRNP, for evaluation of her
right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her trochanteric
bursa with Lidocaine and 2 cc's of Triamcinolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2008, Plaintiff returned to OIP and was
again examined by Litton because of recurring symptoms.in.her
right hip.
9. During the November 16, 2008, visit, following Litton's
examination of Plaintiff, and after Litton had exited the room, a
nurse entered the examination room and gave an injection into
Plaintiff's right hip.
10. The aforementioned nurse who gave Plaintiff the
injection on November 16, 2008, was, at all times material and
relevant hereto, the agent.and/or employee of OIP.
11. The aforementioned nurse who gave the injection on
November 16, 2008, failed to use Lidocaine as an analgesic and
also failed to use any sterile or clean technique at the site of
the injection
12. As a direct and proximate result of the nurse's and/or
Litton's failure to use any clean or sterile technique at the
site of the injection on November 16, 2008, Plaintiff developed
and suffered a severe staphylococcus aureus infection in her
right trochanteric bursa which developed into a severe infection.
13. As a direct and proximate result of the nurse's and/or
Litton's failing to use any sterile technique during his
II injection of November 16, 2006, Plaintiff suffered a severe
infection, loss if income, great pain and suffering, a surgical
procedure and hospitalization, permanent scarring, weakness, pain
and disability.
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS AND JAMES DAVIS V ORTHOPEDIC SURGEONS LTD., d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON
EXECUTRIX OF THE ESTATE OF JASON J. LITTON M.D.
14. Paragraphs one (1) through thi.r_teen (13) are
incorporated by reference as if set forth at length herein.
15. Defendant Litton, at all times material and relevant
hereto, held.himself out to the public, and to Plaintiff in
particular, as healthcare provider who possessed special skill
and knowledge in the area of orthopedic medicine and surgery.
16. Defendant, OIP, at all times material and relevant
hereto, helditself out as a healthcare practice which,. through
its professional healthcare workers, possessed special skill
and/or knowledge in the area of orthopaedic medicine and surgery.
17. Litton, as an agent, employee, servant, and/or workman
of OIP, and OIP, through its agent and/or employee nurse who
performed the injection on Plaintiff on November 16, 2008, failed
to provide reasonable healthcare under the circumstances and
Litton's and./or OIP's acts and/or omissions fell below the
applicable standard of care and their negligence consisted of the
following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(B) Failing to use a sterile technique at the site of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008; and,
(C) Failing to use alcohol and/or povidone-iodine
(Betadine) on the surface of Plaintiff's skin
prior to the November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November
16, 2008, injection; and,
(E) Permitting a nurse, or other non-physician, to
perform an injection into the Plaintiff's
trochanteric bursa.
18. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of Defendant Litton and/or the
nurse who performed the injection on November 16, 2008, whose
conduct, acts and/or omissions are imputed to defendant OIP, and
OIP itself, Plaintiff suffered the following:
(A) A surgically implanted central. line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the introduction
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and medical co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
19. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medical Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - LOSS OF CONSORTIUM
JAMES DAVIS V ORTHOPEDIC SURGEONS LTD., d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA AND LINDA TAFT LITTON, EXECUTRIX OF THE
ESTATE OF JASON J. LITTON, M.D.
20. Paragraphs one (1) through nineteen (19) are
incorporated by reference as if set forth at length herein.
21. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
WHEREFORE, Plaintiff, James Davis, respectfully requests
judgment in his favor and against Defendants Orthopedic Surgeons,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and Linda Taft
Litton, Executrix of the Estate of Jason J.. Litton, M.D., jointly
and/or severally in an amount in excess of $50,000.
Respectfully submitted,
BY:
jamtes. . Lukomski, Esquire
Hockenberry, Esquire
V E R I F 1 C A T I C, N
DEBRA DAVIS to _nr cul.y swm a_c-c --diii-i t:-, 1
deposes and say-sl that- he%shp is the Plaintiff heicl:i anal ic1C ?1;,=
fa.- t.s set forth in the foregoing pleading are true and correct to
che }Lest %f h:is/hez I.n-owle.dge informa..iVI'_ rd h l_ef. ir ___
staCement. 1S made subject. to the penalties of i8 PA.C.S. Secti.o,,
4934 rela! to unsworn falsification to autl orit es . "-? I
Dated S.! "-- / _Z
T_-.--" A...... 11,...... 7.....re,...w1 n1.rTXT .?oIi
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES )
DAVIS, h/w
Plaintiffs,
)
V.
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE ) CIVIL ACTION - MEDICAL
OF PENNSYLVANIA
PROFESSIONAL LIABILITY ACTION
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J. )
LITTON, M.D.
Defendants.
CERTIFICATE OF SERVICE
I, James E. Hockenberry, Esquire certify that a true and
correct copy of Plaintiff's First Amended Complaint was served
upon all counsel of record via First Class United States Mail on
December 12, 2008 at the following addresses:
Craig A. Stone, Esquire
Marshall, Dennehey, et al.
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
ROWER, ALLEN, ROWER,
ZIMMERMAN & NASH
AMES HOCKENBERRY, ESQUIRE
0 rk
Mad %0£ PBP&AM %00l
1.20-J7
ROVNER, ALLEN, ROVNER, ZIMMERMAN & NASH
Joseph S. Lukomski, Esquire
I.D. No.: 28532
James E. Hockenberry, Esquire
I.D. No.: 91133
175 Bustleton Pike Attorney for Plaintiffs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
V.
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 2008 - 6120
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M. D.
Defendants.
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
)
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
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
PLAINTIFFS' SECOND AMENDED COMPLAINT
AND NOW, come Plaintiffs, Debra Davis and James Davis, h/w,
by and through their undersigned counsel, who aver the following:
1. Debra Davis, (hereafter "Plaintiff"), is an adult
individual residing at 115 North 9th Street, Lemoyne,
Pennsylvania, and at all time material and relevant hereto was
the spouse of James Davis.
2. James Davis is an adult individual residing at 115
North 9th Street, Lemoyne, Pennsylvania, and at all times
material and_ relevant hereto was the spouse of Plaintiff, Debra
Davis.
3. Orthopedic Surgeons, Ltd, d/b/a Orthopedic Institute of
Pennsylvania, (hereafter "OIP"), is a corporation organized
and/or existing under the laws of the Commonwealth of
Pennsylvania, and is engaged in the business of providing
healthcare and services to the general public, and at all times
material and relevant hereto maintained an office at 3399 1'r_ind:l.e
Road, Camp Hill, Pennsylvania, and which at all times material
and relevant hereto acted through its agents, servants, workmen,
and/or employees, specifically including the nurse who performed
the injection on Plaintiff on November 16, 2008, and Jason J.
Litton, M.D., deceased, whose negligence is imputed to OIP.
Plaintiff is:•asserting a professional liability claim against
this defendant.
4. Defendant, Linda Taft Litton, is, upon information arid
belief, the personal representative of the estate of Jason J.
Litton, M.D., who died September 5, 2008, and whose address in
her capacity as said personal representative is c/o Stanley A.
Smith, Esquire, Rhoades & Sinon, One South Market Square, P.O.
Box 1146, Harrisburg, Pennsylvania.
5. At all times material and relevant hereto Jason J.
Litton, M.D., (hereafter "Litton"), was an adult individual arid
licensed physician who at the time of the occurrence on or about
November 16, 2006, set forth more fully herein, purported to
specialize in orthopedic medicine and surgery, maintaining an
office at c/o Orthopedic Institute of Pennsylvania, 3399 Trind.le
Road, Camp Hill, Pennsylvania. At all times material-and
relevant hereto, Litton was the employee and/or agent and/or
ostensible agent and/or apparent agent of 01P. Plaintiff is
asserting a professional liability claim against this defendant.
6. On or about October 12, 2006, Plaintiff was seen by
Litton at the OIP office on Trindle Road in Camp Hill after being
referred to OIP by Tracey Wiley, CRNP, for evaluation of her
right hip.
7. During the October 12, 2006, office visit, Litton
diagnosed Plaintiff as suffering from trochanteric bursitis of
the right hip and perhaps sciatica and injected her trochante.ri.c:
bursa with Lidocaine and 2 cc's of Triamcinolone with
instructions to return if her symptoms persist or recur.
8. On November 16, 2006, P.laint_iff returned to OJP and was
again examined by Litton because of recurring symptoms in her
right hi.p.
9. During the November 16, 2006, visit, foalowing Litton's
examination of Plaintiff, and after Litton had exited the room, a
nurse, whose name is known only to the Defendants herein, entered
the examination room and gave an injection into Plaintiff's right
hip.
10. The aforementioned nurse who gave Plaintiff the
injection on November 16, 2006, was, at all times material. and
relevant hereto, the agent and/or employee and/or servant of OIP
and was acting in the course and scope of her employment with
OIP.
11. The aforementioned nurse who gave the-injection on
November 16, 2006, failed to use Lidocaine as an analgesic: and
also failed to use any sterile or clean technique at the site of
the injection
12. As a direct and proximate result of the nurse's failure
to use any clean or sterile technique at the site of the
injection on November 16, 2008, Plaintiff developed and suffered
a severe staphylococcus aureus infection in her right
trochanteric bursa which developed into a severe infection.
13. As a direct and proximate result of Litton's failure to
(I) properly supervise the aforementioned nurse; (II) ensure the
aforementioned nurse use clean and/or sterile technique; and/or
(III) not permit the aforementioned nurse from performing L.he
November 16, 2008, injection, Plaintiff developed and
suffered a severe staphylococcus aureus infection in her right:
trochanteric bursa.
14. As a direct and proximate result of the nurse's fai.linq
to use any sterile and/or clean technique at the time of the
Plaintiff's injection of November 16, 2006, Plaintiff suffered a
severe infection, loss if income, great pain and suffering, a
surgical procedure and hospitalization, permanent scarring,
weakness, pain and disability.
15. As a direct and proximate result of L:itton's failure to
(I) properly supervise the aforementioned nurse; (1-1) ensure the
aforementioned nurse give a clean and/or sterile technique;
and/or (III). not permit the aforementioned nurse from performing
the November 16, 2006, injection, Plaintiff suffered a severe
infection, loss if income, great pain and suffering, a surgical
procedure and hospitalization, permanent scarring, weakness, pain
and disability
COUNT I - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS_V. LINDA TAFT LITTON, EXECUTRIX OF THE ESTATE OF
JASON J. LITTON, M.D. AND ORTHOPEDIC SURGEONS LTD d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
16. Paragraphs one (1) through fifteen (15) are
incorporated by reference as if set forth at length herein.
17. Defendant Litton, at all times material and relevant
hereto, held himself out to the public, and to Plaintiff in
particular, as a healthcare provider who possessed spec:i_aJ skill
and knowledge in the area of orthopedic medicine and surgery.
18. Defendant, OIP, at all times material and relevant
hereto, held itself out as a healthcare practice which, through
its professional healthcare workers, possessed special skill
and/or knowledge in the area of orthopaedic medicine and sut-oery.
19. Litton, as an agent, employee, servant, and/or workman
of OIP, failed to provide reasonable healthcare under the
circumstances and Litton's acts and/or omissions fell below the
applicable standard of care and his negligence, which is imputed
to OIP, consisted of the following:
(A) Failing to perform and/or failing to ensure that a
clean technique was used at the site of the
injection into Plaintiff's trochanteric bursa on
November 16, 2008;
(B) Failing to perform and/or failing to ensure that a
sterile technique was used at the site of the
injection into Plaintiff's trochanteric bursa on
November 16, 2008;
(C) Failing to use and/for filing to ensure that
alcohol and/or povidone-iodine (Betadine) was used
on the surface of Plaintiff's skin pr.i.o:r to the
November 16, 2008, injection;
(D) Failing to recognize, diagnosis, and treat
Plaintiff for an infection following the November_
16, 2008, injection; and,
(E) Permitting a nurse, or other non-physician, to
perform an inject_:i.or, into the P.la int:iff' s
trochanteric bursa.
20. As a direct and proximate result of the aforement=ioned
conduct, acts, and/or omissions of Defendant Litton whose
conduct, acts and/or omissions are imputed to defendant 0I1.31
Plaintiff suffered the following:
(A) A surgically implanted central. line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from t:he introducti.orn
of staphylococcus aureus bacteria into her right
trochanteric bursa;
(C) A surgical procedure on the :in ected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any collateral
source, including, medical bills and medical co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her contralateral hip; and,
(J) Fear of seeking medical treatment.
21. The aforesaid injuries caused Plaintiff to incur
medical bills and/or expenses and/or healthcare liens for which
Plaintiff is responsible and which are recove:rabLe f=rom thc_
defendants herein pursuant to Section 508 of the Medical. Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
41303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Tait 1JU-on,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT II - PROFESSIONAL NEGLIGENCE
DEBRA DAVIS V. ORTHOPEDIC SURGEONS LTD d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA
22. Paragraphs one (1) through twenty-one (21) are
incorporated by reference as if set forth at length herein
23. Defendant, OIP, at all times material and relevant
hereto, held itself out as a healthcare practice whic=h, through
its professional healthcare workers, possessed special skill
and/or knowledge in the area of orthopaedic medicine and surgery.
24. The nurse who performed the injection on November
16, 2006, and who was at all times material and relevant he re Lo,
an agent, employee, servant, and/or workman of OIP, failed to
provide reasonable healthcare under the circumstances and said
nurse's acts and/or omissions fell below the applicable standa=rd
of care and her negligence, which is imputed to OIP, consisted of
the following:
(A) Failing to use a clean technique at the site of
the injection into Plaintiff's trochanteric but-.sr)
on November. 16, 2008;
(B) Failing to use a sterile technique at the s'L_e of
the injection into Plaintiff's trochanteric bursa
on November 16, 2008;
(C) Failing to use alcohol and/or povidone-.iodine
(Betadine) on the surface of Plaintiff's skin
prior to the November 16, 2008, injection;
(D) Performing, as a non-physician, an injection irif:o
the Plaintiff's trochanteric bursa.
25. As a direct and proximate result of the aforementioned
conduct, acts, and/or omissions of OIP's agent and/or employee
and/or servant, the aforementioned nurse, whose conduct, acts
and/or omissions are imputed to defendant OIP, Plaintiff suffered
the following:
(A) A surgically implanted central line in her body
for long-term IV antibiotic therapy at home;
(B) A severe infection resulting from the introduction
of staphylococcus aureus bacteria into her r:ight.
trochanteric bursa;
(C) A surgical procedure on the infected hip and
hospitalization;
(D) Loss of her income, both past and future;
(E) A need to undergo extensive physical therapy;
(F) Great pain and suffering;
(G) expenses not otherwise covered by any co]..aLeral
source, including, medical bills and medical co-
pays for necessary treatment;
(H) Permanent scarring and disfigurement;
(I) Ongoing pain and weakness resulting in problems
with her cont.ralateral hip; arid,
(J) Fear of seeking medical treatment.
26. The aforesaid injuries caused Plai.ntiEf to i_ncur
medical bills and/or expenses and/or healthcare liens Eor wh.i.ch
Plaintiff is responsible and which are recoverable from the
defendants herein pursuant to Section 508 of the Medical Care
Availability and Reduction of Error (MCARE) Act, 40 P.S.
§1303.101, et seq.
WHEREFORE, Plaintiffs, Debra Davis and James Davis,
respectfully request that this Honorable Court enter judgment in
their favor and against Defendants Orthopedic Surgeons, Ltd.,
d/b/a Orthopedic Institute of Pennsylvania and Linda Taft Litton,
Executrix of the Estate of Jason J. Litton, M.D., jointly and/or
severally in an amount in excess of $50,000.
COUNT III - LOSS OF CONSORTIUM
JAMES DAVIS V. LINDA TAFT LITTON EXECUTRIX OF THE ESTATE OF
JASON J. LITTON, M.D. AND ORTHOPEDIC SURGEONS, LTD., d/b/a
ORTHOPEDIC INSTITUTE OF PENNSYLVANIA
27. Paragraphs one (1) through twenty-six (26) are
incorporated by reference as if set forth at length herein.
28. As a direct and proximate result of the injuries
suffered by Plaintiff, Debra Davis, because of the negligence of
Litton, which negligence is imputed to OIP, plaintiff, James
Davis has suffered, and will continue to suffer, the loss of the
services, support, and consortium of his spouse, Plair)Lill- Debra
Davis.
WHEREFORE, Plaintiff, James Davis, .respectfully :requesLs
judgment in his favor and against Defendants Orthoped=ic Surgeons,
Ltd., d/b/a Orthopedic Institute of Pennsylvania and ]_,:i.nda 'raft--
Litton, Executrix of the Estate of Jason J. Litton, M.D., jo.int:l.y
and/or severally in an amount in excess of $50,000.
COUNT IV - LOSS OF CONSORTIUM
JAMES DAVIS V. ORTHOPEDIC SURGEONS, LTD., d/b/a ORTHOPEDIC
INSTITUTE OF PENNSYLVANIA
29. Paragraphs one (1) through twenty-eight (28) are
incorporated by reference as if set forth at length herein
30. As a direct and proximate result of the aforementioned,
injuries suffered by Plaintiff, Debra Davis, as a result of the
negligence of the aforementioned nurse who performed the
injection on November 16, 2008, plaintiff, James Davis has
suffered, and will continue to suffer, the loss of the services,
support, and consortium of his spouse, Plaintiff, Debra Davis.
Respectfully submitted,
BY:
Jo ph Lukomski, Esquire
Jake s Hockenberry, Esquire
VERIFICATION
I, JAMES E. HOCKENBERRY, ESQUIRE, being duly sworn according to law,
deposes and says that he is authorized to make this Verification on behalf of the Defendants, and
that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge,
information and belief.
This statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to
unsworn falsification to authorities.
JAM E OCKENBERRY, ESQ[JIRE
L
DATED: Zo oy
MDd %0£ POIJA30U MM
CRAIG A. STONE, ESQUIRE
I.D. No. 15907
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3502
Attorney for Defendants
DEBRA DAVIS and JAMES DAVIS, h/w
Plaintiffs
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE OF
PENNSYLVANIA and LINDA TAFT
LITTON, Executrix of the Estate of
JASON J. LITTON, M.D. :
Defendants
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PA
No: 2008-06120-P
CIVIL ACTION - MEDICAL
PROFESSIONAL LIABILTY ACTION
JURY TRIAL DEMANDED
DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S
SECOND AMENDED COMPLAINT
AND NOW come the Defendants, Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute
of Pennsylvania (hereinafter referred to as "OIP") and Linda Taft Litton, Executrix of the Estate
of Jason J. Litton, M.D. (hereinafter referred to as "Dr. Litton"), sometimes referred to as
"Answering Defendants" by their attorneys Marshall, Dennehey, Warner, Coleman & Goggin
who answer Plaintiffs Second Amended Complaint, with New Matter, as follows:
1. Denied as stated. Rather, according to Defendants' records, Mrs. Davis' address was
PO Box 503, New Kingston, Pennsylvania 17072.
2. Denied as stated. Rather, according to Defendants' records, Mr. Davis' address was
PO Box 503, New Kingston, Pennsylvania 17072.
3. Denied as stated. Rather, it is averred that OIP is a professional corporation. At all
times material hereto, Dr. Litton was an agent of the professional corporation. After reasonable
investigation, Answering Defendants are without information or knowledge sufficient to form a
belief as to the identity of the unnamed agents, servants, workmen, employees, specifically
including an unidentified nurse, to whom reference is made in the corresponding paragraph of
Plaintiffs Second Amended Complaint. The agency and negligence of such individual(s) is
denied and strict proof, if relevant, is demanded at the time of trial. It is specifically denied that
any care was rendered to Plaintiff by any agent of OIP on November 16, 2008. The balance of
the averments of the corresponding paragraph of Plaintiffs Second Amended Complaint are
conclusions of law to which no answer is required. If an answer is deemed required, the same
are denied pursuant to Pa. R.C.P. 1029(e).
4. Admitted.
5. Denied as stated. It is admitted that Jason J. Litton, M.D. practiced in the specialty of
orthopedic surgery at all times material to Plaintiffs Second Amended Complaint. It is admitted
that Dr. Litton practiced at 3399 Trindle Road, Camp Hill, Pennsylvania and that he was an
agent of OIP. The remaining averments to the corresponding paragraph of Plaintiffs' Second
Amended Complaint are conclusions of law to which no answer is required. If an answer is
deemed required, the same are denied pursuant to Pa. R.C.P. 1029(e).
6. Admitted, according to Defendants' records.
7. Denied as stated. By way of further answer, Dr. Litton's progress note of October 12,
2006 is incorporated by reference as though fully set forth.
8. Denied as stated. By way of further answer, Dr. Litton's progress note of November
16, 2006 is incorporated by reference as though fully set forth.
2
9. Denied pursuant to Pa. R.C.P. 1029(e). By way of further answer, Defendant's
progress note of November 16, 2006 is incorporated by reference.
10. Denied for reasons set forth in paragraphs 3 and 9.
11. Denied for reasons set forth in paragraph 9.
12. The averments of the corresponding paragraph of Plaintiffs Second Amended
Complaint contain conclusions of law to which no answer is required. If an answer is deemed
required, the same are denied for reasons set forth in paragraph 9. It is specifically denied that
any care was rendered to Plaintiff by any agent of OIP on November 16, 2008.
13. Denied for reasons set forth in paragraph 12. It is specifically denied that any care
was rendered to Plaintiff by any agent of OIP on November 16, 2008.
14. Denied for reasons set forth in paragraph 12. After reasonable investigation,
Answering Defendants are without information or knowledge sufficient to form a belief as to the
truth of the allegations of damages in the corresponding paragraph of Plaintiffs Second
Amended Complaint, the same are therefore denied and strict proof, if relevant, is demanded at
the time of trial.
15. Denied for reasons set forth in paragraph 14.
Count I - Professional NeO ence
Debra Davis v. Linda Taft Litton Executrix of the Estate of Jason J. Li on M.D. and
Orthopedic Surgeons. Ltd., d/b/a Orthopedic Institute of Pennsylvania
16. The averments of paragraphs 1 through 15 of this Answer with New Matter are
incorporated by reference as though fully set forth.
17. Denied for reasons set forth in paragraph 5.
18. Denied for reasons set forth in paragraph 3.
3
19. Denied for reasons set forth in paragraphs 5 and 9. By way of further answer, at all
times material to Plaintiffs' Complaint, Dr. Litton met the applicable medical legal standard of
care. It is specifically denied that any care was rendered to Plaintiff by any agent of OIP on
November 16, 2008.
20. After reasonable investigation, Answering Defendants are without information or
knowledge sufficient to form a belief as to the truth of the averments of damages contained in the
corresponding paragraph of Plaintiffs Second Amended Complaint. The same are denied and
strict proof, if relevant, is demanded at the time of trial. If an answer is deemed required, the
averments are denied for reasons set forth in paragraphs 5 and 9.
21. Denied for reasons set forth in paragraph 20.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count II - Professional NezUzence
Debra Davis v. Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
22. The averments of paragraphs 1 through 21 of this Answer with New Matter are
incorporated by reference as though fully set forth.
23. Denied as stated and pursuant to Pa. R.C.P. 1029(e). By way of further, OIP does not
practice medicine.
24. Denied for reasons set forth in paragraphs 3 and 9. By way of further answer, it is
averred that all agents of OIP acted within the applicable medical legal standard of care in
providing the care and treatment to Mrs. Davis. It is specifically denied that any care was
rendered to Plaintiff by any agent of OIP on November 16, 2008.
25. Denied for reasons set forth in paragraph 19.
26. Denied for reasons set forth in paragraph 21.
4
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count IV - Loss of Consortium
James Davis v. Linda Taft Litton, Executrix of the Estate of Jason J. Litton, M.D. and
Orthopedic Surgeons, Ltd., d/b/a Orthopedic Institute of Pennsylvania
27. The averments of paragraphs I through 26 of this Answer with New Matter are
incorporated by reference as though fully set forth.
28. Denied for reasons set forth in paragraph 20.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
Count III - Loss of Consortium
James Davis v. Orthopedic Surgeons, Ltd d/b/a Orthopedic Institute of Pennsylvania
29. The averments of paragraphs 1 through 28 of this Answer with New Matter are
incorporated by reference as though fully set forth.
30. Denied for reasons set forth in paragraph 20. It is specifically denied that any care
was rendered to Plaintiff by any agent of OIP on November 16, 2008.
WHEREFORE, Defendants demand that Plaintiffs Second Amended Complaint be
dismissed with costs to them.
NEW MATTER
31. Answering Defendants hereby incorporate all averments of this Answer with New
Matter as if fully set forth.
32. Plaintiffs Amended Complaint fails to state a claim upon which relief can be granted
against Answering Defendants.
33. At all time relevant hereto, Answering Defendants and their agents complied with the
applicable standard of care.
5
34. At all times relevant hereto Answering Defendants acted within and followed the
precepts of a respected school of thought and, accordingly, all professional conduct was fully.
commensurate with the applicable standard of care. Evidence at trial may establish two or more
schools of thought applicable to the issues presented in this case.
35. Answering Defendants believe and therefore aver that evidence accumulated through
discovery and provided at trial may establish Plaintiff was contributorily or comparatively
negligent, and in order to protect the record, Answering Defendant hereby pleads contributory or
comparative negligence as an affirmative defense.
36. Answering Defendants are entitled to relief and contribution in accordance with the
Pennsylvania Comparative Negligence Act, 42 P.S. § 7102 as amended by Senate Bill 1089,
effective August 14, 2002.
37. Any acts or omissions of Answering Defendants alleged to constitute negligence were
not substantial causes, factual causes, or factors contributing to the injuries and damages alleged
in Plaintiffs Complaint.
38. Plaintiffs claims against Answering Defendants are barred by operation of the
applicable statute of limitations, including 42 Pa. C.S.A. § 5524 and 40 P.S. § 1301.605.
39. All claims that might have been asserted by Plaintiff including claims for medical
expenses are barred by operation of the applicable statute of limitations.
40. Plaintiffs claims are limited and barred by Section 103, 602 and 606 of the Health
Care Services Malpractice Act of 1974, 40 P.S. § 1301, et seg., as amended.
41. Plaintiffs claims are limited and barred by the provisions of the Medical Care
Availability and Reduction of Errors (MCARE) Act, 40 P. S. § 1303.101, et §M.
42. Pa. R.C.P. 238 is unconstitutional on its face and as may be applied in this case.
6
43. Answering Defendants are entitled to and incorporates herein by reference the
defenses contained in the Federal Health Care Quality Improvement Act, P.L. 99-660.
44. Plaintiffs claims, the existence of which is specifically denied by Answering
Defendants, may be reduced and/or limited by any collateral source of compensation and/or
benefit in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer
Chester Medical Center.
45. Answering Defendants are entitled to and asserts all defenses available to it under the
Fair Share Act, 42 Pa. C.S. § 7102 B.
46. Plaintiffs claims against the "nurse" first identified in an Amended Complaint filed
after the statute of limitations ran, or arising from her conduct, are barred by the applicable
statute of limitations including 42 Pa. C.S.A. §5524 and 40 P.S. §1301.605.
WHEREFORE, Answering Defendants demand judgment in their favor and against all
other parties, including interest, costs and fees, and other relief deemed appropriate by this Court.
ARNER
DATE: February C2 , 2009 BY:
Craig S n', uire
4200 Crums i oad, Suite B
Harrisburg, PA 7112
(717) 651-3502
castone@mdwcg.com
Attorneys for the Defendants
7
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing has been
1/1 - 4 day of February, 2009, by
served upon the following known counsel of record this
regular mail.
Joseph S. Lukomski, Esquire
James E. Hockenberry, Esquire
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
05/465725.v1
8
VERIFICATION
Linda T. Litton, M.D., executrix, hereby states that she is authorized to make this
Verification on her own behalf, and verifies that the statements made in the foregoing Answer with
New Matter to Plaintiffs' Second Amended Complaint are true and correct to the best of her
knowledge, information and belief.
The undersigned understands that the statements herein made are subject to the penalties of
18 PA. C.S. §4904 relating to the unworn falsification to authorities.
416
LINDA T. LITTON, D.
Dated: Q
05/465731A
FEB.-c3-2009 08:44 From:
VE&IFI CATION
717 651 9630 P.2/2
Ange Hamner, RN, hereby states that she is authorized to make this Verification on behalf
of Orthopedic Institute of Pennsylvania, and verifies that the statements made in the foregoing
Answer with New Matter to Plaintiffs' Second Amended Complaint are live and correct to the best
of her knowledge, information and belief,
The undersigned understands that the statements herein made are subject to the penalties of
18 PA. C.S. §4904 relating to the unsworn falsification to authorities.
/ ell
CC=
G. HANIVY R,
041
Dated; 2 21'
30% PGW
Page 1 of 1
Jim Hockenber
From: Mongiello, Michael C." <MCMongiello@mdwcg.com>
To: Jim Hockenberry<hockenj@dial-law.com>
Sent: Tuesday, November 03, 2009 9:28 AM
Subject: RE: Davis v. Litton
Mr. Hockenberry,
You are correct with regard to extension of the applicable statute of
limitations as to Dr. Litton (only) under 20 Pa.C.S.A. Section 3383
until 9/4/09. Your remaining understanding, however, is only partially
correct. The remaining arguments are that the following claims were
filed beyond the applicable statute of limitations: 1) your vicarious
liability claim against OIP for the acts of the unknown nurse who
allegedly administered the injection was filed beyond the statute of
limitations; and 2) your vicarious liability claim against OIP for the
acts of Dr. Litton in failing to properly supervise the aforementioned
nurse, in failing to ensure that the aforementioned nurse used clean
and/or sterile technique and/or in permitting the aforementioned nurse
to perform the injection.
Thanks,
fl-
----Original Message
From: Jim Hockenberry (mailto:hockenj@dial-law.com]
Sent: Monday, November 02, 2009 4:45 PM
To: Mongiello, Michael C.
Subject: Davis v. Litton
s, k
Mr. Mongiello,
This email will confirm our telephone conversations wherein you have
agreed to withdraw your Motion for Partial Judgment on the Pleadings
inasfar as it relates to>.claims raised against Dr. Litton in light of 20
Pa.C.S.A. Section 33$3, which extended the applicable statute of
limitations with regard to him until 9/4/09. As I understand it, your
remaining argument is that OIP is not vicariously liable for the acts of
the unknown nurse who performed the injection. If this is accurate,
please let me know so that I can advise the court of the same in my
response to your motion.
Thanks,
Jim „ y
James E. Hockenberry
Associate Attorney ''
Rovner, Allen, Rovner, Zimmerman & Nash
175 Bustleton Pike
Feasterville, PA 19053
215.953.2730, ext. 23;1, 1
i
11/3/2009
2009 NOY 13 PM 2: 08
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
IN THE MATTER OF: Court of Common Pleas - Cumberland County, PA
DEBRA DAVIS & JAMES DAVIS TERM: /
vs.
ORTHOPEDIC SURGEON, LTD CASE No: 2008-06120-P
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22.
RecordTrak on behalf of CRAIG STONE
Defendant certifies that
(1) A notice of intent to serve the subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served,
(2) No objection to the subpoena has been received or it has been waived, and
(3) The subpoena which will be served is identical to the subpoena which is attached
to the notice of intent to serve the
subpoena.
??jia? V0,446
Date : 12/07/2009
RecordTrak on behalf of
/S/ CRAIG STONE
Attorney for Defendant
RT#: 198775
RECORDS PERTAIN TO: DEBRA S. DAVIS
DEBRA DAVIS & JAMES DAVIS COURT: Court Of Common Pleas - Cumberland County,
Pa
vs. TERM: / /
ORTHOPEDIC SURGEON, LTD DOCKET: 2008-06120-P
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS
TO: JIM HOCKENBERRY
ROVNER, ALLEN, ROVNER & ZDAMERMAN
175 BUSTLETON PK
FEASTERVILLE, PA 19053
(215) 355-0940
November 16, 2009
Please take notice that on behalf of CRAIG STONE, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the
one(s) attached to this notice. You have until December 7, 2009 to file of record and serve upon the undersigned an objection to the
subpoena(s). If no objection is made, the subpoena(s) will be served.
IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE
BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY.
IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING
AND FAX THIS CORRESPONDENCE BY December 7, 2009 TO (610) 992-1405. All records will be provided (including no
record statements) as produced by each record location.
Lisa Kaub 610-354-8321
RECORDTRA%
651 Allendale Road
P. O. Box 61591
King of Prussia, PA 19406
LIST OF RECORD CUSTODIANS AND SUBPOENAS
TAG CORD CUSTODIAN MATERIALS BEING OBTAINED
DEBRA DAVIS & JAMES DAVIS
vs.
ORTHOPEDIC SURGEON, LTD
_ MECHANICSBURG
AMILY PRAC (DR. J.
ZLOTOFF, GILFERT,
D & ASSOC (DR. S. R
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: 2008-06120-P
ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
CCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN
FF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN
OUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
ND
RETURN WITH THE RECORDS*********
ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND
WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY,
ADIOLOGY AND
PATHOLOGY REPORTS, CORRESPONDENCE,
UESTIONNAIRES/HISTORY &
RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE
PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL
ARCHIVED RECORDS AND ALL RECORDS LOCATED IN
STORAGE.
*******PLEASE SIGN THE ATTACHED CERTIFICATIONS AND RETURN
VITH THE RECORDS*********
ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
RETURN WITH THE RECORDS*********
ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND
ADIOLOGY AND
PATHOLOGY REPORTS, CORRESPONDENCE,
UESTIONNAIRES/HISTORY &
RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE
WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY,
PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL
ARCHIVED RECORDS AND ALL RECORDS LOCATED IN
STORAGE ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS*********
****INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. SUSAN J.
ncen ****
Page 2
DEBRA DAVIS & JAMES DAVIS
vs.
ORTHOPEDIC SURGEON, LTD
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: 2008-06120-P
ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
1
3 KANTOR & TKATCH .
ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
STATEMENTS
SSOC (DR.R. KANTOR) ,
ACCOUNT SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS
WRITTEN OFF, BALANCE DUE AND ANY OTHER PATIENT ACCOUNT
CORDS IN YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
AND RETURN WITH THE RECORDS********* 2. ALL MEDICAL RECORDS
N YOUR POSSESSION. INCLUDE OFFICE AND HAND
WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY,
RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE,
QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION
SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND
L RECORDS LOCATED IN STORAGE.
********PLEASE SIGN THE ATTACHED CERTIFICATIONS AND RETURN
WITH THE RECORDS*********
****INCLUDING BUT NOT LIMITED TO RECORDS FROM DR. ROBERT J.
OR.****
4 MOFFITT HEART & 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
VASCULAR GROUP STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN
OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN
OUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
AND
RETURN WITH THE RECORDS*********
ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND
AND
WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY,
RADIOLOGY AND
PATHOLOGY REPORTS, CORRESPONDENCE,
UESTIONNAIRES/HISTORY &
RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE
HE
PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL
ARCHIVED RECORDS AND ALL RECORDS LOCATED IN
STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS*********
5 HARRISBURG HOSPITAL 1. ALL MEDICAL RECORDS IN YOUR POSSESSIONYLEASE BE SURE TO
(IVIED) INCLUDE
ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
6 HARRISBURG HOSPITAL 1. ALL X-RAYS, MRI SCANS, CT SCANS.
(RAD) **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND
HE
FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS,
INCLUDING DATES OF STUDY PRIOR TO COPYING.**
Page 3
DEBRA DAVIS & JAMES DAVIS
vs.
ORTHOPEDIC SURGEON, LTD
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: 2008-06120-P
7 HARRISBURG HOSPITAL 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
STATEMENTS
(BILL) ,
ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN
OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN
OUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
AND
RETURN WITH THE RECORDS*********
8 HOLY SPIRIT HOSPITAL 1. ALL MEDICAL RECORDS IN YOUR POSSESSION.PLEASE BE SURE TO
(MED) INCLUDE
ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
9 HOLY SPIRIT HOSPITAL 1. ALL X-RAYS, MRI SCANS, CT SCANS.
(RAD) **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND
I'HE
FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS,
INCLUDING DATES OF STUDY PRIOR TO COPYING.**
10 HOLY SPIRIT HOSPITAL 1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
(BILL) STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN
OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN
OUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
AND
RETURN WITH THE RECORDS*********
11 CAPITOL BLUE CROSS * 1. ALL INSURANCE CLAIM RECORDS DATED 11/16/2006 TO THE PRESENT
A **ONLY**, SUBSCRIBER INFORMATION, COLLATERAL SOURCE
CORDS AND REIMBURSEMENT RECORDS FOR POLICY #
YWV80063934501, GROUP #: 00514893.
**PLEASE NOTE THIS WAS A KEYSTONE HEALTH PLAN CENTER
OLICY. * *
12 CONNECTICUT GENERAL 1. ALL INSURANCE CLAIM RECORDS DATED 11/16/2006 TO THE PRESENT
LIFE INSURANCE COMPANY **ONLY**, SUBSCRIBER INFORMATION, COLLATERAL SOURCE
CORDS AND REMMURSEMENT RECORDS FOR POLICY # U0686488102.
13 THE RIVERVIEW DINER I. ANY AND ALL EMPLOYMENT RECORDS, INCLUDING BUT NOT
LIMITED TO, WAGE/SALARY INFORMATION, ATTENDANCE,
VACATION/SICK TIME, ORIGINAL APPLICATION/RESUME, JOB
DESCRIPTION, EVALUATIONS, DISCIPLINARY ACTIONS, HANDWRITTEN
NOTES, DOCTORS NOTES, W-2 FORMS, 1099-S, WORKERS
COMPENSATION RECORDS AND EVERYTHING ELSE PERTAINING TO
OUR ENTIRE EMPLOYMENT FILE.
14 PENN STATE MILTON S. 1. ALL MEDICAL RECORDS IN YOUR POSSESSION.PLEASE BE SURE TO
HERSHEY MEDICAL CENTER INCLUDE
(MED) ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
Page 4
DEBRA DAVIS & JAMES DAVIS
vs.
ORTHOPEDIC SURGEON, LTD
COURT: Court Of Common Pleas -
Cumberland County, Pa
TERM: / /
DOCKET: 2008-06120-P
AL CENTER I 1. ALL X-RAYS, MRI SCANS, CT SCANS.
**PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND
15 L-RSHEY NSTATE
FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS,
INCLUDING DATES OF STUDY PRIOR TO COPYING.**
16 PENN STATE MILTON S.
HERSHEY MEDICAL CENTER
(BILL)
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS,
ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN
OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN
YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION
AND
RETURN WITH THE RECORDS*********
Yes, I would like a copy of all of the records listed above.
Yes, I would like specific records I have indicated above.
SIGNATURE:
FIRM:
Date:
Note: An order for records from plaintiff s counsel will signify that plaintiff s counsel has agreed to waive the
notice period effective as of the date of the record order.
------------------------------------------------------------------------------------------------------------------------------------
YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD.
Signature of Plaintiffs Counsel:
FIRM:
Page 5
Date:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
! Debra Davis $ James Davis
V
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
File No. 2008-08120-P
at RecordTrak 851 Allendale Rd PO 0= $1991 KIw gf P&ji9, PA 19408
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 may have the right to seek In advance the reasonable cost of preparing 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: RecordTrak_ Craig Stone, Esq
Address: 851 Allendale Rd, Po pox e1691
King of Prussia. PA 19408
Telephone: 800-801-7620 BY THE COURT:
Supreme Court [DO
Attorney for.
Ptothonotary/Clerk, vil Division
DATE:
Seal of the Court
VMhfn twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 1
LOCATION: MECHANICSBURG FAMILY PRAC (DR. J. THOMPSON)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-0-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS*********2. ALL MEDICAL RECORDS IN YOUR
POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS
INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS,
CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION
SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL
RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED
CERTIFICATIONS AND RETURN wnu THE RECORDS * * * * * * * * *
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
File No. 2008-06120-P
at Reco rak 681 Alton" Rd po gox 61591, King of P ssia PA 19406,
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 may have the right to seek In advance the reasonable cost of preparing 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: RecordTrak. Craig Stone, Esg
Address: 651 Agendale Rd. PO Box 61591
Kina of Prussia. PA 19406
Telephone: SM-801-7820 BY THE COURT:
Supreme Court 1DN
Attorney for.-
Prothonotary/Clerk, lull Division
DATE: r 9 .ten
Seal of the Court '
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents orthlogs.
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 2
LOCATION: ZLOTOFF, GILFERT, GOLD & ASSOC (DR. S. ROSSO)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS******** *2. ALL MEDICAL RECORDS IN YOUR
POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS
INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS,
CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION
SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL
RECORDS LOCATED IN STORAGE.* * * * * * * *PLEASE SIGN THE ATTACHED
CERTIFICATION AND RETURN WITH THE RECORDS********* ""INCLUDING
BUT NOT LRvIITED TO RECORDS FROM DR. SUSAN J. ROSSO.****
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
File No. 200$-06120-P
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DI§COVERY
PURSUANT TO RULE 4W9.22
at RecordTmkc 631 Alisndate 111 16 69x $1681. King of Prt?sIL PA 19406.
You may deliver or mail legible copies of the documents or produce things mquesad by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You may have this right to seek In advance they reasonable cast of preparing 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: RecorelTrak. Craig Stone, Esq
Address: 651 Alftdale Rd. PQ Box 61591
II(i goof Prussia„ P9 19406
Telephone: 800-601-7620 BY THE COURT:
Supreme Court IDN
Attorney for:
Piothonotary/Clerk, Civil Division
d?=
DATE: `YZv ?= R AzP9
Seal of the Court
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 3
LOCATION: KANTOR & TKATCH ASSOC (DR.R. KANTOR)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL STATEMENTS,
ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT SUMMARIES,
PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF, BALANCE DUE AND
ANY OTHER PATIENT ACCOUNT RECORDS IN YOURPOSSESSION. ********PLEASE
SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS*********
2. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND
HANDWRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND
PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS
RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS
INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND
ALL RECORDS LOCATED IN STORAGE. * * * * * * * *PLEASE SIGN THE ATTACHED
CERTIFICATIONS AND RETURN WITH THE RECORDS * * * * * * * * * ""INCLUDING
BUT NOT LIMITED TO RECORDS FROM DR. ROBERT J. KANTOR.****
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
Orthopedic Surgeons, LTD Fite No. 2008_120_p
dibla Orthopedic Institute of
Pennsylvania
TO:
V s••....o yr r-WMM Or rrMW
Within twe (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
at ISOCOM ra A d e Rd. x 9 i of q i)
You may deliver or mall 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
things above.
soughYou y have the right to seek in advance the reasonable cost of preparing copies or producing the
N you fail to produce the documents or things required by this subpoena within twenty (20) days after
its service, the party serving thle subpoena may teak a court order compelling you to comply with It.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: i4eco Tra Craig Stone, Esq
Address: 654 Al [e Ra. PO Box B gg?
Kina of Prussia. PA 19405
Telephone: 8QQ:,W
Supreme Court ID# -7820 BY THE COURT:
Attorney for:
onotatry/cleric, Civil Division
DATE:
Seal of the court
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 4
LOCATION: MOFFITT HEART & VASCULAR GROUP
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS**** *****2. ALL MEDICAL RECORDS IN YOUR
POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS
INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS,
CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECETUI D BY OTHER
PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION
SHEETTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL
RECORDS LOCATED IN STORAGE.********PLEASE SIGN THE ATTACHED
CERTIFICATION AND RETURN WITH THE RECORDS*********
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
v ,
File No. 2008-06120-P
Orthopedic Surgeons, LTD
dlbla Orthopedic Institute of
Pennsylvania
SUBPOENA TO PRODUCE Q,OCLjNgNTS OR THINS FOR DISCOVERY
PURSUANT TO RUL__4-009.72
at Recorffrag, 451 Allendale f„ PO Box 0681. KFnngf Pruasta• IA J$Ww
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the cart ode of compliance, to the party making this request at the address listed
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought,
if you fall 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: Reogrdfrak. Craig Shane, Esq
Address: 651 afertdale Rd. PO So 81591
King of Prussia. PA 19408
Telephorm: 800-809-7820 BY THE COURT:
Supreme Court lD#
Attomey for.
k lJ L
onotary/Cle Chill Division
d'"'
DATE: yI .L-! ayyq
Seal of the ourt
Within twenty (20) days alter service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE 4:198775; TAG 5
LOCATION: HARRISBURG HOSPITAL (MED)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL MEDICAL RECORDS IN YOUR POSSESSIONYLEASE BE SURE TO INCLUDE
ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
File No. 2008-06120-P
SUBPOENA TO PRODUftE DOCUMENTS OR THIffiS FOR DISCOVERY
Pt1I UANT TO RULE 4009.22
TO:
(N of Person or bft)
Within twenty (20) days service of this subpoena, you are ordered by the Court to produce the
following documents or things:
at RegordTrak. 66i Allendale Rd. PO Box 61,¢&,x. K1011 Of EMU - PA itl4fitt.
You may deliver or mast legible copies of the documents or produce things requested by this
subpoena, together with flee certillcate of compliance, to the party making this request at the address listed
above. You may have the right to seek In advance the mason" cost of preparing copies or producing the
things sought.
If you tali 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: RecordTrek. Craig Stone, Esq
Address: 651 Allendale Rd. PG Box 61591
Km of PTussla. PA 19406 .
Telephone: 800.801.7620
Supreme Court IDff
Attorney for.
DATE: AUgmjw
Seal of the oC wt?
BY THE COURT:
A/ 0:x.4 , k
a onoterytClark, ivil Division
e
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 6
LOCATION: HARRISBURG HOSPITAL (RAD)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL X-RAYS, MRI SCANS, CT SCANS. "PLEASE INCLUDE THE FORMAT
FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE
AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO
COPYING.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
Within twenty (20) day)f
following documents or things:
File No. 2008-06120-P
Court to produce the
at Rev.-Grdliak, 651 to 61591, 1
You may deliver or mail legible copies of the documents or produce things nrquested by this
subpoena, together with the cartittcate of compliance, to the party making this request at the address listed
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought
N you i'all 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: R12901rak. Craig Stone, Esd;
Address: 851 Allendale Rd. PO Box 81591
iOng of Prussia PA 10406
Telephone: 00-8 1.76 0 BY THE COURT:
Supreme Court ID#
Attorney for.
PrdSthonotary/Clerk, Civil Division
DATE: ?Zw? r.? .. q art 9
Seal of the urt
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 7
LOCATION: HARRISBURG HOSPITAL (BILL)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS*********
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
: File No. 2008-06320-P
Within tMAY (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
at RecordTrak $61 Apendae+ Rd PO Box ¢9581 Kino of primig. PA 9Wjw
You may deliver or mail legible copies of the documents or produce things mqueMd by this
subpoena, together with the certificate of compliance. to the party making this request at the address listed
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought.
Its If you fail to produce the documents or things required by this subpoena within twenty (20) days after
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: RecardTrak. Craig Stone, Esq
Address: 651 Allendale Rd PO Box 61591
KjrK3- Prussia. PA 196
Telephone: gMeoi-78.20
Supreme Court lD#
Attomey for.
DATE: oy,Y „
Seal orthe ourt
BY THE COURT:
,1
Prrdthor ry/Clerk, Civil Division
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 8
LOCATION: HOLY SPIRTT HOSPITAL (MED)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: #0-0-0871, DOB: 08/20/1955
1. ALL MEDICAL RECORDS IN YOUR POSSESSIONYLEASE BE SURE TO INCLUDE
ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
Orthopedic Surgeons, LTD
dibia Orthopedic Institute of
. Pennsylvania
File No. 2008-05120-P
SUBPOENA TO PRODUCEDOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.22
at RecoMTrak 613W karrdele Rd PO Box 61591 King of Prussia. PA 19 06
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 may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought.
If you Wait to produce the documents or things required by this subpoena within twenty (20) days after
its servim 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: RecordTra& Craig Stone, Esq
Address: 651 Allendale Rd. PO Box 61591
King of Prussia,, PA 19406
Telephone: 800-80J-7620 BY THE COURT:
Supreme Court ID#
Attorney for.
#hanotarylCleric, Civil Division
DATE: 49 d-"19 Seat of the oust
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 9
LOCATION: HOLY SPIRIT HOSPITAL (RAD)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL X-RAYS, MRI SCANS, CT SCANS. "PLEASE INCLUDE THE FORMAT
FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE
AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO
COPYING."
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
Fife No. 2008-06120-P
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4009.E
TO:
44
Within`I'wenty (20) days after servke of this subpoena, you are ordered by the Court to produce the
following documents orthings:
at RecordTrsk 651 Allendale Rd PO Box 61591, King oFPrussia. PA 19446.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, WgWw with the certificate of compliance, to the party making this request at the address listed
above. You may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, Craig Stone, Esq
Address: 851 Allendale Rd. PO Box 61591
Jna of Prussia, PA 19408
Telephone: 800.801-7824 BY THE COURT:
Supreme Court 109
Attorney for
([ 1)
PrbthonotaWClerk, 0I Division
DATE: .d,., 4 ooQ
Seal of the Court
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 10
LOCATION: HOLY SPIRIT HOSPITAL (BILL)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS*********
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
File No. 2006-06120-P
Orthopedic Surgeons, LTD
dlbla Orthopedic Institute of
Pennsylvania
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 4W9.
Zx
at ReeordTrair 661 Mendel* Rd PQ 10 61591 Kit??gf Prusg?, PA IM
You may deliver or malt legible copies of the documents or produce things requested by this
subpoena, together with the cerlifica3e of compliance, to the party making this request at the address NOW
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (70) 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: RecordTrrak, Craig Stone, Esq
Address: 851 Allendale Rd. PO Box 81591
Kna of Prussia._ PA 19408
Telephone: 1300-801-7820 BY THE COURT:
Supreme Court ID#
Attorney for• n f?
r10.1M1ota1 ylUerk, ivil Division
DATE: A4y"j,"1 4 Zn2
Seal or the Court
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE 4:198775; TAG 11
LOCATION: CAPITOL BLUE CROSS * PA
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL INSURANCE CLAIM RECORDS DATED 11/16/2006 TO THE PRESENT
**ONLY**, SUBSCRIBER INFORMATION, COLLATERAL SOURCE RECORDS AND
REIMBURSEMENT RECORDS FOR POLICY # YWV80063934501, GROUP #:
00514893. **PLEASE NOTE THIS WAS A KEYSTONE HEALTH PLAN CENTER
POLICY. *
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis 8t. James Davis
File No. 2008-06120-P
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE 400.22
at Recerd'rrak_ 661 Allendale Rd. PO Bolt 61891. KMa of PnJSSii. PA 1440$.
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certtticate of compliance, to the party making this request at the address listed
above. You may have the right to seek in advance the. reasonable cost of preparing copies or producing the
things sought.
N you fall 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: RewrdTrak. Craig Stone, Esq
Address: 651 Allendale Rd. PO Box 61581
King of Pru"la. PA 19408
Telephone: 800-801-7620
Supreme Court iD#
Attorney for:
BY THE COURT:
honotary/Clerfcvil Division
;0?"'
DATE: W4, - 9, d-09
Seal of the Court
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 12
LOCATION: CONNECTICUT GENERAL LIFE INSURANCE COMPANY
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL INSURANCE CLAIM RECORDS DATED 11/16/2006 TO THE PRESENT
**ONLY**, SUBSCRIBER INFORMATION, COLLATERAL SOURCE RECORDS AND
RERVIBURSEMENT RECORDS FOR POLICY # U0686488102.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
File No. 2008-08120-P
Orthopedic Surgeons, LTD
dlbta Orthopedic Institute of
Pennsylvania
TO:
of Pereon or
Within twertty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
at SecordTrak 661 Allendale Rd PO Boz Bi581 1110 02russia PA 194ti6.
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 may have the right to seek in advance the reasonable cost of preparing 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: ReordTrak.. Craig Stone, Esq
Address: e51 Allendale Rd. PO Sox 81581
Kno of Prussia. PA 19406
Telephone: $00-801-7620
Supreme Court ID#
Attorney for
BY THE COURT:
2
onokarylClerk, Civil Division
DATE: 4 Aq
Seat of the Churl
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 13
LOCATION: THE RIVERVIEW DINER
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
ZANY AND ALL EMPLOYMENT RECORDS, INCLUDING BUT NOT LIMITED TO,
WAGE/SALARY INFORMATION, ATTENDANCE, VACATION/SICK TIME, ORIGINAL
APPLICATION/RESUME, JOB DESCRIPTION, EVALUATIONS, DISCIPLINARY
ACTIONS, HANDWRITTEN NOTES, DOCTORS NOTES, W-2 FORMS, 1099'S,
WORKERS COMPENSATION RECORDS AND EVERYTHING ELSE PERTAINING TO YOUR
ENTIRE EMPLOYMENT FILE.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
Orthopedic Surgeons, LTD
d/b/a Orthopedic Institute of
Pennsylvania
File No. 2008-06120-P
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY
PURSUANT TO RULE AIM9.22
at RecortlTralL 661 jandsle Rd. PO Box 61591. Kina of Rm"a. PA 19406.
You may deliver or mall 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 may have the right to seek in advance the reasonable cost of preparing copies or producing the
thugs sought.
If you fail to produce the documents or things required by thls subpoena wWdn twenty (20) days alter
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: Recorffrak` Craig Stone, Esq
Address: 651 Allendale Rd. PO Box 61591
Tina of Prussia. PA 19406
Telephone: 800-801-7620
Supreme Court ID*
Attorney for.
DATE: WA u" ,,? R dj» 4
Seal of the Court
BY THE COURT:
Pothonotary/Cl- erk, Civil Division
t" _
Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the
following documents or things:
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE 4:198775; TAG 14
LOCATION: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (NED)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL MEDICAL RECORDS IN YOUR POSSESSIONYLEASE BE SURE TO INCLUDE
ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
V
File No. 2008-08120-17
Orthopedic Surgeons, LTD
dibla Orthopedic Institute of
Pennsylvania
TO:
Within twenty (20) days attar service of
following documents or things: .
or
i
7 (ill
w
you are ordered by the Court to produce the
?Ij I
at Re malt, 651 Allendale Rd. Po Box 61591 King of Pnmia PA 19406
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 {tarty malting this request at the address fisted
above. You may have the right to seek in advance the reasonable cost of preparing copies or producing the
things sought.
If you fail to produce the documents orthings required by this subpoena within twenty (20) days after
its service, the patty serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Name: RecordTrak, Craig Stone, Esq
Address: 651 1, A igndale Rd PO Box 61581
1Gna of pnassia, PA 19406
Telephone: 800-B01-7620 BY THE COURT:
Supreme Court ID#
Attorney for: Pioth
anotarytCle Civil Division
i*"
DATE' 7Zau??.Lt, R a-ftn
Seat of the Court
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 15
LOCATION: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (RAD)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL X-RAYS, MRI SCANS, CT SCANS. "PLEASE INCLUDE THE FORMAT
FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE
AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO
COPYING.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Debra Davis & James Davis
File No. 2008-06120-P
Orthopedic Surgeons, LTD
dtbla Orthopedic Institute of
Pennsylvania
Within twenty (20) days after service of
following documents or things:
at RecordTML 651 ¢1endaie Rd PO Box 61691, King RUE la. PA 18408.
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 Iisted
above. You may have the right to seek In advance the reasonable cost of preparing copies or producing the
things sought.
If you fail to produce the documents or things mqui ed 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: RecordTrs., Craig Stone, Esq
Address: 651 Allendale Rd. PO Box 61591
King of Prussia PA 15406
Telephone: 800-801-7820 BY THE COURT:
Supreme Court IDS
Attorney for:
othonotary/Cierk, MI Division
DATE: _ 7Zat??? 9_ d fhi 9
Sea[ of the oud
RE: DEBRA DAVIS & JAMES DAVIS vs. ORTHOPEDIC SURGEON, LTD
CASE NO. 2008-06120-P
RECORDTRAK FILE #: 198775; TAG 16
LOCATION: PENN STATE MILTON S. HERSHEY MEDICAL CENTER (BILL)
RECORDS PERTAIN TO: DEBRA S. DAVIS SS #: ###-##-0871, DOB: 08/20/1955
1. ALL BILLING RECORDS IN YOUR POSSESSION, INCLUDING ALL
STATEMENTS, ITEMIZED BILLING RECORDS, INSURANCE RECORDS, ACCOUNT
SUMMARIES, PAYMENTS, TOTAL CHARGES, ALL AMOUNTS WRITTEN OFF,
BALANCE DUE AND ANY OTHER PATIENT ACCOUNT RECORDS IN YOUR
POSSESSION. * * * * * * * *PLEASE SIGN THE ATTACHED CERTIFICATION AND
RETURN WITH THE RECORDS*********
F??r
PX: Qv
2?'J'l t, 9 DE I E.: i 'J': 0 G
Cv' ' i JN9
FILEC--10,=; !?F
ROWER, ALLEN, ROWER, ZIMMERMAN & NASH •'ic Tj_'w NOTARY
Joseph S. Lukomski, Esquire
I . D. No.: 28532 2010 JAN 19 Aid 46
James E. Hockenberry, Esquire
I . D. No.: 91133
175 Bustleton Pike Attorney for Pha?infs
Feasterville, PA 19053
215.953.2712
DEBRA DAVIS and JAMES
DAVIS, h/w
Plaintiffs,
COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ORTHOPEDIC SURGEONS, LTD.,
d/b/a ORTHOPEDIC INSTITUTE
OF PENNSYLVANIA
and
LINDA TAFT LITTON, Executrix
of the Estate of JASON J.
LITTON, M.D.
Defendants.
NO.: 2008 - 6120
) CIVIL ACTION - MEDICAL
) PROFESSIONAL LIABILITY ACTION
PRAECIPE TO MARK SETTLED AND DISCONTINUED
TO THE PROTHONOTARY:
Kindly mark the above-referenced matter settled and
discontinued.
Respectfully submitted,
BY:
osep S. Lukoms , Esquire
ames E. Hocken erry, Esquire