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HomeMy WebLinkAbout10-0709HANS EDWARD SOLUM, JR. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Medical Professional Liability Action - Exceptions To Sovereign Immunity The Estate of JEFFREY C. TURNER, dec'd By and through LEELAND B. TURNER, Administrator V. COMMONWEALTH OF PENNSYLVANIA Strawberry Square, Harrisburg, Pa. 17120, and C%1MONWEALTH OF PENNSYLVANIA De0artment of Corrections Jeffrey A. Beard, PhD. Secretary of Corrections fLB 598-2520 Lisburn Road p Hill, Pa. 17001-0598, and OMMONWEALTH OF PENNSYLVANIA State Correctional Institution- Camp Hill John A. Palakovich, Superintendent PO Box 8837, 2500 Lisburn Road Camp Hill, Pa. 17001-8837, and J. DOE, Doctor/s SCI - Camp Hill 2500 Lisburn Road 4Qamp Hill, Pa. 17001-0598, and J. DOE, Nurse/s SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and J. DOE, related health care personnel SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and PRISON HEALTH SERVICES, Inc. 105 W. Park Drive, Ste 200 Brentwood, TN 37027, or G. z r, v 17 try ?. f7l CC) V? SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and HOLY SPIRIT HOSPITAL of the SISTERS OF CHRISTIAN CHARITY 503 N. 21St Street Camp Hill, Pa. 17001 PRAECIPE FOR WRIT OF SUMMONS To the PROTHONOTARY: Please issue a Writ of Summons in the above captioned matter. Hans Edward Solum, Jr. HANS EDWARD SOLUM, JR. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Medical Professional Liability Action - Exceptions To Sovereign Immunity The Estate of JEFFREY C. TURNER, dec'd By and through LEELAND B. TURNER, Administrator NO 601 V. COMMONWEALTH OF PENNSYLVANIA Strawberry Square, Harrisburg, Pa. 17120, and COMMONWEALTH OF PENNSYLVANIA Department of Corrections Jeffrey A. Beard, PhD. Secretary of Corrections POB 598-2520 Lisburn Road Camp Hill, Pa. 17001-0598, and COMMONWEALTH OF PENNSYLVANIA State Correctional Institution- Camp Hill John A. Palakovich, Superintendent PO Box 8837, 2500 Lisburn Road Camp Hill, Pa. 17001-8837, and J. DOE, Doctor/s SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and J. DOE, Nurse/s SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and J. DOE, related health care personnel SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and PRISON HEALTH SERVICES, Inc. 105 W. Park Drive, Ste 200 Brentwood, TN 37027, or SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and HOLY SPIRIT HOSPITAL of the SISTERS OF CHRISTIAN CHARITY 503 N. 21s' Street Camp Hill, Pa. 17001 WRIT OF SUMMONS To: COMMONWEALTH OF PENNSYLVANIA Strawberry Square, Harrisburg, Pa. 17120, and COMMONWEALTH OF PENNSYLVANIA Department of Corrections Jeffrey A. Beard, PhD. Secretary of Corrections POB 598-2520 Lisburn Road Camp Hill, Pa. 17001-0598, and COMMONWEALTH OF PENNSYLVANIA State Correctional Institution- Camp Hill John A. Palakovich, Superintendent PO Box 8837, 2500 Lisburn Road Camp Hill, Pa. 17001-8837, and J. DOE, Doctor/s SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and J. DOE, Nurse/s SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and J. DOE, related health care personnel SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and PRISON HEALTH SERVICES, Inc. 105 W. Park Drive, Ste 200 Brentwood, TN 37027, or SCI - Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and HOLY SPIRIT HOSPITAL of the SISTERS OF CHRISTIAN CHARITY 503 N. 21s' Street Camp Hill, Pa. 17001 You are hereby notified that the Estate of Jeffrey C. Turner, dec'd, by and through LEELAND B. TURNER, Administrator, has commenced an action against you. Prothonotary C Berland Co Pennsylvania 574771 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: Thomas M. Chairs, Esquire HOLY SPIRIT HOSPITAL OF THE SISTERS ATTORNEY I.D. NO. 78565 OF CHRISTIAN CHARITY 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) LEELAND B. TURNER, IN THE COURT OF COMMON PLEAS ADMINISTRATOR OF THE ESTATE OF OF CUMBERLAND COUNTY, JEFFREY C. TURNER, DECEASED, PENNSYLVANIA Plaintiff, N NO. 2010-709 V. !T? r F M CIVIL ACTION - MEDICAL JEFFREY A. BEARD, PHD. SECRETARY OF CORRECTIONS -SCI CAMP HILL, JOHN A. PALAKOVICH SUPERINTENDENT - SCI CAMP HILL, J. DOE DOC TORS - SCI CAMP HILL, J. _ w DOE NURSES - SCI CAMP HILL, J. DOE RELATED HEALTH CARE PERSONNEL - SCI CAMP HILL, PRISON HEALTH SERVICE, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: :Please enter the appearance of Thomas N4. Chairs, Esquire and Aaron S. Jayman, Esquire as counsel for Defendant, Holy Spirit Hospital of the Sisters of the Christian Charity with regard to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: February 9, 2010 By: Tli s M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY 2 CERTIFICATE OF SERVICE AND NOW, February 9, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Hans Edward Solum. Jr. 127 Chester Pike Ridley Park, PA 19078 (Counsel for Plaintiff) SCI - Department of Corrections Jeffrey A. Beard, PhD P.O. Box 598 2520 Lisburn Road Camp Hill, PA 17001-0598 SIC - Department of Corrections John A. Palakovich, Superintendent P.O. Box 8837 2500 Lisburn Road Camp Hill, PA 17001-8837 Prison Health Services, Inc. 105 W. Park Drive Suite 200 Brentwood, TN 37027 And Prison Health Services, Inc. SCI - Camp Hill 2500 Lisburn Road Camp Hill, PA 17001 Thoma hairs, Es wire SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _yr-1v? Sheriff PH.E rn Jody S Smith Chief Deputy 2010 FEB 16 PH L: 1 i Edward L Schorpp Solicitor -? CUiv! aJtf?' tom' t-i'•?'aJ?? L1?;'',`?i;f'? The Estate of Jeffrey C. Tuner, deceased by and through Leeland B. Tur vs. Holy Spirit Hospital of the Sisters of Christian Charity Case Number 2010-709 SHERIFF'S RETURN OF SERVICE 02/02/2010 12:41 PM - Dauphin County Return: And now February 8, 2010 at 1241 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Commonwealth of Pennsylvania Office of The Attorney General by making known unto Sara Olesh, Receptionist for Commonwealth of Pennsylvania Office of The Attorney General at Strawberry Square, Harrisburg, PA 17120 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/02/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Commonwealth of Pennsylvania, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ of Summons according to law. 02/03/2010 02:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1450 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Prison Health Services, Inc. SCI Camp Hill, by making known unto Rungluv Kuba, Clerk Typest II at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2010 02:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1450 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: J.Doe-related health care personnell SCI Camp Hill, by making known unto Rungluv Kuba, Clerk Typest II at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2010 02:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1450 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: J.Doe-Nurse/s SCI Camp Hill, by making known unto Rungluv Kuba, Clerk Typest II at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2010 02:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1450 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: J.Doe-Doctor/s SCI Camp Hill, by making known unto Rungluv Kuba, Clerk Typest II at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2010 02:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1450 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Commonwealth of Pennsylvania SCI Camp Hill, by making known unto Rungluv Kuba, Clerk Typest II at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/03/2010 02:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 1450 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Commonwealth of Pennsylvania Department of Corrections, by making known unto Rungluv Kuba, Clerk Typest II at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. , Gou'?yS.dt€ Shen't. f C eo +t b':: 02/04/2010 11:34 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1134 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Holy Spirit Hospital of the Sisters of Christian Charity, by making known unto Kay Tipton Legal Coordinator of Risk Management at Holy Spirit Hospital of the Sisters of Christian Charity at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $176.44 February 11, 2010 SO ANSWERS, 0 O Y R ANDERSON, SHERIFF iput erif Deput heriff Xll? Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 dgoodemote(&!attomeyg.eneral.ov The Estate of JEFFREY C. TURNER, dec'd By and through LEELAND B. TURNER, Administrator, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL - JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTOR/S; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants c q T7 ? r I : -_ --?i hn r c - C-0 C.. a No. 10-709 CIVIL ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard, Ph.D., SCI - Commonwealth of Pennsylvania, Department of Corrections in the above- referenced matter. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney Ge By: kaniloodemote Senior Deputy Attorney General Supreme Court No. 30986 DATED: February 17, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Marshall, Smith, and Haddick 20 South 36th Street Camp Hill, PA 17011 (717-731-4800 (Attorney for Holy Spirit) Prison Health Services, Inc. 105 W. Park Drive Suite 200 Brentwood, TN 37027 and Prison Health Services, Inc. SCI - Camp Hill 2500 Lisburn Road Camp Hill, PA 17001 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 iel R(.- mote Senior Deputy Attorney General Supreme Court No. 30986 DATED: February 17, 2010 ~f1f1L1~D~'!-r~C~ T CRAIG A. STONE, ESQUIRE !~F ~1-'~ 3 ~,,~,;!?~+~..-~~`~~~~~ I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE 2~F~ ~;~ ~ ~ i~~ ~~ I I I.D. No. 87532 Marshall, Dennehey, Warner, Coleman & Goggin ~~; ~ ,,; _; _ . '~ I~`f 4200 Crums Mill Road, Suite B ~~'~', ~ ~°j Harrisburg, PA 17112 (717) 651-3502 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR CIVIL ACTION Plaintiff MEDICAL PROFESSIONAL LIABIILTY v. No:10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, Prison Health Services, Inc., in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ~~~14~ ~ (met ~~ ~~ By: Michael C. Mongiello,°Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Dated: ~~IS~~O l' • CERTIFICATE OF SERVICE I, Sarah Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, hereby certifies that a true and correct copy of the foregoing Entry of Appearance has been served upon the following known counsel and parties of record this 1~ day of March, 2010, via United States First-Class Mail, postage prepaid: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 ~I~ Sarah Doerfler OS/582763.v1 L 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 Attorney for Defendant Prison Health Services, Inc. ~ti., 2~~Q ~,j,'~ I i ~';'~~ U~ ~ CCU" ~~ -~. ': ',.~ , ~ - - ;, . ~_t~.- ~~ .a~ THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. Defendants JURY TRIAL DEMANDED PRAECIPE FOR A RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule directing Plaintiff, Leeland B. Turner, Administrator, to file a Complaint in the above-referenced matter within twenty (20) days of service thereof or risk a judgment of non pros. DENNEHEY, WARNER, Dated: ~\ J`\~ COL By: lVli~jh'ael`~: iblo`h~iello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff v. PRISON HEALTH SERVICES, INC., et al. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL JURY TRIAL DEMANDED RULE AND NOW, this ~ 7 ~ day of MQX~~'1 , 2010, upon consideration of the foregoing Praecipe, Plaintiff is hereby ordered to file a Complaint within twenty (20) days hereof or suffer judgment of non pros. ~ . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR A RULE TO FILE CO'M`P_ LAINT has been served upon the following known counsel and parties of record this ~~~ day of March 2010, via United States First- Class Mail, postage prepaid: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 ~9~. Sarah Doerfler osisaz~~3.~ t Hans Edward Solum Jr. Esq. 127 Chester Pike Ridley Park, PA 19078 r9 r~ T~f~ FRO~fr#OTARY 2010 MkR ZS PM 2~ 0~ Attorney for Plaintiff Attorney I.D. 20593 (610} 299-0462 CU11M~f~.,~;^~; ~~Ui,~NTY THE ESTATE OF JEFFREY C. TURNER, ?E-~fPJSY11~tA11~E COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR CIVIL ACTION Plaintiff MEDICAL PROFESSIONAL LIABILITY v. COMMONWEALTH OF PENNSYLVANIA, et al. No: 10-709-CIVIL Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to Commonwealth of Pennsylvania-State Correctional Institution- Camp Hill, I, Hans Edward Solum Jr. Esq., 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. Date: ~ L ~ C~ ..--- Hans Edward Sol Jr. Es . Hans Edward Solum Jr. Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. 20593 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA N o B. TURNER, ADMINISTRATOR ~ a r, CIVIL ACTION z~ ~ r` Plaintiff MEDICAL PROFESSIONAL LIABI~~ cNi~ , ~, v. ~ U ~ N No: 10-709-CIVIL ~ a COMMONWEALTH OF PENNSYLVANIA, ~ et al. . Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to HOLY SPIRIT HOSPITAL of the SISTERS OF CHRISTIAN CHARITY. t, Hans Edward Solum Jr. Esq., 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. Date: ~"~ l~ Hans Edward S lum Jr. sq. Hans Edward Solum Jr. Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. 20593 {610} 299-0462 THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA ~ 4 ~' B. TURNER, ADMINISTRATOR ~ _ CIVIL ACTION ~~' s Plaintiff MEDICAL PROFESSIONAL LIAB~1( ~ N ~~~ ~ v. ~ ~: ~, ~ No: 10-709-CIVIL ~' ~ rya .~ COMMONWEALTH OF PENNSYLVANIA, ~ . o et al. . Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to PRISON HEALTH SERVICES. Inc.. I, Hans Edward Solum Jr. Esq., 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 ~s 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. n _ Date: ~ ~~ ~~ Hans Edward Solu Jr. Hans Edward Solum Jr. Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. 20593 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA ~ N °~,~, B. TURNER, ADMINISTRATOR m CIVIL ACTION ~ ~T' ~~ ~ "~~ Plaintiff ~ MEDICAL PROFESSIONAL LIABI N cn ~ ~, v. ~ No: 10-709-CIVIL ~ o COMMONWEALTH OF PENNSYLVANIA, ~~ et al. . Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to J. DOE, related health care personnel- SCI- Camp Hill, I, Hans Edward Solum Jr. Esq., 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. Date: L~ Hans Edward Solur(Jr. Esq. Hans Edward Solum Jr. Esq. Attorney for Plaintiff 127 Chester Pike Attorney I.D. 20593 Ridley Park, PA 19078 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR ~ o Plaintiff CIVIL ACTION -x~ ~ MEDICAL PROFESSIONAL LIABI~ ' ° ~" ~i a~ ' "~ -C ~; Cjt No: 10-709-CIVIL z'~-, t~ ~± ~ COMMONWEALTH OF PENNSYLVANIA, ~ et al. ~ w Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to J. DOE, Nurse/s- SCI- Camp Hill, I, Hans Edward Solum Jr. Esq., 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 c~L 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. Date: 707 ~ Hans Edward Solu Jr. Esq. Hans Edward Solum Jr. Esq. Attorney for Plaintiff 127 Chester Pike Attorney I.D. 20593 Ridley Park, PA 19078 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff v. COMMONWEALTH OF PENNSYLVANIA, et al. Defendants IN THE COURT OF COMMCON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABI~~ tt~ tJ') 1_ -c,` No:10-709-CIVIL ~ ~~ JURY TRIAL DEMANDED CERTIFICATE OF MERIT o 0 A N tit -~ --~-.` ~ ~~ 0 c,a Certificate of Merit as to Commonwealth of Pennsylvania-Department of Corrections, 1, Hans Edward Solum Jr. Esq., 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. Date: ~ Ca / Hans Edward Solum Jr Hans Edward Solum Jr. Esq. Attorney for Plaintiff 127 Chester Pike Attorney I.D. 20593 Ridley Park, PA 19078 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA c ~_ B. TURNER, ADMINISTRATOR ~ ro~ ° ~ CIVIL ACTION ~ ~r~ ~ Plaintiff MEDICAL PROFESSIONAL LIAf~ N vt V. <c' z . V ~ "D ~ ~- a No: 10-709-CIVIL ~ ``•' COMMONWEALTH OF PENNSYLVANIA, et al. . Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to Commonwealth of Pennsylvania, I, Hans Edward Solum Jr. Esq., 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. 77 Date: of L `) l ~ Hans Edward Solum Jr. Esq. Attorney for Plaintiff 127 Chester Pike Attorney I.D. 20593 Ridley Park, PA 19078 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMCON PL~S ~ ~ DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA~~~_-, ~ rr-rrr, ~. B. TURNER, ADMINISTRATOR z%F ~ ~ CIVIL ACTION ~.; Plaintiff MEDICAL PROFESSIONAL LIAR rF'Y ~ -~ ~,, ` ~ rv C] v. -• No: 10-709-CIVIL w COMMONWEALTH OF PENNSYLVANIA, et al. Defendants JURY TRIAL DEMANDED CERTIFICATE OF MERIT Certificate of Merit as to J. DOE, Doctor/s- SCI- Camp Hill, I, Hans Edward Solum Jr. Esq., 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. Date: ~ ~ ~O f LEELAND B. TURNER, IN THE COURT OF COMMON PLEAS OF ADMINISTRATOR OF THE CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF JEFFREY C. TURNER, DECEASED, Plaintiff v. JEFFREY A. BEARD, PHD. SECRETARY OF CORRECTIONS -SCI CAMP HILL, JOHN A. PALAKOVICH, SUPERINTENDENT -SCI CAMP HILL, J. DOE DOCTORS - SCI CAMP HILL, J. DOE NURSES -SCI CAMP HILL, J. DOE RELATED HEALTH CARE PERSONNELL -SCI CAMP HILL, PRISON HEALTH SERVICES, INC. -SCI CAMP HILL and HOLY SPIRIT HOSPITAL OF THE SISTERS CHRISTIAN CHARITY, : Defendants CIVIL ACTION -LAW N0. 10-0709 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT HOLY SPIRIT HOSPITAL TO PLAINTIFF' S COMPLAINT BEFORE OLER and EBERT, JJ. ORDER OF COURT r -. =_; ~; ---, ` ~ ~, -,-~ - . ~ ~. _: ~~ .~ - ,... , - -,~ , ,. ~~,_ ~ - ~ .. , ~~ c, t -~: AND NOW, this 8~' day of July, 2010, upon consideration of the Preliminary Objections to Plaintiff's Complaint Filed on Behalf of Defendant, Holy Spirit Hospital of the Sisters of Christian Charity, and following oral argument held on July 7, 2010, at which Plaintiff' s counsel did not appear and for which no brief was submitted on behalf of Plaintiff, Defendant's preliminary objections are sustained to the extent that Plaintiff's complaint as it relates to Defendant Holy Spirit Hospital of the Sisters of Christian Charity is dismissed. BY THE COURT, „ 1~ / 1 ,~" ~ ~ ~' L J.~ ~JVesley Oler J. / Hans Edward Solum, Jr., Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff /aniel R. Goodemote, Esq. Office of the Attorney General Torts Litigation Section Strawberry Square, 15~' Floor Harrisburg, PA 17120 Attorney for Defendants John A. Palakovich, Superintendent, and Jeffrey A. Beard, Ph.D., SCI-Camp Hill /Thomas M. Chairs, Esq. Aaron S. Jayman, Esq. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorneys for Defendant Holy spirit Hospital of the Sisters of Christian Charity ~A i ES n~t,~..l, 7f 8~rv ~~ . ~. 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 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B: TURNER, ADMINISTRATOR Plaintiff v. PRISON HEALTH SERVICES, INC., et al. Defendants . L~~_ '.~£' ~'fdr' L' ~ ~'~~;4~ w Z@10 J~~.. 22 ~di ~~ ,r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Estate of Jeffrey C. Turner c/o Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment be filed against you. HEY, WARNER, BY: ~- I~<<b Dated: Mich~l\C~ 1V~~}~~iello, Esquire 4200 rums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 CRAIG A. STONE, ESQUIRE I.D. No. 15907 MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Cruets Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR . CIVIL ACTION Plaintiff MEDICAL PROFESSIONAL LIABIII,TY v. PRISON HEALTH SERVICES, INC., et al. No:10-709-CIVIL Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT OF DEFENDANT, PRISON HEALTH SERVICES, INC. AND NOW comes Defendant, Prison Health Services, Inc. ("PHS"), by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and preliminarily objects to Plaintiff s Complaint as follows: A. PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME 1. The "Third Cause of Action" set forth in Plaintiff s Complaint is brought pursuant to 42 U.S.C. § 1983 ("Section 1983"). A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A". 2. Said cause of action contains no substantive supporting allegations whatsoever. Id. 3. Moreover, the facts as plead in Plaintiffs Complaint are far from sufficient to establish liability under Section 1983, particularly with regard to allegations of vicarious liability levied against PHS see e.g., ¶ 11). See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. B. PLAINTIFF'S CLAIM AGAINST PHS FOR MEDICAL PROFESSIONAL LIABILITY SHOULD BE DISMISSED BECAUSE: 1) PLAINTIFF HAS FAILED TO PLEAD FACTS ESTABLISHING A RIGHT TO RELIEF UNDER SUCH A THEORY; AND/OR 2) PLAINTIFF HAS LEGALLY FAILED TO PLEAD A PRIMA FACIE CAUSE OF ACTION IN THIS REGARD 4. Plaintiffs Complaint includes a claim against PHS for medical professional liability. See Exhibit "A", Count I. 5. Plaintiff has filed a Certificate of Merit in support of said claim against PHS. A true and correct copy of said Certificate of Merit is attached hereto as Exhibit "B". 6. The facts plead by Plaintiff in his Complaint, even if accepted as true, establish absolutely no right to relief by Plaintiff on a theory of medical professional liability. See Exhibit "A" and Supporting Brief. 7. Plaintiff further fails to plead that PHS owed his decedent a duty to exercise a standard of care, nor does he identify any such standard. See Exhibit "A" and Supporting Brief. 8. Again, Plaintiff has filed Certificates of Merit to support his claims of medical professional negligence and, accordingly, should be well aware of the facts at issue. See Exhibit "B" and Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. C. PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IlVIPOSED UNDER PENNSYLVANIA LAWS OF AGENCY 9. Plaintiff pleads as follows in his Complaint: 11. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents servants workmen and employees who were acting within the scope of their agreement, agency, servantship and authority. See Exhibit "A" (emphasis supplied). 10. By said assertion, Plaintiff is obviously, in part, claiming that PHS is vicariously liable for the conduct of such unidentified "agents, servants, workmen and employees", who were allegedly professionally negligent in several respects, as well as deliberately indifferent. Id. at Count I and "Third Cause of Action". 11. Contrary to Pennsylvania agency laws, Plaintiff fails to set forth ~ identifying information regazding allegedly responsible agents or servants of PHS. See Supporting Brief. 12. Plaintiffs medical professional liability claim against unknown and unidentified healthcaze providers is particularly inappropriate considering that a sepazate Certificate of Merit must be filed as to each and every licensed professional against whom such a claim is asserted. See Pa.R.C.P. No. 1042.3(b)(1). See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Or.~der. D. PARAGRAPHS 16, 26 AND 26(g) OF PLAINTIFF'S COMPLAINT SHOULD BE DISMISSED FOR FAILURE TO COMPLY WITH THE FACTUAL SPECIFICITY REQUIREMENT OF PA.R.C.P. NO. 1029(a) AS INTERPRETED BY CONNOR V. ALLEGHENY GEN. HOSP., 461 A.2D 600 (Pa. 1993) 13. Plaintiff avers as follows in his Complaint: 16. As part of the medical follow-up treatment for any and all of his conditions, known or unknown, Turner was given and took prescription medications. 26. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (g.) Being otherwise nealiQent and careless under the circumstances. See Exhibit "A" (emphasis supplied). 14. These allegations are improperly broad and in violation of Pennsylvania pleading laws. See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. E. PLAINTIFF SHOULD BE ORDERED TO FILE AN AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PA.R.C.P. NO. 1020(a) 15. Pursuant to Pa.R.C.P. No. 1020(a), a plaintiff can plead more than one civil cause of action against the same defendant. 16. However, each cause of action and any special damage related thereto shall be stated in a separate count containing 4 demand for relief. Id. 17. Within his Complaint, Plaintiff intermingles apparent causes of action against all Defendants irrespective of their involvement in the case, including for direct negligence, vicarious liability and deliberate indifference. See Exhibit "A". 18. Furthermore, claims oaf direct negligence and vicarious liability are not separately plead. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. F. PLAINTIFF SHOULD BE ORDERED TO FILE AN AMENDED COMPLAINT IN WHICH HE SPECIFICALLY IDENTIFIES THAT HE IS ASSERTING A PROFESSIONAL LIABII,ITY CLAIM AGAINST PHS AND/OR ANY OF ITS ALLEGED AGENTS OR SERVANTS AS REQUIRED BY PA.R.C.P. NO. 1042.2 19. Pa.R.C.P. No. 1042.2(a) provides as follows: (a) A complaint shall identify each defendant against whom the plaintiff is asserting a professional liability claim. Note: It is recommended that the complaint read as follows: "Defendant (name) is a licensed professional with offices in County, Pennsylvania. Plaintiff is asserting a professional liability claim against this defendant." (Emphasis supplied). 20. Despite the obvious nature of Plaintiffs allegations against PHS and the fact that he has filed a (purported) Certificate of Merit to support same, Plaintiff does not identify that he is asserting a professional liability claim against PHS, or any of its asserted agents or servants. See Exhibit "A". 21. Plaintiff is accordingly in technical violation of Pa.R.C.P. No. 1042 as to PHS and, more importantly, as to its alleged, but unidentified, agents and servants. See Issue C, supra and Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. GOGGIN ~, WARNER, ID Ndl: 87532 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3500 ~\`o . '1~ Dated. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Hans Edwazd Solum, Jr. 127 Chester Pike Ridley Pazk, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Squaze Harrisburg, PA 17120 Thomas M. Chairs, Esquire Aazon S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 DENNEHEY, WARNER, Date: `~~' ~ B Y• M1(;HAtrL C.`MOI~TG~ELLO, ESQUIRE Attorney ID 87532 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 OS/619510.v1 HANS EDWARD SOLUM, JR. ATTORNEY 8 COUNSELOR AT LAW 127 CHESTER PIKE RIDLEY PARK, PA. 19078 (610) 521-3310 ~y~~ -~ ~~ ~~r~ MAY 1 3 2010 Prothonotary 1 Courthouse Square Ste. 100 May 10, 2010 Cumberland County Courthouse . Carlisle, PA 17013 Re: Turner v. Commonwealth of Pennsylvania 2010-709 Dear Sir: Please time stamp and enter on the Docket~the~enclosed complaint in the above captioned matter. Please time stamp-the copy and return in the enclosed self addressed stam~ied envelope. Thank you. ~ : ~ .. ~ ~ , . Best Regards Hans ward Solum, h., . HANS EDWARD SOLUM, JR. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. #20593 610.299.0462 l ~"lye ~ S~%/ ~l~sd~,hJf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Estate of JEFFREY C. TURNER, deed . By and through 10-709 Civil LEELAND B. TURNER, Administrator v. COMMONWEALTH OF PENNSYLVANIA,. et. al. ; 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 ~writte~ 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 d ' LAWYER, GO TO OR TELEPHONE THE OFFICE SET.FORTH~ BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE . PERSONS AT A REDUCED RATE. OR. NO. FEE.. . . Cumberland County Bar Association .. . _ ~ . 32 5outh'Bedford Street . ' ~ . . ~ ~ ~. ~ Carlisle, Pa. 17013. ~ . ~~ .. 7.17.249 3.66. ~ .. ~. .. .. . HANS EDWARD SOLUM, JR. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Attorney I.D. #20593 610.299.0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Estate of JEFFREY C. TURNER, deed . By and through 10-709 Civil LEELAND B. TURNER, . Administrator v. COMMONWEALTH OF PENNSYLVANIA _ - • Strawberry Square, Harrisburg, Pa. 17120, and ... . COMMONWEALTH OF PENNSYLVANIA- Department of Corrections ' Jeffrey A. Bearcl~ PhD. Secretary of Corrections POB 598-2520 Lisburn Road Camp Hill, Pa. 17001-0598, and . .COMMONWEALTH-OF PENNSYLVANIA . . ' . • - - .State Correctional Institution- ~ - :. ~ . Camp Hill - ~ ~ ~ - John A. Palakovich, Supertendent . PO Box 8$37, 25pQ Usburn Road . .. Camp Hill, Pa. 17001-8837, and ~ ~ ~ • . J.• DOE, Doctor~/s ~ . ~ - - . SCI-Camp Hill . ~ .. ~ ~ • . .. ~ . 2500~Lisbum Road Camp Hill, Pa. 17001-0598, and J. DOE, Nurse/s SCf-Camp Hill . .. ... .. 2500 Lisburn Road Camp Hill; Pa. 17001-0598, and - ~ ~ • - .. ~ ~ .. .. ~~ _ J: DOE, related heaRh care personnel ~ -_ - - - . . SCI-Camp Hill ~~ .. .. 2500 L~sbum Road ~ ~ ~ ~ ~ - ~~ Camp.Hill, Pa. 1700 0598, and PRISON HEALTH SERVICES, Inc. 105 W. Park Orive, Ste. 200 Brentwood, TN 37027, or SCI- Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598, and HOLY SPIRIT HOSPITAL of the SISTERS OF CHRISTIAN CHARITY 503 N. 21~ Street Camp Hill, Pa. 17001 COMPLAINT 1. Leeland B. Turner, Administrator, is an adult individual who resides at 1 Meers Lane, Delaware County, Glen Mills, Pa. 19342 and was appointed by the Register of Wills, ~. Chester County, Pennsylvania as the Administrator of the Estate of Jeffry C. Tumer, .. deceased, his son who left two children the intestate beneficiaries of his estate. 2. Jeffrey C. Turner, date~of birth May 18,1969, deceased, was a former resident of Chester County, Pennsylvania but at the time of his death at age 38 on February 8, 2008, was.an inmate at the:Pennsyivania State Correctional Institution at Camp Hili ~... .. 2500 Usburn Road, Camp Hill, Pa. 17001-0598. ' 3, ~ The Commonwealth of Pennsylvania is ~a state entity which maintains and operates -a system of ~penal'correction subject to Exceptions to Sovereign Immunity ~ 42 Pa. C.S: 58522 et seq, with an address of Strawberry Square, Harrisburg, Pa: 17120: . ~ ~ 4: Defendant Jeffrey A: Beard; PfiD. Is an adult individual employed by the Commonwealth . , . ~ ,. of Pennsylvania in a professional service capacity who at.all relevant times acted within ~ .. .~ . .. - the scope of.his employment relationshipwith anaddress of 2520 Lisburn Road, Camp ' ~ ~ ~ ~ Hilr, Pa..1T001-8837.. ~ _ .. . .. . , 5. John A. Palakovich, is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001,8837. 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837 7.: J. Doe,. Nurse/s is an adult individual employed by the Commonwealth:of Pennsylvania in a professional sentice.capacrty who at all relevant times acted within tf*e scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. 8. J. Doe, related health care personnel are an adult individual employed by the .. CommonweaRh of Pennsylvania in a service.capacity who at all.relevant times acted. . . within the scope of their employment relationship with an address of 2500 Lisburn ~~ Road, Camp Hill, Pa. 17001,8837. ' ~ ' . ~ 9.~ .Defendant Prison Health. Services, Inc. is a business entity'organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service~relationship with the Commonwealth of Pennsylvania and . ., acted within the'scope of its. service employment relationship with an address of ~ . . ~ ~ ~ ~ 105 W, Park'Drive, Ste. 200 Brentwood,.TN: 37027 or 2500 Lisburn Road, Camp Hill, ~~ Pa. 17001.. .. .. ... .. .. .. . 10. Defendant Holy Spirit Hospital of the Sisters of Christian Charity is a hospital entity under the laws of the Commonwealth of Pennsylvania and maintains a facility at 503 N. 21~` St. Camp Hill, Pa. 17001. il. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority. iZ. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter'Turner"j came into the custody of the State Correctional Institution Camp Hill to serve a prison sentence. He died February 3, 2008. l ~ : 13. SCI-Camp Hill subjected Turner to a:diagnostic process intruding but riot limited to a medical examination and follow-up treatment, educational and vocational testing, . psychological testing and assessment and interviews by staff members. 14. SCI- Camp Hill classified Turners case as one which involved a problematic offense. 15. i)uririg.Tumer~s confinement it was determined fhrough~the diagnostic process that Tumer suffered with anxiety and depression. ~' ~ ' ~~ ~ :16. As part of the medical folk~nr-up treatment fbr any and all of his conditions, known or . ~ unknown, Turner was given and took prescription medications. 17. During the period of his confinement at SCI-Camp Hill Turner was moved from block to ~ . bkxk, to the infirmary and to solitary confinement whereby he.was highly.watched and,. . .~ monitored due to the results of the on going:diagnosticpro~ess and classification of his ~. .. case::.. :. . ~ .. .. . " 18.On a~ about February 2; 2008,. despite intense controlarld observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 19. Despite evidence of medical and/or emotional distress, Tumer was not transported to Holy Spirit Hospital until after lip.m. 20. Tumer was in the care of the defendant Holy Spirit Hospital for three hours until 2:07. a.m. on February 3, 2008 when he was pronounced dead. COUNT I NEGLIGENCE THE ESTATE of Jeffrey C. Tumer v. The CommonweaRh of Pennsylvania, et: al. 21. The~allegations of the preceding paragraphs one through twenty (1-2Qj are • incorporated by reference~as though fully set forth herein. 22. Solely •as result of the conduct of the defendants, each and every, jointly and • . ~ ~ severally, the decedent was caused to suffer serious and severe iAjory, insult and deprivation'of body systems and' function which were the proximate and or direct . ~ cause o'P his death. ~ ~ ~ ~ .. ~ .. - . ~ 23. Solely'as a result of the conduct of the defendants each and every jointly and : ~ . . severally plaintiffs were caused to spend various sums of money on funeral, . ~. cremation,.intemment, memorial and estate administrations expenses. , , 24. Solely as a result of the conduct of the defendants each and.every, jointly and . - : - - severally, the-decedent has-suffered a loss of enjoymenx of life's fiabits, avocations, - .. .. -. - ~ social, personal and recreational~endeavorsforever. ~ - ° - - ~ ~ ~ - 25. Solely as a result of the conduct of the defendants each and every jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 26. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (a.) Failure of the defendants to possess or exercise the care, skill, judgment and training required for undertaking the .penal, medical, psychological and psychiatric ~ ~ . care and treatment of the decedent, together. with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b.) Failure~of the defendants to exercise due care or. properly train and supervise . personnel under their direction and supervision-and control in the performance 'of~instructions and counseling in treatment of inmate anxiety and depression; .~- ~ ~ (c.) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; . - (d,) Failure to provide. decedent with sufficient understanding of the risks involved . in the medication; .... ... .. ... .. . ~ . (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks ~. ~. ~ involved with~the use of the medication; ~ ~ ~ .. ~ . (f.) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants; (g.) Being otherwise negligent and careless under the circumstances. WHEREFORE, plaintiffs demands judgment against the defendants each and every, jointly and severally, for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION 27. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through twenty six. (1-26) ' as though fully set forth herein. 28. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner deceased, brings this action on behalf of the survivors of the decedent under ~~ and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A.Sect.8301. 29. Plaintiff claims damages for pecuniary loss suffered by decedent's survNOrs by reason of the wrongful death of Jeffrey C. Turner, as well as reimbursement for med'~cal bills, funeral~experises and administration expenses incunred therewith. 30. As' a result of the v~trongful death of Jeffrey C..Tumer, the~suroivors have been .deprived of the guidance, love, tutelage, companionship, support and comfort which ~ ; .. they would.have. received from him for the remainder of his natural Life. . .. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Turner, deceased, demands judgme~t.against the defendants.each ~ . and every, jointly and severally, for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00 ). SECOND CAUSE OF ACTION 31. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty (1-30) as though fully set forth herein. 32. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, brings this action to recover damages to the estate of the decedent under and by virtue of the Pennsyhrania Wrongful Death Act, 42 Pa. C.S.A.Sect. 8302. 33. As a result of the death of Jeffrey C. Turner; his estate has been deprived of the economic value of his life expectancy anr~ plaintiff claims damages for the pecuniary loss caused by his death. ~ ~ . 34. Plaintiff claims on behalf of the estate of the decedent damages for the conscious pain and suffering and mental anguish undergone by the plaintiffs decedent from February . 2, 2008 to February 3, 2008. ~ ~ ~ :. . 3S. As a result of the untimely death of the decedent; plaintiff claims for the defendant an additional sum for the psychic value .of the expectancy and enjoyment of the life of ~~ the decedent which was ended by his death. 36. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 37.. Plaintiff claims damages for the loss suffered by the decedent of.the prospective ~ , happiness and the enjoyment and pleasures of life which plaintiff decedent~would ~~~ have had during the remainder of his natural life ended by his death. ~ .' WHEREFORE, plaintiff prays for judgment against the defendants each and Every, jointly and severally, for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). THIRD CAUSE OF ACTION 38. Plaintiff, Leeland B. Turner, Administrator for the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty seven (1-37) as though fully set forth herein. 39. Plaintiff brings this action under and pursuant to43 U.S. Code Sect.1983. .~ 40. Plaintiff claims damages for~pecuniary~losses suffered by the decedent caused by violation of the.decedent's Federally protected civil rights by the defendants and . reimbursement for medical bills, funeral, internment and administrative expenses. 41. Plaintiff claims damages for violation of the c'n-il rights ~of the' decedent: WHEREFORE, Plaintiff individually and as Administrator of the Estate of Jeffrey C. Turner, deceased; demands judgment against the defendants . ' ~ ~. ~ ~ ~ ~ each and. every jointly and severally in an amount in excess of FIFTY ~ ~ . THOUSAND DOLLARS ($SO,t)00.00). ~ , Respectfully Submitted, Hans Edward. Solum, Jr. VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements made in this Complaint are true and correct. I understand that false statements herein, are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. DATE• ~ 1 O Z O 1 O c~~- . ~ Leeland. B. Turner, Administrator . CERTIFICATE OF SERVICE AND NOW, this ~~~day of 2010,1, Hans Edward Solum,lr.,hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: BY FI Aaron S. Jayman, Esq. - ..1200 Camp Hill Bypass .... .. . Suite 205 .Camp Hill, PA 17011-3700 .. . ..Michael C. Mongiello, Esq. FOULKROD EWS, P.C. - ~ . 2010 Market Street . Camp Hill, PA 17011 (Counsel for Prison Health Services) Craig A. Stone, Esq. - - MARSHALL, DENNEHEY,.WARNER, CQLEMAN;-& GOGGIN: . - 4200 Cruets Miil Road ~ ..~ ~ - . Suite B ~ ~ ~ ~ - Harrisburg, PA 17110 . ~ .. . {Counsel'for Defendant; Prison Health System Services, Inc.) . . ~ Daniel R. Goodemote, Esq. -. ~ ~ ~ ~ ~ ~ - - - ~ ~ OFFICE-OF ATTORNEY GENERAL - - -~ ~ . . - ~ ~. - ~ ~ ~ ~ -Torts Litigation Section - . Strawberry Square; 15xh Floor Harrisburg, PA 17120 - ~ -- ~ - (Counsei for Defendants, John A:-Palakovich, Superintendent and Jeffrey A... ~ - Beard Ph.D.; . ~ ~ ~ SCi- Commonwealthof Pennsylvania; Department of Corrections) ~ ~ .: ~. ~ .. - . ~ ~ ~ .Hans Edward um, Jr. ... .... Hans Edward Solum Jr. Esq. Attorney for Plaintiff 127 Chester Pike Attorney LD. 20593 Ridley Park, PA 19078 (610j 299-0462 THE ESTATE OF 1EFFREY C. TURNER, IN THE COURT OF COMMCON PLEAS DECD BY AND THROUGH LEELAND • OF CUMBERLAND COUNTY, PA o B. TURNER, ADMINISTRATOR ~ a CIVIL ACTION , Plaintiff MEDICAL PROFESSIONAL UAB ~ ~ ~~ v. ~ ~', ~ s No: 10-709-CIVIL ru COMMONWEALTH OF PENNSYLVANIA, N et al. . • Defendants ~ ~ ~ JURY TRIAL DEMANDED CERTIFIGTE OF MERIT Cert'rf`icate of Merit as to PRISON HEALTH SERVICES. Inc.,. i; Hans Edward. Solum Jr. Esq., certify that: . ,~ an appropriate I'icensed 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; ~ ... .. the claim that'this defendant deviated from an acceptable professional standard is based solely, on allegations that other licensed rofessionals for whom this . . p ' defenc~nt 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. cane, skill or.knowledge. exercised on exhibited by the other 1'icensed 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. . Date: ~ Z7 ~O .. .. ..- .. ~ . Hans Edward Solu Jr Esq _- --- CA~AL PRAECIPE FOR LISTING CASE FQR ARGUMENT v i r (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) LEELAND B. TURNER, ADMINISTRATOR OF THE ESTATE OF JEFFREY C. TURNS Q ~ DECEASED ~ ~ -~ i';' c. -- ... s -- Jeffrey A. Beard, Ph.D., et al. fM~, ` rv ~ (- =~'"• ' ~ ~-- No. 2010-709 Civt`k: i.._ -~ ~_ Term -_ ~ , 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's dem;~'rer t~" _.,.a ; _ complaint, etc.): ~--' Cr = ~ °-~ Defendants Preliminary Objections to Plaintiffs Comvlaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Hans Edward Solum, Jr., Esquire, 127 Chester Pike, Ridley Park, PA 19078 (Name and Address) Thomas Chairs, Esq., Aaron Jayman, Esq.,1200 Camp Hill Bypass, Ste 205, Camp Hill 17011 (b) for defendants: Michael C. Mongiello, Esq., 4200 Crums Mill Rd, Ste B, Harrisburg, PA 17112 (Name and Address) Daniel R. Goodemote, Esq., Strawberry Sq, 15th Floor, Harrisburg, PA 17120 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Date: 1 ~ ~,~ I ~b , Print your name Prison Health Services, Inc. Attorney for INSTRUCTIONS: 1.Orlginal and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serge 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. • ._ r^_~__ ~~~ !'- Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d~oodemotenattorneY~eneral. J rt ~ t, j , A'~G' S ~n~ to : r3 ~.~ r - ~ . `' , `, The Estate of JEFFREY C. TURNER, deed IN THE COURT OF COMMON PLEAS By and through LEELAND B. TURNER, OF CUMBERLAND COUNTY, PA Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT QF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, : STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants No. 10-709 CIVIL ORDER AND NOW, this day of 2010, upon consideration of the Commonwealth Defendants' Preliminary Objections, and any response hereto, it is hereby ORDERED and DECREED, as follows: The Commonwealth Defendants' Preliminary Objections are GRANTED and Plaintiff s Complaint is hereby DISMISSED with prejudice. BY THE COURT: J. I. y Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 ~oodemoteCcv,attorney eg neral.£,o~' The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 10-709 CIVIL NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: D iel R. oode Senior Deputy Attorney General Supreme Court No. 30986 Dated: July 30, 2010 .. Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d~oodemote~ attorneYgeneral. ~o v The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, -INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 10-709 CIVIL PRELIMINARY OBJECTIONS OF COMMONWEALTH DEFENDANTS These Preliminary Objections are filed by Defendants, Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D., John A. Palakovich (Commonwealth Defendants): 1. Plaintiff, the Estate of Jeffrey C. Turner, sued the Commonwealth Defendants, as well as others on or about May 10, 2010. 2. Plaintiff s causes of action arise from the death of Plaintiff's decedent, allegedly overdosed on drugs which were prescribed to him. Plaintiffs Complaint, ¶18. 3. Plaintiff alleges the Commonwealth Defendants were negligent by providing professional treatment which was improper. Plaintiff s Complaint, ¶26. Preliminary Objection -Legal Insufficiency, or in the Alternative, Insufficient Specificity - Third Cause of action 4. Plaintiff's Complaint purports to bring his action under 42 USC § 1983. Plaintiff's Complaint, ¶39. 5. Plaintiff alleges no supporting facts whatsoever which would serve as a basis for § 1983 liability by any of the Commonwealth Defendants. WHEREFORE, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff s action under 42 USC § 1983 (Complaint, Third Cause of Action) or, in the alternative, order Plaintiff to file a more specific pleading alleging specific facts giving rise to the liability of the Commonwealth Defendants under 42 USC § 1983. Preliminary Objection -Legal Insufficiency, or in the Alternative, Insufficient Specificity - First Cause of action 6. The First Count of Plaintiff's Complaint alleges the failure of the defendants to "exercise the skill, judgment and training required for undertaking the penal, medical, .psychological and psychiatric care and treatment of the decedent... " 7. The Commonwealth retains sovereign immunity, except where expressly waived by the legislature. 1 Pa. C.S. § 2310. 8. Commonwealth officials and employees acting within the scope of their duties enjoy the same immunity as the Commonwealth itself. 9. There is no waiver of immunity for negligent penal care or treatment; this allegation is legally insufficient. 10. Plaintiff utterly fails to identify the individuals employed by the Commonwealth who allegedly provided negligent professional care to Plaintiff's decedent. 11. Plaintiff fails to identify the negligent acts committed by the individuals employed by the Commonwealth. 12. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.RC.P., Rule 1019(a}. 13. A complaint shall identify each defendant against whom plaintiff is asserting a professional liability claim. Pa.R.C.P., Rule 1042.2. 14. Plaintiff has not pled any material facts with respect to the nature of the negligent professional acts complained of or the identity of the persons who allegedly committed negligent professional acts. WHEREFORE, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff's action insofar as it is based on negligent penal treatment or care. Furthermore, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff's action based on negligent professional treatment or care, or in the alternative, order Plaintiff to name the specific individuals against whom he is assering a professional liability claim and the set forth specific acts they committed or omitted which serve the basis for his cause of action. Preliminary Objection in the Nature of a Motion to Strike 15. Plaintiff s Complaint states: 26. The damages sustained by the decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: g. Being otherwise negligent and careless under the circumstances. 16. T'he language set forth above is overbroad and vague. WHEREFORE, the Commonwealth Defendants request this Honorable Court to strike the words "which included, but are not limited to the following:" from Plaintiff's Complaint, ¶26, and to strike ¶26(g) in its entirety. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General By: D iel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Preliminary Objections of Commonwealth Defendants are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. aniel Go t Dated: July 30, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Dickie, McCarney & Chilcote 1200 Camp Hill Bypass -Suite 205 Camp Hill, PA 17011 (717-731-4800 (Attorney for Holy Spirit) Michael C. Mongiello Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Prison Health Services) aniel R. Goo emote Senior Deputy Attorney General Supreme Court No. 3098b Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: July 30, 2010 HANS EDWARD SOLUM, JR. 127 Chester Pike Ridley Park, PA 19078 Attorney for plaint'~ff Attorney I.D. #20593 610.299.0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA The Estate of . JEFFREY C. TURNER, deed By and through 10-709 Civil LEELAND B. TURNER, Administrator ~-, Y. . COMMONWEALTH OF PENNSYLVANIA, et. al. -~ .~ ,o` . s ~;, o ---, -, c~~ ~ _ O _~ _ ~ _, 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 (20j 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 SHODU) TAKE THIS PAPER TO YOUR LAWYER AT ONCE. iF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICf CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH -INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON5 AT A REDUCED RATE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 717.249.3166 PRISON HEALTH SERVICES, Inc 105 W. Park Drive, Ste. 200 Brentwood, TN 37027, or SCI Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598 FIRST AMENDED COMPLAINT 1. Leeland B. Turner, Administrator, is an adult individual who resides at 1 Meers Lane, Delaware County, Glen Mills, Pa. 19342 and was appointed by the Register of Wills, Chester County, Pennsylvania as the Administrator of the Estate of Jeffrey C. Turner, deceased, his son who left two children the intestate beneficiaries of his estate. 2. Jeffrey C. Turner, date of birth May 18, 1969, deceased, was a former resident of Chester County, Pennsylvania but at the time of his death at age 38 on February 8, 2008, was an inmate at the Pennsylvania State Correction Institution at Camp Hi112500 Lisburn Road, Camp Hill, Pa. 17001-0598 3. The Commonwealth of Pennsylvania is a state entity which maintains and operates a system of penal correction subject to Exceptions to Sovereign Immunity @42 Pa. C.S. 58522 et seq, with an address of Strawberry Square, Harrisburg, Pa. 17120 4. Defendant Jeffrey A. Beard, PhD. Is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2520 Lisburn Road, Camp Hill, Pa. 17001-8837. 5. John A. Palakovich, is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 7. J. Doe, Nurse/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 8. J. Doe, related health care personnel are an adult individual employed by the Commonwealth of Pennsylvania in a service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 9. Defendant Prison Health Services, Inc. is a business entity organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service relationship with the Commonwealth of Pennsylvania and acted within the scope of its service employment relationship with an address of 105 W. Park Drive Ste. 200 Brentwood, TN 37027 or 2500 Lisburn Road, Camp Hill, Pa. 17001. Plaintiff is asserting a professional liability claim against the defendant. 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority. l 1.On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp hill to serve a prison sentence. He died February 3, 2008. 12.On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill- SCI. 13. SCI- Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing. 14. SCI-Camp Hill classified Turner's case as one which involved a problematic offense. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression. 16. As part of the medical follow-up treatment for any and all of his conditions, known or unknown, Turner was given and took prescription medications. 17. Turner was suicidal from anxiety and depression. 18. Turner was prescribed sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 19. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison employees. 20. Prison Health Services Inc and its employees knew Turner was suicidal. 21. Prison Health Services Inc. and its employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 22. Prison Health Services Inc and its employees gave Turner prescription drugs even after he had attempted suicide three times. 23. Prison Health Services Inc and its employees deliberately gave Turner drugs and were indifferent as to whether they would lead to his suicide. 24. During the period of his confinement at SCI- Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case. 25. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 26. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. COUNTI NEGLIGENCE THE ESTATE of Jeffrey C. Turner v. The Commonwealth of Pennsylvania, et al. 27. The allegations of the preceding paragraphs one through eighteen (1-26) are incorporated by reference as though fully set forth herein. 28. Solely as a result of the conduct of the defendants, each and every, jointly and severally, the decedent was caused to suffer serious and severe injury, insult and deprivation of body systems and functions which were the proximate and or direct cause of death. 29. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate administrations expenses. 30. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 31. Solely as a result of the conduct of the defendants each and every jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 32. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (a.) Failure of the defendams to possess or exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b.)Failure of the defendants to exercise due care or property train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c.)Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d.} Failure to provide decedent with sufficient understanding of the risks involved in medication; (e.}Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f.) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants; (g.)Being otherwise negligent and careless under the circumstances. WHEREFORE, plaintiff demands judgment against the defendants each and every, jointly and severally, for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION 33. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through twenty six (1-25) as though fully set forth herein. 34. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner deceased, brings this action on behalf of the survivors of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8301. 35. Plaintiff claims damages for pecuniary loss suffered by decedent's survivors by reason of the wrongful death of Jeffrey C. Turner, as well as reunbursement for medical bills, funeral expenses and administration expenses incurred therewith. 36. As a result of the wrongful death of Jeffrey C. Turner, the survivors have been deprived of the guidance, love, tutelage, companionship, support and comfort which they would have received from him for the remainder of his natural life. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every, jointly and severally, for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). SECOND CAUSE OF ACTION 37. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty (1-36) as though fully set forth herein. 38. Plaintiff, Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, bangs this action to recover damages to the estate of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8302. 39. As a result of the death of Jeffrey C. Turner, his estate has been deprived of the economic value of his life expectancy and plaintiff claims damages for the pecuniary loss caused by his death. 40. Plaintiff claims on behalf of the estate of the decedent damages for the conscious pain and suffering and mental anguish undergone by the plaintiff's decedent from February 2, 2008 to February 3, 2008. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiffs decedent would have had during the remainder of his natural life ended by his death. WHERREFORE, plaintiff prays for judgment against the defendants each and every, jointly and severally, for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). THIRD CAUSE OF ACTION 44. Plaintiff, Zeeland B, Turner, Administrator for the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty seven (1-43) as though fully set forth herein. 45. Plaintiff brings this action under and pursuant to 42 U. S. Code Sect. 1983. 46. Plaintiff claims damages for pecuniary losses suffered by the decedent caused by violation of the decedent's Federally protected civil rights by the defendants and reimbursement for medical bills, funeral, internment and administrative expenses. 47. Plaintiff claims damages for violation of civil rights of the decedent. 48. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 49. Decedent exhibited a serious medical need for psychological and psychiatric treatmern. 50. Prison records show that on November 11, 2007, decedent was disciplined by the prison for damaging prison property by weaving a bed sheet with which he stated to a guard that he was going to hang himself. 51. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 52. The defendant was being treated for his medical and psychiatric difficulties with sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 53. The cause of death was mixed drug toxicity which included amitriptyline and its metabolite, nortriptyline and sertraline and its metabolite, desmethylsertraline. 54. Decedent had been transferred from the general population to a lock down unit. 55. A search of his cell revealed a suicide note. 56. He was moved to an observation unit in the infirmary, stripped naked, and put on 15 minute round the clock checks. 57. Decedent was deliberately supplied medications as indicated in paragraph 44 by the defendants each and every jointly and severally. 58. The defendants each and every jointly and severally have drawn an influence of excessive risk to the decedent's health and safety when he was moved from the general population to a lock down unit and then to the infirmary, stripped naked, and put on 1 S minute suicide watch. 59. The decedent while in a suicide watch from November 11, 2007 had no opportunity to secure drugs from other prisoners. 60. The coroner's report showed that the decedent overdosed on prescription drugs that were supplied to him by the prison. 61. Despite the prison's knowledge of decedent's suicidal tendencies, the prison continued to prescribe and supply drugs, indifferent to the excessive risks to his health and safety. 62. Access to the drugs by the defendant was in the exclusive control of the prison which was in exclusive control of the decedent whose death could only have resulted from the delivered indifference of the prison. 63. The Commonwealth of Pennsylvania contracted with Prison Health Services Inc., to meet its duty of medical care for Camp Hill- SCI inmates. 64. Prison Health Services Inc. accepted the contract and became an agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill- SCI inmates as an agent of the State. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill- SCI and who were the agents servants and employees of Prison Health Services Inc., agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill- SCI. 66. Prison Health Services Inc. medical needs personnel knew that Turner was suicidal. 67. As employees of Prison Health Services Inc. the personnel had a duty to Turner to exercise care not to facilitate his suicide with drugs prescribed and made available to him. 68. As employees of Prison Health Services Inc., the contractor was aware of Turner's suicidal nature. 69. Commonwealth of Pennsylvania, under exceptions to sovereign immunity is responsible for the actions of its agents, servants and employees. WHEREFORE, Plaintiff individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every jointly and severally in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00}. Respectfully trans tJawara VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements in this Complaint are true and correct. I understand that false statements herein, are made subject to the penalties of 1 S Pa. C.S. §4904 relating to unsworn falsifications to authorities. ~~----- Date: ~ ~ a ~ ~ Leeland B. Turner, Administrator CER'T'IFICATE OF SERVICE AND NOW, this day of ,2010, I, Hans Edward Solum, Jr., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U. S. mail, postage prepaid, addressed as follows: BY FIRST CLASS MAIL: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Crams Mill Road Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc.) Daniel R. Goodemote, Esq. OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section Strawberry Square, 15~' Floor Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI- Commonwealth of Pennsylvania, Departmeirt of Corrections) Hans Edward Solum, 4 ~ • ~ Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15~" Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d~;oodemotenattorney eg neral. The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants _ .;a '' C~ -z, -~ °: ' ~c ~. ~, ~ ~ .~:r_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 10-709 CIVIL PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly list the within matter for the next Argument Court. 1. The matter to be argued is Defendant's Preliminary Objections. 2. Identity of counsel to Argue Motion: (a) for Plaintiff: . , Hans Edward Solum, Jr., 127 Chester Pike, Ridley Park, PA 19078 (b) for Defendants: Daniel R. Goodemote, Esquire, Office of Attorney General, Torts Litigation Section 15th Floor, Strawberry Square, Harrisburg, PA 17120, (717) 783-3147 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2010 Respectfully submitted, THOMAS W. CORBETT, JR. ATTORNEY GENERAL By: iel R. Goo emote enior Deputy Attorney General Supreme Court No. 30986 DATED: August 31, 2010 v , • CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Dickie, McCarney & Chilcote 1200 Camp Hill Bypass -Suite 205 Camp Hill, PA 17011 (717-731-4800 (Attorney for Holy Spirit) Michael C. Mongiello Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Prison Health Services) iel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: August 31, 2010 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 dgoodemote(aattorney eg_neral.gcw r~*~ rri -v -~ ? v ~ =4~' ;~ ~~ w ~i . The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator, Plaintiffs v. IN THE COURT OF COMMO L OF CUMBERLAND COUNTY, PA COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants No. 10-709 CIVIL NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: D " iel R.`Poo`demote enior Deputy Attorney General Supreme Court No. 30986 Dated: August 31, 2010 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d~oodemotenaltorney eg neral• The Estate of JEFFREY C. TURNER, deed IN THE COURT OF COMMON PLEAS By and through LEELAND B. TURNER, OF CUMBERLAND COUNTY, PA Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, : DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants No. 10-709 CIVIL PRELIMINARY OBJECTIONS OF COMMONWEALTH DEFENDANTS These Preliminary Objections are filed by Defendants, Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D., John A. Palakovich (Commonwealth Defendants): 1. Plaintiff, the Estate of Jeffrey C. Turner, sued the Commonwealth Defendants, as well as others on or about May 10, 2010. 2. Plaintiffs causes of action arise from the death of Plaintiff's decedent, allegedly overdosed on drugs which were prescribed to him. Plaintiff's Amended Complaint, ¶25. Preliminary Objection No. 1-Legal Insufficiency, or in the Alternative, Insufficient Specificity -First Cause of action 3. The First Count of Plaintiff's Complaint alleges the failure of the defendants to "exercise the skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent... " 4. The Commonwealth retains sovereign immunity, except where expressly waived by the legislature. 1 Pa. C.S. § 2310. 5. Commonwealth officials and employees acting within the scope of their duties enjoy the same immunity as the Commonwealth itself. 6. There is no waiver of immunity for negligent penal care or treatment; this allegation is legally insufficient. 7. Plaintiff utterly fails to identify the individuals employed by the Commonwealth who allegedly provided negligent professional care to Plaintiff's decedent. 8. Plaintiff fails to identify the negligent acts committed by the individuals employed by the Commonwealth. 9. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.RC.P., Rule 1019(a). 10. A complaint shall identify each defendant against whom plaintiff is asserting a professional liability claim. Pa.R.C.P., Rule 1042.2. 11. Plaintiff has not pled any material facts with respect to the nature of the negligent professional acts complained of or the identity of the persons who allegedly committed negligent professional acts. WHEREFORE, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff s action insofar as it is based on negligent penal treatment or care. Furthermore, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff s action based on negligent professional treatment or care, or in the alternative, order Plaintiff to name the specific individuals against whom he is asserting a professional liability claim and the set forth specific acts they committed or omitted which serve the basis for his cause of action. Preliminary Objection No. 2 -Motion to Strike 12. Plaintiff s Amended Complaint states: 32. The damages sustained by the decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: g. Being otherwise negligent and careless under the circumstances. 13. The language set forth above is overbroad and vague. WHEREFORE, the Commonwealth Defendants request this Honorable Court to strike the words "which included, but are not limited to the following:" from Plaintiff s Complaint, ¶32, and to strike ¶32(g) in its entirety. Preliminary Objection No. 3 -Motion to Strike 14. Paragraph 29 of Plaintiff s Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate expenses. 15. The damages claimed by the Plaintiff are not within the types of damages recoverable against a Commonwealth party under the Sovereign Immunity Act, 42 Pa.C.S. §8528(c). WHEREFORE, the Commonwealth Defendants respectfully request this Honorable Court to strike Paragraph 29 as it relates to the Commonwealth Defendants. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General By: aniel R. Goode Senior Deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Preliminary Objections of Commonwealth Defendants are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. iel R. Goo mote Dated: August 31, 2010 .~ CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Dickie, McCarney & Chilcote 1200 Camp Hill Bypass -Suite 205 Camp Hill, PA 17011 (717-731-4800 (Attorney for Holy Spirit) Michael C. Mongiello Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Prison Health Services) aniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: August 31, 2010 G1'AL 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 fulQ ~ a THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TU '~' ~'*1 ...~ ~~ ADMINISTRATOR ~ vs. ~~ ao ~ PRISON HEALTH SERVICES, INC. , ET AL. C,C't~.' ~~ 'D ~ ~- 10-709 civit V? ---t ~ No. 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Brief in Support of Preliminary Obiections to Plaintiffs Amended Complaint of Def. PHS, Inc. 2. Identify all counsel who will argue cases: (a) for plaintiffs: Hans Edward Solum, Jr. 127 Chester Pike, Ridley Park, PA 19078 (Name and Address) Michael C. Mongiello, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 (b) for defendants: Daniel Goodemote, Esquire, Torts Litigation Section, 15th Fl, Strawberry Sq., Hbrg, PA 17120 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2010 Val ~kl/~ Date: ~ ~~" ~ ~ ~ Print your name 1 I Prison Health Services, Inc. ~J Attorney for INSTRUCTIONS: 1.Original and 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. HANS EDWARD SOLUM, AL 127 CHESTER PM RIDLEY PAMPA 19078 ATTORNEY FOR PLAINTIFF ATTORNEY ID #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYLVANIA The Estate of JEFFREY C. TURNER, dec'd By and through 10-709 Civil LEELAND B. TURNER, Administrator c:) r2 V. , ca oo ''1 .4- r- v - COMMONWEALTH OF PENNSYLVANIA, et al. ?-- -ap ` °Iy c> C -y 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 717.249.3166 I PRISON HEALTH SERVICES, Inc 105 W. Park Drive, Ste. 200 Brentwood, TN 37027, or SCI- Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598 SECOND AMENDED COMPLAINT 1. Leeland B. Turner, Administrator, is an adult individual who resides at 1 Meers Lane, Delaware County, Glen Mills, Pa. 19342 and was appointed by the Register of Wills, Chester County, Pennsylvania as the Administrator of the Estate of Jeffrey C. Turner, deceased, his son who left two children the intestate beneficiaries of his estate. 2. Jeffrey C. Turner, date of birth May 18, 1969, deceased, was a former resident of Chester County, Pennsylvania but at the time of his death at age 38 on February 8, 2008, was an inmate at the Pennsylvania State Correction Institution at Camp Hill 2500 Lisburn Road, Camp Hill, Pa. 17001-0598 3. The Commonwealth of Pennsylvania is a state entity which maintains and operates a system of penal correction subject to Exceptions to Sovereign Immunity @42 Pa. C.S. 58522 et seq, with an address of Strawberry Square, Harrisburg, Pa. 17120 4. Defendant Jeffrey A. Beard, PhD. Is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2520 Lisburn Road, Camp Hill, Pa. 17001-8837. 5. John A. Palakovich, is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 7. J. Doe, Nurse/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 8. J. Doe, related health care personnel are an adult individual employed by the Commonwealth of Pennsylvania in a service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 9. Defendant Prison Health Services, Inc. is a business entity organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service relationship with the Commonwealth of Pennsylvania and acted within the scope of its service employment relationship with an address of 105 W. Park Drive Ste. 200 Brentwood, TN 37027 or 2500 Lisburn Road, Camp Hill, Pa. 17001. Plaintiff is asserting a professional liability claim against the defendant. 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority. 11. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp hill to serve a prison sentence. He died February 3, 2008. 12. On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill- SCI. 13. SCI- Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing. 14. SCI-Camp Hill classified Turner's case as one which involved a problematic offense. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression. 16. Turner was suicidal from anxiety and depression. 17. Turner was prescribed sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 18. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison employees. 19. Prison Health Services Inc and its employees knew Turner was suicidal. 20. Prison Health Services Inc. and its employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 21. Prison Health Services Inc and its employees gave Turner prescription drugs even after he had attempted suicide three times. 22. Prison Health Services Inc and its employees deliberately gave Turner drugs and were indifferent as to whether they would lead to his alleged suicide. 23. During the period of his confinement at SCI- Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case. 24. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 25. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. COUNTI NEGLIGENCE THE ESTATE of Jeffrey C. Turner v. The Commonwealth of Pennsylvania, et at. 26. The allegations of the preceding paragraphs one through eighteen (1-26) are incorporated by reference as though fully set forth herein. 27. Solely as a result of the conduct of the defendants, each and every, jointly and severally, the decedent was caused to suffer serious and severe injury, insult and deprivation of body systems and functions which were the proximate and or direct cause of death. 28. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 30. Solely as a result of the conduct of the defendants each and every jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which include the following: (a.) Failure of the defendants to possess or exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b) Failure of the defendants to exercise due care or property train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c.) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d) Failure to provide decedent with sufficient understanding of the risks involved in medication; (e) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f. ) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants. WHEREFORE, plaintiff demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc. for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION 32. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through twenty six (1-25) as though fully set forth herein. 33. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner deceased, brings this action on behalf of the survivors of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8301. 34. Plaintiff claims damages for pecuniary loss suffered by decedent's survivors by reason of the wrongful death of Jeffrey C. Turner, as well as reimbursement for medical bills, funeral expenses and administration expenses incurred therewith. 35. As a result of the wrongful death of Jeffrey C. Turner, the survivors have been deprived of the guidance, love, tutelage, companionship, support and comfort which they would have received from him for the remainder of his natural life. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). SECOND CAUSE OF ACTION 37. Plaintiff; Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty (1-36) as though fully set forth herein. 38. Plaintiff, Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, brings this action to recover damages to the estate of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8302. 39. As a result of the death of Jeffrey C. Turner, his estate has been deprived of the economic value of his life expectancy and plaintiff claims damages for the pecuniary loss caused by his death. 40. Plaintiff claims on behalf of the estate of the decedent damages for the conscious pain and suffering and mental anguish undergone by the plaintiffs decedent from February 2, 2008 to February 3, 2008. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death. WHEREFORE, plaintiff prays for judgment against the defendants each and every, jointly and severally including Prison Health Systems Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). THIRD CAUSE OF ACTION 44. Plaintiff, Leeland B, Turner, Administrator for the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty seven (1-43) as though fully set forth herein. 45. Plaintiff brings this action under and pursuant to 42 U. S. Code Sect. 1983. 46. Plaintiff claims damages for pecuniary losses suffered by the decedent caused by violation of the decedent's Federally protected civil rights by the defendants and reimbursement for medical bills, funeral, internment and administrative expenses. 47. Plaintiff claims damages for violation of civil rights of the decedent. 48. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 49. Decedent exhibited a serious medical need for psychological and psychiatric treatment. 50. Prison records show that on November 11, 2007, decedent was disciplined by the prison for damaging prison property by weaving a bed sheet with which he stated to a guard that he was going to hang himself. 51. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 52. The defendant was being treated for his medical and psychiatric difficulties with sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 53. The cause of death was mixed drug toxicity which included amitriptyline and its metabolite, nortriptyline and sertraline and its metabolite, desmethylsertraline. 54. Decedent had been transferred from the general population to a lock down unit. 55. A search of his cell revealed a suicide note. 56. He was moved to an observation unit in the infirmary, stripped naked, and put on 15 minute round the clock checks. 57. Decedent was deliberately supplied medications as indicated in paragraph 44 by the defendants each and every jointly and severally. 58. The defendants each and every jointly and severally have drawn an inference of excessive risk to the decedent's health and safety when he was moved from the general population to a lock down unit and then to the infirmary, stripped naked, and put on 15 minute suicide watch. 59. The decedent while in a suicide watch from November 11, 2007 had no opportunity to secure drugs from other prisoners. 60. The coroner's report showed that the decedent overdosed on prescription drugs that were supplied to him by the prison. 61. Despite the prison's knowledge of decedent's suicidal tendencies, the prison continued to prescribe and supply drugs, indifferent to the excessive risks to his health and safety. 62. Access to the drugs by the defendant was in the exclusive control of the prison which was in exclusive control of the decedent whose death could only have resulted from the deliberate indifference of the prison. 63. The Commonwealth of Pennsylvania contracted with Prison Health Services Inc., to meet its duty of medical care for Camp Hill- SCI inmates. 64. Prison Health Services Inc. accepted the contract and became an agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill- SCI inmates as an agent of the State. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill- SCI and who were the agents servants and employees of Prison Health Services Inc., agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill- SCI. 66. Prison Health Services Inc. medical needs personnel knew that Turner was suicidal. 67. As employees of Prison Health Services Inc. the personnel had a duty to Turner to exercise care not to facilitate his suicide with drugs prescribed and made available to him. 68. Amitriptyline (Elavil) is a psychotropic drug that if not administered properly can lead to increased suicidal tendencies. 69. No one has ever died from anxiety or depression. 70. Turner was in isolation and suicide watch and was restrained from harming himself except for the continuous supply of drugs by Prison Health Systems and its employees and agents. 71. Turner had a history of disciplinary infraction with the prison. 72. The use of drugs is a way of controlling inmates from disciplinary infraction as a means of calming. 73. Prison Health Systems Inc. knowingly intended to injure him to a point of calming by the use of drugs for his disciplinary outbursts. 74. Prison Health Systems had an obligation with the prison to effectively deal with those out of control inmates with medication where feasible. 75. Turner's out of control demeanor which included expressions of suicide were issues that could be effectively controlled by psychotropics all of which Prison Health Systems was fully aware. 76. Prison Health Systems knew Turner's disciplinary and suicidal issues and had a conscious appreciation of the risk involved by continuous dosing with Amitriptyline (Elavil). 77. Prison Health Systems was personally involved in the policies and practices of inmate control by prescription drugs as it was specifically contracted by the prison to perform medical services consistent with the disciplined administration of housing inmates. 78. As employees of Prison Health Services Inc., the contractor was aware of Turner's suicidal nature. 79. Commonwealth of Pennsylvania, under exceptions to sovereign immunity is responsible for the actions of its agents, servants and employees. WHEREFORE, Plaintiff individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every jointly and several including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). Respectfully Submitted, VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements in this Complaint are true and correct. I understand that false statements made therein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. J Date: Leeland B. Turner, Administrator CERTIFICATE OF SERVICE t? I kf - NOW, this ryfl I da offC° 2010 I Hans AND y , Edward Solum, Jr., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: BY FIRST CLASS MAIL: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Crums Mill Road Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc.) Daniel R. Goodemote, Esq. OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section Strawberry Square, 15'h Floor Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI- Commonwealth of Pennsylvania, Department of Corrections) Hans Edward Solum, Jr. CRAIG A. STONE, ESQUIRE I.D. No. 1590? MICHAEL C. MONGIELLO, ESQUIRE I.D. No. 87532 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff v. . PRISON HEALTH SERVICES, INC., et al. Defendants r' i Lli' 1 I ~ { o ii,~::'J ~~'i:~ 7 ,~, ,.-,. _ ~ .., ~, ~~~.,,~~ , ,.~ ~ d ~~~ ,-.,~ ~~~ ~;~ i `.. t . ~ ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Estate of Jeffrey C. Turner c/o Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be filed against you. IN WARNER, BY: Ii iello, Esquire 4200 Crams ill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Dated: ~ 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 Attorney for Defendant, Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, IN THE COURT pF COMMON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR . CIVIL ACTION Plaintiff MEDICAL PROFESSIONAL LIABIILTY v. No:10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT OF DEFENDANT, PRISON HEALTH SERVICES, INC. AND NOW comes Defendant, Prison Health Services, Inc. ("PHS"), by and through its counsel, Marshall, Dennehey, Warner, Coleman &Goggin, and preliminarily objects to Plaintiff s Second Amended Complaint as follows: 1. Plaintiff commenced this action on January 28, 2010 by filing a Praecipe for Writ of Summons and followed with a Complaint on May 13, 2010. 2. PHS timely filed several Preliminary Objections to Plaintiffs Complaint, along with a Supporting Brief, on July 21, 2010. 3. As a matter of course, Plaintiff timely filed an Amended Complaint on August 10, 2010. 4. Because numerous legal deficiencies remained in Plaintiffs Amended Complaint, PHS timely filed Preliminary Objections thereto on August 28, 2010. 5. Again as a matter of course, Plaintiff timely filed a Second Amended Complaint on September 17, 2010. A true and correct copy of Plaintiffs Second Amended Complaint is attached to the instant Objections as Exhibit "A". 6. Plaintiffs Second Amended Complaint remains preliminarily objectionable on several grounds and PHS now timely files the instant Preliminary Objections thereto. A. PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME 5. The "Second Cause of Action" set forth in Plaintiffs Second Amended Complaint, brought pursuant to Section 1983, is a claim for an alleged deliberate indifference to Plaintiffs decedent's Eighth Amendment rights against cruel and unusual punishment. See Exhibit "A". 6. The allegations plead in Plaintiffs Second Amended Complaint fall well short of the liability threshold under Section 1983, particulazly considering that Plaintiff s allegations against PHS sound only in vicarious liability. Id. and see Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. 2 B. PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S SECOND AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY 7. Plaintiff pleads as follows in his Second Amended Complaint: 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents servants workmen and employees who were acting within the scope of their agreement, agency, servantship and authority. 65. Prison Health Services Inc. hired and emploXed Sohn Doe, doctors, nurses and healthcare personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill-SCI and who were the agents servants and employees of Prison Health Services, Inc, an agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill-SCI. See Exhibit "A" (emphasis supplied). 8. By said assertion, Plaintiff is obviously claiming that PHS is vicariously liable for the conduct of such unidentified "agents, servants, workmen and employees", who were allegedly professionally negligent in several respects, as well as deliberately indifferent to Plaintiffs decedent's constitutional rights. Id. at Count I and "Second Cause of Action". 9. Contrary to Pennsylvania agency laws, Plaintiff fails to set forth ~ identifying information regarding allegedly responsible agents or servants of PHS. See Supporting Brief. 10. Plaintiffs medical professional liability claim against unknown and unidentified healthcaze providers is particularly inappropriate considering that a separate Certificate of Merit must be filed as to each and every licensed professional against whom such a claim is asserted. See Pa.R.C.P. No. 1042.3(b)(1). See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. 3 C. PLAINTIFF SHOULD BE ORDERED TO FILE A THIRD AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PA.R.C.P. NO. 1020(a) 11. Pursuant to Pa.R.C.P. No. 1020(a), a plaintiff can plead more than one civil cause of action against the same defendant. See Supporting Brief. 12. However, each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief. Id. 13. Within his Second Amended Complaint, Plaintiff intermingles apparent causes of action against all Defendants irrespective of their involvement in the case, including for direct negligence, vicarious liability and deliberate indifference. See Exhibit "A". 14. Furthermore, claims of direct negligence and vicarious liability are not separately plead. Id. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. D. PARAGRAPHS 31 (d), (e) AND (f) Of PLAINTIFF'S SECOND AMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2) 17. Pa.R.C.P. No. 1028(a)(2) provides that a preliminary abjection may be filed when a pleading contains scandalous and impertinent matter. See Supporting Brief. 18. The clear gravamen of Plaintiffs Second Amended Complaint is that his decedent was improperly supplied with prescription medications, which he used to overdose and commit suicide. See Exhibit "A" generally. 19. In support of a negligence claim against PHS in this regard, Plaintiff avers in his Second Amended Complaint, inter alia, that: 4 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (d.) Failure to provide decedent with sufficient understanding of the side effect risks involved with the use of the medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; [and] (f.) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants[.) See Exhibit "A". 20. The fact that Plaintiffs decedent may not have been provided information regarding the side effects of, and alternatives to, the medications that he ultimately overdosed on for purposes of committing suicide is wholly immaterial to Plaintiff s core theory in this case, i.e., that Plaintiff should not have been prescribed medications at all considering his history of prior suicide attempts. See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. DENNEHEY, WARNER, GOGGIN ID No~: 8732 ~ ~ 4200 Cruets Mill R ad, Suite B Harrisburg, PA 17112 717-651-3500 Dated: ~p~l ~~b 5 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DENNEHEY, WARNER, i ,& GOGGIN Date: ~~ 1 d By: Attorney ID 7. 4200 Crams i Harrisburg, PA (717} 651-3500 ESQUIRE 05I618786.v1 6 L Road, Suite B 17112 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 Attorney for Defendant, Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, IN THE COURT OF COMMON PLEAS DECD BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR CIVIL ACTION Plaintiff MEDICAL PROFESSIONAL LIABIILTY v. No:10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. Defendants JURY TRIAL DEMANDED BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT OF DEFENDANT, PRISON HEALTH SERVICES, INC. PROCEDURAL AND FACTUAL BACKGROUND Plaintiff commenced this action on January 28, 2010 by filing a Praecipe for Writ of Summons. The undersigned, on behalf of Defendant, Prison Health Services, Inc. ("PHS")~, served Plaintiff with a certified Rule for Complaint on Apri120, 2010. When Plaintiff s counsel did not file a complaint within twenty (20) days thereafter, the undersigned followed with a 10- Day Notice of Intent to take Non Pros Judgment on May 11, 2010. In response, Plaintiff filed his Complaint on May 13, 2010. ' PHS provides physician and physician assistant services to correctional institutions. PHS timely filed several Preliminary Objections to Plaintiffs Complaint, along with a Supporting Brief, on July 21, 2010. As a matter of course, Plaintifftimely filed an Amended Complaint on August 10, 2010. Because numerous legal deficiencies remained in Plaintiff s Amended Complaint, PHS timely filed Preliminary Objections thereto on August 28, 2010. Again as a matter of course, Plaintiff timely filed a Second Amended Complaint on September 17, 2010. A true and correct copy of Plaintiffs Second Amended Complaint is attached to the instant Objections as Exhibit "A". In his Second Amended Complaint, under theories of wrongful death and survival,2 Plaintiff alleges the following underlying facts: 11. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp Hill to serve a prison sentence. He died February 3, 2008. 12. On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill-SCI. 13. SCI-Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing. 14. SCI-Camp Hill classified Turner's case as one which involved a problematic offense. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression. 16. Turner was suicidal from anxiety and depression. 17. Turner was prescribed setaline, ramitidine,3 diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 18. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison employees. 2 Plaintiff incorrectly references both 42 Pa.C.S.A. § 8301 and § 8302 as "the Pennsylvania Wrongful Death Act" in his Complaint. See Exhibit "A", First and Second Causes of Action. Section 8301 if the Wrongful Death Act whereas § 8302 is the Survival Act. s Plaintiff incorrectly identifies ranitidine as ramitidine. 2 19. Prison Health Services Inc. and its employees knew Turner was suicidal. 20. Prison Health Services Inc. and its employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 21. Prison Health Services Ins. And its employees gave Turner prescription drugs even after he had attempted suicide three times. 22. Prison Health Services Inc. and its employed deliberately gave Turner drugs and were indifferent as to whether they would lead to his alleged suicide. 23. During the period of his confinement at SCI-Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case. 25. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 26. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. See Exhibit "A". Based on these facts, Plaintiff makes claim against Defendants for negligence and deliberate indifference pursuant to 42 U.S. Code § 1983 ("Section 1983"). See Exhibit "A", Count I and "Second Cause of Action". All causes of action levied against PHS by Plaintiff are based on allegations of vicarious liability. See generally Exhibit "A". Plaintiffs Second Amended Complaint remains preliminarily objectionable on several grounds and PHS now timely files the instant Preliminary Objections thereto. This Brief is being offered in support thereof. 3 II. ISSUES A. WHETHER PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME? (Suggested answer in the AFFIRMATIVE.) B. WHETHER PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S SECOND AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY? (Suggested answer in the AFFIRMATIVE.) C. WHETHER PLAINTIFF SHOULD BE ORDERED TO FILE A THIRD AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PA.R.C.P. NO. 1020(a)? (Suggested answer in the AFFIRMATIVE.) D. WHETHER PARAGRAPHS 31 (d), (e) AND (f) OF PLAINTIFF'S SECOND AMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2)? (Suggested answer in the AFFIRMATIVE.) III. ARGUMENT A. PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME The "Second Cause of Action" set forth in Plaintiffs Second Amended Complaint, brought pursuant to Section 1983, is a claim for an alleged deliberate indifference to Plaintiffs decedent's Eighth Amendment rights against cruel and unusual punishment. See Exhibit "A". In particular support of this claim, Plaintiff makes the following allegations: 4 48. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 49. Decedent exhibited a serious medical need for psycholog`cal and psychiatric treatment. 50. Prison records show that an November 11, 2007, decedent was disciplined by the prison for damaging prison property by weaving_a bed sheet with which he stated to a guazd he was goin tg o hang himself. 51. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 52. The defendant [sic] was being treated for his medical and psychiatric difficulties with setaline [an anti-depressant medication], ranitidine [an antihistamine medication that blocks stomach acid], diphenhydramine [an antihistamine medication used to treat allergic reactions and Pazkinson's Disease], Remeron [an anti-depressant medication], Elavil [an anti-depressant medication], Bactrim [an antibiotic], doxycycline [an antibiotic], Risperdal [an anti-psychotic medication], Tylenol [an anti- inflammatory medication and fever reducer] and Maalox [an antacid medication]. 53. The cause of death was mixed drug toxicity which included amitriptyline [i.e., Elavil] and its metabolite, nortriptyline and sertaline and its metabolite, desmethylsertraline. 54. Decedent had been transferred from the eg neral population to a lock down unit. 55. A seazch of his cell revealed a suicide note. 56. He was moved to an observation unit in the infirmary, stripped naked, and put on fifteen minute round the clock checks. 57. Decedent was deliberately supplied medications as indicated in pazagraph 44 by the Defendants each and every jointly and severely. 58. The Defendants each and every jointly and severely have drawn an influence of excessive risk to the Decedent's health and safety when he was moved from the eneral population to a lock down unit and then to the infirmary stripped naked, and put on fifteen minute suicide watch. 5 59. The Decedent, while in a suicide watch from November 11, 2007, had no opportunity to secure drugs from other prisoners. 60. The coroner's report showed that the Decedent overdosed on prescription drugs that were supplied to him by the prison. 61. Despite the prison's knowledge of Decedent's suicidal tendencies, the prison continued to prescribe and supply drugs, indifferent to the excessive risks to his health and safety. 62. Access to the drugs by the Defendant was in the exclusive control of the prison which was in exclusive control of the Decedent whose death could only have resulted from the delivered indifference of the prison. 63. The Commonwealth of Pennsylvania contracted with Prison Health Services, Inc. to meet its duty of medical caze for Camp Hill -SCI inmates. 64. Prison Health Services, Inc. accepted the contract and became an agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill -SCI inmates as an agent of the state. 65. Prison Health Services, Inc. hired an employed John Doe, doctors, nurses and healthcaze personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill -SCI and who were the agents, servants and employees of Prison Health Services, Inc., agent for the Commonwealth of Pennsylvania and this constitutional responsibility to attend the medical needs of inmates at Camp Hill -SCI. 66. Prison Health Services, Inc. medical needs personnel knew that Turner was suicidal. 67. As employees of Prison Health Services, Inc. the personnel had a duty to Turner to exercise caze not to facilitate his suicide with drugs prescribed and made available to him. 68. Amitriptyline (Elavil) is a psychotropic drug that if not administered properly can lead to increased suicidal tendencies. 69. No one has ever dies from anxiety or depression. 6 70. Turner was in isolation and suicide watch and was restrained from harming himself except for the continuous supply of drugs by Prison Health Systems [sic] and its employees and agents. 71. Turner had a history of disciplinary infraction with the prison. 72. The use of drugs is a way of controlling inmates from disciplinary infraction as a means of calming. 73. Prison Health Systems [sic] Inc knowingly intended to injure him to a point of calming by the use of drugs for his disciplinary outburst. 74. Prison Health Systems [sic] had an obligation with the prison to effectively deal with those out of control inmates with medication where feasible. 75. Turner's out of control demeanor which included expressions of suicide were issues that could be effectively controlled b~psychotropics all of which Prison Health Systems [sic] was fully aware. 76. Prison Health Systems knew Turner's disciplinary and suicidal issues and had a conscious appreciation of the risk involved by continuous dosing with Amitriptyline (Elavil). 77. Prison Health Systems was personally involved in the policies and practices of inmate control by prescription drugs as it was specifically contracted by the prison to perform medical services consistent with the disciplined administration of housing inmates. ?8. As employees of Prison Health Services, Inc., the contractor was awaze of Turner's suicidal nature. Id. (emphasis supplied). As detailed herein, these allegations fall well short of the liability threshold under Section 1983, particularly considering that Plaintiffs allegations against PHS sound only in vicarious liability. Id. Pa.R.C.P. No. 1028(a)(4) allows for a demurrer based on legal insufficiency of a pleading. When presented with a preliminary objection in the nature of a demurrer, a Court should sustain the objection where "it is clear and free from doubt from all the facts pleaded that 7 the pleader will be unable to prove facts legally sufficient to establish [its] right to relief." Bourke v. Kazaras, 746 A.2d 642, 643 (Pa.Super. 2000). The question presented by a demurrer is "whether, on the facts averred, the law says with certainty that no recovery is possible." Baile~v. Storlazz, 729 A.2d 1206, 1211 (Pa.Super. 1999) (citations omitted). In addressing this question, the court does not have to deem conclusions of law, unreasonable inferences, argumentative allegations or opinions as true. Unger v. Hampton Twp., 263 A.2d 385 (Pa. 1970). To establish an Eighth Amendment claim against a medical defendant under Section 1983, a plaintiff must show "(i) a serious medical need, and (ii) acts or omissions ...that indicate deliberate indifference to that need." Natale v. Camden County Corr. Facility, 318 F.3d 575, 582 (3d Cir. 2003). The Plaintiff must demonstrate "unnecessary and wanton infliction of pain" that is "repugnant to the conscious of mankind" and "offend[s] evolving standards of decency." Estelle v. Gamble, 429 U.S. 97, 105-106 (1976). Deliberate indifference is a "subjective standard of liability consistent with recklessness as that term is defined in criminal law." Nicini v. Morra, 212 F. 3d. 798, 811 (Third Cir. 2000). The United States Supreme Court, in Farmer v. Brennan, 511 U.S. 825, 114 S. Ct. 1970 (1994), has most recently defined the deliberate indifference standard as requiring a showing that prison medical staff were "subjectively" aware of substantial risk of harm to the prisoner. Justice Souter stated in this regard: a prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety...the official must be both aware of facts from which the inference can be drawn that a substantial risk of serious harm exists and he must also draw the inference. 8 Id., 114 S. Ct. at 1979 (emphasis supplied). In the recent case of Zazagoza v. Dallas County, 2009 U.S. Dist. LEXIS 59795 (Northern Dist. of Texas 2009), the Court applied this reasoning to a factual situation specifically relevant to that presented in this case. Specifically, the Zazagoza Court rejected Plaintiffs allegations that prison officials must ensure that prescribed medications are swallowed by every inmate every time. Making clear that allegations of deliberate indifference must identify a perceptible risk, the Zaragoza Court concluded that it is "stretching, at best" to suggest that prison officials should be responsible for ensuring that prisoners ingest medications as prescribed and administered. Furthermore, courts will not intervene "upon allegation of mere negligence, mistake or difference of opinion." Washington v. Grace, 2010 U.S. Dist. LEXIS 63810 (M.D.Pa. 2010). In other words, a complaint that a physician "has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment". Estelle v. Gamble, 429 U.S. 97, 103, 106 (1976). The Third Circuit has confirmed that "it is well established that as long as a physician exercises professional judgment, his behavior will not violate a prisoner's constitutional rights." Brown v. Borough of Chambersburg, 903 F.2d 274, 278 (3d Cir. 1990). An official is not deliberately indifferent even if "he fails to alleviate a significant risk that she should have identified." Pai e, supra (emphasis supplied). As stated in Estelle, supra, "[a] medical decision not to order a [diagnostic test], or like measures, does not represent cruel and unusual punishment. At most it is medical malpractice." 429 U.S. at 107. Based on the foregoing, it is apparent that the deliberate indifference test affords considerable latitude to prison medical authorities in the diagnoses and treatment of medical problems in inmate patients. Accordingly, "[c]ourts will disavow any attempt to second guess the propriety or adequacy of a particular course of treatment...which remains a question of sound 9 professional judgment." Little v. Ldoming County, 912 F. Supp. 809, 815 (M.D. Pa. 1996) and Pare, supra. Accordingly, and as particularly relevant in the instant case, medical decisions regarding the prescription of medications will not give rise to a claim for deliberate indifference. Washington, supra. See also Fedimore v. Lon sg treet, 2010 U.S. Dist. Lexis 60453 (W.D.Pa. 2010). Under Section 1983, there are pleading limitations imposed on plaintiffs in order to prevent a need to defense "frivolous" and "vexatious" lawsuits. Light v. Blackwell, 472 F.Supp. 333, 335 (E.D. Ark. 1979). Consistent with the foregoing, a defendant in a civil rights action must have personal involvement in the alleged wrongdoing. Evancho v. Fisher, 423 F.3d 347 (3d.Cir. 2005). Liabilitycannot be predicated solely on the operation of respondeat superior. Id. Personal involvement can be shown throu allegations of personal direction or of actual knowledge and acquiescence. Id. Mere failure to act in the face of an unconstitutional act committed by one or more subordinate(s) cannot be a basis for the imposition of civil rights liability on a principal. Young_v. Keohane, 809 F.Supp. 1185 (M.D.Pa. 1992). The allegations must meet the requirement set forth in Brown v. Muhlenberg Township, 269 F.3d 205 (3d. Cir. 2001): '[I]t is not enough for the plaintiff to azgue that the constitutionally cognizable injury would not have occurred if the superior had done more than he or she did.' Rather the plaintiff must identify specific acts of the supervision that evidence deliberate indifference and persuade the court that there is a'relationship between the identified deficiency and the ultimate injury.' Id. at 216 (quoting Sample v. Diecks, 885 F.2d 1099, 1118 (3d. Cir. 1989). See also Brown v. Grabowski, 922 F.2d 1097, 1120 (3d Cir. 1990), cert. denied, 501 U.S. 1218, 111 S.Ct 2827 (1991) (holding that although a principal cannot encourage constitutional violations, a supervisor 10 has "no affirmative constitutional duty to train, supervise, or discipline so as to prevent such conduct.") Here, in order for Plaintiff to properly plead deliberate indifference to a serious medical need against PHS, Plaintiff must establish that PHS knowingly intended to injure him. From Plaintiffs Second Amended Complaint, it is cleaz that just the opposite is true with respect to the overall circumstances that give rise to this lawsuit: Plaintiff s decedent was being treated for anxiety, depression, which specifically led to a history of suicide attempts, through psychotropic medications4 (Id. at ¶¶ 15-17 and ¶¶ 48-49, 52 and 75) and progressive physical control and observation (Id. at ¶¶ 23-24 and ¶¶ 54, 56, 58 and 70). Plaintiffs feeble and frivolous attempt to contort these facts into a claim of deliberate indifference is disingenuous at best. Obviously, Plaintiff was being medicated and highly watched in increasingly restricted and monitored environments in order to prevent an additional suicide attemnt.s In his Second Amended Complaint, Plaintiff makes express concessions in this regazd, stating: 16. Turner was suicidal from anxietyand depression. 49. Decedent exhibited a serious medical need for ps, cy hological and psychiatric treatment. 52. The defendant [sic1 was being~treated for his medical and psychiatric difficulties with [various medicationsl." " Of note, while Plaintiff lists ten (10) medication which his decedent was allegedly prescribed, only four (4) of the medications are psychotopic in nature and in any way relevant in this case. As specifically plead by Plaintiff, it was, in fact, only two (2) psychotropic medications that ultimately led to his decedent's demise. Id. at ¶ 53. s It is submitted that if Plaintiff s allegations in this case were that his decedent was not medicated or physically restricted/observed despite a history of anxiety, depression and previous suicide attempts, then this case would potentially have merit. 11 56. He was moved to an observation unit in the infirmary, strinned naked and nut on fifteen minute round the clock checks. 75. Turner's out of control demeanor which included expressions ofsuicide were issues that could be effectively controlled bxpsychotropics all of which Prison Health Systems [sic] was fully aware. Id. (emphasis supplied). Even assuming that Plaintiff s decedent was not provided with "manufacturer's safety data sheets (MSDS) to consider potential side effects" of the prescribed medications, as alleged (Id. at ¶ 18), such does not rise to the threshold level of "unnecessary and wanton infliction of pain", particularly where Plaintiff s decedent's suicide effort was an intentional act. If Plaintiff is allowed to proceed as plead, a significantly adverse precedent will be set which will lead to healthcaze providers being reluctant to medicate patients for psychiatric conditions when there is a prior suicide attempt involved (as is common with psychiatric conditions) for fear of liability. The impact of such a precedent would be devastating to the well being of psychiatric patients at large. Furthermore, as plead by Plaintiff, his decedent's alleged prior suicide attempts did not involve medication overdose (see Exhibit "A" generally) and, therefore, it cannot be validly claimed that there was any conscious appreciation of a risk in this specific regard. Otherwise, the mere fact that Plaintiff s decedent intentionally managed to overdose on prescription medications for purposes of committing suicide (see Exhibit "A" generally and ¶¶ 24 and 60), despite imposition of considerable preventative measures, is not indicative of liability for deliberate indifference to Plaintiff s decedent's constitutional rights. As has already been decided in Zaragoza, supra, this situation inherently does not involve a perceptible risk as required for deliberate indifference to be found. 12 Finally, contrary to applicable law, Plaintiff makes no legitimate allegation that PHS, as an entity, was somehow personally involved in or had any knowledge of any of the matters herein at issue. See Exhibit "A" generally. Plaintiffs averment in this regard, that "Prison Health Systems [sic] was personally involved in the policies and practices of inmate control by prescription drugs was it was specifically contracted by the prison to perform medical services consistent with the disciplined administration of housing inmates," (Id. at ¶ 27) is a completely bald attempt to circumvent this necessary element of liability, and is facially invalid as a matter of the Pennsylvania law cited supra. By this averment, Plaintiff is establishing nothing more than a contractual relationship between PHS and the prison at which Plaintiff was being housed. Plaintiffs basis of liability against PHS obviously sounds solely in vicarious liability for its agents, which as a matter of law, is insufficient for purposes of liability under Section 1983. Id. and see supra. Based upon Plaintiff s own allegations, and reasonable inferences to be drawn therefrom, it is indisputable that the matters he complains of are insufficient to support a Section 1983 claim against PHS. Despite three (3) opportunities over the course of approximately eight (8) months, Plaintiff has failed to properly plead a Section 1983 claim against PHS, which speaks volumes about his ability to ever do so. Under no circumstances can the conduct of PHS at issue in this case be said to rise to the level of deliberate indifference under Section 1983 and Plaintiffs claims in this regard should accordingly be dismissed, with prejudice. B. PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY Plaintiff pleads as follows in his Second Amended Complaint: 13 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their agreement, agency, servantship and authority. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and healthcare personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill-SCI and who were the agents servants and employees of Prison Health Services. Inc, an agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill-SCI. See Exhibit "A" (emphasis supplied). By said assertion, Plaintiff is obviously claiming that PHS is vicariously liable for the conduct of such unidentified "agents, servants, workmen and employees", who were allegedly professionally negligent in several respects, as well as deliberately indifferent to Plaintiffs decedent's constitutional rights. Id. at Count I and "Second Cause of Action". Pa.R.C.P. No. 1019(a) requires that the material facts upon which a cause of action is based shall be stated in a concise and summary form in a complaint. Pursuant to Pa.R.C.P. No. 1028(a)(2), a party may file a preliminary objection where a pleading fails to conform to law or rule of court. Also, Pa.R.C.P. No. 1028(a)(3) permits a party to file a preliminary objection where there is insufficient specificity in a pleading. Where specificity is lacking, a preliminary objection should be filed in order to avoid an attempt by a plaintiffto assert new or previously undisclosed theories of liability after the running of the applicable statute or limitations or at trial. See Connor v. Allegheny General Hosp., 461 A.2d 600 (Pa. 1983). Pa.R.C.P. No. 1029 ("Rule 1029") provides in pertinent part: (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or demand for proof, except as provided by subdivision (c) and (e) of this rule, still have the effect of an admission. 14 (e) In an action seeking monetary relief for bodily injury, death or property damage, averments in a pleading to which a responsive pleading is required may be denied generally except the following averments of fact which,must be denied specifically: (1) Averments relating to the identity of the person by whom a material act was committed, the agency or employment of such ep rson and the ownership, possession or control of the property or instrumentality involved. (Emphasis supplied). In order to comply with these provisions of Rule 1029, a defendant must know the identity of the individuals who are alleged to be their agents. Willinger v. Mercx Catholic Med. Ctr. of Southeastern Penns, lvania, 362 A.2d 280 (Pa.Super 1976), affirmed, 393 A.2d 1188 (Pa. 1978). This is why in Alumni Association v. Sullivan, 536 A.2d 1092, 1095 (Pa. Super. 1987), affd 572 A.2d 1209 (Pa. 1990), our Superior Court held that "while it is not necessary to plead every specific detail concerning an alleged agency relationship, the complaint must allege at least a minimum of facts to permit the Defendants the ability to understand the nature of the agency allegations which are being made. The complaint must allege, as a minimum, facts which identify the agents by name or appropriate description and set forth the alleged agents' authority and how the tortious acts of the agents either fell within the scope of that authority or, if not authorized, were in some manner ratified by the principal." Plaintiff fails to set forth ~ identifying information regarding allegedly responsible agents or servants of PHS. Plaintiff provides no names, no descriptions and no specific facts regarding authority or the scope thereof. Furthermore, Plaintiff does not factually describe how, if at all, the alleged agents and servants were respectively negligent or deliberately indifferent. In fact, Plaintiff does not even differentiate amongst the alleged agents and servants of the multiple Defendants. Essentially, Plaintiff has completely disregarded the minimum standard for agency pleading as established in Alumni, supra. If the allegations set forth above are allowed to 15 remain, PHS will not be able to properly deny agency, and to his prejudice, aspects of this claim may later be deemed admitted. Plaintiffs medical professional liability claim against unknown and unidentified healthcaze providers is particulazly inappropriate considering that a sepazate Certificate of Merit must be filed as to each and every licensed professional against whom such a claim is asserted. See Pa.R.C.P. No. 1042.3(b)(1). Pursuant to Pa.R.C.P. No. 1042.2, all such professionals shall be specifically identified in a complaint. By making boilerplate agency allegations, Plaintiff is also circumventing the Certificate of Merit requirements established under the Pennsylvania Rules of Civil Procedure. Because Plaintiff has failed to plead an agency relationship with sufficient specificity, claims of vicarious liability should be stricken from his Second Amended Complaint. In the alternative, Plaintiff should be directed to file a Third Amended Complaint that is appropriately specific in this regazd. C. PLAINTIFF SHOULD BE ORDERED TO FILE A THIRD AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PA.R.C.P. NO. 1020(a) Pursuant to Pa.R.C.P. No. 1020(a), a plaintiff can plead more than one civil cause of action against the same defendant. However, each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief. Id. Pursuant to Pa.R.C.P. No. 1028(a)(2), a party may file a preliminary objection where a pleading fails to conform to law or a rule of court. Within his Second Amended Complaint, Plaintiff intermingles apparent causes of action against the multiple Defendants irrespective of their involvement in the case, including for direct negligence, vicarious liability and deliberate indifference. See Exhibit "A" generally. 16 Furthermore, claims of direct negligence and vicarious liability are not separately plead. Id. Because there is no separation into individual counts, Plaintiffs Second Amended Complaint is improperly plead. PHS is not clear as to which theories are plead as to which Defendants. To the extent that any of Plaintiffs causes of action survive the foregoing Preliminary Objections, Plaintiff should accordingly be ordered to file a Third Amended Complaint separately pleading his causes of action against PHS. D. PARAGRAPHS 31 (d), (e) AND (f) Of PLAINTIFF'S AMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2) Pa.R.C.P. No. 1028(a)(2) provides that a preliminary objection may be filed when a pleading contains scandalous and impertinent matter. Scandalous and impertinent has been defined as "immaterial and inappropriate to the proof of the cause of action." Rollinson v. Clarke-DeMarco, 83 Pa.D.&C.4th 467, 475 (Mercer Cty. 2007). The clear gravamen of Plaintiffs Second Amended Complaint is that his decedent was improperly supplied with prescription medications, which he used to overdose and commit suicide. ee Exhibit "A" generally. In support of a negligence claim against PHS in this regard, Plaintiff avers in his Second Amended Complaint, inter alia, that: 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (d.) Failure to provide decedent with sufficient understanding of the side effect risks involved with the use of the medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; [and] 17 (f.) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants[.] See Exhibit "A". The fact that Plaintiffs decedent may not have been provided information regazding the side effects of, and alternatives to, the medications that he ultimately overdosed on for purposes of committing suicide is wholly immaterial to Plaintiffs core theory in this case, i.e., that Plaintiff should not have been prescribed medications at all considering his history of prior suicide attempts. Obviously, Plaintiff does not aver that his decedent died due to a lack of knowledge regarding risks associated with the medications that he was prescribed. Suicide, by definition, is an intentional act and whether or not Plaintiff was aware of the medication details is irrelevant. The paragraphs herein at issue should, therefore, be stricken from Plaintiffs Second Amended Complaint, with prejudice. DENN,EHEY, WARNER, ID No.: 87532 ~/ 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3500 Dated: 18 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DENNEHEY, WARNER, 1 & COGGIN Date: ~~ By: MI L ~'. l LLO, ESQUIRE Atto e I 8 5 2 420 Crums Mill R -'ad, Suite B Harrisburg, PA 17112 (717) 651-3500 OS/618786.v1 19 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 1St" Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d~ooden~ote,~i~.attornev eneral.~ov ~~ ~_ i~ ' i~ ~` is { l', !^. ~~9~J ~C3 -3 F~-~ ~~ 3`~ Cl~~°~~RL~,~~17 C~I~~~T`~' ,~~ The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 10-709 CIVIL NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty (20) days of the date of service hereof or a default judgment may be entered against you. .Respectfully submitted, THOMAS W. CORBETT, JR. Attorney .General By: r niel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Dated: October 6, 2010 As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 18. Paragraph 43 of Plaintiffs Second Amended Complaint. states: Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death. 19. The damages described in the previous five paragraphs and claimed by the Plaintiff are not within the types of damages recoverable against a Commonwealth party under the Sovereign Immunity Act, 42 Pa.C.S. §8528(c). 20. The damages sought in Paragraphs 28, 29, 41, 42 and 43 of Plaintiff's Complaint are not recoverable against the Commonwealth Defendants, who have sovereign immunity under 1 Pa. C.S. §2310. WHEREFORE, the Commonwealth Defendants respectfully request this Honorable Court to strike Paragraphs 28, 41, 42, and 43 of Plaintiffs Second Amended Complaint, as they may relate to Commonwealth Defendants. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General By: _ iel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 ~oodemote(a%attorneyaeneral. Gov The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator, Plaintiffs v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION CAMP HILL -JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORIS; J. DOE, NURSEIS; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 10-709 CIVIL PRELIMINARY OBJECTIONS OF COMMONWEALTH DEFENDANTS TO PLAINTIFF'S SECOND AMENDED COMPLAINT These Preliminary Objections are filed by Defendants, Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D., John A. Palakovich (Commonwealth Defendants): Plaintiff, the Estate of Jeffrey C. Turner, sued the Commonwealth Defendants, as well as others an or aboutMay 10, 2010. 2. Plaintiff s causes of action arise from the death of Plaintiff s decedent, allegedly overdosed on drugs which were prescribed to hirn. Plaintiff's Second Amended Complaint, ¶24. Preliminary Objection No. 1-Legal Insufficiency, or in the Alternative, Insufficient Specificity -Count I 3. The First Count of Plaintiff's Second Amended Complaint alleges the failure of the defendants to "exercise the skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent... " 4. The Commonwealth retains sovereign immunity, except where expressly waived by the legislature. 1 Pa. C.S. § 2310. 5. Commonwealth officials and employees acting within the scope of their duties enjoy the same immunity as the Commonwealth itself. 6. There is no waiver of immunity for negligent penal care or treatment; this allegation is legally insufficient. 7. The Complaint does not identify the individuals employed by the Commonwealth who allegedly provided negligent professional care to Plaintiff's decedent. 8. Plaintiff fails to identify the negligent acts committed by the individuals employed by the Commonwealth. 9. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.R.C.P., Rule 1019(a). 10. A complaint shall identify each defendant against whom plaintiff is asserting a professional liability claim.. Pa.R.C.P., Rule 1042.2. 11. Plaintiff has not pled any material facts with respect to the nature of the negligent professional acts complained of or has he pled the identity of the persons who allegedly committed negligent professional acts. WHEREFORE, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff's action insofar. as it is based on negligent penal treatment or care. Furthermore, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff's action based on negligent professional treatment or care, or in the alternative, order Plaintiff to name the specific individuals against whom he is asserting a professional liability claim and the set forth specific acts they committed or omitted which serve the basis for his cause of action. Preliminary Objection No. 2 -Motion to Strike -Damages 14. Paragraph 2$ of Plaintiff s Second Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate expenses. 15. Paragraph 29 of Plaintiff s Second Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 16. Paragraph 41 of Plaintiff s Second Amended Complaint states: As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum [sic] for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 17 Paragraph. 42 of Plaintiff s Second Amended Complaint states: VERIFICATION The facts set forth in this Preliminary Objections of Commonwealth Defendants are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. aniel R. Goodemote Dated: October 6, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley. Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Dickie, McCarney & Chilcote 1200 Camp Hill Bypass -Suite 205 Camp Hill, PA 17011 (717-731-4800 (Attorney for Holy Spirit) Michael C. Mongiello Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Prison Health Services) aniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: October 6, 2010 PRAECIPE FOR LISTLN,G CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fore nit `'~ Argument Court.) _____~___ ------------ ~ a ~ © '~ '>r1 (1 _ _ ___ __ CAPTION OF CASE _____ __------M_________--_______- ~~ ~~ ~-;(, (entire caption must be stated in full) ~Z tt'f oc~ --t g The Estate of Jeffrey C. Turner, Decd by and through ~~ y,. S- rt Leeland B. Turner, Administrator Zp 3 ~~ ;'~ ~ vs. ~ cn n Prison Health Services, et al. -C ~' ~ No. 10-709 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Obiections as to Plaintiffs Second Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Hans E. Solum, Jr., 127 Chester Pke, Ridley Park, PA 19078 (Name and Address) (b) for defendants: Daniel Goodemote, Office of Atty Genera1,15th Floor, Strawberry Square, Harrisburg, PA 17120 {Name and Address) Michael C. Mongiello, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Sign lure Michael C. ongiel o Print your name ~~ Prison Health Services, Inc. .Attorney for Date: INSTRUCTIONS: 1.Original and 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. CR~~II. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO TH PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for th~e~ ~ Argum' nt Court.) -~~ ~ --+ :~ CAPTI - --------------------------------------------------------------------------------------------------- ~ N OF CASE ; n ° --~ r*t~ ~ (entire' aption must be stated in full) ,, '~ ~ rv ~J a ESTAT OF JEFFREY TURNER, deed by and through LEELAND B. TURNE ~ --® -'-"'`- Admin strator, ~ .E. -~w ~~ ~ r7 vs. ~~ ~;? ....rte COMMOIk~ WEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, ET AL. =~-a ~ ~ No.__10-709 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to ~I complaint, etc.): ~', Commonwealth Defendant's Preliminary Obiections to Plaintiff' Second Amended Complaint 2. ' Identify all counsel who will argue cases: (a) for plaintiffs: 'I Hans Edward Solum. Jr., 127 Chester Pike. Ridley Park. PA 19078 II (Name and Address) (b) for defendants: Daniel R. Goodemote, Office of Attorney General, Torts Litigation, (Name and Address) 15th Floor, Strawberry Square, Harrisburg, PA 17120 3. II' I will notify all parties in writing within two days that this case has been listed for ar~ ment. 4. II!' Ar ument Court Date: 9 December 15, 2010 S" nature ~~ „~ ~IKJI~- L-P int your name l.~,r?/V1~L~. ~ ~r~D Ell ~- Attorney for Commonwealth Defendants Date: October 18, 2010 INSTRUCTIONS: 1.Original and 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. HANS EDWARD SOLUM, JR. 127 CHESTER PIKE RIDLEY PARK, PA 19078 ATTORNEY FOR PLAINTIFF ATTORNEY ID #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYLVANIA The Estate of JEFFREY C. TURNER, deed By and through LEELAND B. TURNER, Administrator v. COMMONWEALTH OF PENNSYLVANIA, et al. . ._ . : a ,_, , . 10-709 Civil ~;-, :: . . ~-~ ~ _. ~~~ • r5 ~ ~= _~ , . _r __. r ~,t~ .__.. ~-. 1 :-~ c~ .~ ~ ~~ ~ ~„~ r? ~~ cn ~' ~ -~s 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 717.249.3166 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 7. J. Doe, Nurse/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 8. J. Doe, related health care personnel are an adult individual employed by the Commonwealth of Pennsylvania in a service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 9. Defendant Prison Health Services, Inc. is a business entity organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service relationship with the Commonwealth of Pennsylvania and acted within the scope of its service employment relationship with an address of 105 W. Park Drive Ste. 200 Brentwood, TN 37027 or 2500 Lisburn Road, Camp Hill, Pa. 17001. Plaintiff is asserting a professional liability claim against the defendant. 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority. ll. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp hill to serve a prison sentence. He died February 3, 2008. 12.On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill- SCI. 13. SCI- Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing. 14. SCI-Camp Hill classified Turner's case as one which involved a problematic offense. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression. 16. Turner was suicidal from anxiety and depression. 17. Turner was prescribed semaline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 18. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison employees. i9. Prison Health Services Inc and its employees knew Turner was suicidal. 20. Prison Health Services Inc. and its employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 21. Prison Health Services Inc and its employees gave Turner prescription drugs even after he had attempted suicide three times. 22. Prison Health Services Inc and its employees deliberately gave Turner drugs and were indifferent as to whether they would lead to his alleged suicide. 23. During the period of his confinement at SCI- Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case. 24. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 25. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. COUNTI NEGLIGENCE THE ESTATE of Jeffrey C. Turner v. The Commonwealth of Pennsylvania, et al. 26. The allegations of the preceding paragraphs one through eighteen (1-26) are incorporated by reference as though fully set forth herein. 27. Solely as a result of the conduct of the defendants, each and every, jointly and severally, the decedent was caused to suffer serious and severe injury, insult and deprivation of body systems and functions which were the proximate and or direct cause of death. 28. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 30. Solely as a result of the conduct of the defendants each and every jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which include the following: (a.) Failure of the defendants to possess or exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b.) Failure of the defendaYrts to exercise due care or property train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c.) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d.) Failure to provide decedent with sufficient understanding of the risks involved in medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f.) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants. WHEREFORE, plaintiff demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc. for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION 32. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through twenty six (1-25 } as though fully set forth herein. 33. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner deceased, brings this action on behalf of the survivors of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8301. 34. Plaintiff claims damages for pecuniary loss suffered by decedent's survivors by reason of the wrongful death of Jeffrey C. Turner, as well as reimbursement for medical bills, funeral expenses and administration expenses incurred therewith. 35. As a result of the wrongful death of Jeffrey C. Turner, the survivors have been deprived of the guidance, love, tutelage, companionship, support and comfort which they would have received from him for the remainder of his natural life. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). SECOND CAUSE OF ACTION 37. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty (1-36) as though fully set forth herein. 38. Plaintiff, Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, brings this action to recover damages to the estate of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8302. 39. As a result of the death of Jeffrey C. Turner, his estate has been deprived of the economic value of his life expectancy and plaintiff claims damages for the pecuniary loss caused by his death. 40. Plaintiff claims on behalf of the estate of the decedent damages for the conscious pain and suffering and mental anguish undergone by the plaintiff's decedent from February 2, 2008 to February 3, 2008. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiff s decedent would have had during the remainder of his natural life ended by his death. WHEREFORE, plaintiff prays for judgment against the defendants each and every, jointly and severally including Prison Health Systems Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). THIItD CAUSE OF ACTION 44. Plaintiff, Leeland B, Turner, Administrator for the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty seven (1-43) as though fully set forth herein. 45. Plaintiffbrings this action under and pursuant to 42 U.S. Code Sect. 1983. 46. Plaintiff claims damages for pecuniary losses suffered by the decedent caused by violation of the decedent's Federally protected civil rights by the defendants and reimbursement for medical bills, funeral, internment and administrative expenses. 47. Plaintiff claims damages for violation of civil rights of the decedent. 48. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 49. Decedent exhibited a serious medical need for psychological and psychiatric treatment. 50. Prison records show that on November 11, 200?, decedent was disciplined by the prison for damaging prison property by weaving a bed sheet with which he stated to a guard that he was going to hang himself. 51. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 52. The defendant was being treated for his medical and psychiatric difficulties with sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 53. The cause of death was mixed drug toxicity which included amitriptyline and its metabolite, nortriptyline and sertraline and its metabolite, desmethylsertraline. 54. Decedent had been transferred from the general population to a lock down unit. 55. A search of his cell revealed a suicide note. 56. He was moved to an observation unit in the infirmary, stripped naked, and put on 15 minute round the clock checks. 57. Decedent was deliberately supplied medications as indicated in paragraph 44 by the defendants each and every jointly and severally. 58. The defendants each and every jointly and severally have drawn an inference of excessive risk to the decedent's health and safety when he was moved from the general population to a lock down unit and then to the infirmary, stripped naked, and put on 15 minute suicide watch. 59. The decedent while in a suicide watch from November 11, 2007 had no opportunity to secure drugs from other prisoners. 60. The coroner's report showed that the decedent overdosed on prescription drugs that were supplied to him by the prison. 61. Despite the prison's knowledge of decedent's suicidal tendencies, the prison continued to prescribe and supply drugs, indifferent to the excessive risks to his health and safety. 62. Access to the drugs by the defendant was in the exclusive control of the prison which was in exclusive control of the decedent whose death could only have resulted from the deliberate indifference of the prison. 63. The Commonwealth of Pennsylvania contracted with Prison Health Services Inc., to meet its duty of medical care for Camp Hill- SCI inmates. 64. Prison Health Services Inc. accepted the contract and became an agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill- SCI inmates as an agent of the State. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill- SCI and who were the agents servants and employees of Prison Health Services Inc., agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill- SCI. 66. Prison Health Services Inc. medical needs personnel knew that Turner was suicidal. 67. As employees of Prison Health Services Inc. the personnel had a duty to Turner to exercise care not to facilitate his suicide with drugs prescribed and made available to him. 68. Amitriptyline (Elavil) is a psychotropic drug that if not administered properly can lead to increased suicidal tendencies. 69. No one has ever died from anxiety or depression. 70. Turner was in isolation and suicide watch and was restrained from harming himself except for the continuous supply of drugs by Prison Health Systems and its employees and agents. 71. Turner had a history of disciplinary infraction with the prison. 72. The use of drugs is a way of controlling inmates from disciplinary infraction as a means of calming. 73. Prison Health Systems Inc. knowingly intended to injure him to a point of calming by the use of drugs for his disciplinary outbursts. 74. Prison Health Systems had an obligation with the prison to effectively deal with those out of control inmates with medication where feasible. 75. Turner's out of control demeanor which included expressions of suicide were issues that could be effectively controlled by psychotropics all of which Prison Health Systems was fully aware. 76. Prison Health Systems knew Turner's disciplinary and suicidal issues and had a conscious appreciation of the risk involved by continuous dosing with Amitriptyline (Elavil). 77. Prison Health Systems was personally involved in the policies and practices of inmate control by prescription drugs as it was specifically contracted by the prison to perform medical services consistent with the disciplined administration of housing inmates. 78. As employees of Prison Health Services Inc., the contractor was aware of Turner's suicidal nature. 79. Prison Health Systems was in the exclusive control of the drugs that were intentionally administered to Turner which were the direct cause of his death in the absence of due care of his suicidal nature. 80. Prison Health Systems intentionally administered potentially lethal drugs to Turner with complete disregard for reasonable care and prudence in consideration of his suicidal condition which endangered his life and was the direct and proximate cause of his death. 81. Prison Health Systems is estopped to deny its liability insofar as it had a legal duty to Turner to act with due care, failed to do so, and that failure is the natural and proximate cause that lead to Turner's death. 82. Commonwealth of Pennsylvania, under exceptions to sovereign immunity is responsible for the actions of its agents, servants and employees. WHEREFORE, Plaintiff individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every jointly and several including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). Respectfully Submitted, VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements in this Complaint are true and correct. I understand that false statements herein, are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. Date: ~ ~it9" Zeeland B. Turner, Administrator CERTIFICATE OF SERVICE AND NOW, this ''~~~ da of ~ ~O ~ ~ 2010 I Hans Edward y Solum, Jr., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: BY FIRST CLASS MAIL: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Cruets Mill Road Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc.) Daniel R. Goodemote, Esq. OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section Strawberry Square, 15'x' Floor Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI- Commonwealth of Pennsylvania, Department of Corrections) t ? 3 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 E Harrisburg, PA 17112 (717) 651-3502 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff _ FM 3: 52 i C:N S` LLAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY V. No: 10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Estate of Jeffrey C. Turner c/o Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Wu6k4 01 ! tlltl? Michael C. Mongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 r (717) 651-3500 Dated: < ' ?' 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 Attorney for Defendant, Prison Health Services, Inc. THE ESTATE, OF JEFFREY C. TURNER, IN THE COURT OF COMMON PLEAS DEC'D BY AND THROUGH LEELAND OF CUMBERLAND COUNTY, PA B. TURNER, ADMINISTRATOR CIVIL ACTION Plaintiff MEDICAL PROFESSIONAL LIABIILTY V. No: 10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. : Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S THIRD AMENDED COMPLAINT OF DEFENDANT, PRISON HEALTH SERVICES, INC. AND NOW comes Defendant, Prison Health Services, Inc. ("PHS"), by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and preliminarily objects to Plaintiffs Third Amended Complaint as follows: 1. Plaintiff commenced this action on January 28, 2010 by filing a Praecipe for Writ of Summons and followed with a Complaint on May 13, 2010. 2. PHS timely filed several Preliminary Objections to Plaintiffs Complaint, along with a Supporting Brief, on July 21, 2010. 3. As a matter of course, Plaintiff timely filed an Amended Complaint on August 10, 2010. 4 4. Because numerous legal deficiencies remained in Plaintiffs Amended Complaint, PHS timely filed Preliminary Objections thereto on August 28, 2010. 5. Again as a matter of course, Plaintiff timely filed a Second Amended Complaint on September 17, 2010. 6. As Plaintiffs Second Amended Complaint was yet again objectionable on several grounds, PHS timely filed Preliminary Objections thereto on October 2, 2010. 7. In response, Plaintiff has filed a Third Amended Complaint. A true and correct copy of Plaintiffs Third Amended Complaint is attached to the instant Objections as Exhibit "A" 8. Plaintiffs Third Amended Complaint is verbatim of the Second Amended Complaint, with the addition of a few allegations (Id. at ¶¶ 79-81) that are completely unresponsive to the substance of PHS' Preliminary Objections to the Second Amended Complaint. 9. In addition to the inappropriateness of this obviously dilatory tactic, Plaintiff's Third Amended Complaint remains preliminarily objectionable on several bases and PHS now timely files the instant Preliminary Objections thereto. A. PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME 10. The "Third Cause of Action" set forth in Plaintiffs Third Amended Complaint, brought pursuant to Section 1983, is a claim for an alleged deliberate indifference to Plaintiffs decedent's Eighth Amendment rights against cruel and unusual punishment. See Exhibit "A.". 2 11. The allegations plead in Plaintiffs Third Amended Complaint fall well short of the liability threshold under Section 1983, particularly considering that Plaintiffs allegations against PHS sound only in vicarious liability. Id. and see Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. B. PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S THIRD AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY 12. Plaintiff pleads as follows in his Third Amended Complaint: 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and e ployees who were acting within the scope of their agreement, agency, servantship; and authority. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and healthcare personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill-SCI and who were the agents servants and employees of Prison Health Services, Inc, an agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill-SCI. See Exhibit "A" (emphasis supplied). 13. By said assertion, Plaintiff is obviously claiming that PHS is vicariously liable for the conduct of such unidentified "agents, servants, workmen and employees", who were allegedly professionally negligent in several respects, as well as deliberately indifferent to Plaintiffs decedent's constitutional rights. Id. at Count I' and "Third Cause of Action". 14. Contrary to Pennsylvania agency laws, Plaintiff fails to set forth any identi f 6ng information regarding allegedly responsible agents or servants of PHS. See Supporting Brief. 3 15. Plaintiffs medical professional liability claim against unknown and unidentified healthcare providers is particularly inappropriate considering that a separate Certificate of Merit must be filed as to each and every licensed professional against whom such a claim is asserted. See Pa.R.C.P. No. 1042.3(b)(1). See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. C. PLAINTIFF SHOULD BE ORDERED TO FILE A FOURTH AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PAR.C.P. NO. 1020(a) 16. Pursuant to Pa.R.C.P. No. 1020(a), a plaintiff can plead more than one civil cause of action against the same defendant. See Supporting Brief. 17. However, each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief. Id. 18. Within his Third Amended Complaint, Plaintiff intermingles apparent causes of action against all Defendants irrespective of their involvement in the case, including for direct negligence, vicarious liability and deliberate indifference. See Exhibit "A". 19. Furthermore, claims of direct negligence and vicarious liability are not separately plead. Id. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. 4 D. PARAGRAPHS 31 (d), (e) AND (f) Of PLAINTIFF'S THIRDAMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2) 20. Pa.R.C.P. No. 1028(a)(2) provides that a preliminary objection may be filed when a pleading contains scandalous and impertinent matter. See Supporting Brief. 21. The clear gravamen of Plaintiffs Third Amended Complaint is that his decedent was improperly supplied with prescription medications, which he used to overdose and commit suicide. See Exhibit "A" generally. 22. In support of a negligence claim against PHS in this regard, Plaintiff avers in his Third Amended Complaint, inter alia, that: 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (d.) Failure to provide decedent with sufficient understanding of the side effect risks involved with the use of the medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; [and] (£) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants[.] See Exhibit "A 20. The fact that Plaintiff s decedent may not have been provided information regarding the side effects of, and alternatives to, the medications that he ultimately overdosed on for purposes of committing suicide is wholly immaterial to Plaintiffs core theory in this case, i.e., that Plaintiff should not have been prescribed medications at all considering his history of prior suicide attempts. See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order ?, DENNEHEY, WARNER, & GOGGIN ID No87` 12 V 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3500 Dated: '\ ? ??Jjb 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Mules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DENNEHEY, WARNER, d & GOGGIN Date: By; _ MIC A ELLO, ESQUIRE Attorney ID 87532 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 05/618786.v1 7 1 ? ?,.? T I ', HANS EDWARD SOLUM, JR. ATTORNEY 8 COUNSELOR AT LAW 127 CHESTER PIKE RIDLEY PARK, PA. 19078 (610) 521-3310 October 20, 2010 Prothonotary 1 Courthouse Square Ste. 100 Cumberland County Courthouse Carlise, PA 17013 OCT 2 5 2L;v RE: Turner v. Commonwealth of Pennsylvania 2010-709 Dear Sir: Please find enclosed Plaintiffs S? nd Amended Complaint to be filed this date. Best Regards, Hans Ed and Solum, Jr. HES/kh Cc: Michael Mongiello, Esq. Daniel R. Goodemote, Esq. HANS EDWARD SOLUM, J R. 127 CHESTER PIKE R.IDLEY PARK, PA 19078 ATTORNEY FOR PLAINTIFF ATTORNEY ID #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNYYLVANIA The Estate of : JEFFREY C. TURNER, dee'd By and through 10-709 Civil LEELAND B. TURNER, Administrator V. COMMONWEALTH OF PENNSYLVANIA, et al. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 'THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 717.249.3166 PRISON HEALTH SERVICES, Inc 105 W. Park Drive, Ste. 200 Brentwood, TN 37027, or SCI Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598 THIRD AMENDED COMPLAINT 1. Leeland B. Turner, Administrator, is an adult individual who resides at l Meers Lane, Delaware County, Glen Mills, Pa. 19342 and was appointed by the Register of Wills, Chester County, Pennsylvania as the Administrator of the Estate of Jeff-rey C. Turner, deceased, his son who left two children the intestate beneficiaries of his estate. 2. Jeffrey C. Turner, date of birth May 18, 1969, deceased, was a former resident of Chester County, Pennsylvania but at the time of his death at age 38 on February 8, 2008, was an inmate at the Pennsylvania State Correction Institution at Camp Hill 2500 Lisburn Road, Camp Hill, Pa. 17001-0598 3. The Commonwealth of Pennsylvania is a state entity which maintains and operates a system of penal correction subject to Exceptions to Sovereign Immunity @42 Pa. C.S. 58522 et seq, with an address of Strawberry Square, Harrisburg, Pa. 17120 4. Defendant Jeffrey A. Beard, PhD. Is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all 'relevant times acted within the scope of his employment relationship with an address of 2520 Lisburn Road, Camp Mill, Pa. 17001-8837. 5. John A. Palakovich, is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 7. J. Doe, Nurse/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 8. J. Doe, related health care personnel are an adult individual employed by the Commonwealth of Pennsylvania in a service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 9. Defendant Prison Health Services, Inc. is a business entity organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service relationship with the Commonwealth of Pennsylvania and acted within the scope of its service employment relationship with an address of 105 W. Park Drive Ste. 200 Brentwood, TN 37027 or 2500 Lisburn Road, Camp Hill, Pa. 17001. Plaintiff is asserting a professional liability claim against the defendant. 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority. 11. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp hill to serve a prison sentence. He died February 3, 2008. 12. On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill- SCI. 13. SCI- Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing. 14. SCI-Camp Hill classified Turner's case as one which involved a problematic offense. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression. 16. Turner was suicidal from anxiety and depression. 17. Turner was prescribed sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycyclin.e, Risperdal, Tylenol and Maalox. 18. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison. employees. 19. Prison Health Services Inc and its employees knew Turner was suicidal. 20. Prison Health Services Inc. and its employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 21. Prison Health Services Inc and its employees gave Turner prescription drugs even after he had attempted suicide three times. 22. Prison: Health Services Inc and its employees deliberately gave Turner drugs and were indifferent as to whether they would lead to his alleged suicide. 23. During the period of his confinement at SCI- Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case. 24. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 25. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. COUNT I NEGLIGENCE THE ESTATE of Jeffrey C. Turner v. The Commonwealth of Pennsylvania, et al. 26. The allegations of the preceding paragraphs one through eighteen (1-26) are incorporated by reference as though fully set forth herein. 27. Solely as a result of the conduct of the defendants, each and every, jointly and severally, the decedent was caused to suffer serious and severe injury, insult and deprivation of body systems and functions which were the proximate and or direct cause of death. 28. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 30. Solely as a result of the conduct of the defendants each and every jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which include the following: (a.) Failure of the defendants to possessor exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b.) Failure of the defendants to exercise due care or property train and supervise personnel. under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c.) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d.) Failure to provide decedent with sufficient understanding of the risks involved in medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (£) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants. WHEREFORE, plaintiff demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc. for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION 32. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through twenty six (1-25) as though fully set forth herein. 33. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffiey C. Turner deceased, brings this action on behalf of the survivors of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C. S.A. Sect, 8301. 34. Plaintiff claims damages for pecuniary loss suffered by decedent's survivors by reason of the wrongful death of Jeffrey C. Turner, as well as reimbursement for medical bills, funeral expenses and administration expenses incurred therewith. 35. As a result of the wrongful death of Jeffrey C. Turner, the survivors have been deprived of the guidance, love, tutelage, companionship, support and comfort which they would have received from him for the remainder of his natural life. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). SECOND CAUSE OF ACTION 37. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty (1-36) as though fully set forth herein. 38. Plaintiff, Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, brings this action to recover damages to the estate of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8302. 39. As a result of the death of Jeffrey C. Turner, his estate has been deprived of the economic value of his life expectancy and plaintiff claims damages for the pecuniary loss caused by his death. 40. Plaintiff claims on behalf of the estate of the decedent damages for the conscious ;pain and suffering and mental anguish undergone by the plaintiff s decedent from February 2, 2008 to February, 3, 2008. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death. WHEREFORE, plaintiff prays for judgment against the defendants each and every, jointly and severally including Prison Health Systems Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). THIRD CAUSE OF ACTION 44. Plaintiff, Leeland B, Turner, Administrator for the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty seven (1-43) as though fully set forth herein. 45. Plaintiff brings this action under and pursuant to 42 U.S. Code Sect. 1983. 46. Plaintiff claims damages for pecuniary losses suffered by the decedent caused by violation of the decedent's Federally protected civil rights by the defendants and reimbursement for medical bills, funeral, internment and administrative expenses. 47. Plaintiff claims damages for violation of civil rights of the decedent. 48. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 49. Decedent exhibited a serious medical need for psychological and psychiatric treatment. 50. Prison records show that on November 11, 2007, decedent was disciplined by the prison for damaging prison property by weaving a bed sheet with which he stated to a guard that he was going to hang himself. 51. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 52. The defendant was being treated for his medical and psychiatric difficulties with sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 53. The cause of death was mixed drug toxicity which included amitriptyline and its metabolite, nortriptyline and sertraline and its metabolite, desmethylsertraline. 54. Decedent had been transferred from the general population to a lock down unit. 55. A search of his cell revealed a suicide note. 56. He was moved to an observation unit in the infirmary, stripped naked, and put on 15 minute round the clock checks. 57. Decedent was deliberately supplied medications as indicated in paragraph 44 by the defendants each and every jointly and severally. 58. The defendants each and every jointly and severally have drawn an inference of excessive risk to the decedent's health and safety when he was moved from the general population to a lock down unit and then to the infirmary, stripped naked, and put on 15 minute suicide watch. 59. The decedent while in a suicide watch from November 11, 2007 had no opportunity to secure drugs from other prisoners. 60. The coroner's report showed that the decedent overdosed on prescription drugs that were supplied to him by the prison. 61. Despite the prison's knowledge of decedent's suicidal tendencies, the prison continued to prescribe and supply drugs, indifferent to the excessive risks to his health and safety. 62. Access to the drugs by the defendant was in the exclusive control of the prison which was in exclusive control of the decedent whose death could only have resulted from the deliberate indifference of the prison. 63. The Commonwealth of Pennsylvania contracted with Prison Health Services Inc., to meet its duty of medical care for Camp Hill SCI inmates. 64. Prison Health Services Inc. accepted the contract and became an agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill- SCI inmates as an agent of the State. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill- SCI and who were theagents servants and employees of Prison Health Services Inc., agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill- SCI. 66. Prison Health Services Inc. medical needs personnel knew that Turner was suicidal. 67. As employees of Prison Health Services Inc. the personnel had a duty to Turner to exercise care not to facilitate his suicide with drugs prescribed and made available to him. 68. Amitriptyline (Elavil) is a psychotropic drug that if not administered properly can lead to increased suicidal tendencies. 69. No one has ever died firom anxiety or depression. 70. Turner was in isolation and suicide watch and was restrained from harming himself except for the continuous supply of drugs by Prison Health Systems and its employees and agents. 71. Turner had a history of disciplinary infraction with the prison. 72. The use of drugs is a way of controlling inmates from disciplinary infraction as a means of calming. 73. Prison Health Systems Inc. knowingly intended to injure him to a point of calming by the use of drugs for his disciplinary outbursts. 74. Prison Health Systems had an obligation with the prison to effectively deal with those out of control inmates with medication where feasible. 75. Turner's out of control demeanor which included expressions of suicide were issues that could be effectively controlled by psychotropics all of which Prison Health Systems was fully aware. 76. Prison Health Systems knew Turner's disciplinary and suicidal issues and had a conscious appreciation of the risk involved by continuous dosing with Amitriptyline (Elavil). 77. Prison Health Systems was personally involved in the policies and practices of inmate control by prescription drugs as it was specifically contracted by the prison to perform medical services consistent with the disciplined administration of housing inmates. 78. As employees of Prison Health Services Inc., the contractor was aware of Turner's suicidal nature. 79. Prison Health Systems was in the exclusive control of the drugs that were intentionally administered to Turner which were the direct cause of his death in the absence of due care of his suicidal nature. 80. Prison Health Systems intentionally administered potentially lethal drugs to Turner with complete disregard for reasonable care and prudence in consideration of his suicidal condition which endangered his life and was the direct and proximate cause of his death. 81. Prison Health Systems is estopped to deny its liability insofar as it had a legal duty to Turner to act with due care, failed to do so, and that failure is the natural and proximate cause that lead to Turner's death. 82. Commonwealth of Pennsylvania, under exceptions to sovereign immunity is responsible for the actions of its agents, servants and employees. WHEREFORE, Plaintiff individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every jointly and several including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). Respectfully Submitted, VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements in this Complaint are true and correct. I understand that false statements herein, are made subject to the penalties of 18 Pa C.S. §4904 relating to unworn falsifications to authorities. Date: lip Leeland B. Turner, Administrator CERTIFICATE OF SERVICE AND NOW this day of ID I -Q- 1 y 2010, I, Hans Edward Solum, Jr., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: BY FIRST CLASS MAIL: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Cnuns' Mill Road Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc.) Daniel R. Goodemote, Esq. OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section Strawberry Square, 15"' Floor Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI Commonwealth of Pennsylvania, Department of Corrections) Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 d?;oodemoteta; attorney ,)ener'a_(.-lox, The Estate of JEFFREY C. TURNER, dec'd IN THE COURT OF COMMON PLEAS By and through LEELAND B. TURNER, OF CUMBERLAND COUNTY, PA Administrator, Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL - JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTOR/S; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants : No. 10-709 CIVIL NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Dated: November 15, 2010 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 dgoodemote(daltoi-iieygeneral. gov ?E,trirc,.''a' G?1 rtj -,, The Estate of JEFFREY C. TURNER, dec'd By and through LEELAND B. TURNER, Administrator, Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL - JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTORS; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 10-709 CIVIL PRELIMINARY OBJECTIONS OF COMMONWEALTH DEFENDANTS TO PLAINTIFF'S THIRD AMENDED COMPLAINT These Preliminary Objections are filed by Defendants, Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D., John A. Palakovich (Commonwealth Defendants): Plaintiff, the Estate of Jeffrey C. Turner, sued the Commonwealth Defendants, as well as others on or about May 10, 2010. 2. Plaintiffs causes of action arise from the death of Plaintiff's decedent, allegedly overdosed on drugs which were prescribed to him. Plaintiff's Second Amended Complaint, ¶24. Preliminary Objection No. I - Legal Insufficiency, or in the Alternative, Insufficient Specificity - Count I 3. The First Count of Plaintiff's Third Amended Complaint alleges the failure of the defendants to "exercise the skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent... " 4. The Commonwealth retains sovereign immunity, except where expressly waived by the legislature. 1 Pa. C. S. § 2310. 5. Commonwealth officials and employees acting within the scope of their duties enjoy the same immunity as the Commonwealth itself. 6. There is no waiver of immunity for negligent penal care or treatment; this allegation is legally insufficient. 7. The Complaint does not identify the individuals employed by the Commonwealth who allegedly provided negligent professional care to Plaintiff's decedent. 8. Plaintiff fails to identify the negligent acts committed by the individuals employed by the Commonwealth. 9. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.R.C.P., Rule 1019(a). 10. A complaint shall identify each defendant against whom plaintiff is asserting a professional liability claim. Pa.R.C.P., Rule 1042.2. 11. Plaintiff has not pled any material facts with respect to the nature of the negligent professional acts complained of*or has he pled the identity of the persons who allegedly committed negligent professional acts. WHEREFORE, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff's action insofar as it is based on negligent penal treatment or care. Furthermore, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff's action based on negligent professional treatment or care, or in the alternative, order Plaintiff to name the specific individuals against whom he is asserting a professional liability claim and the set forth specific acts they committed or omitted which serve the basis for his cause of action. Preliminary Objection No. 2 -Motion to Strike - Damages 14. Paragraph 28 of Plaintiff's Third Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate expenses. 15. Paragraph 29 of Plaintiff's Third Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 16. Paragraph 41 of Plaintiffs Third Amended Complaint states: As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum [sic] for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 17 Paragraph 42 of Plaintiffs Third Amended Complaint states: As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 18. Paragraph 43 of Plaintiff's Third Amended Complaint states: Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death. 19. The damages described in the previous five paragraphs and claimed by the Plaintiff are not within the types of damages recoverable against a Commonwealth party under the Sovereign Immunity Act, 42 Pa.C.S. §8528(c). 20. The damages sought in Paragraphs 28, 29, 41, 42 and 43 of Plaintiff's Complaint are not recoverable against the Commonwealth Defendants, who have sovereign immunity under 1 Pa. C.S. §2310. WHEREFORE, the Commonwealth Defendants respectfully request this Honorable Court to strike Paragraphs 28, 41, 42, and 43 of Plaintiff's Third Amended Complaint, as they may relate to Commonwealth Defendants. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General By: Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Preliminary Objections of Commonwealth Defendants are true and correct to the best of my knowledge. information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. aniel R. Goodemote Dated: November 12, 2010 4t;?J- CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011 (717-731-4800 (Attorney for Holy Spirit) Michael C. Mongiello Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Prison Health Services) C ? Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: November 12, 2010 VW) f\ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted In triplicate) -j TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter forrctl nc Argument Court.) CAPTION OF CASE,` -?r (entire caption must be stated in full) Estate of Jeffrey C. Turner, Dec'd by and through Leeland Turner, Administrator`` "a VS. 'AD Commonwealth of Pa, SCI-Camp Hill, J. Doe, Doctor/s J. Doe, Nurse/s J. Doe, related healthcare personnel, Prison Health Services, Inc. and Holy Spirit Hospital of the Sisters No 10-709-CIVIL Term of Christian Charity 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Obiections to Plaintiffs Third Amended Complaint of Def. Prison Health Services 2. Identify all counsel who will argue cases: (a) for plaintiffs: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Name and Address) Michael C. Mongiello, 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 (b) for defendants: Daniel Goodemote, Office of the Attorney General, 15th Flr, Strawberry Sq. Hbrg, PA 17120 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. I 4. Argument Court Date: December 15, 2010 Sig Michael C. Mongiello Print your name Defendant Prison Health Services Date: November 16, 2010 Attorney for D. 17 1 INSTRUCTIONS: 1. Original and 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. C, 04--1 of 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) Estate of Jeffrey C. Turner, Dec'd by and through Leeland Turner, Administrator vs. Commonwealth of Pa., SCI-Camp Hill, J. Doe, Doctor/s J. Doe, Nurse/s J. Doe, related healthcare personnel, Prison Health Services, Inc, and Holy Spirit Hospital of the Sisters of Christian Charityy, No. 10-709-CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Commonwealth Defendants' Preliminary Obiections to Plaintiff's Third Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: (Name and Address) Daniel Goodemote, Office of Attorney Gen., 15th F1. Straw. Sq., Michael C Mongiello, 4200 Crums Mill Rd., Suite B, Harrisburg (b) for defendants: (Name and Address) `.? . _ N) z 3. 1 will notify ail parties in writing within two days that this case has been ftwd f argument. 4. Arnnmont Court Date: December 15, 2010 Print your name Hbg, PA 17120 PA 17112 Hwy Defendant Commonwealth of Pennsylvania Attorney for Date: November 18, 2010 INSTRUCTIONS: 1. Original and 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. Daniel R. Goodemote HANS EDWARD SOLUM, JR. 127 CHESTER PIKE RIDLEY PARK, PA 19078 ATTORNEY FOR PLAINTIFF ATTORNEY ID #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYLVANIA The Estate of JEFFREY C. TURNER, dec'd By and through 10-709 Civil LEELAND B. TURNER, CD -? Administrator --+ • m? rxr- v. : crs E" _ -6 M "t g 'n COMMONWEALTH OF PENNSYLVANIA, et al. ? _ -. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 717.249.3166 PRISON HEALTH SERVICES, Inc 105 W. Park Drive, Ste. 200 Brentwood, TN 37027, or SCI- Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598 FOURTH AMENDED COMPLAINT 1. Leeland B. Turner, Administrator, is an adult individual who resides at 1 Meers Lane, Delaware County, Glen Mills, Pa. 19342 and was appointed by the Register of Wills, Chester County, Pennsylvania as the Administrator of the Estate of Jeffrey C. Turner, deceased, his son who left two children the intestate beneficiaries of his estate. 2. Jeffrey C. Turner, date of birth May 18, 1969, deceased, was a former resident of Chester County, Pennsylvania but at the time of his death at age 38 on February 8, 2008, was an inmate at the Pennsylvania State Correction Institution at Camp Hill 2500 Lisburn Road, Camp Hill, Pa. 17001-0598 3. The Commonwealth of Pennsylvania is a state entity which maintains and operates a system of penal correction subject to Exceptions to Sovereign Immunity @42 Pa. C.S. 58522 et seq, with an address of Strawberry Square, Harrisburg, Pa. 17120 4. Defendant Jeffrey A. Beard, PhD. Is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2520 Lisburn Road, Camp Hill, Pa. 17001-8837. 5. John A. Palakovich, is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 7. J. Doe, Nurse/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 8. J. Doe, related health care personnel are an adult individual employed by the Commonwealth of Pennsylvania in a service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant. 9. Defendant Prison Health Services, Inc. is a business entity organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service relationship with the Commonwealth of Pennsylvania and acted within the scope of its service employment relationship with an address of 105 W. Park Drive Ste. 200 Brentwood, TN 37027 or 2500 Lisburn Road, Camp Hill, Pa. 17001. Plaintiff is asserting a professional liability claim against the defendant. 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority. 11. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp hill to serve a prison sentence. He died February 3, 2008. 12. On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill- SCI. 13. SCI- Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing. 14. SCI-Camp Hill classified Turner's case as one which involved a problematic offense. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression. 16. Turner was suicidal from anxiety and depression. 17. Turner was prescribed sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 18. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison employees. 19. Prison Health Services Inc and its employees knew Turner was suicidal. 20. Prison Health Services Inc. and its employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 21. Prison Health Services Inc and its employees gave Turner prescription drugs even after he had attempted suicide three times. 22. Prison Health Services Inc and its employees deliberately gave Turner drugs and were indifferent as to whether they would lead to his alleged suicide. 23. During the period of his confinement at SCI- Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case. 24. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, each and every, jointly and severally, while in their strict control. 25. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. COUNTI NEGLIGENCE THE ESTATE of Jeffrey C. Turner v. The Commonwealth of Pennsylvania, et al. 26. The allegations of the preceding paragraphs one through eighteen (1-26) are incorporated by reference as though fully set forth herein. 27. Solely as a result of the conduct of the defendants, each and every, jointly and severally, the decedent was caused to suffer serious and severe injury, insult and deprivation of body systems and functions which were the proximate and or direct cause of death. 28. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 30. Solely as a result of the conduct of the defendants each and every jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which include the following: (a.) Failure of the defendants to possess or exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b.) Failure of the defendants to exercise due care or property train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c.) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d.) Failure to provide decedent with sufficient understanding of the risks involved in medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f.) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants. WHEREFORE, plaintiff demands judgment against the defendants each and every, jointly and severally including Prison Health Services Inc. for an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION 32. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through twenty six (1-25) as though fully set forth herein. 33. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner deceased, brings this action on behalf of the survivors of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8301. 34. Plaintiff claims damages for pecuniary loss suffered by decedent's survivors by reason of the wrongful death of Jeffrey C. Turner, as well as reimbursement for medical bills, funeral expenses and administration expenses incurred therewith. 35. As a result of the wrongful death of Jeffrey C. Turner, the survivors have been deprived of the guidance, love, tutelage, companionship, support and comfort which they would have received from him for the remainder of his natural life. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every, jointly and severally including Prison Health. Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). SECOND CAUSE OF ACTION 37. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty (1-36) as though fully set forth herein. 38. Plaintiff, Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, brings this action to recover damages to the estate of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8302. 39. As a result of the death of Jeffrey C. Turner, his estate has been deprived of the economic value of his life expectancy and plaintiff claims damages for the pecuniary loss caused by his death. 40. Plaintiff claims on behalf of the estate of the decedent damages for the conscious pain and suffering and mental anguish undergone by the plaintiff's decedent from February 2, 2008 to February 3, 2008. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiff s decedent would have had during the remainder of his natural life ended by his death. WHEREFORE, plaintiff prays for judgment against the defendants each and every, jointly and severally including Prison Health Systems Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). THIRD CAUSE OF ACTION 44. Plaintiff, Leeland B, Turner, Administrator for the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty seven (1-43) as though fully set forth herein. 45. Plaintiff brings this action under and pursuant to 42 U. S. (:ode Sect. 1983. 46. Plaintiff claims damages for pecuniary losses suffered by the decedent caused by violation of the decedent's Federally protected civil rights by the defendants and reimbursement for medical bills, funeral, internment and administrative expenses. 47. Plaintiff claims damages for violation of civil rights of the decedent. 48. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 49. Decedent exhibited a serious medical need for psychological and psychiatric treatment. 50. Prison records show that on November 11, 2007, decedent was disciplined by the prison for damaging prison property by weaving a bed sheet with which he stated to a guard that he was going to hang himself. 51. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 52. The defendant was being treated for his medical and psychiatric difficulties with sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 53. The cause of death was mixed drug toxicity which included amitriptyline and its metabolite, nortriptyline and sertraline and its metabolite, desmethylsertraline. 54. Decedent had been transferred from the general population to a lock down unit. 55. A search of his cell revealed a suicide note. 56. He was moved to an observation unit in the infirmary, stripped naked, and put on 15 minute round the clock checks. 57. Decedent was deliberately supplied medications as indicated in paragraph 44 by the defendants each and every jointly and severally. 58. The defendants each and every jointly and severally have drawn an inference of excessive risk to the decedent's health and safety when he was moved from the general population to a lock down unit and then to the infirmary, stripped naked, and put on 15 minute suicide watch. 59. The decedent while in a suicide watch from November 11, 2007 had no opportunity to secure drugs from other prisoners. 60. The coroner's report showed that the decedent overdosed on prescription drugs that were supplied to him by the prison. 61. Despite the prison's knowledge of decedent's suicidal tendencies, the prison continued to prescribe and supply drugs, indifferent to the excessive risks to his health and safety. 62. Access to the drugs by the defendant was in the exclusive control of the prison which was in exclusive control of the decedent whose death could only have resulted from the deliberate indifference of the prison. 63. The Commonwealth of Pennsylvania contracted with Prison Health Services Inc., to meet its duty of medical care for Camp Hill- SCI inmates. 64. Prison Health Services Inc. accepted the contract and became an agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill- SCI inmates as an agent of the State. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill- SCI and who were the agents servants and employees of Prison Health Services Inc., agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill- SCI. 66. Prison Health Services Inc. medical needs personnel knew that Turner was suicidal. 67. As employees of Prison Health Services Inc. the personnel had a duty to Turner to exercise care not to facilitate his suicide with drugs prescribed and made available to him. 68. Amitriptyline (Elavil) is a psychotropic drug that if not administered properly can lead to increased suicidal tendencies. 69. No one has ever died from anxiety or depression. 70. Turner was in isolation and suicide watch and was restrained from harming himself except for the continuous supply of drugs by Prison Health Systems and its employees and agents. 71. Turner had a history of disciplinary infraction with the prison. 72. The use of drugs is a way of controlling inmates from disciplinary infraction as a means of calming. 73. Prison Health Systems Inc. knowingly intended to injure him to a point of calming by the use of drugs for his disciplinary outbursts. 74. Prison Health Systems had an obligation with the prison to effectively deal with those out of control inmates with medication where feasible. 75. Turner's out of control demeanor which included expressions of suicide were issues that could be effectively controlled by psychotropics all of which Prison Health Systems was fully aware. 76. Prison Health Systems knew Turner's disciplinary and suicidal issues and had a conscious appreciation of the risk involved by continuous dosing with Amitriptyline (Elavil). 77. Prison Health Systems was personally involved in the policies and practices of inmate control by prescription drugs as it was specifically contracted by the prison to perform medical services consistent with the disciplined administration of housing inmates. 78. As employees of Prison Health Services Inc., the contractor was aware of Turner's suicidal nature. 79. Prison Health Systems was in the exclusive control of the drugs that were intentionally administered to Turner which were the direct cause of his death in the absence of due care of his suicidal nature. 80. Prison Health Systems intentionally administered potentially lethal drugs to Turner with complete disregard for reasonable care and prudence in consideration of his suicidal condition which endangered his life and was the direct and proximate cause of his death. 81. Prison Health Systems is estopped to deny its liability insofar as it had a legal duty to Turner to act with due care, failed to do so, and that failure is the natural and proximate cause that lead to Turner's death. 82. Commonwealth of Pennsylvania, under exceptions to sovereign immunity is responsible for the actions of its agents, servants and employees. WHEREFORE, Plaintiff individually and as Administrator of the Estate of Jeffrey C. Turner, deceased, demands judgment against the defendants each and every jointly and several including Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). RES IPSA LOOUATOR 83. The preceding paragraphs 1 through 82 are incorporated by reference as though fully set forth herein. 84. Res Ipsa Locatur creates a rebuttable presumption that the defendant was negligent, which arises upon proof that the instrumentality causing injury was in defendants exclusive control, and that the accident was one which ordinarily does not happen in the absence of negligence. 85. The cause of death of plaintiff's decedent, Jeffrey Turner„ was an overdose of prescription medicines supplied to the decedent under the exclusive control of the defendants. 86. The decedent's ingestion of the prescription medicine was under the exclusive control of the defendants. 87. The quantity of prescription medicine required to cause decedent's death was exclusively under control of the defendants. 88. But for the defendants failure to control the availability, quantity and ingestion of the prescription medicine the decedent would not have been able to commit suicide. 89. The defendants knew that the decedent had a previous position to commit suicide and with its exclusive control of the prescription drug intended that the decedent ingest a lethal dosage and thereby assisted the decedent in the cause of his death. WHEREFORE, the plaintiff is entitled to a rebuttable presumption that it must establish that it was not negligent in the exclusive control of the instrumentality of prescription drugs that caused the death of the decedent. Respectfully CERTIFICATE OF SERVICE AND NOW, this /a? day of )V2, Ce VVL 6? ,20 10, I, Hans Edward Solum, Jr., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U. S. mail, postage prepaid, addressed as follows: BY FIRST CLASS MAII,: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Crums Mill Road Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc) Daniel R. Goodemote, Esq. OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI- Commonwealth of Pennsylvania, Department of Corrections) Hans Edward Solum, VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements in this Complaint are true and correct. I understand that false statements herein, are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsifications to authorities. Date: Leeland B. Turner, Administrator 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 Attorney for Defendant, Prison Health Services, Inc. FILED-OFFICE OF THE PROTHONOTARY 201 r:' 17 I' 2: 11 Ur* ? HUNTY PEA' S'YL A"1IA THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. : Defendants JURY TRIAL DEMANDED JOINT MOTION OF ALL DEFENDANTS TO STRIKE PLAINTIFF'S UNTIMELY FILED FOURTH AMENDED COMPLAINT AND NOW come Defendants, Commonwealth of Pennsylvania, Jeffrey A. Beard, PhD. and John A. Palakovich (collectively hereinafter referred to as "the Commonwealth Defendants"), by and through their counsel, Daniel R. Goodemote, Esquire; and Defendant, Prison Health Services, Inc. (hereinafter referred to as "PHS"), by and through its counsel, Michael C. Mongiello, Esquire, and jointly move this Honorable Court to strike Plaintiffs untimely filed Fourth Amended Complaint as follows: 1. Plaintiff commenced this wrongful death and survival action arising out of the alleged February 3, 2008 demise of Plaintiffs prisoner-decedent by medication overdose almost one (1) year ago, on January 28, 2010, by filing a Praecipe for Writ of Summons, and then followed with a Complaint on May 13, 2010. 2. Defendants timely filed several Preliminary Objections to Plaintiffs Complaint. 3. As a matter of course, Plaintiff timely filed an Amended Complaint on August 10, 2010. 4. Because numerous legal deficiencies remained in Plaintiffs Amended Complaint, Defendants timely filed Preliminary Objections thereto. 5. Again as a matter of course, Plaintiff timely filed a Second Amended Complaint on September 17, 2010. 6. As Plaintiffs Second Amended Complaint was yet again objectionable on essentially the same several grounds previously raised, Defendants timely filed Preliminary Objections thereto. 7. In response, Plaintiff filed a Third Amended Complaint on October 20, 2010. 8. Plaintiffs Third Amended Complaint is verbatim of the Second Amended Complaint, with the addition of a few allegations (Id. at ¶¶ 79-81) that are completely unresponsive to the substance of Defendants' Preliminary Objections to the Second Amended Complaint. 9. PHS accordingly timely filed Preliminary Objections thereto endorsed with a Notice to Plead, and a Supporting Brief, on November 9, 2010, and the Commonwealth Defendants followed with similar Preliminary Objections endorsed with a Notice to Plead, and a Supporting Brief, on November 13, 2010.1 See time-stamped copies of said Preliminary Objections are attached hereto as Exhibits "A" and "B" respectively. 1 While the Commonwealth Defendants Preliminary Objections were filed a few days outside of the twenty (20) day filing period set forth in Pa.R.C.P. No. 1026, Plaintiff did not object in any way thereto and has thus waived any issue in this regard. 2 10. Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint were concurrently served upon Plaintiffs counsel per the attached Certificates of Service. See Exhibits "A" and "B". 11. PHS filed a Praecipe For Listing Case for Argument as to its Preliminary Objections to Plaintiffs Third Amended Complaint on November 17, 2010 and the Commonwealth Defendants filed a similar document on November 19, 2010, both seeking oral argument on said Preliminary Objections during the December 15, 2010 term of Argument Court. 12. Said Praecipes were concurrently served upon Plaintiffs counsel. 13. On November 24, 2010, this Honorable Court notified all counsel that the Preliminary Objections to Plaintiffs Third Amended Complaint had been listed for oral argument on December 15, 2010. 14. Pursuant to Pa.R.C.P. Nos. 1026 and 1028, Plaintiffs response to the Preliminary Objections to Plaintiffs Third Amended Complaint, or a Fourth Amended Complaint, was due to be filed within twenty (20) days of the respective filing dates for Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint, on or before November 29, 2010 as to PHS, and on or before December 3, 2010 as to the Commonwealth Defendants. 15. Plaintiff did not timely file either a response to Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint, nor a Fourth Amended Complaint, in this regard. 16. Then, on the eve of argument court, December 14, 2010, Plaintiff s counsel faxed handwritten correspondence to the Cumberland County Court Administrator, stating that a Fourth Amended Complaint has been filed on December 13, 2010 (approximately two (2) weeks 3 post deadline established by Pa.R.C.P. No. 1026), and requesting that Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint be removed from the December 15, 2010 argument list. A copy of said correspondence is attached hereto as Exhibit "C". 17. Having not been served with any Fourth Amended Complaint as of that time, the undersigned immediately checked Cumberland County's online docket and did not find a Fourth Amended Complaint of record. 18. The undersigned corresponded with the Cumberland County Court Administrator on December 14, 2010 in order to advise of an objection to Defendants' Preliminary Objections to Plaintiff s Third Amended Complaint being removed from the December 15, 2010 argument list based on the claimed filing of a Fourth Amended Complaint, which was untimely. 19. The undersigned's Assistant thereafter personally spoke to Plaintiffs counsel on December 14, 2010, wherein Plaintiff s counsel admitted to being told that the Cumberland County Court Administrator had since advised him that oral argument on Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint would be going forward on December 15, 2010, but Plaintiff s counsel nonetheless stated that he would not be in attendance. 20. Oral argument on Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint did in fact proceed on December 15, 2010, before the Honorable Judges Guido and Oler, with Plaintiffs counsel not present. 21. The foregoing procedural history was laid out in detail for Judges Guido and Oler, after which oral argument by the Defendants on the substantive issues underlying Defendants Preliminary Objections to Plaintiffs Third Amended Complaint was heard. 4 22. The instant Joint Motion to Strike Plaintiffs Untimely Filed Fourth Amended Complaint is filed in follow up to oral argument as to the issue of Plaintiffs untimely filing of a Fourth Amended Complaint. 23. A search of the Cumberland County online docket on December 16, 2010 did confirm the December 13, 2010 filing of a Fourth Amended Complaint, although to date such has not been served upon Defendants. 24. Once again, the Fourth Amended Complaint does not address any of the issues raised in the numerous prior rounds of preliminary objections, but instead, includes a new claim for res ipsa loquitor, a theory which is patently not even applicable to the facts of this case, and which would warrant the filing of yet an additional preliminary objection. 25. Plaintiffs Fourth Amended Complaint should be stricken from the record as violative of Pa.R.C.P. No. 1026 and to the prejudice of Defendants. 26. Furthermore, to the extent that Plaintiff may be permitted to file a subsequently amended Complaint in response to the substance of Defendants' Preliminary Objections to Plaintiffs Third Amended Complaint, such should be limited to addressing only procedural type matters (i.e., improper pleading of multiple claims in one (1) count and improper failure to identify agents/servants of the Defendants). 27. Because Plaintiff has thus far had four (4) opportunities (considering the Fourth Amended Complaint, actually five (5)), over the course of almost three (3) years (the approximate two (2) year statute of limitations period pre-suit and the approximate one (1) year that has passed since suit was commenced), to properly plead a complaint without success, no further substantive amendments should be permitted. 5 WHEREFORE, Defendants respectfully request that this Honorable Court enter the attached Order. DENNEHEY, WARNER, ID No.: ?87532\ V -1 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3500 Dated: \-b\\of0 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DENNEHEY, WARNER, 1 & GOGGIN Date: By: A\ M N MICH LLO, ESQUIRE 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 05/668865.v 1 7 ?v?a? c 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 11112 (717) 651-3502 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff V. FILED-CFPlCE Or THE PROTHONOTARY 74010 NOV -9 Pty 152 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL PRISON HEALTH SERVICES, INC., et al. : Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Estate of Jeffrey C. Turner c/o Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 _ You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: M'L..?`IAt?X . 0.? AM44hiuk_ Michael C. lvlongiello, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA. 17112 (717),651-3500 Dated: l ? Y ( ? 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 Attorney for Defendant, Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff IN THE COURT OF COMMON PLEAS. OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY V. . No: 10-709-CIVIL PRISON HEALTH SERVICES, INC., et al.: Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S THIRD AMENDED COMPLAINT OF DEFENDANT, PRISON HEALTH SERVICES, INC. AND NOW comes Defendant, Prison Health Services, Inc. ("PHS"), by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, and preliminarily objects to Plaintiff s Third Amended Complaint as follows: L Plaintiff commenced this action on January 28, 2010 by filing a Praecipe for Writ of Summons and followed with a Complaint on May 13, 2010. 2. PHS timely filed several Preliminary Objections to Plaintiffs Complaint, along with a Supporting Brief, on July 21, 2010. 3. As a matter of course, Plaintiff timely filed an Amended Complaint on August 10, 2010. 4. Because numerous legal deficiencies remained in Plaintiffs Amended Complaint, PHS timely filed Preliminary Objections thereto on August 28, 2010. 5. Again as a matter of course, Plaintiff timely filed a Second Amended Complaint on September 17, 2010. 6. As Plaintiff s .Second Amended Complaint was yet again objectionable on several grounds, PHS timely filed Preliminary. Objections thereto on October 2, 2010. 7. In response, Plaintiff has filed a Third Amended Complaint. A true and correct copy of Plaintiffs Third Amended Complaint is attached to the instant Objections as Exhibit "A" 8. Plaintiffs Third Amended Complaint is verbatim of the Second Amended Complaint, with the addition of a few allegations (Id. at IM 79-81) that are completely unresponsive to the substance of PHS' Preliminary Objections to the Second Amended Complaint. 9. In addition to the inappropriateness of this obviously dilatory tactic, Plaintiffs Third Amended Complaint remains preliminarily objectionable on several bases and PHS now timely files the instant Preliminary Objections thereto. A. PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE VISIVIISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME 10. The "Third Cause of Action" set forth in Plaintiffs Third Amended Complaint, brought pursuant to Section 1983, is a claim for an alleged deliberate indifference to Plaintiffs decedent's Eighth Amendment rights against cruel and unusual punishment. See Exhibit "A". 2 11. The allegations plead in Plaintiffs Third Amended Complaint fall well short of the liability threshold under Section 1983, particularly considering that Plaintiff s allegations against PHS sound only in vicarious liability, Id. and see Supporting Brief, WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. B. PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S THIRD AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY 12. Plaintiff pleads as follows in his Third Amended Complaint; 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees *ho were acting within the scope of their agreement, agency, servantship and authority. 65. Prison Health Services Inc. hired and employed John Doe, doctors, nurses and healthcare personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill-SCI and who were the agents servants and employees of Prison Health Services, Inc, an agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical needs of inmates at Camp Hill-SCI. See Exhibit "A" (emphasis supplied). 13. By said assertion, Plaintiff is obviously claiming that PHS is vicariously liable for the conduct of such unidentified "agents, servants, workmen and employees", who were . allegedly professionally negligent in several respects, as well as deliberately indifferent to Plaintiffs decedent's constitutional rights. Id. at Count I and. "Third Cause of Action". 14. Contrary to Pennsylvania agency laws, Plaintiff fails to set forth any identifying information regarding allegedly responsible agents or servants of PHS. See Supporting Brief. 15. Plaintiff s medical professional liability claim against unknown and unidentified healthcare providers is particularly inappropriate considering that a separate Certificate of Merit must be filed as to each and every licensed professional against whom such a claim is asserted. See Pa.R.C.P. No. 1042.3(b)(1). See Supporting Brief. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. C. PLAINTIFF SHOULD BE ORDERED TO FILE A FOURTH AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PAR.C.P. NO. 1020(a) 16. Pursuant to Pa.R.C.P. No. 1020(a), a plaintiff can plead more than one civil cause of action against the same defendant. See Supporting Brief. 17. However, each cause of action and any special damage related thereto shall be stated in a separate count containing a demand for relief. Id. 18. Within his Third Amended Complaint, Plaintiff intermingles apparent causes of action against all Defendants irrespective of their involvement in the case, including for direct negligence, vicarious liability and deliberate indifference. See Exhibit "A". 19. Furthermore, claims of direct negligence and vicarious liability are not separately plead. Id. WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. 4 D. PARAGRAPHS 31 (d), (e) AND (f) Of PLAINTIFF'S THIRDAMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2) 20. Pa.R.C.P. No. 1028(a)(2) provides that a preliminary objection may be filed when a pleading contains scandalous.and impertinent matter. See Supporting Brief. 21. The clear gravamen of Plaintiffs Third Amended Complaint is that his decedent was improperly supplied with prescription medications, which he used to overdose and commit suicide. See Exhibit "A" generally. 22. In support of a negligence claim against PHS in this regard, Plaintiff avers in his Third Amended Complaint, inter a1ia, that: 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants each and every, jointly and severally, which included, but are not limited to the following: (d) Failure to provide decedent with sufficient understanding of the side effect risks involved with the use of the medication; (e.) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; [and] (£) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants[.] See Exhibit "A". 20. The fact that Plaintiff s decedent may not have been provided information regarding the side effects of, and alternatives to, the medications that he ultimately overdosed on for purposes of committing suicide is wholly immaterial to Plaintiffs core theory in this case, i.e., that Plaintiff should not have been prescribed medications at all considering his history of prior suicide attempts. 'See Supporting Brief. 5 WHEREFORE, Defendant, Prison Health Services, Inc. respectfully requests that this Honorable Court enter the attached Order. J, DENNEHEY, WARNER, & GOGGIN ID No:: g7` n V 4200 Crum Mill Road, Suite B Harrisburg, PA 17112 717-651-3500 ?i I1110 Dated: 6 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as. follows: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 DENNEREY, WARNER, i & GOGGIN ?a Date: \`% By:. MICHA'EAO: MTELLO, ESQUIRE Attorney ID 87532 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 05/618786,vl 7 ????i? Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`" Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 dgoodemote«i'.attomeygeneral.gov The Estate of JEFFREY C. TURNER, dec'd By and through LEELAND B. TURNER, Administrator, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL - JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTOR/S; J. DOE. NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants : No. 10-709 CIVIL NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within Preliminary Objections within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS W. CORBETT, JR. Attorney General By: 'IM'4A Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Dated: November 15, 2010 Daniel R. Goodemote Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15"' Floor, Strawberry Square Harrisburg, PA 17120 Direct Dial: 717-783-3147 dgoodemote(a? attorneylTeneral. gov P/1 /2: S PE 6,c ,-? a 0Ui?d ! Y t:'tflf The Estate of JEFFREY C. TURNER, dec'd By and through LEELAND B. TURNER, Administrator, Plaintiffs V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, JEFFREY A. BEARD, Ph.D.; COMMONWEALTH OF PENNSYLVANIA, STATE CORRECTIONAL INSTITUTION - CAMP HILL - JOHN A. PALAKOVICH, SUPERINTENDENT; J.DOE, DOCTOR/S; J. DOE, NURSE/S; J. DOE, related Health care personnel; PRISON HEALTH SERVICES, INC.; HOLY SPIRIT HOPSITAL of the SISTERS OF CHRISTIAN CHARITY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : No. 10-709 CIVIL PRELIMINARY OBJECTIONS OF COMMONWEALTH DEFENDANTS TO PLAINTIFF'S THIRD AMENDED COMPLAINT These Preliminary Objections are filed by Defendants, Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D., John A. Palakovich (Commonwealth Defendants): 1. Plaintiff, the Estate of Jeffrey C. Turner, sued the Commonwealth Defendants, as well as others on or about May 10, 2010. 2. Plaintiffs causes of action arise from the death of Plaintiff's decedent, allegedly overdosed on drugs which were prescribed to him. Plaintiff's Second Amended Complaint, 124. Preliminary Objection No. I - Legal Insufficiency, or in the Alternative, Insufficient Specificity - Count I The First Count of Plaintiffs Third Amended Complaint alleges the failure of the defendants to "exercise the skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent... " 4. The Commonwealth retains sovereign immunity, except where expressly waived by the legislature. 1 Pa. C. S. § 2310. 5. Commonwealth officials and employees acting within the scope of their duties enjoy the same immunity as the Commonwealth itself 6. There is no waiver of immunity for negligent penal care or treatment; this allegation is legally insufficient. 7. The Complaint does not identify the individuals employed by the Commonwealth who allegedly provided negligent professional care to Plaintiff's decedent. 8. Plaintiff fails to identify the negligent acts committed by the individuals employed by the Commonwealth. 9. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa.R.C.P., Rule 1019(a). 10. A complaint shall identify each defendant against whom plaintiff is asserting a professional liability claim. Pa.R.C.P., Rule 1042.2. 11. Plaintiff has not pled any material facts with respect to the nature of the negligent professional acts complained ofsor has he pled the identity of the persons who allegedly committed negligent professional acts. WHEREFORE, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff s action insofar as it is based on negligent penal treatment or care. Furthermore, the Commonwealth Defendants request this Honorable Court to dismiss Plaintiff s action based on negligent professional treatment or care, or in the alternative, order Plaintiff to name the specific individuals against whom he is asserting a professional liability claim and the set forth specific acts they committed or omitted which serve the basis for his cause of action. Preliminary Objection No. 2 -Motion to Strike - Damages 14. Paragraph 28 of Plaintiff's Third Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment, memorial and estate expenses. 15. Paragraph 29 of Plaintiffs Third Amended Complaint states: Solely as a result of the conduct of the defendants each and every jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 16. Paragraph 41 of Plaintiff's Third Amended Complaint states: As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum [sic] for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 17 Paragraph 42 of Plaintiff's Third Amended Complaint states: As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 18. Paragraph 43 of Plaintiffs Third Amended Complaint states: Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death. 19. The damages described in the previous five paragraphs and claimed by the Plaintiff are not within the types of damages recoverable against a Commonwealth party under the Sovereign Immunity Act, 42 Pa.C.S. §8528(c). 20. The damages sought in Paragraphs 28, 29, 41, 42 and 43 of Plaintiff's Complaint are not recoverable against the Commonwealth Defendants, who have sovereign immunity under 1 Pa. C.S. §2310. WHEREFORE, the Commonwealth Defendants respectfully request this Honorable Court to strike Paragraphs 28, 41, 42, and 43 of Plaintiffs Third Amended Complaint, as they may relate to Commonwealth Defendants. Respectfully submitted, Thomas W. Corbett, Jr. Attorney General By: 1?- -- Z'j '. - -±- ?t Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 VERIFICATION The facts set forth in this Preliminary Objections of Commonwealth Defendants are true and correct to the best of my knowledge. information and belief. This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsifications to authorities. aniel R. Goodemote Dated: November 12, 2010 CERTIFICATE OF SERVICE I hereby certify that I am this day sending a copy of the foregoing document to all persons and in the manner indicated below. SERVICE MADE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 (Attorney for Plaintiff) Thomas Chairs, Esquire Dickie, McCarney & Chilcote 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011 (717-7314800 (Attorney for Holy Spirit) Michael C. Mongiello Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Attorney for Prison Health Services) C b Daniel R. Goodemote Senior Deputy Attorney General Supreme Court No. 30986 Office of Attorney General Torts Litigation Section 15th Fl., Strawberry Square Harrisburg, PA 17120 (717) 783-3147 DATED: November 12, 2010 b Dec 14 2010 11:55AM HP LRSERJET FAX HANS EDWARD SOLUM, JR. ATTORNEY AT LAW 127 Chester Pike Ridley Park, PA 19078 K,610-521-3310 F?• . c4L i1 cot 0 7-gck cs4-??. FACSIMILE TRANSMITTAL COVER SHEET DATE: ? /?/10 Please transmit the following pages to: NAME: ,, TELEPHONE NUMBER: FACSIMILE NUMBER: FROM: -jf ? I-2a (u, !or' Law Office of Hans Edward Solurn, Jr. P PAGES: f RE: ! Y COMMENTS: tie /V rclol Origin copy 'li not fib l ,unless re uested e?, g><nlcop op will follow b?- Regular Mail _ Certified Mail Q 2 a 1 Ovemight r f Hand Delivery nfidentia! The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received'this communication in error, please immediately notify us by telephone and destroy the facsimile. Thank you, r f ? oar f r? ` ?7 e? ?(3 10 THE ESTATE OF JEFFREY C. TURNER, DEC'D, BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PRISON HEALTH SERVICES, INC., et al., Defendants NO. 10-709 CIVIL TERM IN RE: JOINT MOTION OF ALL DEFENDANTS TO STRIKE PLAINTIFF'S UNTIMELY FILED FOURTH AMENDED COMPLAINT ORDER OF COURT AND NOW, this 21" day of December, 2010, upon consideration of the Joint Motion of all Defendants To Strike Plaintiffs Untimely Filed Fourth Amended Complaint, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, ans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff I/P,-, 0 J. /Wesley Oler, r., J. . Cz v t ti,? Cr ' A. Stone, Esq. ichael C. Mongiello, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorneys for Defendant Prison Health Services, Inc. aniel Goodemote, Esq. Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15`x' Floor, Strawberry Square Harrisburg, PA 17120 :rc nn lam', L es ma L LL l2 a???a HANS EDWARD SOLUM, JR. 127 CHESTER PH(E RIDLEY PARK, PA 19078 ATTORNEY FOR PLAINTIFF ATTORNEY ID #20593 (610) 299-0462 THE ESTATE OF JEFFREY C. TURNER, DEC'D IN THE COURT OF COMMON PLEAS BY AND THROUGH OF CUMBERLAND COUNTY, PA LEELAND B. TURNER, ADMINISTRATOR Plaintiff CIVIL ACTION MEDICAL PROFESSIONAL LIABILITY V. COMMONWEALTH OF PENNSYLVANIA, et al. No. 10-709-CIVIL Defendants JURY TRIAL DEMANDED ANSWER TO JOINT MOTION OF ALL DEFENDANTS TO STRIKE PLAINTIFF'S UNTIMELY FILED FOURTH AMENDED COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. n c o 3 r-n a - ? =rn-n o1 .c u x>c, ?- n c co C) -1 cn ?o s 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Denied. Pa.R.C.P. 1017(4) an answer needs to be filed only when the preliminary objection alleges facts not of record. Pa. R.C.P. 1028(c)(2) Preliminary objections raising an issue under subdivision(ax2)(3) or (4) may be determined from facts of record. Preliminary objections challenged the capacity to sue and the legal sufficiency of the claim. Kellog v. KelloLr, 435 Pa. Super 581, 646A2dl246(1994)_ 25. Denied. Pa.R.C.P. 1026 fails to provide the remedy requested by defendants. There is no prejudice to the defendants' as they must still establish the legal insufficiency of the claim as stated in the complaint. An alternative interpretation by the defendants' of the facts as pleaded is not an option under preliminary objections. 26. Denied. The request exceeds the bounds of Pa.R.C.P. 1028 which limit correction of the pleadings unless they clearly establish legal insufficiency. Defendants have cited no authority of law in the preliminary objections that render the complaint legally insufficient. 27. Denied. Pa.R.C.P. 126 calls for liberal construction by the courts to secure a just, speedy and inexpensive determination and may disregard any error or defect of procedure which does not affect the substantive rights of the parties. The defendants have prematurely challenged the substantive facts in the claim with no hint of legal insufficiency. No substantive amendments appear in any of the five amended complaints. While in the exclusive care custody and control of the defendants, the decedent died from an overdose of drugs supplied by the defendants. WHEREFORE, Plaintiff respectfully requests an appropriate order with respect to defendants' preliminary objections under and pursuant to the applicable Pennsylvania Rules of Civil Procedure. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc.) Daniel R. Goodemote, Esq. Senior Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI- Commonwealth of Pennsylvania, Department of Corrections) Date: By: THE ESTATE OF JEFFREY C. IN THE COURT OF COMMON PLEAS OF TURNER, DEC'D, BY AND CUMBERLAND COUNTY, PENNSYLVANIA THROUGH LEELAND B. TURNER, ADMINISTRATOR, V. CIVIL ACTION - LAW PRISON HEALTH SERVICES, INC., et al., rnco ?_; Defendants NO. 10-709 CIVIL TERM Z- o IN RE: JOINT MOTION OF ALL DEFENDANTS TO STRIKE PLAINTIFF'S UNTIMELY FILED ?Z : FOURTH AMENDED COMPLAINT ORDER OF COURT AND NOW, this 10th day of February, 2011, upon consideration of the joint motion of Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, PhD., and John A. Palakovich and Prison Health Services, Inc., and of the Answer to the motion filed by Plaintiff, and following a telephone conference with counsel on February 10, 2011, in which counsel argued their respective positions on the motion, the motion is granted and Plaintiff s Fourth Amended Complaint is stricken. BY THE COURT, /Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff Craig A. Stone, Esq. /Michael C. Mongiello, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorneys for Defendant Prison Health Services, Inc. /Daniel Goodemote, Esq. Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Cb p ie-s WJ tr C4 (0 / ?KB :rc ESTATE OF JEFFREY C.: IN THE COURT OF COMMON PLEAS OF TURNER, dec'd : CUMBERLAND COUNTY, PENNSYLVANIA By and through LEELAND B. TURNER, Administrator, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, JOHN A. PALAKOVICH, DOCTOR/S J. DOE, NURSE/S J. DOE, PRISON HEALTH SERVICES, INC., and - '` HOLY SPIRIT - HOSPITAL of the SISTERS OF CHRISTIAN: CHARITY, Defendants : NO. 10-709 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANTS COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, AND JOHN A. PALAKOVICH and by DEFENDANT PRISON HEALTH SERVICES, INC. BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 4`" day of March, 2011, upon consideration of the Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint and of the Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., following oral argument held on December 15, 2010, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. With respect to the wrongful death and survival actions against the Commonwealth Defendants, (a) any reference to improper penal ! ' care and treatment is stricken, (b) damage claims for funeral expenses, loss of the enjoyment of life, and other losses not specifically authorized by statute are stricken, and (c) Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against each Commonwealth Defendant is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; 2. With respect to the wrongful death, survival, and Section 1983 actions against Defendant Prison Health Services, Inc., Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against Defendant Prison Health Services, Inc., is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; and 3. In the absence of a timely-filed fourth amended complaint as to a given defendant, Plaintiffs complaint against such defendant shall be deemed dismissed with prejudice, without further order of court. BY THE J esley r, Jr.; J. Hans Edward Solum, Jr., Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff .Craig A. Stone, Esq. Michael C. Mongiello, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorney for Defendant Prison Health Services, Inc. Thomas Chairs, Esq. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Defendant Holy Spirit Hospital /Daniel R. Goodemote, Esq. Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15`h Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D, and John A. Palakovich copies M ,a led Bill 3l .0 ESTATE OF JEFFREY C.: IN THE COURT OF COMMON PLEAS OF TURNER, dec'd : CUMBERLAND COUNTY, PENNSYLVANIA By and through LEELAND B. TURNER, Administrator, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, JOHN A. PALAKOVICH, DOCTOR/S J. DOE, NURSE/S J. DOE, PRISON HEALTH SERVICES, INC., and HOLY SPIRIT HOSPITAL of the SISTERS OF CHRISTIAN: CHARITY, Defendants : NO. 10-709 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANTS COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, AND JOHN A. PALAKOVICH and by DEFENDANT PRISON HEALTH SERVICES, INC. BEFORE OLER and GUIDO, JJ. OPINION and ORDER OF COURT OLER, J., March 4, 2011. In this civil case, the administrator of the estate of a deceased inmate of a state correctional institution has filed a wrongful death, survival and "1983" civil rights action as the result of the decedent's death from a drug overdose.' For disposition at this time 1 Third Amended Complaint, filed October 21, 2010 (hereinafter "Pl.'s Third Am. Compl., filed Oct. 21, 2010"). Plaintiff commenced this action by filing his original complaint on May 11, 2010. See Complaint, filed May 11, 2010 (hereinafter "Pl.'s Orig. Compl. filed May 11, 2010"). Plaintiff are preliminary objections to Plaintiff's third amended complaint filed by (a) Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, and John A. Palakovich,2 and (b) Defendant Prison Health Services, Inc.3 Argument was held on the preliminary objections on December 15, 2010. Plaintiffs counsel did not submit a brief in opposition to the preliminary objections or appear for the argument. For the reasons stated in this opinion, the preliminary objections will be sustained in part and overruled in part. STATEMENT OF FACTS Plaintiff is identified as Leeland B. Turner, administrator of the estate of his son, Jeffrey C. Turner, deceased, pursuant to an appointment of the Register of Wills of Chester County, Pennsylvania.4 The present action was commenced by Plaintiff on January 28, 2010, by filing a praecipe for writ of summons.5 Defendants include the Commonwealth of Pennsylvania, Secretary of Corrections Jeffrey A. Beard, State Correctional Institution (Camp Hill) Superintendent John A. Palakovich, unnamed doctors, nurses, and health care personnel said to be employees of the Commonwealth, and Prison Health Services, Inc.6 Plaintiff's original complaint was subsequently filed his First Amended Complaint on August 10, 2010, and a Second Amended Complaint on September 17, 2010. z Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint, filed November 16, 2010. 3 Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., filed November 9, 2010 (hereinafter "Preliminary Objections of Prison Health Services to Third Amended Complaint, filed Nov. 9, 2010"). a Pl.'s Third Am. Compl., ¶1, filed Oct. 21, 2010. 5 Praecipe for Writ of Summons, filed January 28, 2010; see Pl.'s Orig. Compl., filed May 11, 2010. 6 See Pl.'s Third Am. Compl., filed Oct. 21, 2010. Defendant Holy Spirit Hospital of the Sisters of Christian Charity was previously dismissed from the action, pursuant to preliminary objections. See Order of Court, In re: Preliminary Objections of Defendant Holy Spirit Hospital to Plaintiff's Complaint, July 8, 2010; Preliminary Objections to Plaintiff's Complaint Filed on Behalf of Defendant, Holy Spirit Hospital of the Sisters of Christian Charity, filed June 10, 2010; compare Pl.'s Orig. Compl., ¶10, filed May 11, 2010, with Pl.'s Third Am. Compl., filed Oct. 21, 2010. 2 filed on May 11, 20 10.7 Three successive sets of preliminary objections filed by these defendants8 were not ruled upon due to Plaintiff's filing of three successive amended complaints,9 but a fourth amended complaint was not filed timely10 and will not prevent the court's consideration of the defendants' preliminary objections to Plaintiff's third amended complaint." The allegations of Plaintiff's third amended complaint may be summarized as follows. Plaintiff's decedent died on February 3, 2008, at the age of 38 while an inmate at the State Correctional Institution at Camp Hill, 12 in Cumberland County, Pennsylvania. The decedent was known by the correctional facility to be suffering from anxiety and depression, and was prescribed medications in the form of sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 13 ' Pl.'s Orig. Compl., filed May 11, 2010. 8 Preliminary Objections to Plaintiffs Complaint of Defendant, Prison Health Services, Inc., filed July 22 2010; Preliminary Objections of Commonwealth Defendants, filed August 8, 2010; Preliminary Objections to Plaintiffs Amended Complaint of Defendant, Prison Health Services, Inc., filed August 31, 2010; Preliminary Objections of Commonwealth Defendants, filed September 1, 2010 (hereinafter "Preliminary Objections of Commonwealth Defendants to Plaintiffs First Amended Complaint, filed Sept. 1, 2010"); Preliminary Objections to Plaintiffs Second Amended Complaint of Defendant, Prison Health Services, Inc., filed October 4, 2010; Preliminary Objections of Commonwealth Defendants to Plaintiff s Second Amended Complaint, filed October 8, 2010. 9 First Amended Complaint, filed August 10, 2010; Second Amended Complaint, filed September 17, 2010; Pl.'s Third Am. Compl., filed Oct. 21, 2010. 10 This court granted the joint motion of Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, PhD., and John A. Palakovich and Prison Health Services by Order of Court, dated February 10, 2010. Order of Court, In re: Joint Motion of All Defendants to Strike Plaintiffs Untimely Filed Fourth Amended Complaint, dated February 10, 2011; see Fourth Amended Complaint, filed December 13, 2010; Joint Moition of All Defendants to Strike Plaintiffs Untimely Filed Fourth Amended Complaint, filed December 17, 2010; Answer to Joint Motion of All Defendants to Strike Plaintiffs Untimely Filed Fourth Amended Complaint, filed January 11, 2011. 11 Pl.'s Third Am. Compl., filed Oct. 21, 2010; Preliminary Objections of Prison Health Services to Third Amended Complaint, filed Nov. 9, 2010; Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint, filed November 16, 2010. 12 Pl.'s Third Am. Compl., ¶11, filed Oct. 21, 2010. 13 Pl.'s Third Am. Compl., ¶J15-17, filed Oct. 21, 2010. 3 Defendant Prison Health Services, Inc., a business entity providing professional health care services and engaged by the Commonwealth Pennsylvania, 14 knew that decedent was suicidal, failed to limit his access to the drugs prescribed for him, failed to advise of the medicines' side effects, 15 and was indifferent to whether they would lead to his suicide. 16 On February 2, 2008, "[d]espite intense control and observation," the decedent "ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, ... while in their strict control."17 He was pronounced dead the following day. 18 The said defendants were collectively negligent with respect to the decedent in the following particulars: (a) Failure of the defendants to possess or exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b) Failure of the defendants to exercise due care or proper[l]y train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d) Failure to provide decedent with sufficient understanding of the risks involved in medication; (e) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants. 19 Certificates of merit as to Defendants "Commonwealth of Pennsylvania," "Commonwealth of Pennsylvania-Department of Corrections," "Commonwealth of 14 Pl.'s Third Am. Compl., ¶9, filed Oct. 21, 2010. 15 Pl.'s Third Am. Compl., ¶¶18-20, filed Oct. 21, 2010. 16 Pl.'s Third Am. Compl., ¶22, filed Oct. 21, 2010; see Pl.'s Third Am. Compl., ¶21, filed Oct. 21, 2010. 17 Pl.'s Third Am. Compl., ¶24, filed Oct. 21, 2010. 18 Pl.'s Third Am. Compl., ¶25, filed Oct. 21, 2010. 19 Pl.'s Third Am. Compl., ¶¶31(a)-(f), filed Oct. 21, 2010 (emphasis added). 4 Pennsylvania-State Correctional Institution-Camp Hill," "J. DOE, Doctor/s-SCI-Camp Hill," "J. DOE, Nurse/s-SCI-Camp Hill," "J. DOE, related health care personnel-SCI- Camp Hill," and "Prison Health Services, Inc." have been filed by Plaintiff s counsel.20 In connection with the negligence claim, Plaintiff's complaint includes the following damage-related paragraphs: 28. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment [sic], memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death.21 The civil rights of Plaintiff's decedent were violated for purposes of 42 U.S.C. §1983 in that Defendant Prison Health Systems, Inc., acting as agent of Defendant Commonwealth of Pennsylvania and as employer of "John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill-SCI," prescribed to Plaintiff's decedent a psychotropic drug that could lead to 20 Certificate of Merit [as to Commonwealth of Pennsylvania], filed March 25, 2010; Certificate of Merit [as to Commonwealth of Pennsylvania - Department of Corrections], filed March 25, 2010; Certificate of Merit [as to Commonwealth of Pennsylvania - State Correctional Institution - Camp Hill], filed March 25, 2010; Certificate of Merit [as to J. DOE, Doctor/s - SCI-Camp Hill], filed March 25, 2010; Certificate of Merit [as to J. DOE, Nurse/s-SCI - Camp Hill], filed March 25, 2010; Certificate of Merit [as to related health care personnel - SCI -Camp Hill], filed March 25, 2010; Certificate of Merit [as to Prison Health Services, Inc.], filed March 25, 2010. 21 Pl.'s Third Am. Compl., ¶T28-29, 41-43, filed Oct. 21, 2010. 5 increased suicidal tendencies, knowing of the patient's prior suicide attempts and intending to injure him through pacification by medication. 22 Plaintiff's third amended complaint consists of a "First Cause of Action," for wrongful death, a "Second Cause of Action," in the nature of a survival action, and a "Third Cause of Action," pursuant to Section 1983 of Title 42 of the United States Code.23 However, separate counts are not assigned to the various defendants, and the factual premises upon which their respective liabilities are predicated are so commingled as to render them indistinguishable from one another. The preliminary objections to Plaintiff's third amended complaint being pursued by the Commonwealth Defendants are in the form of (a) a demurrer, based on sovereign and official immunity, to the negligence-based wrongful death and survival actions to the extent that they assert improper "penal ... care and treatment, ,24 (b) a motion for a more specific pleading as to the identities of Commonwealth employees, if any, who were professionally negligent, and the nature of their negligence,25 and (c) a motion to strike certain types of damages not authorized in the Sovereign Immunity Act. 26 Counsel for the Commonwealth Defendants indicated at oral argument that these preliminary objections did not relate to Plaintiff's "1983" civil rights claim. The preliminary objections to Plaintiff's third amended complaint being pursued by Defendant Prison Health Services, Inc., raise the following issues, as expressed in that Defendant's brief: A. WHETHER PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON 22 See Pl.'s Third Am. Compl., ¶¶63-78, filed Oct. 21, 2010. 23 See generally Pl.'s Third Am. Compl., ¶¶28-29, 41-43, filed Oct. 21, 2010. 24 See Commonwealth Defendants' Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint, at 6-7. 25 See Commonwealth Defendants' Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint, at 7-9. 26 See Commonwealth Defendants' Brief in Support of Preliminary Objections to Plaintiffs Third Amended Complaint, at 9-10. 6 WHICH RELIEF CAN BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME? B. WHETHER PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S SECOND AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY? C. WHETHER PLAINTIFF SHOULD BE ORDERED TO FILE A FOURTH AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PA.R.C.P. NO. 1020(a)? D. WHETHER PARAGRAPHS 31 (d), (e) AND (f) OF PLAINTIFF'S THIRD AMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2)?27 DISCUSSION Preliminary objections of Commonwealth Defendants. "Pursuant to section I 1 of Article 1 of the Constitution of Pennsylvania, it is ... declared to be the intent of the General Assembly that the Commonwealth, and its officials and employees acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity ...." Act of Sept. 28, 1978, P.L. 788, No. 152, §1, as amended, I Pa. C. S. §2310. Under Section 8522 of the Judicial Code, the legislature has waived the defense of sovereign immunity for certain specific types of negligence cases, including those based on claims for damages caused by "[a]cts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel." 42 Pa. C.S. §8522(b)(2). A Plaintiff seeking to overcome the defense of sovereign immunity under 42 Pa.C.S. § 8522 must meet two distinct requirements. First, the plaintiff must show that he possesses a common law or statutory cause of action against a Commonwealth party, section 8522(a). Second, the plaintiff must demonstrate that the cause of action falls within one of the nine exceptions to sovereign immunity set forth in section 8522(b). 27 Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., at 4. 7 Moser v. Heistand, 168 Pa. Commw. 109, 113, 649 A.2d 177, 179 (1994) (citations omitted). As a general rule, the Commonwealth, like other persons and entities, will not be liable for negligence of an independent contractor. See Moser v. Heistand, 168 Pa. Commw. 109, 117, 649 A.2d 177, 181 (1994). Under the Sovereign Immunity Act, damages shall be recoverable only for (1) Past and future loss of earnings and earning capacity. (2) Pain and suffering. (3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant. (4) Loss of consortium. (5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to potholes and other dangerous conditions).28 In Huda v. Kirk, 122 Pa. Commw. 129, 551 A.2d 637 (1988), abrogated on different grounds by Dep't of Pub. Welfare v. Shultz, 579 Pa. 164, 169, 855 A.2d 753 (2004), the Commonwealth Court expressly held, inter alia, that funeral expenses, normally recoverable in a wrongful death action, were not recoverable under this section. Nor does the section authorize a recovery for the decedent's loss of life's pleasures under the circumstances of the present case. Finally, where liability of a principal is premised upon the acts or omissions of an agent, it may be noted that, [w]hile it is not necessary to plead all the various details of an alleged agency relationship, a complainant must allege, as a minimum, facts which: (1) identify the agent by name or appropriate description; and (2) set forth the agent's authority, and how the tortious act of the agent either fall within the scope of that authority, or, if unauthorized, were ratified by the principal. Alumni Ass'n v. Sullivan, 369 Pa. Super. 596, 605, n.2, 535 A.2d 1095, 1100, n.2 (1987). 28 42 Pa. C.S. §8528(c). 8 A complaint should be pled in such a way that a defendant is sufficiently apprised of the facts and legal premises upon which the plaintiffs claims are based to permit a meaningful response. See Miketic v. Baron, 450 Pa. Super. 91, 675 A.2d 324 (1996). In the case sub judice, Plaintiff's third amended complaint as it relates to the Commonwealth Defendants contains a claim for negligent penal care and treatment which is not encompassed by the legislature's waiver of the defense of sovereign immunity, contains claims for damages that are not authorized in the Sovereign Immunity Act, and is structured in such a way that it is impossible to determine what professional negligence, if any, is being premised on acts of omissions of Commonwealth employees as opposed to independent contractors. Preliminary objections of Defendant Prison Health Services, Inc. Section 1983 of the Civil Rights Act provides as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.... 42 U.S.C. §1983. It has been held that, as a general rule, this provision was not intended to encompass private conduct. Whitehead v. AM Int'l, Inc., 860 F. Supp. 1280 (N.D. Ill., 1984) (section 1983 claims against private company and private individual stricken). However, a private party may be liable under Section 1983 where the party has jointly engaged with public officers in a denial of a plaintiff's civil rights. Tarkowski v. Robert Bartlett Realty Co., 644 F.2d 1204, 1206 (7th Cir. 1980). To establish an Eighth Amendment claim against a medical defendant under Section 1983, a plaintiff must show "(i) a serious medical need, and (ii) acts or omissions ... that indicate deliberate indifference to that need." Natale v. Camden County Correctional Facility, 318 F.3d 575, 582 (3d Cir. 2003). Deliberate indifference 9 is a "subjective standard of liability consistent with recklessness as that term is defined in criminal law." Id., citing Nicini v. Morra, 212 F.3d 798, 811 (3d Cir. 2000). Finally, in the case of a pleading respecting agents, where the identity of such persons is better known and more accessible to the party seeking more specificity as to their identity than to the pleader, the issue of further specification will be relegated to the discovery process. See generally Johnson v. Patel, 19 Pa. D. & C.4th 305, 306-07 (C.C.P. Lackawanna Co. 1993), 1993 WL 742806. In the present case, it appears to the court that the employees of Defendant Prison Health Services, Inc., who participated in the treatment of Plaintiff's decedent, have been sufficiently described in Plaintiff's third amended complaint to permit their identification by Defendant, and that information leading to such identification would be more readily available to Defendant than to Plaintiff. In addition, it appears to the court to be premature to dispose of Plaintiff's negligence and Section 1983 claims on the ground that the facts pled could not possibly rise to the level of a cognizable cause of action on either theory. On the other hand, the third amended complaint is structured in such a way that the causes of action and factual allegations against the Commonwealth Defendants and against Defendant Prison Health Services, Inc., are commingled to such an extent that the latter defendant can not be expected to prepare a meaningful responsive pleading that will serve to clarify the factual and legal issues applicable to its liability. Based on the foregoing, the following order will be entered: ORDER OF COURT AND NOW, this 4t` day of March, 2011, upon consideration of the Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint and of the Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., following oral argument held on December 15, 2010, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 10 1. With respect to the wrongful death and survival actions against the Commonwealth Defendants, (a) any reference to improper penal care and treatment is stricken, (b) damage claims for funeral expenses, loss of the enjoyment of life, and other losses not specifically authorized by statute are stricken, and (c) Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against each Commonwealth Defendant is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; 2. With respect to the wrongful death, survival, and Section 1983 actions against Defendant Prison Health Services, Inc., Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against Defendant Prison Health Services, Inc., is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; and 3. In the absence of a timely-filed fourth amended complaint as to a given defendant, Plaintiff's complaint against such defendant shall be deemed dismissed with prejudice, without further order of court. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Hans Edward Solum, Jr., Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff 11 Craig A. Stone, Esq. Michael C. Mongiello, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorney for Defendant Prison Health Services, Inc. Thomas Chairs, Esq. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Defendant Holy Spirit Hospital Daniel R. Goodemote, Esq. Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D, and John A. Palakovich 12 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 Attorney, for Defendant Prison Health Services, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA THE ESTATE OF JEFFREY C. TURNER, DECD BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff V. PRISON HEALTH SERVICES, INC., et al. : Defendants CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY FILED-OFFICE CF THE PROTHONOTARY 42 041 K'A R 25 AM 10: 04 CUMBERLAND COUN T Y PENNSYLVANIA No: 10-709-CIVIL JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS AS TO ALL DEFENDANTS FOR PLAINTIFF'S FAILURE TO TIMELY FILE A FOURTH AMENDED COMPLAINT PURSUANT TO THIS COURT'S ORDER OF MARCH 4 ,2011 TO THE PROTHONOTARY: Please enter judgment in favor of all Defendants, and against Plaintiff, the Estate of Jeffrey C. Turner, Deceased, by and through Leeland B. Turner, Administrator, for Plaintiffs failure to timely file a Fourth Amendment Complaint in the above captioned action pursuant to this Court's Order of March 4, 2011, in which Plaintiff was directed to file a Fourth Amended Complaint within twenty (20) days of March 4, 2011 (on or before March 24, 2011) and that "[i]n the absence of a timely-filed Fourth Amended Complaint as to a given Defendant, Plaintiffs Complaint against such Defendant shall be deemed dismissed with prejudice, without further Order of Court." A true and correct copy of this Court's March 4, 2011 Order is attached hereto as Exhibit A, see page 11, paragraphs 1 through 3. The undersigned verifies that the statement of fact contained in this Praecipe are true and correct, and are made subject to the penalties of 19 Pa. C.S.A.§4904 relating to unsworn falsification to authority. MAR 'H LL, DENNEHEY, WARNER, COL N & G(JGGIN MichaeY Q. MoViki 11110 ID No.: 87532 VV 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3500 Dated: 3 )25)11 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 Daniel Goodemote, Esquire Senior Deputy Attorney General Office of the Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: I Z By: MICHAEL (2.' iGIELLO, ESQUIRE Attorney ID 87532 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 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 Attorney for Defendant Prison Health Services, Inc. THE ESTATE OF JEFFREY C. TURNER, DEC'D BY AND THROUGH LEELAND B. TURNER, ADMINISTRATOR Plaintiff V. PRISON HEALTH SERVICES, INC., et al. : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION MEDICAL PROFESSIONAL LIABIILTY No: 10-709-CIVIL JURY TRIAL DEMANDED NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA.R.C.P. NO. 236 Notice is hereby given that judgment of non pros has been entered against you as to all claims in the above captioned matter. 3/a // i Prothonotary, Cumberland County If you have any questions regarding this Notice, please contact the filing party: Michael C. Mongiello, Esquire Marshall, Dermehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 NOTICE SENT TO: Hans Edward Solum, Jr. 127 Chester Pike Ridley Park, PA 19078 05/705358.vI N Z 13 -W10) l; I r-4 .hf ESTATE OF JEFFREY C.: IN THE COURT OF COMMON PLEAS OF TURNER, dec'd : CUMBERLAND COUNTY, PENNSYLVANIA By and through LEELAND B. TURNER, Administrator, : Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, : JEFFREY A. BEARD, JOHN A. PALAKOVICH, DOCTOR/S J. DOE, NURSE/S J. DOE, : PRISON HEALTH SERVICES, INC., and HOLY SPIRIT : HOSPITAL of the SISTERS OF CHRISTIAN: CHARITY, Defendants : NO. 10-709 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANTS COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, AND JOHN A. PALAKOVICH and by DEFENDANT PRISON HEALTH SERVICES, INC. BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 4d' day of March, 2011, upon consideration of the Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint and of the Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., following oral argument held on December 15, 2010, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. With respect to the wrongful death and survival actions against the Commonwealth Defendants, (a) any reference to improper penal care and treatment is stricken, (b) damage claims for funeral expenses, loss of the enjoyment of life, and other losses not specifically authorized by statute are stricken, and (c) Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against each Commonwealth Defendant is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; 2. With respect to the wrongful death, survival, and Section 1983 actions against Defendant Prison Health Services, Inc., Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against Defendant Prison Health Services, Inc., is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; and 3. In the absence of a timely-filed fourth amended complaint as to a given defendant, Plaintiff's complaint against such defendant shall be deemed dismissed with prejudice, without further order of court. BY THE CO Hans Edward Solum, Jr., Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff esley r, Jr. J Craig A. Stone, Esq. Michae C. Mongiello, Esq. 420 rums Mill Road Xarrisburg, PA 17112 Attorney for Defendant Prison Health Services, Inc. Thomas Chairs, Esq. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Defendant Holy Spirit Hospital Daniel R. Goodemote, Esq. Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D, and John A. Palakovich ESTATE OF JEFFREY C.: IN THE COURT OF COMMON PLEAS OF TURNER, dec'd : CUMBERLAND COUNTY, PENNSYLVANIA By and through LEELAND B. TURNER, Administrator, Plaintiff CIVIL ACTION V. COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, : JOHN A. PALAKOVICH, DOCTOR/S J. DOE, : NURSE/S J. DOE, PRISON HEALTH SERVICES, INC., and HOLY SPIRIT HOSPITAL of the : SISTERS OF CHRISTIAN: CHARITY, Defendants : NO. 10-709 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO PLAINTIFF'S THIRD AMENDED COMPLAINT FILED BY DEFENDANTS COMMONWEALTH OF PENNSYLVANIA, JEFFREY A. BEARD, AND JOHN A. PALAKOVICH and by DEFENDANT PRISON HEALTH SERVICES, INC. BEFORE OLER and GUIDO, JJ. OPINION and ORDER OF COURT OLER, J., March 4, 2011. In this civil case, the administrator of the estate of a deceased inmate of a state correctional institution has filed a wrongful death, survival and "1983" civil rights action as the result of the decedent's death from a drug overdose.' For disposition at this time ' Third Amended Complaint, filed October 21, 2010 (hereinafter "Pl.'s Third Am. Compl., filed Oct. 21, 2010"). Plaintiff commenced this action by filing his original complaint on May 11, 2010. See Complaint, filed May 11, 2010 (hereinafter "Pl.'s Orig. Compl. filed May 11, 2010"). Plaintiff are preliminary objections to Plaintiff's third amended complaint filed by (a) Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, and John A. Palakovich,2 and (b) Defendant Prison Health Services, Inc.3 Argument was held on the preliminary objections on December 15, 2010. Plaintiff's counsel did not submit a brief in opposition to the preliminary objections or appear for the argument. For the reasons stated in this opinion, the preliminary objections will be sustained in part and overruled in part. STATEMENT OF FACTS Plaintiff is identified as Leeland B. Turner, administrator of the estate of his son, Jeffrey C. Turner, deceased, pursuant to an appointment of the Register of Wills of Chester County, Pennsylvania.4 The present action was commenced by Plaintiff on January 28, 2010, by filing a praecipe for writ of summons.5 Defendants include the Commonwealth of Pennsylvania, Secretary of Corrections Jeffrey A. Beard, State Correctional Institution (Camp Hill) Superintendent John A. Palakovich, unnamed doctors, nurses, and health care personnel said to be employees of the Commonwealth, and Prison Health Services, Inc.6 Plaintiff's original complaint was subsequently filed his First Amended Complaint on August 10, 2010, and a Second Amended Complaint on September 17, 2010. 2 Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint, filed November 16, 2010. 3 Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., filed November 9, 2010 (hereinafter "Preliminary Objections of Prison Health Services to Third Amended Complaint, filed Nov. 9, 2010"). 4 Pl.'s Third Am. Compl., ¶1, filed Oct. 21, 2010. s Praecipe for Writ of Summons, filed January 28, 2010; see Pl.'s Orig. Compl., filed May 11, 2010. 6 See Pl.'s Third Am. Compl., filed Oct. 21, 2010. Defendant Holy Spirit Hospital of the Sisters of Christian Charity was previously dismissed from the action, pursuant to preliminary objections. See Order of Court, In re: Preliminary Objections of Defendant Holy Spirit Hospital to Plaintiff's Complaint, July 8, 2010; Preliminary Objections to Plaintiff's Complaint Filed on Behalf of Defendant, Holy Spirit Hospital of the Sisters of Christian Charity, filed June 10, 2010; compare Pl.'s Orig. Compl., ¶10, filed May 11, 2010, with Pl.'s Third Am. Compl., filed Oct. 21, 2010. 2 filed on May 11, 20 10.7 Three successive sets of preliminary objections filed by these defendants8 were not ruled upon due to Plaintiff's filing of three successive amended complaints,9 but a fourth amended complaint was not filed timely10 and will not prevent the court's consideration of the defendants' preliminary objections to Plaintiff's third amended complaint." The allegations of Plaintiff's third amended complaint may be summarized as follows. Plaintiff's decedent died on February 3, 2008, at the age of 38 while an inmate at the State Correctional Institution at Camp Hill, 12 in Cumberland County, Pennsylvania. The decedent was known by the correctional facility to be suffering from anxiety and depression, and was prescribed medications in the form of sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox. 13 ' Pl.'s Orig. Compl., filed May 11, 2010. 8 Preliminary Objections to Plaintiff's Complaint of Defendant, Prison Health Services, Inc., filed July 22 2010; Preliminary Objections of Commonwealth Defendants, filed August 8, 2010; Preliminary Objections to Plaintiff's Amended Complaint of Defendant, Prison Health Services, Inc., filed August 31, 2010; Preliminary Objections of Commonwealth Defendants, filed September 1, 2010 (hereinafter "Preliminary Objections of Commonwealth Defendants to Plaintiffs First Amended Complaint, filed Sept. 1, 2010"); Preliminary Objections to Plaintiff's Second Amended Complaint of Defendant, Prison Health Services, Inc., filed October 4, 2010; Preliminary Objections of Commonwealth Defendants to Plaintiffs Second Amended Complaint, filed October 8, 2010. ' First Amended Complaint, filed August 10, 2010; Second Amended Complaint, filed September 17, 2010; Pl.'s Third Am. Compl., filed Oct. 21, 2010. 10 This court granted the joint motion of Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, PhD., and John A. Palakovich and Prison Health Services by Order of Court, dated February 10, 2010. Order of Court, In re: Joint Motion of All Defendants to Strike Plaintiffs Untimely Filed Fourth Amended Complaint, dated February 10, 2011; see Fourth Amended Complaint, filed December 13, 2010; Joint Moition of All Defendants to Strike Plaintiff's Untimely Filed Fourth Amended Complaint, filed December 17, 2010; Answer to Joint Motion of All Defendants to Strike Plaintiffs Untimely Filed Fourth Amended Complaint, filed January 11, 2011. 11 Pl.'s Third Am. Compl., filed Oct. 21, 2010; Preliminary Objections of Prison Health Services to Third Amended Complaint, filed Nov. 9, 2010; Preliminary Objections of Commonwealth Defendants to Plaintiffs Third Amended Complaint, filed November 16, 2010. 12 Pl.'s Third Am. Compl., 111, filed Oct. 21, 2010. 13 Pl.'s Third Am. Compl., ¶¶15-17, filed Oct. 21, 2010. 3 Defendant Prison Health Services, Inc., a business entity providing professional health care services and engaged by the Commonwealth Pennsylvania,14 knew that decedent was suicidal, failed to limit his access to the drugs prescribed for him, failed to advise of the medicines' side effects, 15 and was indifferent to whether they would lead to his suicide. 16 On February 2, 2008, "[d]espite intense control and observation," the decedent "ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants, ... while in their strict control.9317 He was pronounced dead the following day. 18 The said defendants were collectively negligent with respect to the decedent in the following particulars: (a) Failure of the defendants to possess or exercise the care, skill, judgment and training required for undertaking the penal, medical, psychological and psychiatric care and treatment of the decedent, together with the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b) Failure of the defendants to exercise due care or proper[l]y train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c) Failure of defendants to secure an adequate history from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d) Failure to provide decedent with sufficient understanding of the risks involved in medication; (e) Failure to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f) Failure to advise of alternatives to the medication and treatment given to the decedent by the defendants.19 Certificates of merit as to Defendants " Commonwealth of Pennsylvania," "Commonwealth of Pennsylvania-Department of Corrections," " Commonwealth of 14 Pl.'s Third Am. Compl., 19, filed Oct. 21, 2010 15 Pl.'s Third Am. Compl., ¶¶18-20, filed Oct. 21, 2010. 16 Pl.'s Third Am. Compl., 122, filed Oct. 21, 2010; see Pl.'s Third Am. Compl., 121, filed Oct. 21, 2010. 17 Pl.'s Third Am. Compl., ¶24, filed Oct. 21, 2010. 18 Pl.'s Third Am. Compl., 125, filed Oct. 21, 2010. 19 Pl.'s Third Am. Compl., ¶¶31(a)-(f), filed Oct. 21, 2010 (emphasis added). 4 Pennsylvania-State Correctional Institution-Camp Hill," "J. DOE, Doctor/s-SCI-Camp Hill," "J. DOE, Nurse/s-SCI-Camp Hill," "J. DOE, related health care personnel-SCI- Camp Hill," and "Prison Health Services, Inc." have been filed by Plaintiff's counsel.20 In connection with the negligence claim, Plaintiff's complaint includes the following damage-related paragraphs: 28. Solely as a result of the conduct of the defendants each and every jointly and severally plaintiffs were caused to spend various sums of money on funeral, cremation, internment [sic], memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants each and every, jointly and severally, the decedent has suffered a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 41. As a result of the untimely death of the decedent, plaintiff claims for the defendant and additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which ended by his death. 42. As a result of the untimely death of the decedent, plaintiff claims damages for the expenses incurred in connection therewith. 43. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of life which plaintiff's decedent would have had during the remainder of his natural life ended by his death?? The civil rights of Plaintiff's decedent were violated for purposes of 42 U.S.C. § 1983 in that Defendant Prison Health Systems, Inc., acting as agent of Defendant Commonwealth of Pennsylvania and as employer of "John Doe, doctors, nurses and health care personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill-SCI," prescribed to Plaintiffs decedent a psychotropic drug that could lead to 20 Certificate of Merit [as to Commonwealth of Pennsylvania], filed March 25, 2010; Certificate of Merit [as to Commonwealth of Pennsylvania - Department of Corrections], filed March 25, 2010; Certificate of Merit [as to Commonwealth of Pennsylvania - State Correctional Institution - Camp Hill], filed March 25, 2010; Certificate of Merit [as to J. DOE, Doctor/s - SCI-Camp Hill], filed March 25, 2010; Certificate of Merit [as to J. DOE, Nurse/s-SCI - Camp Hill], filed March 25, 2010; Certificate of Merit [as to related health care personnel - SCI -Camp Hill], filed March 25, 2010; Certificate of Merit [as to Prison Health Services, Inc.], filed March 25, 2010. 21 Pl.'s Third Am. Compl., ¶¶28-29, 41-43, filed Oct. 21, 2010. 5 increased suicidal tendencies, knowing of the patient's prior suicide attempts and intending to injure him through pacification by medication.22 Plaintiff's third amended complaint consists of a "First Cause of Action," for wrongful death, a "Second Cause of Action," in the nature of a survival action, and a "Third Cause of Action," pursuant to Section 1983 of Title 42 of the United States Code. 23 However, separate counts are not assigned to the various defendants, and the factual premises upon which their respective liabilities are predicated are so commingled as to render them indistinguishable from one another. The preliminary objections to Plaintiff's third amended complaint being pursued by the Commonwealth Defendants are in the form of (a) a demurrer, based on sovereign and official immunity, to the negligence-based wrongful death and survival actions to the extent that they assert improper "penal ... care and treatment, ,24 (b) a motion for a more specific pleading as to the identities of Commonwealth employees, if any, who were professionally negligent, and the nature of their negligence,25 and (c) a motion to strike certain types of damages not authorized in the Sovereign Immunity Act.26 Counsel for the Commonwealth Defendants indicated at oral argument that these preliminary objections did not relate to Plaintiff's "1983" civil rights claim. The preliminary objections to Plaintiff's third amended complaint being pursued by Defendant Prison Health Services, Inc., raise the following issues, as expressed in that Defendant's brief. A. WHETHER PLAINTIFF'S SECTION 1983 CLAIM AGAINST PHS SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON 22 See Pl.'s Third Am. Compl., ¶¶63-78, filed Oct. 21, 2010. 23 See generally Pl.'s Third Am. Compl., ¶¶28-29, 41-43, filed Oct. 21, 2010. 24 See Commonwealth Defendants' Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint, at 6-7. 21 See Commonwealth Defendants' Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint, at 7-9. 26 See Commonwealth Defendants' Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint, at 9-10. 6 WHICH RELIEF CAN . BE GRANTED DUE TO LACK OF ALLEGATIONS SUFFICIENT TO SUPPORT SAME? B. WHETHER PLAINTIFF'S CLAIM THAT PHS IS VICARIOUSLY LIABLE FOR THE CONDUCT OF UNIDENTIFIED AGENTS, SERVANTS AND EMPLOYEES SHOULD BE DISMISSED FROM PLAINTIFF'S SECOND AMENDED COMPLAINT AS VIOLATIVE OF THE IDENTITY REQUIREMENT IMPOSED UNDER PENNSYLVANIA LAWS OF AGENCY? C. WHETHER PLAINTIFF SHOULD BE ORDERED TO FILE A FOURTH AMENDED COMPLAINT SEPARATING OUT CAUSES OF ACTION NOT DISMISSED AS A RESULT OF THE FOREGOING PRELIMINARY OBJECTIONS IN ACCORDANCE WITH PA.R.C.P. NO. 1020(a)? D. WHETHER PARAGRAPHS 31 (d), (e) AND (f) OF PLAINTIFF'S THIRD AMENDED COMPLAINT SHOULD BE STRICKEN AS SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO PA.R.C.P. NO. 1028(a)(2)?2' DISCUSSION Preliminary objections of Commonwealth Defendants. "Pursuant to section 11 of Article 1 of the Constitution of Pennsylvania, it is ... declared to be the intent of the General Assembly that the Commonwealth, and its officials and employees acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity ...." Act of Sept. 28, 1978, P.L. 788, No. 152, §1, as amended, 1 Pa. C.S. §2310. Under Section 8522 of the Judicial Code, the legislature has waived the defense of sovereign immunity for certain specific types of negligence cases, including those based on claims for damages caused by " f acts of health care employees of Commonwealth agency medical facilities or institutions or by a Commonwealth party who is a doctor, dentist, nurse or related health care personnel." 42 Pa. C.S. §8522(b)(2). A Plaintiff seeking to overcome the defense of sovereign immunity under 42 Pa.C.S. § 8522 must meet two distinct requirements. First, the plaintiff must show that he possesses a common law or statutory cause of action against a Commonwealth party, section 8522(a). Second, the plaintiff must demonstrate that the cause of action falls within one of the nine exceptions to sovereign immunity set forth in section 8522(b). 27 Brief in Support of Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., at 4. 7 Moser v. Heistand, 168 Pa. Commw. 109, 113, 649 A.2d 177, 179 (1994) (citations omitted). As a general rule, the Commonwealth, like other persons and entities, will not be liable for negligence of an independent contractor. See Moser v. Heistand, 168 Pa. Commw. 109, 117, 649 A.2d 177, 181 (1994). Under the Sovereign Immunity Act, damages shall be recoverable only for (1) Past and future loss of earnings and earning capacity. (2) Pain and suffering. (3) Medical and dental expenses including the reasonable value of reasonable and necessary medical and dental services, prosthetic devices and necessary ambulance, hospital, professional nursing and physical therapy expenses accrued and anticipated in the diagnosis, care and recovery of the claimant. (4) Loss of consortium. (5) Property losses, except that property losses shall not be recoverable in claims brought pursuant to section 8522(b)(5) (relating to potholes and other dangerous conditions).28 In Huda v. Kirk, 122 Pa. Commw. 129, 551 A.2d 637 (1988), abrogated on different grounds by Dept of Pub. Welfare v. Shultz, 579 Pa. 164, 169, 855 A.2d 753 (2004), the Commonwealth Court expressly held, inter alia, that funeral expenses, normally recoverable in a wrongful death action, were not recoverable under this section. Nor does the section authorize a recovery for the decedent's loss of life's pleasures under the circumstances of the present case. Finally, where liability of a principal is premised upon the acts or omissions of an agent, it may be noted that, [w]hile it is not necessary to plead all the various details of an alleged agency relationship, a complainant must allege, as a minimum, facts which: (1) identify the agent by name or appropriate description; and (2) set forth the agent's authority, and how the tortious act of the agent either fall within the scope of that authority, or, if unauthorized, were ratified by the principal. Alumni Ass'n v. Sullivan, 369 Pa. Super. 596, 605, n.2, 535 A.2d 1095, 1100, n.2 (1987). 28 42 Pa. C.S. §8528(c). 8 A complaint should be pled in such a way that a defendant is sufficiently apprised of the facts and legal premises upon which the plaintiff's claims are based to permit a meaningful response. See Miketic v. Baron, 450 Pa. Super. 91, 675 A.2d 324 (1996). In the case sub judice, Plaintiff's third amended complaint as it relates to the Commonwealth Defendants contains a claim for negligent penal care and treatment which is not encompassed by the legislature's waiver of the defense of sovereign immunity, contains claims for damages that are not authorized in the Sovereign Immunity Act, and is structured in such a way that it is impossible to determine what professional negligence, if any, is being premised on acts of omissions of Commonwealth employees as opposed to independent contractors. Preliminary objections of Defendant Prison Health Services, Inc. Section 1983 of the Civil Rights Act provides as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.... 42 U.S.C.§1983. It has been held that, as a general rule, this provision was not intended to encompass private conduct. Whitehead v. AM Intl, Inc., 860 F. Supp. 1280 (N.D. Ill., 1984) (section 1983 claims against private company and private individual stricken). However, a private party may be liable under Section 1983 where the party has jointly engaged with public officers in a denial of a plaintiff's civil rights. Tarkowski v. Robert Bartlett Realty Co., 644 F.2d 1204, 1206 (7th Cir. 1980). To establish an Eighth Amendment claim against a medical defendant under Section 1983, a plaintiff must show "(i) a serious medical need, and (ii) acts or omissions ... that indicate deliberate indifference to that need." Natale v. Camden County Correctional Facility, 318 F.3d 575, 582 (3d Cir. 2003). Deliberate indifference 9 is a "subjective standard of liability consistent with recklessness as that term is defined in criminal law." Id., citing Nicini v. Morra, 212 F.3d 798, 811 (3d Cir. 2000). Finally, in the case of a pleading respecting agents, where the identity of such persons is better known and more accessible to the party seeking more specificity as to their identity than to the pleader, the issue of further specification will be relegated to the discovery process. See generally Johnson v. Patel, 19 Pa. D. & C.4th 305, 306-07 (C.C.P. Lackawanna Co. 1993), 1993 WL 742806. In the present case, it appears to the court that the employees of Defendant Prison Health Services, Inc., who participated in the treatment of Plaintiff's decedent, have been sufficiently described in Plaintiff's third amended complaint to permit their identification by Defendant, and that information leading to such identification would be more readily available to Defendant than to Plaintiff. In addition, it appears to the court to be premature to dispose of Plaintiff's negligence and Section 1983 claims on the ground that the facts pled could not possibly rise to the level of a cognizable cause of action on either theory. On the other hand, the third amended complaint is structured in such a way that the causes of action and factual allegations against the Commonwealth Defendants and against Defendant Prison Health Services, Inc., are commingled to such an extent that the latter defendant can not be expected to prepare a meaningful responsive pleading that will serve to clarify the factual and legal issues applicable to its liability. Based on the foregoing, the following order will be entered: ORDER OF COURT AND NOW, this 4`h day of March, 2011, upon consideration of the Preliminary Objections of Commonwealth Defendants to Plaintiff's Third Amended Complaint and of the Preliminary Objections to Plaintiff's Third Amended Complaint of Defendant, Prison Health Services, Inc., following oral argument held on December 15, 2010, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 10 1. With respect to the wrongful death and survival actions against the Commonwealth Defendants, (a) any reference to improper penal care and treatment is stricken, (b) damage claims for funeral expenses, loss of the enjoyment of life, and other losses not specifically authorized by statute are stricken, and (c) Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against each Commonwealth Defendant is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; 2. With respect to the wrongful death, survival, and Section 1983 actions against Defendant Prison Health Services, Inc., Plaintiff is afforded a period of 20 days from the date of this order to file a fourth amended complaint in which each cause of action against Defendant Prison Health Services, Inc., is pled in a separate count, with the factual allegations pertaining to that defendant's liability separately stated in each count; and 3. In the absence of a timely-filed fourth amended complaint as to a given defendant, Plaintiff's complaint against such defendant shall be deemed dismissed with prejudice, without further order of court. BY THE COURT, s/ J. Wesley Oler Jr. J. Wesley Oler, Jr., J. Hans Edward Solum, Jr., Esq. 127 Chester Pike Ridley Park, PA 19078 Attorney for Plaintiff 11 Craig A. Stone, Esq. Michael C. Mongiello, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Attorney for Defendant Prison Health Services, Inc. Thomas Chairs, Esq. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Defendant Holy Spirit Hospital Daniel R. Goodemote, Esq. Senior Deputy Attorney General Office of Attorney General Torts Litigation Section 15th Floor, Strawberry Square Harrisburg, PA 17120 Attorney for Defendants Commonwealth of Pennsylvania, Jeffrey A. Beard, Ph.D, and John A. Palakovich 12 1 , HANS EDWARD SOLUM, JR. 127 CHES'T'ER PIKE RIDLEY PARK, PA 19078 ATTORNEY FOR PLAIM FF ATTORNEY ID #20593 (610) 299-0462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYLVANIA The Estate of JEFFREY C. TURNER, decd By and through 10-709 Civil LEELAND B. TURNER, Administrator V.., C+ -rl n1Co rT COMMONWEALTH OF PENNSYLVANIA, et al. -x,rnrn C?. ?) xa. NOTICE ,? . 'M You have been sued in court . If you wish to defend against the claims set forth in th 1lla46ing73 a pages, you must take action within twenty (20) days after this complaint and notice are served, by `` entering a written appearance poly or by attorney and filing in writing 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED RATE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa. 17013 717.249.3166 PRISON HEALTH SERVICES, Inc 105 W. Park Drive, Ste. 200 Brentwood, TN 37027, or SCI- Camp Hill 2500 Lisburn Road Camp Hill, Pa. 17001-0598 FOURTH AMENDED COMPLAINT 1. Leeland B. Turner, Administrator, is an adult individual who resides at 1 Meers Lane, Delaware County, Glen Mills, Pa. 19342 and was appointed by the Register of Wills, Chester County, Pennsylvania as the Administrator of the Estate of Jeffrey C. Turner, deceased, his son who left two children the intestate beneficiaries of his estate. 2. Jeffrey C. Turner, date of birth May 18, 1969, deceased, was a former resident of Chester County, Pennsylvania but at the time of his death at age 38 on February 8, 2008, was an inmate at the Pennsylvania State Correction Institution at Camp Hill 2500 Lisburn Road, Camp Hill, Pa. 17001-0598 3. The Commonwealth of Pennsylvania is a state entity which maintains and operates a system of penal correction subject to Exceptions to Sovereign Immunity @42 Pa. C.S. 8522(b)(2) with an address of Strawberry Square, Harrisburg, Pa. 17120 4. Defendant Jeffrey A. Beard, PhD. Is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2520 Lisburn Road, Camp Hill, Pa. 17001-8837. 5. John A. Palakovich, is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of his employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. 6. J. Doe, Doctor/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant under 42 Pa. C.S.A. 8522(b)(2) as a health care employee of a Commonwealth agency medical facility or institution and a Commonwealth party who is a doctor. 7. J. Doe, Nurse/s is an adult individual employed by the Commonwealth of Pennsylvania in a professional service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant under 42 Pa. C.S.A. 8522(b)(2) as a health care employee of a Commonwealth agency medical facility or institution and a Commonwealth party who is a nurse. 8. J. Doe, related health care personnel are an adult individual employed by the Commonwealth of Pennsylvania in a service capacity who at all relevant times acted within the scope of their employment relationship with an address of 2500 Lisburn Road, Camp Hill, Pa. 17001-8837. Plaintiff is asserting a professional liability claim against this defendant under 42 Pa. C.S.A. 8522(b)(2) as a health care employee of a Commonwealth agency medical facility or institution and a Commonwealth party who are related health care personnel. 9. Defendant Prison Health Services, Inc. (hereinafter PHSI) is a business entity organized to provide a professional health care service and at all times relevant hereto was engaged in a professional service relationship with the Commonwealth of Pennsylvania and acted within the scope of its service employment relationship with an address of 105 W. Park Drive Ste. 200 Brentwood, TN 37027 or 2500 Lisburn Road, Camp Hill, Pa. 17001. Plaintiff is asserting a professional liability claim against the defendant. 10. At all relevant times, defendants each and every, jointly and severally, acted through and by their agents, servants, workmen and employees who were acting within the scope of their employment, agency, servantship and authority as between Prison Health Services and themselves. 11. On or about September 5, 2007 the decedent Jeffrey C. Turner (hereafter "Turner") came into the custody of the State Correctional Institution Camp hill to serve a prison sentence. He died February 3, 2008. 12. On September 5, 2007 the Commonwealth of Pennsylvania had a constitutionally required responsibility to attend to the medical needs of inmates it housed at Camp Hill- SCI. 13. SCI- Camp Hill subjected Turner to a diagnostic process including but not limited to a medical examination and follow-up treatment, educational and vocational testing either by §8522(b)(2) employees or Prison Health Care Services, Inc. 14. SCI Camp Hill classified Tamer's case as one which involved a problematic offense either by §8522(bx2) employees or Prison Health Care Services, Inc. 15. During Turner's confinement it was determined through the diagnostic process that Turner suffered with anxiety and depression either by §8522(b)(2) employees or Prison Health Care Services, Inc. 16. Turner was suicidal from anxiety and depression. 17. Turner was prescribed serttaline, ramitidine, diphenhydramine, Remercm, Blavil, Bactrim, doxycycline, Risperdal, Tylenol and Maalox either by §8522(b)(2) employees or Prison Health Care Services, Inc. 18. Turner was not provided with manufacturer's safety data sheets (MSDS) to consider potential side effects to consider prescriptions he was being given by medical service personnel and prison employees either by §8522(b)(2) employees or Prison Health Care Services, Inc. 19. Prison Health Services Inc and its employees or §8522(b)(2) employees knew Turner was suicidal. 20. Prison Health Services Inc. and its employees or §8522(b)(2) employees failed to control, limit, moderate or end Turner's access to the prescription drugs. 21. Prison Health Services Inc and its emplo?rees or §8522(b)(2) employees gave Turner prescription drugs even after he had attempted suicide three times. 22. Prison Health Services Inc and its employees or §8522(bx2) employees deliberately gave Turner drugs and were indifferent as to whether they would lead to his alleged suicide. 23. During the period of his confinement at SCI- Camp Hill Turner was moved from block to block, to the infirmary and to solitary confinement whereby he was highly watched and monitored due to the results of the on going diagnostic process and classification of his case by PHSI or §8522(b)(2) employees 24. On or about February 2, 2008, despite intense control and observation, Turner ingested an overdose of drugs with mixed toxicity which were prescribed, provided and directed to Turner by the defendants §8522(bx2) employees or PHSI each and every, jointly and severally, while in their strict control. 25. Turner was pronounced dead at Holy Spirit Hospital Emergency room at 2:07 a.m. on February 3, 2008. NEGLIGENCE THE ESTATE of Jeffrey C. Turner v. The Commonwealth of Pennsylvania, et al. 26. The allegations of the preceding paragraphs one dwough twenty five (1-25) are incorporated by reference as though fully set forth herein. 27. Solely as a result of the conduct of the defendants §8522(bx2) employees and PHSI each and every, jointly and severally, the decedent was caused to suf€er serious and severe injury, insult and deprivation of body systems and functions which were the proximate and or direct cause of death. 28. Solely as a result of the conduct of the defendants §8522(b)(2) employees and PHSI each and every jointly and severally plaintiffs were caused to spend various sums of ;Honey on funeral, cmmation, internment, memorial and estate administrations expenses. 29. Solely as a result of the conduct of the defendants §8522(b)(2) employees and PHSI each and every, jointly and severally, the decedent has safkred a loss of enjoyment of life's habits, avocations, social, personal and recreational endeavors forever. 30. Solely as a result of the conduct of the defendants §8522(b)(2) employees and PHSI each and every ,jointly, and severally, the decedent has suffered a loss of earnings and diminution of earning capacity forever. 31. The damages sustained by decedent were solely the result of the individual or in the alternative the combined and or joint and several negligence of the defendants §8522(bx2) employees and PHSI each and every, jointly and severally, which include the following: {a.) Failure of the defendants #8522(b)(2) employees or PHSI to possess or exercise the care, skill, judgment and training required for undertaking the medical, psychological and psychiatric care and treatment of the decedent, together wih the counseling and advice relative to anxiety and depression disorders and or cases of offenses of a problematic nature; (b.) Failure of the defendants §8522(b)(2) employees or PHSI to exercise due care or property train and supervise personnel under their direction and supervision and control in the performance of instructions and counseling in treatment of inmate anxiety and depression; (c.) Failure of defendants §8522(b)(2) employees or PHSI to secure an adequate hiBtory from the decedent for the advice, counsel and medication provided by the defendants to the decedent; (d.) Failure of the defendants §8522(b)(2) employees or PHSI to provide decedent with sufficient understanding of the risks involved m medicatim; (e) Failure of the defendants §8522(b)(2) employees or PHSI to adequately disclose, warn or advise decedent of the side effect risks involved with the use of the medication; (f.) Failure of the defendants §8522(b)(2) employees or PHSI to advise of alternatives to the medication and treatment given to the decedent by the WHEREFORE, plaintiff demands judgment against the defendant Commonwealth of Pennsylvania each and every, jointly and severally incl Wft Prison Health Services Inc. for an amoaot in excess of FIFTY THOUSAND DOLLARS ($50,000.00). FIRST CAUSE OF ACTION - WRONGFUL DEATH ESTATE of Jeffrey C. Turner v. Prison Health Services 32. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, incorporates by reference the allegations of paragraphs one through thirty one (1-31) as though fully set forth herein. 33. Plaintiff Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Turner deceased, brings this action on behalf of the survivors of the decedent under and by virtue of the Pemwylvaoia WfengfW Death Act, 42 Pa. C. S.A. Sect. 8301. 34. Plaintiff claims damages for pecuniary loss suffered by decedent's survivors by reason of the wrongful death of Jeffrey C. Turner, as well as reimbursement for medical bills, funeral expenses and administration expenses incurred therewith. 35. As a result of the wrongful death of Jeffrey C. Turner, the survivors have been deprived of the goidaxce, lave, tutelage, par?ienskip, sappert and comfert which they would have received from him for the remainder of his natural life. WHEREFORE, the plaintiff, individually and as Administrator for the Estate of Jeffrey C. Tamer, deceased, 4emwWs judffaext against the defeadaFA Prison Health Services Inc., for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). SECOND CAUSE OF ACTION - SURVIVAL 36. Plaintiff, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, werperates by w&mice the alkgat4ens of paragraphs axe Ozot gh y six { 1-363 as though fully set forth herein. 37. Plaintiff, Leeland B. Turner, individually and as Administrator of the Estate of Jeffrey C. Tamer, deceased, lmV this actlen to €ecever damages to the estate of the 4ecedeat under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C.S.A. Sect. 8302. COUNTI The ESTATE of Jeffrey C. Turner v. Commonwealth of Pennsylvania 38. The preceding paragraphs one through thirty eight (1-38) are included by reference as though fully set forth herein. 39. Asa result of the death of Jeffrey C. Turner, his estate has been deprived of past and future loss of earnings, and earning capacity and before his death he had to endure pain and suffering. WHEREFORE, Plat daotands judgaeat agah3st the de€endant Cei?wealth of Pennsylvania for an amount in excess of Fifty Thousand Dollars ($50,000.00) COUNT H THE ESTATE of kf€*ey C. Tuner v. Co of Pennsylvania 40. The preceding paragraphs one through thirty nine (1-39) are included by reference as though fully set forth herein. 4l . Plaintiff, Deland R. Tamer, individually and as Ad-ministfator of the Estate of Jeffrey C. Turner, deceased, brings this action to recover damages to the estate of the decedent under and by virtue of the Pennsylvania Wrongful Death Act, 42 Pa. C. S.A. Sect. 8302. 42. As a result of the death of Jeffrey C. Turner, his estate has bow deprived of the economic value of his life expectancy and plaintiff claims damages for the pecuniary loss caused by his death. 43. Plaintiff claims on behalf-of the estate of tk decedent damages for the conscious } i and suffering and mental anguish undergone by the plaintiff's decedent from February 2, 2008 to February 3, 2008. 44. As a result of the nntknely death of the decedent, plaintiff claims for the defendant an additional sum for the psychic value of the expectancy and enjoyment of the life of the decedent which was ended by his death. 45. As a result of the untimely death of the decedent, plaintiff clams damages for the expenses incurred in connection therewith. 46. Plaintiff claims damages for the loss suffered by the decedent of the prospective happiness and the enjoyment and pleasures of li€e which plaintiff's decedent would have had during the remainder of his natural life ended by his death. WHEREFORE, plaintiff prays for judgment against the Prison Health Systems Inc., for a sum in excess of FIFTY THOUSAND DOLLARS {M,540.00). THIRD CAUSE OF ACTION - CIVIL RIGHTS 47. Plaintiff, Leeland $, Tnrner, Ad i rater for the Estate of Jeff*ey C. Tamer, incorporates by reference the allegations of paragraphs one through forty six (146) as though fully set forth herein. 48. Plain6ffb6ngs " aawn ande>r and pwsaant 4e 42 U. S. Cede Sect. 1993. 49. Plaintiff claims damages for pecuniary losses suffered by the decedent caused by violation of the decedent's Federally protected civil rights by the defendants and mmbwwment for awdical bills, fineral, internment and adtn.s#ative expenses. 50. Plaintiff claims damages for violation of civil rights of the decedent. 51. The decedent, Jeffrey C. Turner, was a convicted person with a history of depression. 52. Decedent exhibited a $enous medical need few psychelegical and psyclgatnc trea#nent. 53. Prison records show that on November 11, 2007, decedent was disciplined by the prison for damaging prison property by weaving a bed sheet with which he stated to a guard that he was going to hang himself. 54. Defendants each and every jointly and severally knew as stated by the coroner in his report that there was a history of attempted suicide three times while in convicted status by the decedent. 55. The defendant was being treated for his medical and psychiatric difficulties with sertraline, ramitidine, diphenhydramine, Remeron, Elavil, Bactrim, doxycycline, Risperdal, Ty}e" and Maalax. 56. The cause of death was mixed drug toxicity which included amitriptyline and its metabolite, nortriptyline and sertraline and its metabolite, desmethylsertraline. 57. Decadent had been #'ans€ ffed fin *e general pepelation to a lock down tHut. 58. A search of his cell revealed a suicide note. 59. He was moved to an observation unit in the infirmary, stripped naked, and put on 15 ie mend xhe clock checks. 60. Decedent was deliberately supplied medications as indicated in paragraph 43 by the defendants each and every jointly and severally. 44. The defendants each and every jsi y and severally have drawn an iafereace of excessive risk to the decedent's health and safety when he was moved from the general population to a lock down unit and then to the infirmary, stripped naked, and put on 15 minute suicide wad. 62. The decedent while in a suicide watch from November 11, 2007 had no opportunity to secure drugs from other prisoners. -63. The coroner's fepert slowed fihat die decedent overdesed on prescription drugs that were supplied to him by the prison. 64. Despite the prison's knowledge of decedent's suicidal tendencies, the prison continued to prescribe and supply 4Mgs, MdAkFeW 4o the excessive risks to his healtl and safety. 65. Access to the drugs by the defendant was in the exclusive control of the prison which was in exclusive control of the decedent whose death could only have resulted from the 46kberate md4eR mce of tle W4son. 66. The Commonwealth of Pennsylvania contracted with Prison Health Services Inc., to meet its duty of medical care for Camp Hill- SCI inmates. ,67. Prison Heap Services Inc. accgAed the contract and became as agent of the Commonwealth of Pennsylvania to provide for the medical needs of Camp Hill- SCI inmates as an agent of the State. .68. Prison Heald} Services lac. hired and etuooyed John Doe, 4oc4ors, Mrses and health -cam personnel, the purpose of whom was to meet the medical needs of inmates at Camp Hill- SCI and who were the agents servants and employees or Prison Services Inc., agent for the Commonwealth of Pennsylvania and its constitutional responsibility to attend the medical weeds of mates at Camp Hill- SCI. 69. Prison Health Services Inc. medical needs personnel knew that Turner was suicidal. 70. As employees of Prison Health Services Inc. the personnel had a duty to Turner to emw se -can 4%9 4e fac4kate leis swide VA* dMgs prescrbed aad wade available to lam. 71. Amitriptyline (Elavil) is a psychotropic drug that if not administered properly can lead to increased suicidal tendencies. 72. Nome 4asever4ied fFem anx4etyw depwssim. 73. Turner was in isolation and suicide watch and was restrained from harming himself except for the continuous supply of drugs by Prison Health Systems and its employees and agents. 74. Turner had a history of disciplinary infraction with the prison. 75. The use of drugs is a way of controlling inmates from disciplinary infraction as a means -Of-ca?. 76. Prison Health Systems Inc. knowingly intended to injure him to a point of calming by the use of drugs for his disciplinary outbursts. 77. Prises Heap Systems 4 d an ebhgatwa wi* the prisea 4e effecti;?e1y deal YA* these of of control inmates with medication where feasible. 78. Turner's out of control demeanor which included expressions of suicide were issues that ee gd be effeoUVely ceMF? by psycketepics all of rich Prises Health Systems was fully aware. 79. Prison Health Systems knew Turner's disciplinary and suicidal issues and had a censci w appreeiaA+ea of 4be risk *velwd by coati eas desi??g with 'iptyliae (Elavil). 80. Prison Health Systems was personally involved in the policies and practices of inmate -central by pr WRPtien 4 MP a6 A was 6pWWWa4y acted by the pr4sea to perlaerm medical services consistent with the disciplined administration of housing inmates. 81. As employees of Prison Health Services Inc., the contractor was aware of Turner's 82. Prison Health Systems was in the exclusive control of the drugs that were intentionally administered to Turner which were the direct cause of his death in the absence of due cafe of #is swidal nacre. 83. Prison Health Systems intentionally administered potentially lethal drugs to Turner with complete disregard for reasonable care and prudence in consideration of his suicidal conditien which endangered Im ti€e and was the direct and proximate -cease of #is dead. 84. Prison Health Systems is estopped to deny its liability insofar as it had a legal duty to Turner to act with due care, failed to do so, and that failure is the natural and proximate cause *M lead to Tamer's dea*. 85. Commonwealth of Pennsylvania, under exceptions to sovereign immunity is responsible for the actions of its agents, servants and employees. WIMZEFIORE, Plainti#1c4ndk idugly and as Admiaistrater of tke Estate -of 3e#yrey C. Turner, deceased, demands judgment against the defendants each and every jointly and several including Prison Health Services Inc., for a sum in excess of FIFTY T14OUSAND DOLLARS {$5©,000:00). COUNTI The Estate of Jeffrey C. Turner Commonwealth of Pennsylvania 86. The averments of paragraphs 1 to 85 are incorporated by reference as though fully set forth herein. 87. The Commonwealth by cause through its §/8522(b)(2) employees knew Turner was suicidal when he was found with a woven bed sheet he admitted he was to hang himself. The Coroner in his report, stated Turner's prison history showed he attempted suicide these times. That tamer had been taken 4om the general population to a lockdown unit. That Turner's cell contained a suicide note. That Turner had been placed on a suicide watch. U. The Clmn?, 4espite its 4mowledge -Gf Tyner as stated 4n paragraph U continued to confine him at SCI-Camp Hill. 89. The Commonwealth should have moved Turner to a mental health facility which w"W have been better spited with exper4enced staff and *esowces to deal with Turner's condition. 90. The Commonwealth hired PHSI to provide medical services at SCI-Camp Hill. 94 . PHSI continued to supply Tw4w with cgs the authority of the C onwealth despite Commonwealth's knowledge of Turner's suicidal tendencies. 92. The Commonwealth ratified the closing of Turner by PHSI despite his suicidal tendencies while he was -in vemplete ventrol of the . WHEREFORE, Plaintiff demands judgment against the Commonwealth of Pennsylvania for violation of his civil rights under 42 USC 1983 in an amount in excess of FIFTY THOUSANDDOLLARS 450,8A©.W). COUNT H TRE ESTATE -of kA;ey C. Tamer v. Prison Hem Services, Inc. 93. The preceding paragraphs one through ninety two (1 to 92) are incorporated by reference as though fully set forth herein. 94. PHSI pwA&d *gs to Togner as fel10 : sertraline, ramitidixe, 4ownlhydram4ne, Remeron, Elavil, Bactrin, doxycycline, Rispeeral, Tylenol and Maalox, some or all of which may have been for suicidal tendencies. 95. PHSI knew that Turner was suicidal from its own diagnosis or that of the prison, knew that Turner-luW actesd: w-Previously in ane suicide -and -mew-that 4he prison had responded to Turner's act to prevent his suicide. 96. PHSI with knowledge of Turner's state continued to provide the drugs of paragraph 94 when it-knew that-the-prison was attempting-to cowol Turner '-s actions-toward-suicide. 97. PHSI should have suspended drug dosing or recommended Turner be moved to a mental health facility better suited than the prison to deal with Turner's condition. 98. PHSI did not suspend dosing or nom mend a transffer. 99. PHSI continued to provide drugs to Turner with deliberate indifference to his needs of mental healthcare. 100.PHSI engaged jointly with PS4-Camp Hill and the Commonwealth of Pennsylvania in denial of Turner's civil rights. WHEREFORE, plaintiff demands judgment against PHSI for an amount in excess of FIFTY THOUSAND DOUARS ($50,000.00). VERIFICATION I, Leeland B. Turner, Administrator of the Estate of Jeffrey C. Turner, verify that the statements in this Complaint are true and correct. I understand that false statements herein, are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsifications to authorities. Date: -uzpjaL?' Leeland B. Turner, Administrator CERTIFICATE OF SERVICE AND NOW, this day of Vh? ,2011, I, Hans Edward Solum, Jr., hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U. S. mail, postage prepaid, addressed as follows: BY FIRST CLASS MAIL: Michael C. Mongiello, Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN, & GOGGIN 4200 Crums Mill Road Suite B Harrisburg, PA 17110 (Counsel for Defendant, Prison Health System Services, Inc.) Daniel R. Goodemote, Esq. OFFICE OF THE ATTORNEY GENERAL Torts Litigation Section Strawberry Square, 15th Floor Harrisburg, PA 17120 (Counsel for Defendants, John A. Palakovich, Superintendent and Jeffrey A. Beard Ph.D., SCI- Commonwealth of Pennsylvania, Department of Corrections) Hans Edward Solum, Jr.