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HomeMy WebLinkAbout04-3008 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: Oll- 30~? C;o:. C J~ JURY TRIAL DEMANDED CIVIL ACTION - LAW POLL Y A. KITNER, Plaintiff CARLISLE REGIONAL MEDICAL: CENTER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator - Fourth Floor Cumberland County Courthouse Hanover and High Streets Carlisle, P A 17013 (7 I 7) 240-6200 9~y~ POLL Y A. KITNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO: CARLISLE REGIONAL MEDICAL: CENTER, JURY TRIAL DEMANDED CIVIL ACTION - LAW Defendant. NOTICIA Le han demandado a usted en Ia corte. Si usted quiere defenderse de estas demandas expuestas en Ias paginas siguientes, usted tiene viente (20) dias de pIazo aI partir de Ia fecha de Ia demanda y Ia notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en Ia corte en forma escrita sus defensas 0 sus objeciones a Ias demandas en contra de su persona. Sea avisado que si usted no se defiende, Ia corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cuaIquier queja 0 aIivio que es pedido en Ia peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator - Fourth Floor Cumberland County Courthouse Hanover and High Streets Carlisle, PAl 70 I 3 (71 7) 240-6200 g~....,/, 2~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO: D'I - JODP CioL ~m..~ POLLY A. KITNER, Plaintiff JURY TRIAL DEMANDED CARLISLE REGIONAL MEDICAL: CENTER, CIVIL ACTION - LAW Defendant. COMPLAINT PARTIES: I. Plaintiff, Polly Kitner, is an individual and citizen of the Commonwealth of Pennsylvania with an address at 7337 Spring Road, Shermans Dale, PA 17090. 2. Defendant, Carlisle Regional Medical Center, is, on information and belief, a corporation with an address at P.O. Box 4100, Carlisle, PA 17013. FACTS: 3. On or about September 16,1968, Plaintiff became employed by Defendant's corporate predecessor as a registered nurse. 4. Plaintiff remained employed with Defendant until she was summarily discharged on February 3, 2004, when she was handed a "summary discharge notice" dated January 22, 2004. 5. Defendant, at all times material to this Complaint, operated a ambulatory surgical center, licensed by and subject to supervision by the Pennsylvania Department of Health, under statutes and regulations administered by that agency. 6. Ambulatory surgical facilities such as that operated by the Defendant, are subject to specific requirements in Title 28 of the Pennsylvania Code (Annex A) with respect to the administration of anesthesia to patients, and to mandatory policies and procedures which include, but are not limited to, the following: 9555.24. Postoperative care. (d) A medical professional certified in advanced cardiac life support shall be present until patients operated on that day have been discharged from the facility. If a patient receives general anesthesia, regional anesthesia or IV sedation, an anesthetist shall remain present until that patient is discharged from the facility. In addition to the foregoing, 28 Pa. Code 9 555.33(d)(8) provides: [B]efore discharge from the ASF, a patient shall be evaluated for proper anesthesia recovery by an anesthetist, the operating room surgeon, anesthesiologist or dentist Depending on the type of anesthesia and length of surgery, the post-operative check shall include at least the following: (i) Level of activity (ii) Respirations (iii) Blood pressure (iv) Level of consciousness (v) Oxygen saturation by pulse oximetry 7. Sometime before May, 2001, Plaintiff advised her supervisor, the surgery center nurse manager that the treating anesthesiologists at the CRMC were leaving before the last patient was discharged. Her supervisor advised the Plaintiff that these early departures were not in compliance with the regulatory requirements set forth above. Plaintiff was instructed by her supervisor to document this behavior in a log to be maintained in a file in the P ACU (Post Anesthesia Care Unit). The log was to contain information relating to the patient's time of arrival in the post-operative area, the patient's condition, anesthesia type, and the identity and time of the departure of the treating anesthesiologist on occasions when the anesthesiologist left the building before the patient was discharged. 8. On or about May 14,2001, one or more of the anesthesiologists with operating privileges at Defendant's facility found out about the recording of their early departures contained in the log. One anesthesiologist confronted the Plaintiff stating that he understood that she had a log, and that he wanted to set it ablaze and hoped it was in her hand when he did so. Plaintiff made a prompt report of what she believed was an inappropriate threat. 9. Following this incident, the anesthesiologists continued to leave the surgery center before the last patient was discharged. Several of the treating anesthesiologists would notify Plaintiff that they were leaving early, but that they would keep their beepers on. Another would simply leave without telling anyone. 10. In March, 2002, one of the anesthesiologists whose absences had been documented complained that the Plaintiff was inappropriately administering pain medication. Plaintiff was given a written warning on March 6, 2002, regarding alleged over medication of patients resulting in extending the length of stay in the P ACU. Plaintiff was instructed to more completely document the patient charts and was subject to random chart reviews thereafter. I I. In the summer of 2002, Defendant hired a new surgery center manager. The new manager was made aware of the problem of anesthesiologists leaving the surgery center prior to the last patient being discharged. She told Plaintiff she would notify the appropriate supervisory officials within the Defendant's organization. ]2. In 2003, Plaintiff again complained to the new supervisor of the early departures, The supervisor instructed Plaintiff and two other employees to document the date, time, and identity of the physician leaving and a factual summary of the circumstances. The supervisor told Plaintiff that she made copies of each statement, but sent the original to the Defendant's office of administration. Plaintiff was the closing registered nurse every other day and filed her reports as requested. 13. In December, 2003, Plaintiff received her annual performance evaluation for the period December 2002 to December 2003. The evaluation ranged from excellent to good, the only apparent criticism being that Plaintiff, "has sometimes been perceived by her co-workers as being overly "bossy"." It went on to note that Plaintiff was working to improve and had made progress. There was no complaint of Plaintiff's treatment of patients or maintenance of patient records. 14, On February 3, 2004, following her return from a two-week vacation and after 35 years of employment, Plaintiff was summarily discharged. In the summary discharge notice, the Defendant alleged that the Plaintiff had disregarded physician's verbal instruction not to administer a particular pain medication to a patient. Plaintiff denied any wrongdoing, and pointed out that the medication had been administered before the verbal order was given, and administering the mediation was consistent with written orders in the patient's chart, that had not been countermanded by any verbal order. 15. Plaintiff believes and therefore avers that the stated basis for her termination is a pretext; that Defendant's true, but unstated reason, was retaliation for her consistent reporting of early departures by the treating anesthesiologists, which reports were made pursuant to direct instructions by her supervisors, and which reports document clear violations of appropriate health and safety regulations which incorporate the public policy of this Commonwealth, namely, that trained specialists evaluate post surgical patients before they are discharged, and remain present at ambulatory surgical facilities ofthe type owned and operated by the Defendant until the last patient is discharged. 16. Pursuant to the Medical Care Availability and Reduction of Error Act, 40 Pa.C.S. ~ 1303.308, healthcare workers such as the Plaintiff have a statutory duty to report, "Serious events or incidents according to the patient safety plan of the medical facility." Plaintiff avers that she complied, or substantially complied with this reporting requirement, when she folIowed the instructions of two separate supervisors to document the early departures of the treating physicians. The same statute provides that the healthcare worker that reports the occurrence of a serious event or incident, "ShaII not be subject to any retaliatory action for reporting the serious event or incident and shall have the protections and remedies set for in the Act of December 12, 1986 (PL. 1559, No. 169), known as the WhistlebIower Law (40 P.S. gI303.3I 1)." 17. Defendant has willfully, knowingly, intentionally, and maliciously acted in violation ofthe policies and the laws ofthis Commonwealth, specifically the policies outlined in the previously cited sections of the Pennsylvania Code and the Medical Care Availability and Reduction of Error Act, and is liable to the Plaintiff for compensatory and punitive damage. 18. As a direct and proximate result of the Defendant's actions, Plaintiff sustained serious and continuing injury including, but not limited to, loss of income and benefits, as well as such injuries which may hereinafter be discovered. At the time of her wrongful termination, Plaintiff was eaming $52,45 I .39 per year; had family health insurance paid for by her employer, a medical spending account, cancer insurance, accident insurance, accumulated sick time of approximately 390 hours, and a 40I(k) plan whereby the employer matched 2% of her wages in stock. 19, Defendant's conduct was sufficiently extreme and outrageous to entitle Plaintiff to punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant, in an amount in access of $35,000.00, together with interest, costs and an award of punitive damages. Respectfully submitted, Dated: "It" \ 0 l1 8~~ Daniel Stern, Esquire 2650 North Third Street Harrisburg, P A 1711 0 (717) 234-4531 Supreme Court ID#25989 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: {, /16/tff 4 a~ PO"~Kitner --lQ. P (.::I Crl \f. ~ ~ VI ~ ~ () ~ ;3 ~ [; (: t. --.c..... ',: .....'.,....0~ ' .... -" V.J :.'-',:,. '..'- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No.Otl - 3eo'i' Civil Action - (XX) Law ( ) Equity JURY TRIAL DEMANDED c.~(.>~L <-y-~ PATRICK STRAKA 101 Tuckahoe Road Dillsburg, PA 17019 MONROE TOWNSHIP 1220 Boiling Springs Road Mechanicsburg, PA 17055 Plaintiff(s) & Address(es) RUSSELL STANDARD CORPORATION 2 Prestley Road Bridgeville, PA 15017 STERLlNGWOOD, INC., individually and tld/b/a HAMMAKER EAST, a Limited Partnership 2 Prestley Road Bridgeville, PA 15017 Defendant(s) & Address( es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons In the above-captioned action. L Writ of Summons Shall be issued and forwarded to ( )Attorney (XX)Sheriff W. Scott Hennlnq, Esquire 1300 Linqlestown Road HarrisburQ. PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. /). j) (~A/J-i..;.J K.~~ Prothonotary _ cJ Date: --.J~i:. ;).j? I ;).,D6'/ '-.Qv.!2, IL-. 4 _ P . Y??m.M~ ~ / '~~puty ( ) Check here if reverse is used for additional information 1 ROTHON. - 55 ):) p 1q ~ ':Q 0 11 -- ~ ll> ~ 0 fj'- III - J ..c: <AI ~ r 0- r- -1 ~'--...: , G , I'.: SHERIFF'S RETURN - REGULAR CASE NO: 2004-03008 P COMMONWEALTH OF PENNSYLV]~IA: COUNTY OF CUMBERLAND KITNER POLLY A VS CARLISLE REGIONAL MEDICAL CTR DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLISLE REGIONAL MEDICAL CENTER the DEFENDANT , at 1530:00 HOURS, on the 30th day of June , 2004 at 246 PARKER STREET CARLISLE, PA 17013 by handing to RICH SCHAFFNER, ASSOC EXEC DIR ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31.45 r~~.~ R. Thomas Kline 07/01/2004 DANIEL STERN Sworn and Subscribed to before me this .f 'e day of Q~ :ZOOt A.D. ...0 7rui'.Lu A~;;;: r thonotary I ~7 By: A~~ . D"~~{,.j~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA POLLY A. KITNER, Plaintiff, No, 04-3008 v. CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant PRAECIPE TO SETTLE. DISCONTINUE & END TO THE PROTHONOTARY: Please mark the above-captioned case as settled, discontinued and ended, with prejudice. Dated: OctoberlS, 2005 ByB~ ~ Daniel W. Stem, Esquire Attorney for Polly A. Kitner LI 58054Ivl/0415J5.000(1l . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA POLLY A KITNER, Plaintiff, No. 04-3008 v. CIVIL TERM CARLISLE REGIONAL MEDICAL CENTER, Defendant CERTIFICATE OF SERVICE I, DANIEL W. STERN, ESQUIRE, certify that on this date, I had served a true and correct copy of the foregoing Praecipe to Settle, Discontinue & End upon the following FI~t rLA'N !\,\A1G counsel ofrecord, b. ' y, addressed as follows: Joseph D. Shelby, Esquire 25 N. Queen St., Suite 602 Lancaster, PA 17603 't) ~ JMA-- Daniel W. Stem, Esquire ~~ Date: October ~, 2005 1 /I4/05iSLl 580541vl/04]535.00001 (") C --:"~ <'.".. "Vi';:: rrl\' ~-~~;!.' --<~ ., ~.j,-; Z.C-'[ -.l.. :P'C ~ "'-, ::;:: ....., <=> ~ ~ I :r2 -l:___ o -n "i'!::n rl1r;; :g\:;J i~~) t? ;:,;j"T. ~- -r"l ~.~~~ ::!\ -;,::- ~ 1') ., .s;- -