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HomeMy WebLinkAbout10-4615MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. JENNY OWENS, M.D. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: V : CIVIL ACTION - LAW : MEDICAL PROFESSIONAL LIABILITY ACTION : JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS AGAINST DEFENDANT. JENNY OWENS, M.D. TO THE PROTHONOTARY: Please issue a writ of summons upon the above named defendant, &ul° Lenaroson, at the following address: C- ?__? , i Jenny Owens, M.D. J MSC 401 Providence Road Suite 100,= Chapel Hill, NC 27514 CC/ Thank you. BY Leslie M. ields, Esquire I. D. # 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street / P. O. Box 222 Lemoyne, PA 17043 Phone: (717) 761-2121 Attorney for Plaintiff Date: July 13, 2010 &4F 1316- ,&94 d41,5111P MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. JENNY OWENS, M.D., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED WRIT OF SUMMONS TO THE ABOVE DEFENDANT, JENNY OWENS, M.D. YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Dated:_ 7/ /3// 1) ealtf the Court /s( L6i ?J.' '?I{.._&00" Prothonotary MOLLY J. RESSLER, Administrator and IN THE COURT OF COMMON PLEAS Executrix of the Estate of DAVID M. CUMBERLAND COUNTY, RESSLER, Decedent and Individually, PENNSYLVANIA Plaintiff, NO.10-4615 CIVIL TERM v. JENNY OWENS, M.D. Defendant MEDICAL MALPRACTICE TRIAL DEMANDED ENTRY QF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Marcelle M. Theis on behalf of Defendant, Jenny Owens, M.D. with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: July 22, 2010 By: arcelle M. Theis, Esquire PA I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 Counsel to Defendant Jenny Owens, M.D. tV C~ t. ~_ ~ ~~ ~ ~ ~ - y ... m-'_ .- ~.... ~ , i f"" N , `_ ;~ v 'i_ -t" _ _.~ .. -i _ ~ ... x CERTIFICATE OF SERVICE I, Marcelle M. Theis, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance has been served this 22 day of July, 2010, by U.S. Mail, postage prepaid, upon counsel of record. DIC , McCAMEY & CHII,COTE, P.C. By Marcelle M. Theis, Esquire Attorney for the Defendant, Jenny Owens, M.D. Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street, P.O. Box 222 Lemoyne, PA 17043 2 Rule/File Complaint/805750 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: Thomas M. Chairs, Esquire JENNY OWENS, M.D. ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 Fax MOLLY J. RESSLER, ADMINISTRATOR IN THE COURT OF COMMON PLEAS AND EXECUTRIX OF THE ESTATE OF OF CUMBERLAND COUNTY, DAVID M. RESSLER, DECEDENT AND PENNSYLVANIA INDIVIDUALLY, Plaintiff NO. 10-4615 V. JENNY OWENS, M.D., Defendants MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: 3 v runt ° -t Kindly issue a rule upon Plaintiff to file a Complaint in the above-captioned ccvitli Wr- c-a -n r-- I twenty (20) days after service of the Rule or suffer a judgment of non pros. :z w ::urn 5c? --rg Respectfully submitted, -- DICKIE, MCCAMEY & CHILCOTE, P.C. Date: December 3, 2010 By: -QA4wjk 0 Marcelle M. Theis, Esquire Supreme Court I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 412-281-7272 Attorney for Defendant, Jenny Owens, M.D CERTIFICATE OF SERVICE AND NOW, December 3, 2010, I, Marcelle M. Theis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT 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: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 (Counsel for Plaintiff) Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: Thomas M. Chairs, Esquire JENNY OWENS, M.D. ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4615 V. MEDICAL MALPRACTICE ACTION JENNY OWENS, M.D., Defendant JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT 2 rd. AND NOW, this 2 day of 2010, a Rule is hereby issued upon Plaintiffs to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. (NOTE: File in duplicate) S Prothonotary Deputy C)=1 Lice-L PM 2?,, ?, rf' ' PR0' QF Gf?,? g 2 If) ` LIZ C 2 / P C?a r rof MOLLY J. RESSLER, Administr: ', RLA r tit,IN THE COURT OF COMMON PLEAS and Executrix of the Estate of s " efTMBERLAND COUNTY , PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 10-4615 and Individually, CIVIL ACTION - LAW Plaintiff V. JENNY OWENS, M. D. Defendant MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 or 717-249-3166 MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. JENNY OWENS, M. D. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-4615 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW COMES the Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, Decedent, and Individually, by and through her attorney, Leslie M. Fields, Esquire, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: 1. Plaintiff, Molly J. Ressler, an adult individual residing at 1009 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013, is the Administrator and Executrix of the Estate of David M. Ressler, Decedent, her husband, having been granted Letters of Administration by the Register of Wills of Cumberland County, Pennsylvania on October 13, 2008. 2. Defendant, Jenny Owens, M.D., is a psychiatrist, and at all relevant times herein, was an employee, servant and/or actual or ostensible agent of Holy Spirit Health System, Inc. and Holy Spirit Behavioral Health Services. 3. At all relevant times, Plaintiff's decedent, David M. Ressler, was undergoing medical and psychiatric evaluation, treatment and care from Holy Spirit Behavioral Health Services, located within Holy Spirit Hospital of Holy Spirit Health System, Inc., by their employees, servants, and/or actual or ostensible agents, including Defendant, Jenny Owens, M.D. -2- 4. Plaintiff's decedent, David M. Ressler, had a history of mental illness, including major depression (recurrent, severe without psychotic features) which was known to Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Jenny Owens, M.D. 5. On August 2, 2008, Plaintiff's decedent, David M. Ressler, was taken to the emergency room of Holy Spirit Hospital of Holy Spirit Health System, Inc., because of a suicide attempt. 6. Plaintiff's decedent, David M. Ressler, was admitted to Holy Spirit Hospital on August 2, 2008 and transferred to the 8" floor of the hospital for medical and psychiatric observation as a result of his suicide attempt. 7. On August 4, 2008, Plaintiff's decedent, David M. Ressler, was transferred to Holy Spirit Behavioral Health Services and was thereafter under the treatment and care of their employees, servants, and/or actual or ostensible agents, including Defendant, Jenny Owens, M.D. 8. On August 7, 2008 Plaintiff's decedent, David M. Ressler signed a 72-hour notice informing Holy Spirit Behavioral Health Services of his desire to leave. A commitment application was thereafter completed based on an examination by defendant, Jenny Owens, M.D, in which she determined that Mr. Ressler was a danger to himself. She recommended that he "stay inpatient for safety and stabilization." Her opinion was that he was "severely mentally disabled and in need of treatment" and that he should be and/or remain admitted. 9. At or about 1 p.m. on August 7, 2008, Plaintiff's decedent, David M. Ressler, was explained his rights in regard to his pending involuntary commitment. 10. Approximately one-half hour later, at 1:30 p.m. on August 7, 2008, Plaintiff's decedent, David M. Ressler, was found in his room, having hung himself by his belt and shoe strings. CPR -3- and ACLS treatment by Holy Spirit Hospital personnel was unsuccessful and Mr. Ressler was pronounced dead at 2:05 p.m. on August 7, 2008. 11. Defendant Jenny Owens, M.D., owed Plaintiff's decedent, David M. Ressler, the duty of care to protect him from self-harm, including from suicide. 12. Defendant Jenny Owens owed Plaintiff's decedent, David M. Ressler, the duty of care to adequately assess his psychiatric and medical problems and needs, to plan for his care, and to attend to and consult other health care professionals who could respond to those problems and needs 13. Defendant, Jenny Owens, M.D., owed Plaintiff's decedent, David M. Ressler, the duty of care to secure personal items from him that are known and commonly-used instruments of suicide, such as his belt and shoe laces. 14. Defendant, Jenny Owens, M.D., owed Plaintiff's decedent, David M. Ressler, the duty of care to remove from his room decorative features and protuberances that could be used for hanging. 15. Defendant, Jenny Owens, M.D., owed Plaintiff's decedent, David M. Ressler, the duty of care to place him under adequate supervision and monitoring because he was a high risk for suicide. 16. On July 7, 2010, counsel for Holy Spirit Hospital informed this Honorable Court that Defendant, Dr. Owens agreed to, validated, and/or reinstated, along with another psychiatrist, Dr. Miller, the orders for and implementation of the observation policy (every 30 minutes) and privilege level (keeping belt and shoelaces) that were provided to decedent, David M. Ressler. 17. At the aforesaid time and place, the injuries and death of Plaintiff's decedent, David M. -4- Ressler, were caused by the grossly negligent breach of duty of care and the gross negligence of Defendant, Jenny Owens, M.D., in that she: a) failed to protect Plaintiff's decedent, David M. Ressler, from self-harm, including from suicide, by ignoring the fact that a highly suicidal person who had just been committed against his will was at extreme risk for a repeat attempt, especially when the means to commit suicide, i.e., the belt, the shoe laces and the decorative features/protuberances that could be used for hanging were immediately available; b) failed to protect Mr. Ressler from himself despite evidence that he was acutely suicidal and that his involuntary commitment would increase his suicidal behaviors; c) failed to stabilize his psychiatric and medical conditions; d) failed to safeguard the environment in which Mr. Ressler was being treated; e) failed to ensure that Mr. Ressler did not have access to personal items such as his belt and shoe laces, which are known instruments of suicide, because she and the staff knew that he was at serious risk of suicide, he had been admitted because of a failed attempt to commit suicide by overdose, and they were alarmed enough about his suicide potential that they apprised him of a pending involuntary commitment less than two (2) hours before he in fact committed suicide; f) failed to eliminate the decorative features and protuberances that could be used for hanging in the rooms in the psychiatric unit because she and the staff knew -5- that in inpatient settings, suicidal individuals most commonly complete suicides via hanging and yet Mr. Ressler was permitted the means to hang himself in an acutely provocative situation that increased his suicide risk pending involuntary commitment; g) failed to separate Mr. Ressler from the means to hang himself (i.e., belt and shoe laces) and failed to eliminate the decorative features and protuberances that could be used for hanging in the rooms of its psychiatric unit in order to prevent the most common form of inpatient suicide - hanging - which failures were not ordinary or routine carelessness or negligence but rather flagrant and gross deviations from the usual, standard and customary care of an inpatient psychiatric staff and a hospital with an inpatient psychiatric unit; h) failed to place Mr. Ressler under adequate supervision and monitoring (he was on Level III when he committed suicide) where he could be more closely monitored at a time of severe suicidal risk given that he had been admitted for suicidal behavior, had been suicidal on the psychiatric unit, and was judged an imminent danger to himself as attested to in writing by her and the staff in support of his involuntary commitment not two (2) hours before his suicide; I) failed to take the observations and recommendations of other physicians, nurses and clinical staff into account when two other physicians had placed Mr. Ressler under Level I safety observations; j) failed to document the basis for Mr. Ressler's safety observations; -6- k) failed to base a treatment and safety plan for Mr. Ressler on a comprehensive assessment of increased suicide risk which should have included the patient's ideation or expression of suicide wishes, a history of prior attempts, associated symptoms and diagnoses known to increase suicide risk, and the circumstances or stressors which increase risk; 1) wrongly maintained the decreased safety observation of Mr. Ressler from Level I (constant observation) to every half hour (Level 11 then III) , which decrease was grossly below the standards of care; m) failed to write a medical order to increase Mr. Ressler's safety observations in the face of unrelenting danger and the lack of any evidence that the patient had improved from his emergency admission except in his physical recovery from his overdose; n) failed to meet Hospital Policy No. BIA-219 on "Privilege Levels" which states in part: "Documentation: 1. Physician - Document daily the justification for privilege levels on the Physician's Progress note, as well as any changes made"; and o) failed to meet Hospital Policy No. BIA-219 which requires that the patient is minimally on Level 11 once initiation for involuntary commitment is applied for during the hospital stay. 18. As a direct and proximate result of the conduct of Defendant, Jenny Owens, M.D., as set forth above, Plaintiff's decedent, Mr. Ressler, suffered the injuries ultimately causing his death. 19. The gross negligence and gross breach of duty of care ofDefendant, Jenny Owens, M.D., -7- were substantial factors in causing the injuries and death of Plaintiff's decedent, Mr. Ressler. 20. The conduct of Defendant, Jenny Owens, M.D., as alleged above, in providing medical treatment and care for Plaintiff's decedent, Mr. Ressler, was outrageous and recklessly indifferent to the rights and interest of Plaintiff's decedent. WRONGFUL DEATH ACTION 21. The allegations set forth in paragraphs 1 through 20 of this Complaint are incorporated herein by reference as if fully set forth. 22. This civil action is brought pursuant to the Pennsylvania Wrongful Death Act at 42 Pa.C.S.A. § 8301 et seq. and Pa.R.C.P. § 2201 et seq. 23. As a direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., Plaintiff's decedent, David M. Ressler, died on August 7, 2008. 24. Plaintiff's decedent, David M. Ressler, did not bring any other action during his lifetime. An companion action to the instant case was filed against Robin Miller, M.D. and Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services docketed to NO.: 09-1910. 25. Plaintiff's decedent, David M. Ressler, is survived by the following statutory beneficiaries: Molly J. Ressler, his wife, who resides at 1009 Trindle Road, Carlisle, Cumberland County, PA 17013; Matthew D. Ressler, his son, who resides at 31 Hillcrest Drive, San Rafael, California 94901, and Megan Ressler-Bhacia, his daughter, who resides at 804 Bradley Court, Mt. Laurel, New Jersey 08054. 26. This civil action is brought to recover, on behalf of the aforesaid statutory beneficiaries, -8- all damages lawfully available under the Pennsylvania Wrongful Death Act. 27. Asa direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered pecuniary losses, and have incurred medical, nursing and hospital bills, funeral and burial expenses, and the costs of the administration of the estate. 28. As a further direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the loss of Mr. Ressler's probable earnings and maintenance that they would have received from him during the remainder of his natural life. 29. As a further direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the lost value of household services, society and comfort that Mr. Ressler would have given to his family had he lived. 30. As a further direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the loss of the contributions Mr. Ressler would have made to the family for the purchase of items such as shelter, food, clothing, medical care, education, entertainment, gifts and recreation had he lived. 31. As a further direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, Molly J. Ressler, the Wife-statutory beneficiary has suffered incidental expenses and the loss of consortium, society, services, -9- companionship, guidance, solace, support, protection and comfort that she would have received from her husband for the remainder of his natural life. 32. As a further direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, Matthew D. Ressler and Megan Ressler-Bhacia, the Children-statutory beneficiaries, have suffered the loss of their father's care, training, education, society, services, companionship, guidance, solace, support, protection, comfort, tutelage and moral upbringing that they would have received from him for the remainder of his natural life. SURVIVAL ACTION 33. The allegations set forth in paragraphs 1 through 32 of this Complaint are incorporated herein by reference as if fully set forth. 34. Plaintiff, Molly J. Ressler, in her capacity as the Executrix of the Estate of David M. Ressler, decedent, brings this civil action pursuant to the Pennsylvania Survival Act at 42 Pa.C.S.A. § 8302 et seq. 35. This civil action is brought to recover on behalf of the Estate of David M. Ressler, decedent, all damages lawfully available under the Pennsylvania Survival Act. 36. Asa direct and proximate result of the gross negligence and gross breach of duty of care of the defendant, Jenny Owens, M.D., Plaintiff's decedent, David M. Ressler, died on August 7, 2008. 37. As a further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., the Plaintiff's decedent, David M. Ressler, was caused -10- to suffer great physical and mental pain and suffering, emotional shock and distress, mental anguish, discomfort, inconvenience, fright, trauma, terror and the loss of life's pleasures prior to his death, including from and during the time of the act of hanging and the waiting for death until the death itself. 38. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the great physical and mental pain and suffering, emotional shock and distress, mental anguish, discomfort, inconvenience, fright, trauma, terror and the loss of life's pleasures suffered by Mr. Ressler prior to his death, including from and during the time of the act of hanging and the waiting for death until the death itself. 39. Asa further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., the Plaintiff's decedent, David M. Ressler, was caused to suffer the loss of his future earnings capacity less the estimated cost of his personal maintenance from the date of death through his estimated working life span. 40. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the loss of Mr. Ressler's future earnings capacity less the estimated cost of his personal maintenance from the date of death through his estimated working life span. 41. Asa further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., the Plaintiff's decedent, David M. Ressler, was caused to suffer the loss of his retirement income and Social Security income. 42. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the loss of his retirement income and Social Security income. -11- Conclusion WHEREFORE, Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, decedent, and Individually, based on the foregoing allegations, hereby demands judgment against Defendant, Jenny Owens, M.D., in an amount in excess of the compulsory arbitration limits, including punitive damages, together with interest, costs and expenses as provided by law. RESPECTFULLY SUBMITTED: eslie M. ields, Esquire Attorney I.D. No. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, Pennsylvania 17043-0222 Phone: (717) 761-2121 Fax: (717) 761-4031 Web: www.Costopoulos com Attorney for Plaintiff DATED: December Zo , 2010. 12/17/2010 10:49 FAX 7172450683 PRUDENTIAL HOMESALE laO01/001 VERMCATION 1, Plaintiff, Molly J. Ressler, Individually and as Administrator and Executrix of the Estate of David M. Ressler, Decedent, do hereby verify that the statements made in the foregoing document arc true and comet to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties at 18 Pa_S.C_ § 4904 relating to unworn falsification to authorities, BY: a/ pod. Molly J. Re divlidually and as Administrator and Executrix of the Estate of David M. Ressler, Decedent DATED: December _ / , 2010. -12- DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Marcelle M. Theis, Esquire ATTORNEY I.D. NO. 49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 412-281-7272 (Tel) MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. JENNY OWENS, M.D., Defendant ATTORNEY FOR DEFENDANT JENNY OWENS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4615 o - , MEDICAL MALPRACTICE ACTICifi Z , JURY TRIAL DEMANDED -Z ©-' To: Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, Decedent and Individually c/o Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 , q n C4 rv._ Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of this Notice if a Certificate of Merit is not filed as required by Pennsylvania Rule of Civil Procedure 1042.3. I am serving this Notice on behalf of Defendant, Jenny Owens, M.D. The judgment of non pros will be entered as to and any and all claims. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: Januaryg. 2011 By: ?Yjvb Marcd1le M. Theis, Esquire Supreme Court I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 412-281-7272 Attorney for Defendant, Jenny Owens, M. D. CERTIFICATE OF SERVICE AND NOW, January ;?J, 2011, I, Marcelle M. Theis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 (Counsel for Plaintiff) M eel a M. Theis Esquire MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. JENNY OWENS, M. D. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-4615 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED Certificate of Merit as to JENNY OWENS, M.D. Name of Defendant I, Leslie M Fields Esquire , certify that. Attorney or Party r l C7: rn -n x r ca m ?-- ---1e > C--:. Cl T-1, t_n [x ] 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 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 he undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: ??c? _ °1 2011 Le sl e M. Fields, Esquire CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this Y` day of February 2011, a true and correct copy of the foregoing Certificate of Merit was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Counsel for Defendant Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 COSTOPOULOS, FOSTER & FIELDS C 67 Leslie M Fields, Esquire 865076.doc DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANT BY: Marcelle M. Theis, Esquire JENNY OWENS, M.D. Supreme Court I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 MOLLY J. RESSLER, ADMINISTRATOR IN THE COURT OF COMMON!.ES .._? AND EXECUTRIX OF THE ESTATE OF OF CUMBERLAND COUNT' car _n a DAVID M. RESSLER, DECEDENT AND '` F PENNSYLVANIA INDIVIDUALLY., co Plaintiff NO. 10-4615 V. i MEDICAL MALPRACTICE A OW JENNY OWENS, M.D., Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Jenny Owens, M.D., by and through her counsel Dickie, McCamey & Chilcote, P.C., and preliminarily objects to Plaintiff's Complaint and support thereof avers as follows: 1. Plaintiff initiated the above medical professional liability action by Writ of Summons filed on July 13, 2010, hereinafter referred to as ("Ressler II") 2. The Plaintiff's Complaint was filed on December 21, 2010. Exhibit "A." 3. The Complaint alleges medical malpractice pursuant to the Mental Health Procedures Act, 50 P.S. §7101, et seq., and more specifically gross negligence in allegedly failing to protect Plaintiff's Decedent, David M. Ressler, from self-harm including suicide. 4. Plaintiff filed a Certificate of Merit on February 7, 2011. 5. Defendant timely files the instant preliminary objections to Plaintiff's Complaint. 6. The subject matter of Ressler II concerns the same events and/or transactions as those set forth in Ressler v. Holy Spirit Health System, Inc., et al., ("Ressler I") under Cumberland County Court of Common Pleas, Civil Action No. 09-1910. Exhibit "B." 7. Ressler I was initiated on or about March 25, 2009. The allegations set forth in Ressler II mirror those originally alleged in Ressler I. 8. In Ressler I the parties have exchanged discovery and depositions have been taken. 9. Defendant file Preliminary Objections to Plaintiff's Complaint in Ressler II under the Doctrine of Lis Pendens and under Pennsylvania Rule of Civil Procedure 1028(a)(6) governing the pendency of prior actions. 10. Defendant requests that this Honorable Court dismiss this action outright and/or consolidate Ressler II with Ressler I under a single action docketed at No. 09-1910. 11. In accord with Pennsylvania Rule of Civil Procedure 1028(a)(6), governing the pendency of prior actions, the Court should guard against any party having to defend multiple suits concerning the same subject matter. Penox Technologies v. Foster Medical Cora., 546 A2d 114 (Pa. Super. 1988). 12. Therefore, Defendant requests that this Honorable Court consolidate Plaintiff's two (2) causes of action into a single action docketed at 09-1910 in accordance with the defense of lis pendens. 13. Furthermore it is requested that the cost of transfer and consolidation is to be paid by the Plaintiff. WHEREFORE, Defendant respectfully request that this Honorable Court consolidate Ressler II with Ressler I for purposes of discovery and trial with the action docketed at 2 Cumberland County Civil Action No. 2009-1910. It is further requested that the costs of transfer and consolidation are to be paid by Plaintiff. Respectfully submitted, Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. a Date: February 25, 2011 By: / Marcelle M. Theis, Esquire Supreme Court I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 412-281-7272 Attorney for Defendant, Jenny Owens, M.D. 3 OF T KE PRO r!FFIO?' . ZGIO C U'T 21 pH l : 2 MOLLY J. RESSLER, Administr?RLANo Cf)ou THE COURT OF COMMON PLEAS and Executrix of the Estate of . CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 104615 and Individually, CIVIL ACTION - LAW Plaintiff V. MEDICAL PROFESSIONAL JENNY OWENS, M. D. LIABILITY ACTION Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 or 717-249-3166 MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON PLEAS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 104615 and Individually, CIVIL ACTION - LAW Plaintiff V. MEDICAL PROFESSIONAL JENNY OWENS, M. D. LIABILITY ACTION Defendant JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW COMES the Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, Decedent, and Individually, by and through her attorney, Leslie M. Fields, Esquire, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: 1. Plaintiff, Molly J. Ressler, an adult individual residing at 1009 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013, is the Administrator and Executrix of the Estate of David M. Ressler, Decedent, her husband, having been granted Letters of Administration by the Register of Wills of Cumberland County, Pennsylvania on October 13, 2008. 2. Defendant, Jenny Owens, M.D., is a psychiatrist, and at all relevant times herein, was an employee, servant and/or actual or ostensible agent of Holy Spirit Health System, Inc. and Holy Spirit Behavioral Health Services. 3. At all relevant times, Plaintiff's decedent, David M. Ressler, was undergoing medical and psychiatric evaluation, treatment and care from Holy Spirit Behavioral Health Services, located within Holy Spirit Hospital of Holy Spirit Health System, Inc., by their employees, servants, and/or actual or ostensible agents, including Defendant, Jenny Owens, M.D. -2- 4. Plaintiffs decedent, David M. Ressler, had a history of mental illness, including major depression (recurrent, severe without psychotic features) which was known to Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Jenny Owens, M.D. 5. On August 2, 2008, Plaintiff s decedent, David M. Ressler, was taken to the emergency room of Holy Spirit Hospital of Holy Spirit Health System, Inc., because of a suicide attempt. 6. Plaintiff s decedent, David M. Ressler, was admitted to Holy Spirit Hospital on August 2, 2008 and transferred to the 8' floor of the hospital for medical and psychiatric observation as a result of his suicide attempt. 7. On August 4, 2008, Plaintiff s decedent, David M. Ressler, was transferred to Holy Spirit Behavioral Health Services and was thereafter under the treatment and care of their employees, servants, and/or actual or ostensible agents, including Defendant, Jenny Owens, M.D. 8. On August 7, 2008 Plaintiffs decedent, David M. Ressler signed a 72-hour notice informing Holy Spirit Behavioral Health Services of his desire to leave. A commitment application was thereafter completed based on an examination by defendant, Jenny Owens, M.D, in which she determined that Mr. Ressler was a danger to himself. She recommended that he "stay inpatient for safety and stabilization." Her opinion was that he was "severely mentally disabled and in need of treatment" and that he should be and/or remain admitted. 9. At or about 1 p.m. on August 7, 2008, Plaintiffs decedent, David M. Ressler, was explained his rights in regard to his pending involuntary commitment. 10. Approximately one-half hour later, at 1:30 p.m. on August 7, 2008, Plaintiffs decedent, David M. Ressler, was found in his room, having hung himself by his belt and shoe strings. CPR -3- and ACLS treatment by Holy Spirit Hospital personnel was unsuccessful and Mr. Ressler was pronounced dead at 2:05 p.m. on August 7, 2008. 11. Defendant Jenny Owens, M.D., owed Plaintiff s decedent, David M. Ressler, the duty of care to protect him from self-harm, including from suicide. 12. Defendant Jenny Owens owed Plaintiff s decedent, David M. Ressler, the duty of care to adequately assess his psychiatric and medical problems and needs, to plan for his care, and to attend to and consult other health care professionals who could respond to those problems and needs 13. Defendant, Jenny Owens, M.D., owed Plaintiff's decedent, David M. Ressler, the duty of care to secure personal items from him that are known and commonly-used instruments of suicide, such as his belt and shoe laces. 14. Defendant, Jenny Owens, M.D., owed Plaintiff s decedent, David M. Ressler, the duty of care to remove from his room decorative features and protuberances that could be used for hanging. 15. Defendant, Jenny Owens, M.D., owed Plaintiff s decedent, David M. Ressler, the duty of care to place him under adequate supervision and monitoring because he was a high risk for suicide. 16. On July 7, 2010, counsel for Holy Spirit Hospital informed this Honorable Court that Defendant, Dr. Owens agreed to, validated, and/or reinstated, along with another psychiatrist, Dr. Miller, the orders for and implementation of the observation policy (every 30 minutes) and privilege level (keeping belt and shoelaces) that were provided to decedent, David M. Ressler. 17. At the aforesaid time and place, the injuries and death of Plaintiff's decedent, David M. -4- Ressler, were caused by the grossly negligent breach of duty of care and the gross negligence of Defendant, Jenny Owens, M.D., in that she: a) failed to protect Plaintiffs decedent, David M. Ressler, from self-harm, including from suicide, by ignoring the fact that a highly suicidal person who had just been committed against his will was at extreme risk for a repeat attempt, especially when the means to commit suicide, i.e., the belt, the shoe laces and the decorative features/protuberances that could be used for hanging were immediately available; b) failed to protect Mr. Ressler from himself despite evidence that he was acutely suicidal and that his involuntary commitment would increase his suicidal behaviors; c) failed to stabilize his psychiatric and medical conditions; d) failed to safeguard the environment in which Mr. Ressler was being treated; e) failed to ensure that Mr. Ressler did not have access to personal items such as his belt and shoe laces, which are known instruments of suicide, because she and the staff knew that he was at serious risk of suicide, he had been admitted because of a failed attempt to commit suicide by overdose, and they were alarmed enough about his suicide potential that they apprised him of a pending involuntary commitment less than two (2) hours before he in fact committed suicide; f) failed to eliminate the decorative features and protuberances that could be used for hanging in the rooms in the psychiatric unit because she and the staff knew -5- that in inpatient settings, suicidal individuals most commonly complete suicides via hanging and yet Mr. Ressler was permitted the means to hang himself in an acutely provocative situation that increased his suicide risk pending involuntary commitment; g) failed to separate Mr. Ressler from the means to hang himself (i.e., belt and shoe laces) and failed to eliminate the decorative features and protuberances that could be used for hanging in the rooms of its psychiatric unit in order to prevent the most common form of inpatient suicide - hanging - which failures were not ordinary or routine carelessness or negligence but rather flagrant and gross deviations from the usual, standard and customary care of an inpatient psychiatric staff and a hospital with an inpatient psychiatric unit; h) failed to place Mr. Ressler under adequate supervision and monitoring (he was on Level III when he committed suicide) where he could be more closely monitored at a time of severe suicidal risk given that he had been admitted for suicidal behavior, had been suicidal on the psychiatric unit, and was judged an imminent danger to himself as attested to in writing by her and the staff in support of his involuntary commitment not two (2) hours before his suicide; 1) failed to take the observations and recommendations of other physicians, nurses and clinical staff into account when two other physicians had placed Mr. Ressler under Level I safety observations; j) failed to document the basis for Mr. Ressler's safety observations; -6- k) failed to base a treatment and safety plan for Mr. Ressler on a comprehensive assessment of increased suicide risk which should have included the patient's ideation or expression of suicide wishes, a history of prior attempts, associated symptoms and diagnoses known to increase suicide risk, and the circumstances or stressors which increase risk; 1) wrongly maintained the decreased safety observation of Mr. Ressler from Level I (constant observation) to every half hour (Level II then III) , which decrease was grossly below the standards of care; m) failed to write a medical order to increase Mr. Ressler's safety observations in the face of unrelenting danger and the lack of any evidence that the patient had improved from his emergency admission except in his physical recovery from his overdose; n) failed to meet Hospital Policy No. BIA-219 on "Privilege Levels" which states in part: "Documentation: 1. Physician - Document daily the justification for privilege levels on the Physician's Progress note, as well as any changes made"; and o) failed to meet Hospital Policy No. BIA-219 which requires that the patient is minimally on Level II once initiation for involuntary commitment is applied for during the hospital stay. 18. As a direct and proximate result of the conduct of Defendant, Jenny Owens, M.D., as set forth above, Plaintiff s decedent, Mr. Ressler, suffered the injuries ultimately causing his death. 19. The gross negligence and gross breach of duty of care of Defendant, Jenny Owens, M.D., -7- were substantial factors in causing the injuries and death of Plaintiff s decedent, Mr. Ressler. 20. The conduct of Defendant, Jenny Owens, M.D., as alleged above, in providing medical treatment and care for Plaintiff's decedent, Mr. Ressler, was outrageous and recklessly indifferent to the rights and interest of Plaintiffs decedent. WRONGFUL DEATH ACTION 21. The allegations set forth in paragraphs 1 through 20 of this Complaint are incorporated herein by reference as if fully set forth. 22. This civil action is brought pursuant to the Pennsylvania Wrongful Death Act at 42 Pa.C.S.A. § 8301 et seq. and Pa.R.C.P. § 2201 et seq. 23. As a direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., Plaintiffs decedent, David M. Ressler, died on August 7, 2008. 24. Plaintiff's decedent, David M. Ressler, did not bring any other action during his lifetime. An companion action to the instant case was filed against Robin Miller, M.D. and Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services docketed to NO.: 09-1910. 25. Plaintiffs decedent, David M. Ressler, is survived by the following statutory beneficiaries: Molly J. Ressler, his wife, who resides at 1009 Trindle Road, Carlisle, Cumberland County, PA 17013; Matthew D. Ressler, his son, who resides at 31 Hillcrest Drive, San Rafael, California 94901, and Megan Ressler-Bhacia, his daughter, who resides at 804 Bradley Court, Mt. Laurel, New Jersey 08054. 26. This civil action is brought to recover, on behalf of the aforesaid statutory beneficiaries, -8- all damages lawfully available under the Pennsylvania Wrongful Death Act. 27. As a direct and proximate result of the death of Plaintiff s decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered pecuniary losses, and have incurred medical, nursing and hospital bills, funeral and burial expenses, and the costs of the administration of the estate. 28. As a further direct and proximate result of the death of Plaintiff s decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the loss of Mr. Ressler's probable earnings and maintenance that they would have received from him during the remainder of his natural life. 29. As a further direct and proximate result of the death of Plaintiff s decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the lost value of household services, society and comfort that Mr. Ressler would have given to his family had he lived. 30. As a further direct and proximate result of the death of Plaintiffs decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the loss of the contributions Mr. Ressler would have made to the family for the purchase of items such as shelter, food, clothing, medical care, education, entertainment, gifts and recreation had he lived. 31. As a further direct and proximate result of the death of Plaintiff s decedent, David M. Ressler, which was caused by the Defendants as averred above, Molly J. Ressler, the Wife-statutory beneficiary has suffered incidental expenses and the loss of consortium, society, services, -9- companionship, guidance, solace, support, protection and comfort that she would have received from her husband for the remainder of his natural life. 32. As a further direct and proximate result of the death of Plaintiff s decedent, David M. Ressler, which was caused by the Defendants as averred above, Matthew D. Ressler and Megan Ressler-Bhacia, the Children-statutory beneficiaries, have suffered the loss of their father's care, training, education, society, services, companionship, guidance, solace, support, protection, comfort, tutelage and moral upbringing that they would have received from him for the remainder of his natural life. SURVIVAL ACTION 33. The allegations set forth in paragraphs 1 through 32 of this Complaint are incorporated herein by reference as if fully set forth. 34. Plaintiff, Molly J. Ressler, in her capacity as the Executrix of the Estate of David M. Ressler, decedent, brings this civil action pursuant to the Pennsylvania Survival Act at 42 Pa.C.S.A. § 8302 et seq. 35. This civil action is brought to recover on behalf of the Estate of David M. Ressler, decedent, all damages lawfully available under the Pennsylvania Survival Act. 36. Asa direct and proximate result of the gross negligence and gross breach of duty of care of the defendant, Jenny Owens, M.D., Plaintiffs decedent, David M. Ressler, died on August 7, 2008. 37. As a further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., the Plaintiffs decedent, David M. Ressler, was caused -10- to suffer great physical and mental pain and suffering, emotional shock and distress, mental anguish, discomfort, inconvenience, fright, trauma, terror and the loss of life's pleasures prior to his death, including from and during the time of the act of hanging and the waiting for death until the death itself. 38. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the great physical and mental pain and suffering, emotional shock and distress, mental anguish, discomfort, inconvenience, fright, trauma, terror and the loss of life's pleasures suffered by Mr. Ressler prior to his death, including from and during the time of the act of hanging and the waiting for death until the death itself. 39. Asa further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., the Plaintiff s decedent, David M. Ressler, was caused to suffer the loss of his future earnings capacity less the estimated cost of his personal maintenance from the date of death through his estimated working life span. 40. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the loss of Mr. Ressler's future earnings capacity less the estimated cost of his personal maintenance from the date of death through his estimated working life span. 41. Asa further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendant Jenny Owens, M.D., the Plaintiff s decedent, David M. Ressler, was caused to suffer the loss of his retirement income and Social Security income. 42. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the loss of his retirement income and Social Security income. -11- Conclusion WHEREFORE, Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, decedent, and Individually, based on the foregoing allegations, hereby demands judgment against Defendant, Jenny Owens, M.D., in an amount in excess of the compulsory arbitration limits, including punitive damages, together with interest, costs and expenses as provided by law. RESPECTFULLY SUBMITTED: •K lie M. ields, Esquire Attorney I.D. No. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, Pennsylvania 17043-0222 Phone: (717) 761-2121 Fax: (717) 761-4031 Web: www.Costol2oulos.com Attorney for Plaintiff DATED: December Lo , 2010. 12/17/2010 10:49 FAX 7172450683 PRUDENTIAL HDNESALE la 001/001 VEMCATION 1, Plaintiff, Molly J. Raaalar, Individually and as Administrator and Exemtrix of the Estate of David M. Ramler, Decadent, do hamby vaify that the s<tu meau made in the foregoing document at um and cottM to the beat of my know1edM information and belief. i umdeastand that Wu stltumuts herein are made subject to the penalties at 18 P&S.C. § 4904 relating to umwomm 6 sifintim to a akwitko. By. 7011y J. ' ideally aid as Adrminiabrator eod Sxeaubrix of the Estato of David M. Reamer, Decedent DATED: Dmober 2010. -12- DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Marcelle M. Theis, Esquire ATTORNEY I.D. NO. 49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 412-281-7272 (Tel) MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. JENNY OWENS, M.D., Defendant ATTORNEY FOR DEFENDANT JENNY OWENS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cl) NO. 10-4615 C -n MEDICAL MALPRACTICE ACTIOT? i -gt - r r-ar - o TRIAL DEMANDED z 0 2 z -1 A Z ? p c7 M GMENTOFNQNZA ON --c' C., . D UANr TO. PAJLCJL 71042.6 --c To: Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, Decedent and Individually c/o Leslie M. Fields, Esquire Costopoulos, Foster & Fields 831 Market Street Lemoyne, PA 17043-0222 Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after thirty (30) days of the date of this Notice if a Certificate of Merit is not filed as required by Pennsylvania Rule of Civil Procedure 1042.3. I am serving this Notice on behalf of Defendant, Jenny Owens, M.D. The judgment of non pros will be entered as to and any and all claims. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: January ,J. 2011 By: Marcille M. Theis, Esquire Supreme Court I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 412-281-7272 Attorney for Defendant, Jenny Owens, M. D. CERTIFICATE OF SERVICE AND NOW, January Z, 2011, I, Marcelle M. Theis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 (Counsel for Plaintiff) ??A"000?wf M el a M. Theis Esquire MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON PLEAS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 104615 and Individually, CIVIL ACTION - LAW Plaintiff . V MEDICAL PROFESSIONAL . JENNY OWENS, M. D. LIABILITY ACTION Defendant JURY TRIAL DEMANDED --oZ =rn max' rn W rn- -o r m Certificate of Merit as to JENNY OWENS. M.D. C)--n Name of Defendant a ? ca o rw I, Leslie M Fields Esquire , certify that: -< j r Attorney or Party [x ] 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 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 he undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ J expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: Kt? _ y 2011 Les a M. Fields, Esquire CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this day of February 2011, a true and correct copy of the foregoing Certificate of Merit was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Counsel for Defendant Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 COSTOPOULOS, FOSTER & FIELDS Leslie M Fields, Esquire ? MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON PLEAS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 10-4615 and Individually, CIVIL ACTION - LAW Plaintiff . V MEDICAL PROFESSIONAL . JENNY OWENS, M. D. LIABILITY ACTION Defendant JURY TRIAL DEMANDED m =- x ZOO r rn ca r -v rn (n D ? Uo Certificate of Merit as to JENNY OWENS. M.D. >C-. o--''n Name of Defendant a? w o I, Leslie M Fields Esquire , certify that: -? cn '-J ; Attorney or Party [x ] 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 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 he undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [ ] expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: K-?ti Les a M. Fields, Esquire CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this day of February 2011, a true and correct copy of the foregoing Certificate of Merit was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Counsel for Defendant Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 COSTOPOULOS, FOSTER & FIELDS Leslie M Fields, Esquire APR/G6/2009/MON 09:45 HSH RISK MANAGEMENT MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES and ROBIN MILLER, M.D., Defendants PAX No, 717 763 3075 P.003 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend againstthe 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 appegrance 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, 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 FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 TRUE COPY FRO,4A r'CORD 1-800-990-9108 h3 r?5tmony whereof, I here unto set my hand "d I?s seal of said Court at Carlisle, pa, ibis ..... -L.... day of..!lZu Prothonotam APR/06/2009/MON 09:45 HSH RISK MANAGEMENT FAX No,717 763 3075 P,004 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante on las siguientes pfiginas, debe tomar acci6 n dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra sup. Se le advierte de que si usted falla de tomar acc16 n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier otra reclamacl6n o remedlo solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propledad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYAA LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMAGION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 APR/06/2009/MON 09:45 HSH RISK MANAGEMENT FAX No,717 763 3075 P,005 r I . e IN L n? MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON PLEAS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, and Individually, Plaintiff NO.: V. CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT MEDICAL PROFESSIONAL BEHAVIORAL HEALTH SERVICES LIABILITY ACTION and ROBIN MILLER, M.D., Defendants JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT AND NOW COMES the Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, Decedent, and Individually, by and through her attorney, Leslie M. Fields, Esquire, Costopoulos, Foster & Fields, and respectfully represents as follows in support of this Complaint: The Parties 1. Plaintiff, Molly J. Ressler, an adult individual residing at 1009 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013, is the Administrator and Executrix of the Estate of David M. Ressler, Decedent, her husband, having been granted Letters of Administration by the Register of Wills of Cumberland County, Pennsylvania on October 13, 2008. 2. Defendant, Holy Spirit Health System, Inc., a,corporation organized and operating under the laws of the Commonwealth of Pennsylvania, provides health -1- APR/06/2009/MON 09:45 HSH RISK MANAGEMENT FAX No.717 763 3075 P,006 t care services and has its primary corporate office located at 503 North 2131 Street, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant owns and operates the Holy Spirit Hospital located at the same address. 3. Defendant, Holy Spirit Behavioral Health Services, is an inpatient psychiatric unit located within Holy Spirit Hospital and owned and operated by Defendant, Holy Spirit Health System, Inc., with its primary place of business located at 503 North 21 s" Street, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Defendant, Robin Miller, M.D., is a psychiatrist at Holy Spirit Hospital and Holy_Spirit Behavioral Health Services, and at all relevant times herein, was an employee, servant and/or actual or ostensible agent of Defendants, Holy Spirit Health System, Inc. and Holy Spirit Behavioral Health Services. Background Averments 5. At all relevant times, Plaintiffs decedent, David M. Ressler, was undergoing medical and psychiatric treatment and care at the Defendant, Holy Spirit Behavioral Health Services, located within Holy Spirit Hospital of Defendant, Holy Spirit Health System, Inc., by employees, agents and/or actual or ostensible servants of Defendants, including Defendant, Robin Miller, M.D. 6. Plaintiffs decedent, David M. Ressler, had a history of mental illness, including major depression (recurrent, severe without psychotic features), polysubstance abuse and partner relational problems, all of which were known to -2- APR/06/2009/MON 09:45 HSH RISK MANAGEMENT FAX No.717 763 3075 P,007 k o X7 1 A Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D. 7. On August 2, 2008, Plaintiff's decedent, David M. Ressler, was presented to the emergency room of Holy Spirit Hospital of Defendant, Holy Spirit Health System, Inc., for an attempted suicide following an overdose of Wellbutrin tablets. 8. Plaintiff's decedent, David M. Ressler, was admitted to Holy Spirit Hospital on August 2, 2008 and transferred to the 81 floor of the hospital for medical and psychiatric observation as a result of his Wellbutrin overdose. 9. On.August4,.2008, Pla,intiffs.decedent,.David M.. Ressler, was committed to Defendant, Holy Spirit Behavioral Health Services, under the order of a Section 302 commitment and was under the treatment and care of Defendant, Robin Miller, M.D. 10. Plaintiffs decedent, David M. Ressler, continued with psychiatric and medical treatment and care at Defendant, Holy Spirit Behavioral Health Services, at Holy Spirit Hospital under the psychiatric and medical treatment and care of Defendant, Robin Miller, M.D., until August 7, 2008 when he signed a 72-hour notice, informing them of his desire to leave. 11. As a result, an additional Section 302 commitment was filed and a Section 303 commitment hearing for involuntary hospitalization occurred in the morning of August 7, 2008 at approximately 11 a.m. -3- APR/06/2009/MON 09:45 e 01 HSH RISK MANAGEMENT e FAX No,717 763 3075 P. 008 12. At 1 p.m. on August 7, 2008 it was reported that Plaintiffs decedent, David M. Ressler, was explained his rights in regard to his pending involuntary commitment hearing. 13. One-half hour later, at 1:30 p.m. on August 7, 2008, Plaintiff's decedent, David M. Ressler, was found in his room hanging by his belt and shoe strings from the window casement. CPR and ACLS treatment were started by Holy Spirit Hospital personnel but it was not successful. Mr. Ressler was pronounced dead at 2:05 p.m. on August 7, 2008. 14.... Twenty-one (21) hours after Mr. Ressler had been .pronounced dead, a member of the Holy Spirit Hospital's utilization staff called "Jill" at Highmark to inform her that he had been "assigned to Fran Chamey." Duty of Care of Defendants Holy Spirit Health System Ins Holy Spirit Behavioral Health Services and Robin Miller. M.D. 15. Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., owed Plaintiffs decedent, David M. Ressler, the duty of care to protect him from self-harm, including from suicide. 16. Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., owed Plaintiffs decedent, David M. Ressler, the duty of care to treat him with respectful individualized treatment, to assess his psychiatric and medical problems and needs, to plan for his care, to attend to and -4- APR/06/2009/MON 09:46 a 91 HSH RISK MANAGEMENT o ,e FAX No. 717 763 3075 P.009 consult other health care professionals who could respond to those problems and needs, and to organize a responsible plan for treatment following discharge that would help stabilize his condition and safeguard his future psychiatric and medical welfare. 17. Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., owed Plaintiff's decedent, David M. Ressler, the duty of care to secure personal items from him that are known and commonly-used instruments of suicide, such as his belt and shoe laces. 18..Defendants, Holy Spirit.Health System,.lnc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., owed Plaintiffs decedent, David M. Ressler, the duty of care to have in place window frames with "breakaway hardware" in his room to prevent him from successfully hanging himself. 19. Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., owed Plaintiffs decedent, David M. Ressler, the duty of care to place him under Level I or Level II supervision and monitoring because he was an extremely high risk for suicide. Count 1 - Plaintiff v Defendant Holy Spirit Health System, Inc..: Gross Negligence 20. The allegations set forth in paragraphs 1 through 19 above are incorporated herein as if set forth in full. -5- ., APR/06/2009/MON 09;46 e e• HSH RISK MANAGEMENT . . p e FAX No,717 763 3075 N 21, At the aforesaid time and place, the injuries and death of Plaintiff's decedent, David M. Ressler, were caused by the grossly negligent breach of duty of care and the gross negligence of Defendant, Holy Spirit Health System, Inc., by and through its employees, servants and/or agents, in that it: a) failed to protect Plaintiffs decedent, David M. Ressler, from self-harm, including from suicide, by failing to understand that a highly suicidal person who had just been committed against his will was at extreme risk for a repeat attempt, especially when the means to commit suicide, 1.e.,_ the belt,, the shoe laces and the non-breakaway window frame, were immediately available; b) failed to protect Mr. Resslerfrom himself despite overwhelming evidence that he was acutely suicidal and that his involuntary commitment would increase his suicidal behaviors; c) failed to stabilize his psychiatric and medical conditions; d) failed to safeguard the environment in which Mr. Ressler was being treated; e) failed to responsibly supervise his medication regimen; f) failed to adequately monitor and appreciate the side-effects associated with his medical conditions; g) failed to ensure that Mr. Ressler did not have access to P. 010 -6- APR/06/2009/MON 09:46 HSH RISK MANAGEMENT FAX No,717 763 3075 P.011 f personal items such as his belt and shoe laces, which are known instruments of suicide, because the hospital psychiatrist and staff knew that he was at serious risk of suicide, he had been admitted because of a failed attempt to commit suicide by overdose, and they were alarmed enough about his suicide potential that they apprised him of a pending involuntary commitment less than two (2) hours before he in fact committed suicide; h) failed to have "breakaway" hardware on the window frames of the rooms in its psychiatric unit that would "give way" under an individual's weight to prevent or minimize any injuryto one trying to hang oneself, such as Mr. Ressler, because the Defendants and their staff knew that in inpatient settings, suicidal individuals most commonly complete suicides via hanging and yet Mr. Ressler was permitted the means to hang himself in an acutely provocative situation that increased his suicide risk pending involuntary commitment; 1) failed to separate Mr. Ressler from the means to hang himself (i.e., belt and shoe laces) and failed to have "breakaway" devices on the window frames in the rooms of its psychiatric unit in order to prevent the most common form of inpatient suicide - hanging - which failures were not ordinary or routine carelessness or negligence but rather flagrant -7- APR/06/2009/MON 09:46 HSH RISK MANAGEMENT FAX No,717 763 3075 P,012 l ` and gross deviations from the usual, standard and customary care of an inpatient psychiatric staff and a hospital with an inpatient psychiatric unit; and j) failed to place Mr. Ressler under Level I or Level II supervision and monitoring (he was on Level I I I when he committed suicide) where he could be more closely monitored at a time of severe suicidal risk given that he had been admitted for suicidal behavior, had been suicidal on the psychiatric unit, and was judged an imminent danger to himself as testified to in writing, by the staff at his involuntary commitment hearing not two (2) hours before his suicide. 22. As a direct and proximate result of the conduct of Defendant, Holy Spirit Health System, Inc., as set forth above, Plaintiffs decedent, Mr. Ressler, suffered the injuries ultimately causing his death. 23. The gross negligence and gross breach of duty of care of Defendant, Holy Spirit Health System, Inc., were substantial factors in causing the injuries and death of Plaintiffs decedent, Mr. Ressler. Count 2 - Plaintiff v Defendant Holy Spirit Behavioral Health Services: Gross Negligence 24. The allegations set forth in paragraphs 1 through 23 above are incorporated herein as if set forth in full. -8- APR/06/2009/MON 09:46 P n `? FAX No,717 763 3075 0 0 25. At the aforesaid time and place, the injuries and death of Plaintiffs decedent, David M. Ressler, were caused by the grossly negligent breach of duty of care and the gross negligence of Defendant, Holy Spirit Behavioral Health Services, by and through its employees, servants and/or agents, in that it: a) failed to protect Plaintiffs decedent, David M. Ressler, from self-harm, including from suicide, by failing to understand that a highly suicidal person who had just been committed against his will was at extreme risk for a repeat attempt, especially when the means to commit suicide, Le., .the belt, the shoe laces and the non-breakaway window frame, were immediately available; b) failed to protect Mr. Ressler from himself despite overwhelming evidence that he was acutely suicidal and that his involuntary commitment would increase his suicidal behaviors; HSH RISK MANAGEMENT c) failed to stabilize his psychiatric and medical conditions; d) failed to safeguard the environment in which Mr. Ressler was being treated; e) failed to responsibly supervise his medication regimen; f) failed to adequately monitor and appreciate the side-effects associated with his medical conditions; g) failed to ensure that Mr. Ressler did not have access to F. U1J -9- I APR/06/2009/MON 09:46 % I HSH RISK MANAGEMENT FAX No,717 763 3075 s , P, 014 personal items such as his belt and shoe laces, which are known instruments of suicide because the hospital psychiatrist and staff knew that he was at serious risk of suicide, he had been admitted because of a failed attempt to commit suicide by overdose, and they were alarmed enough about his suicide potential that they apprised him of a pending involuntary commitment less than two (2) hours before he in fact committed suicide; h) failed to have "breakaway" hardware on the window frames of the rooms in.. ts_ . psychiatric unit, .that would "give way" under an individual's weight to prevent or minimize any injury to one trying to hang oneself, such as Mr. Ressler, because the Defendants and their staff knew that in inpatient settings, suicidal individuals most commonly complete suicides via hanging and yet Mr. Ressler was permitted the means to hang himself in an acutely provocative situation that increased his suicide risk pending involuntary commitment; 1) failed to separate Mr. Ressler from the means to hang himself belt and shoe laces) and failed to have "breakaway" devices on the window frames in the rooms of its psychiatric unit in order to prevent the most common form of inpatient suicide - hanging - which failures were not ordinary or routine carelessness or negligence but rather flagrant -10- APR/06/2009/MON 09:46 HSH RISK MANAGEMENT FAX No.717 763 3075 P.015 v . and gross deviations from the usual, standard and customary care of an inpatient psychiatric staff and a hospital with an inpatient psychiatric unit; and j) failed to place Mr. Ressler under Level I or Level II supervision and monitoring (he was on Level III when he committed suicide) where he could be more closely monitored at a time of severe suicidal risk given that he had been admitted for suicidal behavior, had been suicidal on the psychiatric unit, and was judged an imminent danger to himself .., as..testifi.ed. to, in.. writi.n.g by.the. staff, at his. inyoluntary, commitme.nt hearing not two (2) hours before his suicide. 26. As a direct and proximate result of the conduct of Defendant, Holy Spirit Behavioral Health Services, as set forth above, Plaintiffs decedent, Mr. Ressler, suffered the injuries ultimately causing his death. 27. The gross negligence and gross breach of duty of care of Defendant, Holy Spirit Behavioral Health Services, were substantial factors in causing the injuries and death of Plaintiffs decedent, Mr. Ressler. Count 3 - Plaintiff y Defendant Robin Miller. M.D.; Gross Neallgence 28. The allegations set forth in paragraphs 1 through 27 above are incorporated herein as if set forth in full. -11- AP,R/06/2p09/MON 09:46 HSH RISK MANAGEMENT . , _ .I . .1 FAX No,717 763 3075 29. At the aforesaid time and place, the injuries and death of Plaintiffs decedent, David M. Ressler, were caused by the grossly negligent breach of duty of care and the gross negligence of Defendant, Robin Miller, M.D., in that she: a) failed to protect Plaintiffs decedent, David M. Ressler, from self-harm, including from suicide, by failing to understand that a highly suicidal person who had just been committed against his will was at extreme risk for a repeat attempt, especially when the means to commit suicide, i.e., the belt, the shoe laces and the non-breakaway window frame.,. were, immediately, ayailable; b) failed to protect Mr. Ressler from himself despite overwhelming evidence that he was acutely suicidal and that his involuntary commitment would increase his suicidal behaviors; c) failed to stabilize his psychiatric and medical conditions; d) failed to safeguard the environment in which Mr. Ressler was being treated; e) failed to responsibly supervise his medication regimen; f) failed to adequately monitor and appreciate the side-effects associated with his medical conditions; g) failed to ensure that Mr. Ressler did not have access to personal items such as his belt and shoe laces, which are known P. 016 -12- APR/06/2009/MON 09:47 HSH RISK MANAGEMENT FAX No.717 763 3075 P.017 ? e instruments of suicide, because she and the staff knew that he was at serious risk of suicide, he had been admitted because of a failed attempt to commit suicide by overdose, and theywere alarmed enough about his suicide potential that they apprised him of a pending involuntary commitment less than two (2) hours before he in fact committed suicide; h) failed to have "breakaway" hardware on the window frames of the rooms in its psychiatric unit that would "give way" under an individual's weight to prevent or minimize any injury to one trying to hang oneself, such as Mr. Ressler, because she and the staff knew that in inpatient settings, suicidal individuals most commonly complete suicides via hanging and yet Mr. Ressler was permitted the means to hang himself in an acutely provocative situation that increased his suicide risk pending involuntary commitment; 1) failed to separate Mr. Ressler from the means to hang himself (i.e., belt and shoe laces) and failed to have "breakaway" devices on the window frames in the rooms of its psychiatric unit in order to prevent the most common form of inpatient suicide - hanging - which failures were not ordinary or routine carelessness or negligence but rather flagrant and gross deviations from the usual, standard and customary care of an inpatient psychiatric staff and a hospital with an inpatient psychiatric unit; -13- APR/06/2009/MON 09:47 HSH RISK MANAGEMENT FAX No,717 763 3075 P.018 j) failed to place Mr. Ressler under Level I or Level II supervision and monitoring (he was on Level III when he committed suicide) where he could be more closely monitored at a time of severe suicidal risk given that he had been admitted for suicidal behavior, had been suicidal on the psychiatric unit, and was judged an imminent danger to himself as testified to in writing by her and the staff at his involuntary commitment hearing not two (2) hours before his suicide; k) on August 5, 2008 discontinued Mr. Ressler's cardiac diet despite the lack, of change.. in his cardiac status and despite a blood sugar that was significantly elevated; 1) on August 5, 2008 continued Mr. Ressler's Zyprexa 5 mg at night despite lack of documentation that supported a need for an atypical antipsychotic with significant metabolic side-effects in someone who was already metabolically comprised by obesity, hyperlipidemia (taking Pravacol) and unstable blood sugars and who was already taking medication to decrease his blood pressure; and m) on August 5, 2008 added Trazodone 100 mg at night at a time when Mr. Ressler was already sleeping and had been "obtunded" less than 48 hours earlier and had been documented by the staff to have slept through the night of August 4, 2008 to the morning of August 5, -14- APR/06/2009/MON 09:47 2008. HSH RISK MANAGEMENT FAX No.717 763 3075 P. 019 30. As a direct and proximate result of the conduct of Defendant, Robin Miller, M.D., as set forth above, Plaintiffs decedent, Mr. Ressler, suffered the injuries ultimately causing his death. 31. The gross negligence and gross breach of duty of care of Defendant, Robin Miller, M.D., were substantial factors in causing the injuries and death of Plaintiffs decedent, Mr. Ressler. Count 4 Plaintiff v Defendant Holy Spirit Health System Inc.: Vicarious Liability 32. The allegations set forth in paragraphs 1 through 31 above are incorporated herein as if set forth in full. 33. At all relevant times herein, the actual or ostensible agents, servants and/or employees of Defendant, Holy Spirit Health System, Inc., including but not limited to Defendant, Robin Miller, M.D., were acting within the scope of their employment or agency with Defendant, Holy Spirit Health System, Inc., in rendering grossly negligent medical and psychiatric care and treatment to Plaintiffs decedent, Mr. Ressler, and in grossly breaching the duty of care, as averred in detail above. 34. Defendant, Holy Spirit Health System, Inc., is vicariously liable for the gross negligence and gross breach of duty of care of its actual or ostensible agents, servants and/or employees, including but not limited to Defendant, Robin Miller, M.D., 15- I APR/06/2009/MON 09:47 P ? . . ,.. 4. . FAX No.717 763 3075 who rendered grossly negligent medical and psychiatric care and treatment to Plaintifrs decedent, Mr. Ressler, and who grossly breached the duty of care, as averred in detail above. 35. The gross negligence of the actual or ostensible agents, servants and/or employees of Defendant, Holy Spirit Health System, Inc., including but not limited to Defendant, Robin Miller, M.D., and their gross breach of the duty of care, which is imputed to Defendant, Holy Spirit Health System, Inc., were substantial factors in causing the injuries and death to Plaintifrs decedent, Mr. Ressler, as averred more ... .. fully.herein.... ....._ ... ... .. , . .. 36. As a direct and proximate result of the aforesaid gross negligence and gross breach of duty of care which are imputed to Defendant, Holy Spirit Health System, Inc., the Plaintiffs decedent, Mr. Ressler, sustained the injuries and death as alleged more fully herein. Count 5 Plaintiff v Defendant Holy SIjidt Behavioral Health Services: Vicarious Liabillty 37. The allegations set forth in paragraphs 1 through 36 above are incorporated herein as if set forth in full. 38. At all relevant times herein, the actual or ostensible agents, servants and/or employees of Defendant, Holy Spirit Behavioral Health Services, including but not limited to Defendant, Robin Miller, M.D., were acting within the scope of their HSH RISK MANAGEMENT P. 020 -16- APR/O? /20,09/MON 09:47 . . .. 6 A. d HSH RISK MANAGEMENT FAX No,717 763 3075 F. U'21 employment or agency with Defendant, Holy Spirit Behavioral Health Services, in rendering grossly negligent medical and psychiatric care and treatment to Plaintiffs decedent, Mr. Ressler, and in grossly breaching the duty of care, as averred in detail above. 39. Defendant, Holy Spirit Behavioral Health Services, is vicariously liable for the gross negligence and gross breach of duty of care of its actual or ostensible agents, servants and/or employees, including but not limited to Defendant, Robin Miller, M.D., who rendered grossly negligent medical and psychiatric care and treatment to PlaintifPs,decedent,, Mr...Ressler, and who.grossly breached the.duty of care, as averred in detail above. 40. The gross negligence of the actual or ostensible agents, servants and/or employees of Defendant, Holy Spirit Behavioral Health Services, including but not limited to Defendant, Robin Miller, M.D., and their gross breach of the duty of care, which is imputed to Defendant, Holy Spirit Behavioral Health Services, were substantial factors in causing the injuries and death to Plaintiffs decedent, Mr. Ressler, as averred more fully herein. 41. As a direct and proximate result of the aforesaid gross negligence and gross breach of duty of care which are imputed to Defendant, Holy Spirit Behavioral Health Services, the Plaintiffs decedent, Mr. Ressler, sustained the injuries and death as alleged more fully herein. -17- APR/06/2009/MON 09:47 It, ? I a a? HSH RISK MANAGEMENT FAX No.717 763 3075 WRONGFUL DFATH ACTION P. 022 42. The allegations set forth in paragraphs 1 through 41 of this Complaint are incorporated herein by reference as if fully set forth herein. 43, This civil action is brought pursuant to the Pennsylvania Wrongful Death Act at 42 Pa.C.S.A. § 8301 et seq. and Pa.R.C.P. § 2201 et seq. 44. As a direct and proximate result of the gross negligence and gross breach of duty of care of the Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., Plaintiffs decedent, David M. Ressler, died on.August 7, 2008. 45. Plaintiffs decedent, David M. Ressler, did not bring any other action during his lifetime and no other action for the death of said decedent has been commenced against the Defendants or any other parties. 46. Plaintiffs decedent, David M. Ressler, is survived by the following statutory beneficiaries: Molly J. Ressler, his wife, who resides at 1009 Trindle Road, Carlisle, Cumberland County, PA 17013; Matthew D, Ressler, his son, who resides at 31 Hillcrest Drive, San Rafael, California 94901, and Megan Ressler- Bhacia, his daughter, who resides at 804 Bradley Court, Mt. Laurel, New Jersey 08054. 47. This civil action is brought to recover, on behalf of the aforesaid statutory beneficiaries, all damages lawfully available under the Pennsylvania Wrongful Death Act. -18- APR/Q6/2009/MON 09:47 .l , + HSH RISK MANAGEMENT FAX No.717 763 3075 P. 023 o 48. As a direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered pecuniary losses, and have Incurred medical, nursing and hospital bills, funeral and burial expenses, and the costs of the administration of the estate. 49. As a further direct and proximate result of the death of Plaintiffs decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the loss of Mr. Ressler's probable earnings and maintenance that they would have received from him during the remainder of his natural life. 50. As a further direct and proximate result of the death of Plaintiffs decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the lost value of household services, society and comfort that Mr. Ressler would have given to his family had he lived- 5'l. As a further direct and proximate result of the death of Plaintiffs decedent, David M. Ressler, which was caused by the Defendants as averred above, the aforesaid statutory beneficiaries have suffered the loss of the contributions Mr. Ressler would have made to the family for the purchase of items such as shelter, food, clothing, medical care, education, entertainment, gifts and -19- I APR/06/2009/MON 09:47 HSH RISK MANAGEMENT i recreation had he lived. FAX No. 717 763 3077 . .. .. C .. r.,.. .,. .... . . - . . F. U'L4 52. As a further direct and proximate result of the death of Plaintiff's decedent, David M. Ressler, which was caused by the Defendants as averred above, Molly J. Ressler, the Wife-statutory beneficiary, has suffered the loss of consortium, society, services, companionship, guidance, solace, support, protection and comfort that she would have received from her husband for the remainder of his natural life. 53. As a further direct and proximate result of the death of Plaintiffs decedent, David M. Ressler, which-was. caused by the Defendants as averred above, Matthew D. Ressler and Megan Ressler-Bhacia, the Children-statutory beneficiaries, have suffered the loss of their father's care, training, education, society, services, companionship, guidance, solace, support, protection, comfort, tutelage and moral upbringing that they would have received from him for the remainder of his natural life. SURVIVAL ACTION 54. The allegations set forth in paragraphs 1 through 53 of this Complaint are incorporated herein by reference as if fully set forth herein. 55. Plaintiff, Molly J. Ressler, in her capacity as the Executrix of the Estate of David M. Ressler, decedent, brings this civil action pursuant to the Pennsylvania Survival Act at 42 Pa.C.S.A. § 8302 at seq. -20- APR/06/2009/MON 09;48 HSH RISK MANAGEMENT FAX No.717 763 3075 P. u2t 56. This civil action is brought to recover on behalf of the Estate of David M. Ressler, decedent, all damages lawfully available under the Pennsylvania Survival Act. 57. As a direct and proximate result of the gross negligence and gross breach of duty of care of the Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., Plaintiff's decedent, David M. Ressler, died on August 7, 2008. 58. As a further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendants, Holy Spirit Health System,, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., the Plaintiffs decedent, David M. Ressler, was caused to suffer great physical and mental pain and suffering, emotional shock and distress, mental anguish, discomfort, inconvenience, fright, trauma, terror and the loss of life's pleasures prior to his death, especially from and during the time of the act of hanging and the waiting for death until the death itself. 59. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the great physical and mental pain and suffering, emotional shock and distress, mental anguish, discomfort, inconvenience, fright, trauma, terror and the loss of life's pleasures suffered by Mr. Ressler prior to his death, especially from and during the time of the act of hanging and the waiting for death until the death itself. -21- APR/Q6/2009/MON 09:48 HSH RISK MANAGEMENT FAX No,717 763 3075 P,026 I (! tr 60. As a further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., the Plaintiff's decedent, David M. Ressler, was caused to suffer the loss of his future earnings capacity less the estimated cost of his personal maintenance from the date of death through his estimated working life span. 61. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the loss of Mr. Ressler's future earnings capacity less the estimated cost of his personal maintenance from the date of death through his estimated working life span. 62. Asa further direct and proximate result of the gross negligence and gross breach of duty of care of the Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., the Plaintiffs decedent, David M. Ressler, was caused to suffer the loss of his retirement income and Social Security income. 63. Plaintiff, Molly J. Ressler, claims on behalf of the Estate of David M. Ressler, decedent, damages for the loss of his retirement income and Social Security income. -22- APR/06/2009/MON 09:48 HSH RISK MANAGEMENT FAX No.717 763 3075 P.027 .. .... .. R. ..t ; _.. . R ... v Conclusion WHEREFORE, Plaintiff, Molly J. Ressler, Administrator and Executrix of the Estate of David M. Ressler, decedent, and Individually, based on the foregoing allegations, hereby demands judgment against all Defendants, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services and Robin Miller, M.D., jointly and severally, in an amount in excess of the compulsory arbitration limits together with interest, costs and expenses as provided by law. RESPECTFULLY SUBMITTED: Leslie M )Fields, Esquire Attorney I.D. No.: 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street, P.O. Box 222 Lemoyne, Pennsylvania 17043-0222 Phone: (717) 761-2121 Fax: (717) 761-4031 Web: www.Costol2oulos.com Attomey for Plaintiff DATED: --64iw? ze- 2009 -23- APR/Q6/2009/MON 09:48 HSH RISK MANAGEMENT c FAX No,717 763 3075 1 ) VERIFICATION P. 028 1, Plaintiff, Molly J. Ressler, Individually and as Administrator and Executrix of the Estate of David M. Ressler, Decedent, do hereby verify that the statements made in the foregoing document 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 at 18 Pa.S.C. § 4904 relating to unsworn falsification to authorities. BY: Molly J. es er, Individually and as Administrator and Executrix of the Estate of David M. Ressler, Decedent DATED: -5./90/02 OF rNE p8o OFFiCr . ,7111r) T'J C D,. C 2/ Ply l t 2 MOLLY J. RESSLER, Administr?RL N q) nt u R1. THE COURT OF COMMON PLEAS and Executrix of the Estate of 'V?' YI_??{l;y j' CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 10-4615 and Individually, CIVIL ACTION - LAW Plaintiff V. MEDICAL PROFESSIONAL JENNY OWENS, M. D. LIABILITY ACTION Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 or 717-249-3166 r CERTIFICATE OF SERVICE AND NOW, February 25, 2011, I, Marcelle M. Theis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 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: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 (Counsel for Plaintiff) M Celle M. Theis, Esquire MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., Defendants MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. JENNY OWENS, M.D., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1910 MEDICAL MALPRACTICE AC' OPI ' a t 77 nj G) a a. JURY TRIAL DEMANDED ate, - > 1 -- C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4615 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED UNCONTESTED MOTION TO CONSOLIDATE CASES PURSUANT TO PA. R.C.P. 213 AND NOW, comes the parties by and through their respective counsel and file this uncontested motion to consolidate cases and in support thereof aver as follows: These two cases both arise under the Mental Health Procedures Act, 50 P. S. § § 7107- 7116 and are related to medical and psychiatric care rendered at the Holy Spirit Hospital rendered in August 2008. These cases involve the death of the decedent while an inpatient at psychiatric ward at Holy Spirit Hospital. The cases involve a common question of law and fact and arise from the same transaction or occurrence. Ressler v. Holy Spirit Hospital, et al., No. 09-1910 ("Ressler 1") was initiated on March 26, 2009. Ressler v. Owens, No. 10-4615 ("Ressler 2") was initiated on July 13, 2010. Pennsylvania Rule of Civil Procedure 213(a) reads: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence the Court on its own motion or on the motion of any party may order a joint hearing or trial on any matter at issue in the actions, may order the actions consolidated and make orders that avoid unnecessary costs or delay. All parties have agreed to consolidation of the above cases as evidenced by the Stipulation attached hereto as Exhibit "A". WHEREFORE, the parties respectfully request that case No. 10-4615 be consolidated with case No. 09-1910 and that all future matters in these cases be filed to Docket No. 09-1910. Respectfully submitted, DICKIE, MCCA HILCOTE, P.C. Date: April 27, 2011 By: Thoma irs, Esquire Supreme Court I.D. #78565 425 N. 21 S` Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SER VICES AND ROBIN MILLER, M. D. Stipulation.doc MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1910 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4615 V. JENNY OWENS, M.D., Defendant MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED STIPULATION OF COUNSEL TO CONSOLIDATE ACTIONS PURSUANT TO PA.R.C.P. 213(a) AND NOW, come Plaintiff, by and through her counsel, Leslie Fields, Esquire and the Defendants, by and through their respective counsel, Thomas M. Chairs, Esquire and Marcelle M. Theis, Esquire and agree and stipulate as follows: 1. The above two (2) medical professional liability actions are pending in Cumberland County and involve a common question of law or fact and arise from the same transaction or occurrence. 2. The parties, by and through their counsel, agree and hereby stipulate to the consolidation of the above two (2) cases. 3. The cases shall be consolidated for all purposes including all pre-trial, trial, post- trial and appellate matters. 4. All future filings shall be docketed under case No. 09-1910 only. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: By; Marcelle M. Theis, Esquire Supreme Court I.D. #49589 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 Attorney for Defendant, JENNY OWENS, M.D. 2 Respectfully submitted, Date: DICKIE, WCAMEY & CHILCOTE, P.C. Y• Thomas M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D. 3 Respectfully submitted, COSTOPOULOS, FOSTER & FIELDS J Date: t?? ZO Lesli . Fields, Esquire Supreme Court I.D. #29411 831 Market St. Lemoyne, PA 17043 (717) 761-2121 Attorney for PLAINTIFF CERTIFICATE OF SERVICE AND NOW, April 27, 2011, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 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: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street P.O. Box 222 Lemoyne, PA 17043-0222 (Counsel for Plaintiff) j MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1910 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED "7 rv - MOLLY J. RESSLER ADMINISTRATOR r 4l ." IN THE COURT OF COMMON ,EA , AND EXECUTRIX OF THE ESTATE OF OF CUMBERLAND COUNTY, DAVID M. RESSLER, DECEDENT AND PENNSYLVANIA -?= INDIVIDUALLY, Plaintiff NO. 10-4615 ter . v. MEDICAL MALPRACTICE ACTION l JENNY OWENS, M.D., Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of ?011. upon consideration of the Uncontested Motion and Stipulation of Counsel which is attached hereto as Exhibit "A" it is hereby ORDERED that the above actions are consolidated for all pre-trial, trial and post-trial purposes and that all future filings shall be docketed at case No. 09-1910. ?_1?0mc s M- O'hoars, &9?. Martelle Knit s? , `? Leslie M.1=ields,E&q_ BY THE mftAQd oK$ J. r MOLLY J. RESSLER, and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES and ROBIN MILLER, M.D., Defendants MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff . V. JENNY OWENS, M. D. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1910 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-4615 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW this 7 day o2012, upon consideration of PLAINTIFF'S FOURTH MOTION TO COMPEL, a Rule to Show Cause is hereby ISSUED upon the Defendants to show cause, if any they have, why the requested relief should not be granted. The Rule is returnable M BY T E COU '• t 1 C O 71 C) {? - --i C.) Distribution: Thomas M. Chairs, Esquire k/DICKIE, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Leslie M. Fields, Esquire 831 Market Street Lemoyne, PA 17043 Lop', e-,> 1" Jed I' I ba At i, MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON PLEAS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, and Individually, Plaintiff NO.: 09-1910 c C= ..? V. CIVIL ACTION - LAW c7 4- 1 1 S ..f, HOLY SPIRIT HEALTH c,rs - : j SYSTEM, INC., HOLY SPIRIT MEDICAL PROFESSIONAL -- BEHAVIORAL HEALTH SERVICES LIABILITY ACTION ? n 3 n and ROBIN MILLER, M.D., Z- C ) Defendants JURY TRIAL DEMANDED T; x MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON PLEAS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, NO.: 10-4615 and Individually, CIVIL ACTION - LAW Plaintiff V. MEDICAL PROFESSIONAL JENNY OWENS, M. D. LIABILITY ACTION Defendant JURY TRIAL DEMANDED PLAINTIFF'S FOURTH MOTION TO COMPEL AND NOW COMES the Plaintiff, Molly J. Ressler, by and through her attorney, Leslie M. Fields, Esquire, and respectfully represents as follows in support of this Motion. 1. On or before July 8, 2010, in connection with the deposition of Rhett Bennie, acute care coordinator at the Behavioral Health unit of Holy Spirit Hospital, defense counsel, Mr. Chairs, produced two different versions of their policy No. BIA200, both bearing the same date, and both referencing "Old Number: 1405.70". Copies of those policies are attached as Exhibits A and B respectively. The policies state that the original is by Rhett Bennie dated 08/01/06, last revised, reviewed, and approved by Steve Bucciferro on 02/25/2008. These policies involve the frequency of staff observation of psychiatric patients as well as the patient's privilege level, which enabled decedent in the instant case to have access to his belt and shoelaces, which were the items used by him to commit suicide by hanging himself in his room in the Behavioral Health unit, pending a 302 commitment was pending because he was, in the opinion of defendants, a danger to himself. During the deposition, Mr. Bennie was questioned about those two different policies bearing the same date and identification numbers, as well as about previous versions of that policy. His testimony was that, to his recollection, the earlier versions had been kept. 2. On multiple occasions following the deposition, plaintiff's counsel requested both the earlier and more recent versions of the policy. Despite those requests, the documents have not been produced. 3. On or about September 21S`, 2011, Plaintiff's counsel served on defendants a Notice of Deposition for Steve Bucciferro, the administrative director of Holy Spirit Behavioral Health, whose name appears on the policies, as well as Dr. Robin Miller. See Exhibit C. The Notice included duces tecum requests requiring that the witness bring with him to the deposition the requested other versions of the policy.` The notices were served approximately eighty (80) days before the scheduled depositions! 4. No motion for a protective Order was ever filed, nor was plaintiff s counsel notified in advance that the witness(es) would not be producing the requested materials. ' The Notice requested the versions of the "privilege" policy from 1998 through the present. The 1998 time frame is important because that year, more than 10 years before the instant suicide by hanging in the Holy Spirit Behavioral Health unit, the Joint Commission, which accredits Holy Spirit Hospital, issued a Sentinel Event Alert, warning hospitals of the dangers in inpatient units which contribute to instances of suicide by hanging in such units. A copy of the Sentinel Event Alert is attached as Exhibit D. 2 Despite repeated requests for deposition dates of Steve Bucciferro and Dr. Miller, beginning in August of 2011, the dates of December 12 and 14`'', 2011 were the earliest that defense counsel would permit. 5. At the time of the deposition of Mr. Bucciferro, he testified that did not have the requested documents with him, although he believed they existed, nor had he been asked by defense counsel to produce the requested materials for the deposition, See Exhibit E. As a result of the failure to produce the requested materials, plaintiff's counsel was prevented from eliciting testimony about the development of the hospital's policies regarding suicide prevention, which are matters that are integral to her claims of gross negligence against the defendants. 6. The conduct of defense counsel in producing the misleading two versions of the policy and in refusing to produce the earlier and later versions of these discovery materials is deliberate, willful, dilatory, and intended to circumvent the plaintiff's rights under the discovery rules. WHEREFORE, Plaintiff, Molly J. Ressler, based on the foregoing averments, respectfully requests that an Order be entered requiring Defendants to produce the discovery materials requested, within ten 10 days of the issuance of the Order and that, upon demand by Plaintiff, that witness Steve Bucciferro be produced for additional deposition testimony, and such other relief and sanctions as the Court deems appropriate. RESPECTFULLY SUBMITTED: B teie sl. Fields, Esquire I.D. No.. 29411 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Tel.: (717) 761-2121 Dated: January 9, 2012 Attorney for Plaintiff HOLY SPIRIT HOSPITAL Behavioral Health Center Inpatient Unit TITLE: Privilege Levels NUMBER: BIA-219 ORIGINAL BY: Rhett Bennie DATE: 08101106 OLD NUMBER: 1405.70 LAST REVISED BY: Steve Bucciferro DATE: 02/25/08 LAST REVIEWED BY: Steve Bucciferro DATE: 02/25/08 PAGES: 6 APPROVED BY: Steve Buedferro DATE: 02/25/08 1. STAFF AFFECTED: All Inpatient Staff if. POLICY: Patients will be assessed upon admission and throughout the duration of the hospital stay for the degree of privilege level necessary to provide them with a safe and secure environment appropriate to their specific needs Ill. PURPOSE: To provide a degree of safety and security for every patient appropriate to that patient's cognitive and emotional status. Iv. PROCEDURE: Level I Privileges 1. Level I privileges is the most restrictive privilege level and refers to patients exhibiting overt activities which are harmful to themselves or others. Overt activities or behaviors are defined, but not limited, to the fbilow%ng: A. Suicidal actions/behaviors B. Seff-mutilating behavior C. Attempt to elope- from unit D. Assauitive behavior towards staff or other patients G,00911nes for Level I Privileges 1. Explain procedure to patient/family. 2. Search the patient an room for items that might be used to injure self (sharps, glass, shoelaces, beits, *eyeglasses, etc.) and remove them. *eyeglasses may be removed at the discretion of the Charge Nurse If deemed as a possible Item to ours self. 3. For Acute Care tMit patients, admit or move the patient to a room in Central Lounge area when possible. EAGU patients will remain In the Sunset Lounge roams. EXHIBIT 4. Search incoming belongings and packages. Remove all items that might be used to injure self. (Sharps, glass, belts, shoelaces, etc.) 5. Place patient in patient gown/hospital clothes. At staff discretion, patient may wear own clothes excluding any items that might be used to injure themselves. (see item#2) 6. No off-unit privileges. Must remain in Central Lounge (Acute Unit) or Sunset Lounge (EACU) except for bedtime. 7. MHC staff will accompany off the unit for any emergent tests or procedures such as diagnostic tests, x-rays, etc. Routine activities will be scheduled for after the patient is off Level I. 8. All patients will have meals served on the Inpatient Unit using styrofoam dinnerware and plastic eating utensils. 9. Visual contact maintained when out of bed. May attend any programs or activity held on the unit with staff supervision. 10. Door open at night. 11. Visitors as per policy. 12. Phone calls at patient phones with staff supervision. 13. Be especially alert to patient behaviors and whereabouts during bath time. tolleting, mealtime, and periods of high activity, such as change of shift report. 1.4. At staff discretion, patient may need to be accompanied by staff during tolleting and bathing. 15. Razors will be withheld from patients. or at staff discretion the use of r ors, is permitted but only with staff supervision. ts'vert if Ptiy{leoes 1. Level If privileges is the second most restrictive pqd t refers to patients demonstrating behaviors or atI urYft restrictions. Actions or behaviors requiring urn tnciude but are not limited to: ° A A. Initiation of involuntary co: mitment : ?+' (unless already on level A. Agitated or manic behavior B. Pat to with acute ph*c W s C. Confused or d1so %nted p rt ' p D. Patient recently released from. 61 sedusion 0% -ICA E. Patients verballAng desire or intention to leave the unit F. Patient with a known history of elopement G. Homicidal/suicidal thoughts and unwilling to contract for safety H. Severe mood instability Guidelines for Level 11 Pfivileges 1. Explain procedure to patient/family. 2. Search the patient for items that might be used to injure self (sharps, glass, ties, scarves, belts, etc.) and remove them. 3. Search incoming belongings and packages. Remove dleft. that might be used to injure self. (Sharps, glass, belts, ties, scarves, 41161jla0es, etc.) Belts and shoelaces may be allowed at staff discretion. 4. May wear own clothes. (See Item # 2.) 5. No off-unit privileges. Must remain on unit but is able to attend on unit programs. 6. When on Level II privileges, mental health staff will accompany off the unit for any emergent tests or procedures such as diagnostic tests, x-rays, etc. Routine activities will be scheduled for after the patient is off .7. Visitors as per policy. 8. Phone calls at patient phones. 9. Be especially alert to patient behaviors and whereabouts during bath time, toileting, mealtime, and periods of high activity, such as change of shift report. 10. Use of razors must be supervised by staff, or may be withheld at staff discretion. Level M Privileges 1. Level Ill privileges is the least restrictive privilege level and refers to patients exhibiting behaviors allowing to be off the unit to attend programming or recreational activities. Behaviors acceptable for level III would include, but are not limited to: A. Patients experiencing suicidal ideation but are willing to contract fbr safety. B. Psychotic thinking but able to follow staff direction or participate In group programming. Guidelines for Level HI Privileges "•' • PanA A of R 1. Explain procedure to patient/family. 2. Search the patient for items that might be used to injure self (sharps, glass, ties, scarves, belts, etc.) and remove them. 3. Search incoming belongings and packages. Remove all items that might be used to injure self. (Sharps, glass, belts, ties, scarves, shoelaces, etc.) Betts and shoelaces may be allowed at staff discretion. 4. May wear own clothes. (See Item # 2.) 5. Behavioral Health Center privileges. 6. When on Level 111 privileges, unless the physician writes an order for main hospital staff to accompany, mental health staff will accompany off the unit for any emergent tests or procedures such as diagnostic tests, x-rays, etc. Routine activities will be scheduled for after the patient is off. 7. Visitors as per policy. 8. Phone calls at patient phones. 9. Be especially alert to patient behaviors and whereabouts during bath time, toileUng, mealtime, and periods of high activity, such as change of shift report. 10. Independent use-of razors at staff discretion. Assessment: 1. Admission Assessment and Initial Physician Orders A. AN patients will be placed on Level If on admission until the patient is evaluated by the admitting physician. B. The admitting physician may order Level 1 on admission if the physician believes the patient meets criteria. C. Level 111 can only be assigned after the patient is seen by the designated attending physician. (Attending Psychiatrist, weekend Moonlighter or Resident}. 2. Assessment During The Hospital Stay. A. Inpatient staff will continue to assess and document thoughts or actions every shift during patient stay. 1. Based on clinical judgment, the charge nurse. In consultation with other treatment team members, may Increase the level 111* more TITLE Fe" 4 of 6 restrictive from less restrictive then notify the attending or on-call physician. (i.e. Level II to Level 1). 2. Only the attending physician may decrease the level from more restrictive to less restrictive. (i.e. Level 11 to Level III). 3. Staff will notify the attending or rounding physician of any recommendations to decrease privileges during physician rounds each day. B. The attending or rounding physician will re-evaluate every patient on every twenty-four hours, with treatment team input. This evaluation, and any changes of privileges, will be recorded in the progress notes. C. Behavioral health staff must accompany patients on Level 1 and Level If privileges. Patients on Level III will be accompanied by hospital staff unless a specific order for mental health staff to accompany is written by the designated attending physician. D. Documentation: 1. Physician - Document daily the justification for privilege levels on the Physician's Progress note, as well as any changes made. 2. Inpatient Staff - each shift record privilege levels on the Psychiatric Care Record. 3. Treatment Plan - identify all precautions and privilege levels under Therapeutic interventions on the Acute Care Clinical Pathway. (CMHC #1143) 4. Physician's Order A. Initial orders for privileges and any changes must be documented as a physician's order. B. The Unit Secretary or RN will note the order on the patient care kardex, specifying patient name, room number, and privilege levee. C. Privilege levels will be ordered on regular order sheets. 5. 30-Minute Rounding Sheet. i A. The whereabouts and activities of all patients will be checked every 30 minutes. Level I will be ordered if closer observation is indicated. B. Group activities will not be interrupted to ascertain who is In the group. If a patient starts the group, that patient will be assumed to TrFI F Page 5 of 6 be in group at rounding time unless staff has reason to believe otherwise. C. Whereabouts/activities to be noted vAli generally be as per the codes on the Rounding Sheet. Addltlonal codes may be used if noted on the reverse of the Rounding Sheet. D. Rounding is to be an assignment on It 1s the responsibility of the staff member assi®t+ they cannot complete the task due to other d discharge, group therapy, etc.) they hand-off the r staff member, or at a minimum inform the ch for assistance. V. DOCUMENTATION: VI. GUIDEUNES/PRECAUTIONS: VII. REFERENCES: ..... r . Page 6 of 6 HOLY SPIRIT HOSPITAL Behavioral Health Center Inpatient Unit F rivilege Levels NUMBER: BIA-219 Y: Rhett Bennie DATE: 08/01/06 OLD NUMBER: 1405.70 ED BY: Steve Buccderro DATE: 02/25/08 LASWED BY: Steve Bucciferro DATE: 02/25/08 PAGES: 6 APPROVED BY: Steve Bucciferro DATE: 02/26/08 I. STAFF AFFECTED: All Inpatient Staff il. POLICY: Patients will be assessed upon admission and throughout the duration of the hospital stay for the degree of privilege level neoesmty to provide them with a safe and secure environment appropriate to their specific needs III. PURPOSE: To provide a degree of safety and security for every patient appropriate to that patient's cognitive and emotional status. Iv. PROCEDURE: Level I Privileges 01. Level I privileges is the most restrictive privilege level and refers to patients exhibiting overt activities which are harmful to themselves or others. Overt activities or behaviors are defined, but not limited, to the following: A. Suicidal actions/behaviors B. Self-mutilating behavior C. Attempt to elope from unit D. Assaultive behavior towards staff or other patients Guidelines: for Level I Prlvilen" 1. Explain procedure to patient/family. 2. Search the patient for items that might be used to injure self (sharps, glass, ties, scarves, long shoelaces, belts, *eyeglasses, etc.) and remove them. *eyeglasses may be removed at the discretion of the Charge Nurse if deemed as a possible Item to injure self. 3. For Acute Care Unit patients, admit or move the patient to a room In Central Lounge area when possible. EACU patients will remain in the Sunset Lounge rooms. F? 1 1 EXHIBIT 4. Search incoming belongings and packages. Remove all items that might be used to injure self. (Sharps, glass, belts, ties, scarves, shoelaces, etc.) 5. May wear own clothes, at staff discretion. (See Item # 2.) Staff may require patient to wear hospital clothes if indicated by professional judgment. 6. No off-unit privileges. Must remain in Central Lounge (Acute Unit) or Sunset Lounge (EACU) except for bedtime. 7. MHC staff will accompany off the unit for any emergent tests or procedures such as diagnostic tests, x-rays, etc. Routine activities will be scheduled for after the patient is off Level I. 8. All patients will have meals served on the Inpatient Unit using styrofoam dinnerware and plastic eating utensils. 9. Visual contact maintained when out of bed. May attend any programs or activity held on the unit with staff supervision. 10. Door open at night. 11. Visitors as per policy. 12. Phone calls at patient phones with staff supervision. 13. Be especially alert to patient behaviors and whereabouts during bath time, toileting, mealtime, and periods of high activity, such as change of shift report. 14. At staff discretion, patient may need to be accompanied by staff during 4LVI1G111 IV CII Ju UuU 111 1?1. 15. Razors will be withheld from patients, or at staff discretion the use of razors is permitted but only with staff supervision. _Level it Priviloggs 1. Level 11 privileges is the second most restrictive ptivlege level and refers to patients demonstrating behaviors or actions requiring unit restrictions. Actions or behaviors requiring unfit resbi+ctions, but are not limited to, include: A. Agitated or manic behavior B. Patients with acute physical symptoms C. Confused or disoriented patients D. Patient recently releasW from restraint or seclusion E. Patients verbalizing desire or Interrf on to leave the unit F. Patient with a known history of elopement G. Homicidal/suicidal thoughts and unwilling to contract for safety Page 2 of 6 H. Severe mood instability Guidelines for Level II Prlyllen 1. Explain procedure to patient/family. 2. Search the patient for items that might be used to Injure NO (etOtM. 000 ties, scarves, belts, etc.) and remove them. 3. Search incoming belongings and packages. Remove 60 Itirms tW MV" too used to injure self. (Sharps, glass, belts, ties, scarves, sho 4U m, etc ) go& and shoelaces may be allowed at staff discretion. 4. May wear own clothes. (See Item # 2.) .5. No off-unit privileges. Must remain on unit but is able to attend on t11111 programs. 6. When on Level II privileges, mental health staff will accompany off 00 Cann for any emergent tests or procedures such as diagnostic tests, x-rays, etc. ROU*10 activities will be scheduled for after the patient is off 7. Visitors as per policy. 8. Phone calls at patient phones. 9. Be especially alert to patient behaviors and whereabouts during bath time, toileting, mealtime, and periods of high activity, such as change of shift report. 10. Use of razors must be supervised by staff, or may be withheld at staff discretion. Level III Privileges 1. Level III privileges is the least restrictive privilege level and refers to patients exhibiting behaviors allowing to be off the unit to attend programming or recreational activities. Behaviors acceptable for level III would include, but are not limited to: A. Patients experiencing suicidal ideation but are willing to contract for safety. B. Psychotic thinking but able to follow staff direction or participate in group programming. Guidefines for Level III Privileges 1. Explain procedure to patient/family. TITLE P?p? i 2_ Search the patient for items that might be used to injure self (sharps, glass, ties, scarves, belts, etc.) and remove them. 3. Search incoming belongings and packages. Remove all items that might be used to injure self. (Sharps, glass, belts, ties, scarves, shoelaces, etc.) Belts and shoelaces may be allowed at staff discretion. 4. May wear own clothes. (See Item # 2.) 5. Behavioral Health Center privileges. 6. When on Level III privileges, unless the physician writes an order for main hospital staff to accompany, mental health staff will accompany off the unit for any emergent tests or procedures such as diagnostic tests, x-rays, etc. Routine activities will be scheduled for after the patient is off. 7. Visitors as per policy. 8. Phone calls at patient phones. 9. Be especially alert to patient behaviors and whereabouts during bath time, toileting, mealtime, and periods of high activity, such as change of shift report. 10. Independent use of razors at staff discretion. Assessment: 1. Admission Assessment and Initial Physician Orders A. All patients will be placed on Level II on admission until the patient is cvuwuacu vy u?a uui?na?u?y r??yuw?caa?. B. The admitting physician may order Level I on admission if the physician believes the patient meets criteria. C. Level III can only be assigned after the patient is seen by the designated attending physician. (Attending Psychiatrist, weekend Moonlighter or Resident). 2. Asge.ssment During The Has Staff A. inpatient staff will continue to assess and document thoughts or actions every shift during patient stay. 1. Based on clinical judgment, the charge nurse, in consultation with other treatment team members, may increase the level to more restrictive from less restrictive then notify the attending or on-call physician. (i.e. Level fl to Level 1). TITLE page 4 of 6 2. Only the attending physician may decrease the level from more restrictive to less restrictive. (i.e. Level II to Level III). 3. Staff will notify the attending or rounding physician of any recommendations to decrease privileges during physician rounds each day. 8. The attending or rounding physician will re-evaluate every patient on every twenty-four hours, with treatment team input. This evaluation, and any changes of privileges, will be recorded in the progress notes. C. Behavioral health staff must accompany patients on Level I and Level 11 privileges. Patients on Level III will be accompanied by hospital staff unless a specific order for mental health staff to accompany is written by the designated attending physician. D. Documentation: 1-. Physician -Document Dort-for privilege levels on the P'hysician's progress Wb- as. any changes made. 2. Inpatient Staff -- each shift record privilege levels on the Psychiatric Care Record. 3. Treatment Plan - identify all precautions and privilege levels under Therapeutic Interventions on the Acute Care Clinical Pathway. (CMHC J #1 f4-3) 4. Physician's Order .-A.. ?l?l Ordem forprivife es anti any changes must be docufnented as a physician's order. B. The Unit Secretary or RN will note the order on the patient cane kardex, specifying patient name, room number, and privilege level. C. Privilege levels will be ordered on regular order sheets. 5. 30-Minute Rounding Sheet. A. The whereabouts and activities of all patients will be checked every 30 minutes. Level I will be ordered if closer observation is Indicated. B. Group activities will not be interrupted to ascertain who is in the group. If a patient starts the group, that patient will be assumed to be In group at rounding time unless staff has reason to believe otherwise. TITLE Page 5 of 6 MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff v. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES and ROBIN MILLER, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO.: 09-1910 . CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ***************************************************************************** MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. JENNY OWENS, M. D. Defendant LIABILITY ACTION JURY TRIAL DEMANDED NOTICE OF DEPOSITION TO: Steve Bucciferro c/o Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 PLEASE TAKE NOTICE that pursuant to Pa. R.C.P. 4007.1 your deposition will be taken upon oral examination, for the purpose of discovery or for use at trial, or for both purposes, before a person authorized to render an oath, at the offices of DICKIE, MCCAMEY & CHILCOTE, P.C., Plaza 21, Suite 302, 425 North 21st Street, Camp Hill, PA 17011-2223, on Monday, December 12, 2011 at 1:00 p.m. on all matters not privileged which are relevant and material to the issues and subject matter involved in the above-captioned action and that the above-named is required to appear and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-4615 CIVIL ACTION - LAW MEDICAL PROFESSIONAL G EXHIBIT BRING WITH YOU THE FOLLOWING: any and all versions and/or revisions of policies, procedures, and/or protocols from 1998 to the present relating to patient privilege levels, observation levels of patients in the behavioral health unit, "rounding," and patient's possession of belts and/or other personal property in the behavioral health unit AND a copy of your current curriculum vitae at the aforesaid time and at the above address and to submit to examination under oath as a witness. By: Leslie M. Fields, Esquire COSTOPOULOS, FOSTER & FIELDS 831 Market Street Lemoyne, PA 17043 (717) 761-2121 Attorney for Plaintiff September 21, 2011 -2- CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on September 21, 2011, a true and correct copy of the foregoing Notice of Deposition was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 COSTOPOULOS, FOSTER & FIELDS Leslie M. Fields, Esquire -3- Issue 7: Inpatient Suicides: Recommendations for Prevention I Joint Commission The Joint Commission Sentinel Event Alert Issue 7 - November 6, 1998 November 06, 1998 Inpatient Suicides: Recommendations for Prevention Since the Joint Commission enacted its Sentinel Event Policy two years ago, the Accreditation Committee of the Joint Commission's Board of Commissioners has reviewed 65 cases related to inpatient suicides. A root cause analysis was completed for each of the events reviewed. Most of the suicides occurred in psychiatric hospitals (34), followed by general hospitals (27) and residential care facilities (4). Of those cases in general hospitals, 14 occurred in psychiatric units, 12 in medical/surgical units and one in the emergency room. In 75 percent of the cases, the method of suicide was a hanging in a bathroom, bedroom or closet. Twenty percent of the suicides resulted from patients jumping from a roof or window. Root Cause Analyses Conducted Root causes of inpatient suicides that the organizations identified include: "For patients with a high suicide risk, make sure there is adequate around - the-clock observation." 11 John Oldham M.D. Director New York State Psychiatric Institute • The environment of care, such as the presence of non-breakaway bars, rods or safety rails; lack of testing of breakaway hardware; and inadequate security. • Patient assessment methods, such as incomplete suicide risk assessment at intake, absent • or incomplete reassessment, and incomplete examination of the individual (for example, failure to identify a contraband). • Staff-related factors, such as insufficient orientation or training, incomplete competency review or credentialing, and inadequate staffing levels. • Incomplete or infrequent patient observations. • Information-related factors such as incomplete communication among caregivers and information being unavailable when needed. • Care planning, such as assignment of the patient to an inappropriate unit or location. Reducing Risk Factors Organizations that experienced the suicides recommended the following risk reduction strategies: • Revising suicide risk assessment/reassessment procedures (for example, using a standardized procedure). • Updating the staffing model. • Enhancing staff orientation/education regarding suicide risk factors. • Updating policies and procedures for patient observation. • Monitoring consistency of the implementation of observation procedures. • Revising procedures for contraband detection and engaging family and friends in the process. • Identifying and removing or replacing non-breakaway hardware. • Weight testing all breakaway hardware. • Redesigning, retrofitting or introducing security measures (for example, locking mechanisms, patient monitors and alarms). Revising information transfer procedures. • Implementing education for family/friends regarding suicide risk factors. Experts' Recommendations John Oldham, M.D., director of the New York State Psychiatric Institute in New York City, emphasizes that good patient care is the first step In preventing inpatient suicides. Organizations also should examine their environment of care to make sure that patients do not have access to items that could be considered harmful to them. Page I of 2 http://www jointcommission.org/SentinelEventsISentinelEventAlerttsea 7.htm?print=yes 9/20/2010 Issue 7: Inpatient Suicides: Recommendations for Prevention Joint Commission Page 2 of 2 Oldham recommends that facilities adopt the following practices: • Make sure that items that can harm patients in the facility are addressed (for example, install appropriate shower heads, shower bars and closet bars that do not easily suggest such a use; do not leave doors open that should be closed; and do not give patients access to sharp objects and other potentially harmful items such as cleaning solvents). • Institute professional practice guidelines that are helpful in administering appropriate medications and dosages and appropriate combinations of medications to treat conditions that contribute to the risk of suicide. • Pay particular attention to patients who have multiple diagnoses that in combination can increase the risk of suicide (for example, a combination of depression and substance abuse). • Institute policies about passes and privileges for patients that are considered a suicide risk (for example, exercise special caution when a patient has his/her first unaccompanied pass to an activity in the facility or a trip outside the facility). William Tucker, M.D., director of the Bureau of Psychiatric Services in the New York State Office of Mental Health in New York City, says that organizations should assess the degree of suicidal risk on admission, with the intent to place those with the highest risk on constant observation. Staff members who provide any level of observation should inquire at least once per shift regarding suicidal intent, and more frequently if a positive response is obtained or suspicion is high. "Avoid reliance on 'pacts' with patients that they will not act on suicidal impulses," Tucker explains. "Also, maintain a high level of suspicion if perturbation is present, or paradoxically, if symptoms lighten." Please route this issue to appropriate staff within your organization. Sentinel Event Alert may only be reproduced in its entirety and credited to The ]oint Commission. http://www jointcommission.org/SentinelEvents/SentinelEventAlertlsea 7.htm?print=yes 9/20/2010 22 1 was 8/1/06 and then you revised it according to No. 2 on 2 2/25/2008. I'm asking you what in this document you 3 revised from what the original had been? 4 MR. CHAIRS: Are you referring to Exhibit No. 2 5 or 3? 6 MS. FIELDS: Exhibit 2. 7 THE WITNESS: I don't know. I would have to 8 have the one that was in effect in August 2006 and put 9 it next to the one that is in front of me and then go 10 line by line to see what was changed. 11 BY MS. FIELDS: 12 Q Right. Do you have the one that was original 13 in 8/1/06? 14 A I don't have it with me. 15 Q Do you have it in your office? 16 A I don't know. I don't know. 17 Q Did Mr. Chairs, by the way, show you the 18 Deposition Notice that we sent in September of 2011? 19 A Deposition Notice? I don't know what a 20 Deposition Notice is. 21 MR. CHAIRS: This is a document that 22 Plaintiff's counsel served that lawyers utilize to bring 23 about witnesses to deposition. 24 THE WITNESS: No. I have never seen this 25 before. EXNIBfT 1 E 23 1 BY MS. FIELDS: 2 Q Okay. Did he ask you to bring any documents 3 with you other than your CV? 4 A No. 5 MS. FIELDS: I would like to put on the record 6 at this point that by deposition date September 21st, 7 2011, we asked that the witness bring with him the 8 following: Any and all versions and/or revisions of 9 policies, procedures, and/or protocols from 1998 to the 10 present relating to patient privilege levels, 11 observation levels of patients in the Behavioral Health 12 Unit, rounding, and patient's possession of belts or 13 other personal property in the Behavioral Health Unit. 14 MR. CHAIRS: And for the record, that is a 15 request set forth in Mr. Bucciferro's Notice of 16 Deposition that was redundant of a prior document 17 request that has been responded to on behalf of the 18 Defendant that you have named Holy Spirit Behavioral 19 Health System and Holy -- pardon the names but the 20 documents have previously been produced and they 21 previously have been the subject of testimony by Rhett 22 Bennie, who produced them on behalf of one of the named 23 Defendants. 24 There has been specific objections to documents 25 that precede the one in effect or documents that 24 1 postdate the one in effect, but counsel has been 2 provided with the one in effect at the time of 3 Mr. Ressler's incident. 4 MS. FIELDS: The previous versions of this 5 policy have never been produced. No motion for a 6 protective order has been filed. We will seek sanctions 7 yet again for failure to produce documents which are 8 discoverable in this case. 9 BY MS. FIELDS: 10 Q Okay. Back, sir, to No. 2. So you don't it recall what revision you made between 106 and 108; is 12 that correct? 13 A That is correct. 14 Q But you have access to that document; and if 15 you had it, you could tell me what the revision was 16 about, right? 17 A Once again, I would have to go through line by 18 line to see what was revised. 19 Q Okay. Well, looking at it and take your time 20 and look at it and see if that refreshes your 21 recollection as to what would have been revised? 22 A Quite honestly, there are a lot of words and a 23 lot of items and things that we would look at and either 24 keep or change a word here or a word there, add 25 something, I -- I really can't tell. By looking at 25 1 this, it looks fairly complete and fairly detailed as to 2 the privilege levels. 3 Q And are you telling me that this, No. 2, is the 4 privilege level document that was in effect on the date 5 Mr. Ressler died? 6 MR. CHAIRS: I would note the objection that 7 has previously been the subject of testimony by -- 8 MS. FIELDS: I'm asking this witness. 9 MR. CHAIRS: -- Rhett Bennie; but for 10 clarification, there were two policies produced in 11 discovery, both with the same date. Mr. Bennie has 12 identified to you that one was a draft and -- 13 MS. FIELDS: I'm asking this witness. This is 14 the director. He approved it. 15 THE WITNESS: Can you ask me that question 16 again? 17 BY MS. FIELDS: 18 Q Is this the privilege level policy that was in 19 effect in August of 2008? 20 MR. CHAIRS: Can you identify either, whether 21 Exhibit No. 2 or Exhibit 3 would have been in effect? 22 THE WITNESS: I cannot. 23 BY MS. FIELDS: 24 Q Now, is there anything on either of these 25 exhibits that indicates which one, if any of them, are a 26 1 draft of something? 2 A I personally do not see where to answer your 3 question, which one would indicate it is a draft. 4 Q And if you were to do a draft of a policy 5 change, would you be required in your position to have 6 the actual date of the revision on it? 7 A As we are developing policies and procedures 8 and have different drafts and different copies and, you 9 know, printing and so forth, we may be looking at one 10 draft and another draft and, like I said before, we have 11 a team of people bringing information together. 12 We could be working on a draft; but when it is 13 finally the one we are using, it is the policy that we 14 have. 15 So it could be one of the ones we were working 16 on that may have been the draft and the other one be the 17 final. 18 Finally, this is the final, I was -- I would 19 think we would destroy any draft we have. Why have more 20 copies laying around than necessary? 21 Q Can you explain how Exhibit No. 2 came to be 22 produced in this litigation if, in fact, it wasn't the 23 policy? 24 A I have no idea. 25 Q Do you know what year Exhibit 2 was created? 27 1 A You mean the actual -- 2 Q Month or year? 3 A I -- no. The way you ask the question, I do 4 not know how to answer your question. 5 Q I'm asking if you know what month or year it 6 was cr eated in. That is the question. 7 A According to the date, it was created February 8 25th, 2008. 9 Q Okay. Now, with respect to -- 10 A We are still talking about No. 2? 11 Q We are -- okay. We are -- and with respect to 12 Page 3 of this document, sir -- 13 A Yes. 14 Q -- and this is a revised and reviewed privilege 15 level document in presumably 2008 under No. 3, you say, 16 search incoming belongings and packages. Remove all 17 items that might be used to injure self and then in 18 parent heses you have sharps, glass, belts, shoelaces, 19 scarve s, etc.? 20 A Yes. 21 Q So you are to remove them. In 2008, were those 22 items regularly removed from patients? 23 MR. CHAIRS: There is -- that is two totally 24 different questions. I would object and ask him not to 25 answer the compound question. 28 1 BY MS. FIELDS: 2 Q Okay. Read No. 3, sir, and tell me if I read 3 it correctly. 4 A No. 3, search incoming belongings and packages. 5 Remove all items that might be used to injure self, 6 parentheses, sharps, glass, belts, ties, scarves, 7 shoelaces, etc. 8 Q Did I read that properly when I asked you the 9 last question? 10 A You read it from the form, yes. 11 Q Okay. My first question is, in February of 12 2008, were belts and shoelaces regularly removed from 13 patients? 14 A I have no knowledge of that. I would not know 15 that. I'm not on the unit. I do not work directly with 16 the staff that does this. 17 Q Okay. 18 A So I have no knowledge, to answer your 19 question. 20 Q Okay. And then the revised policy goes further 21 to state belts and shoelaces may be allowed at staff 22 discretion, correct? 23 A It does say that. 24 Q What staff is allowed to use their discretion 25 on that? CERTIFICATE OF SERVICE I, Leslie M. Fields, Esquire, hereby certify that on this 9th day of Janu , 2012, a true and correct copy of the foregoing document was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 COSTOPOULOS, FOSTER & FIELDS Leslie M. 'elds, Esqui e MOLLY J. RESSLER, . IN THE COURT OF COMMON PLEAS Adminis-rator and Executrix CUMBERLAND COUNTY, PENNSYLVANIA of the Estate of DAVID M. RESSLER, Decedent, and. Individually, Plaintiff V. NO. 09-1910 CIVIL TERM HOLY SPIRIT HEALTH SYSTEM, CIVIL ACTION - LAW INC.; HOLY SPIRIT BEHAVIORAL: HEALTH SERVICES and ROBIN MILLER, M.D., MEDICAL PROFESSIONAL Defendants LIABILITY ACTION - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - MOLLY J. RESSLER, IN THE COURT OF COMMON PLEAS Administrator and Executrix CUMBERLAND COUNTY, PENNSYLVANIA of the Estate of DAVID M. RESSLER, Decedent, and. Individually, Plaintiff v. NO. 10-4615 CIVIL TERM JENNY OWENS, M.D., MEDICAL PROFESSIONAL Defendants LIABILITY ACTION ORDER OF COURT AND NOW, this 6th day of February, 2012,-by agreement of the parties, the Defendant Holy Spirit Health Systems, Inc., et al., shall provide the requested documents dating back to 1998 to Plaintiff by close of business on Februar,,r 13, 2012, or a sworn affidavit that the documents do not exist. We will have a hearing at 2:00 p.m. on Tuesday, March 6, 2012, to determine whether sanctions are in order. By the Court, Edward E. Guido, J. '/ Thomas M. Chairs, Esquire V MarcE?lle M. Theis, Esquire " Lest=.e M. Fields, Esquire MOLLY J. RESSLER, Administrator IN THE COURT OF COMMON AS and Executrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA DAVID M. RESSLER, Decedent, and Individually, Plaintiff NO.: 09-1910 V. CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT MEDICAL PROFESSIONAL BEHAVIORAL HEALTH SERVICES LIABILITY ACTION and ROBIN MILLER, M.D., Defendants JURY TRIAL DEMANDED MOLLY J. RESSLER, Administrator and Executrix of the Estate of DAVID M. RESSLER, Decedent, and Individually, Plaintiff V. JENNY OWENS, M. D. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 10-4615 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED j ORDER OF COURT AND NOW this Z 9" "day of 1MX,:A , 2012, upon consideration of PLAINTIFF'S MOTION FOR CONTINUANCE OF SANCTIONS HEARING, the motion is hereby GRANTED. Distribution: Thomas M. Chairs, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21 st Street Camp Hill, PA 17011-2223 C= O -•? 3 r;, -tea BY TH: k-O rr;` -? -<> CD .cam x-? J . c.» r- 5 Marcelle M. Theis, Esquire DICKIE, MCCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Leslie M. Fields, Esquire 831 Market Street Lemoyne, PA 17043 ma- le'qe Aw L i MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., Defendants MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. JENNY OWENS, M.D., Defendant IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1910 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED rn? IN THE COURT OF COMMOI EAA OF CUMBERLAND COUNTY c4 I PENNSYLVANIA < NO. 104615 ? c ca MEDICAL MALPRACTICE ACTf"ON JURY TRIAL DEMANDED ORDER AND NOW, this day of / •? __ - 2011. consideration of the Uncontested Motion and Stipulation of Counsel which is attached hereto Exhibit "A" it is hereby ORDERED that the above actions are consolidated for all pre-trial, and post-trial purposes and that all future filings shall be docketed at case No. 09-1910. 0mas M- obairs, Mareelle M.111s, N Lesl ie m .F;eldsI EaL BY THE r" r- am o° I CD r P1 J. -2 MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM, INC., HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., Defendants MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff V. JENNY OWENS, M.D., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ?? PENNSYLVANIA ? M NO. 09-1910 ? r- - <r> cn MEDICAL MALPRACTICE A.C ON ;;c ` JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4615 &-' MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW this 6&v" day of 2012, it is hereby ORDERED and DECREED that Defendants, Robin Miller, D. and Jenny Owens, M.D. are hereby dismissed with prejudice in accord with the Stipulation of Counsel. The Prothonotary is directed to delet( from the caption of this case Robin Miller, M.D. and Jenny Owens, M.D. BY E COU tT: J. TI .L. i .,+. G:) - L1J {.ll?llaa Vll ua.aa. Leslie M. Fields, Esquire arcelle M. Theis, Esquire Thomas M. Chairs, Esquire COSTOPOULOS, FOSTER & DICKIE MCCAMEY DICKIE MCCAMEY FIELDS Two PPG Place, Suite 400 425 N. 21" Street, Suite 302 P.O. [lox 222 Pittsburgh, PA 15222-5402 Camp llill, PA 17011 Lemoyne, PA 17043-0222 1322937 DICKIE, McCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) (717)731-4803 (Fax) MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff ATTORNEY FOR: DEFENDANTS, Holy Spirit Health System, Inc., Holy Spirit Behavioral Health Services And Robin Miller, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ? NO. 09-1910 MEDICAL MALPRACTICE ACTION V. C-) ?a HOLY SPIRIT HEALTH SYSTEM, INC., X M HOLY SPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., < om w Defendants ? t -, " JURY TRIAL DEMANDED *******************#****** **************************** N ************* MOLLY J. RESSLER, ADMINISTRATOR IN THE COURT OF COMMON]?$LgkS AND EXECUTRIX OF THE ESTATE OF I OF CUMBERLAND COUNTY, _.. L' DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, Plaintiff PENNSYLVANIA NO. 10-4615 V. JENNY OWENS, M.D., Defendant MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED UNCONTESTED MOTION TO DISMISS ROBIN MILLER, M .D. AND JENNY OWENS, M.D. ONLY AND NOW, come Defendants, Robin Miller, M.D. and Jenny Owens, M.D. by through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within U Motion to Dismiss and in support thereof aver as follows: Plaintiff initiated this civil action sounding in medical malpractice against Robii r-- Miller, M.D., Jenny Owens, M.D. and The.Holy Spirit Health System. 2. After completion of discovery, counsel for all parties of record stipulate and that Robin Miller, M.D. and Jenny Owens, M.D. should be dismissed from this case. A true correct copy of the Stipulation to Dismiss executed by counsel for all parties of record is hereto as Exhibit "A". WHEREFORE, Robin Miller, M.D. and Jenny Owens, M.D. request this Court enter Order approving of the dismissal of Robin Miller, M.D. and Jenny Owens, M.D. from this and direct the Prothonotary to remove Robin Miller, M.D. and Jenny Owens, M.D. from the caption of this case. Respectfully submitted, DICKIE, MWAN N)p 4 ¢HILCOTE, P.C. Date: July 19, 2012 By: lh asW'.Chil; Esquire Su Vme Court I.D. #78565 425 N. 21" Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 (Counsel for Holy Spirit Health System, Inc Holy Spirit Behavioral Health Services, any Robin Miller, H. D.) 2 I '49042 MOLLY J. RESSLER, ADMINISTRATOR AND EXECUTRIX OF THE ESTATE OF DAVID M. RESSLER, DECEDENT AND INDIVIDUALLY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-1910 2 -6 V. MEDICAL MALPRACTICE Ol HOLY; SPIRIT HEALTH SYSTEM, INC., N " HOLYISPIRIT BEHAVIORAL HEALTH SERVICES AND ROBIN MILLER, M.D., ? Defendants JURY TRIAL DEMANDED --d ? r-n MOLLY J. RESSLER, ADMINISTRATOR IN THE COURT OF COMMON PL EAS AND EXECUTRIX OF THE ESTATE OF OF CUMBERLAND COUNTY, DAVID M. RESSLER, DECEDENT AND PENNSYLVANIA INDIVIDUALLY, Plaintiff V. JENNY OWENS, M.D., Defendant MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO TM PROTHONOTARY: Please mark the above-referenced matter discontinued and ended. Respectfully submitted, COSTOPOULOS, FOSTER & FIELDS } Date: 4 it 1 i t ?-- By:? .c.,.+ .?.......... ._. Leslie . Fields, Esquire Supreme Court I.D. #29411 831 Market St. Lemoyne, PA 17043 (717) 761-2121 Attorney for Plaintiff CERTIFICATE OF SERVICE 1, Leslie M. Fields, Esquire, hereby certify that on this 21" day of Amt, 2012, ai true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served upon all counsel of record by: Hand Delivery X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Fax Transmission Overnight Mail at the following address(es) and/or number(s): Thomas M. Chairs, Esquire DICKI?, MCCAMEY & CHILCOTE, P.C. Plaza 21, Suite 302 425 North 21S` Street Camp Mill, PA 17011-2223 COSTOPOULOS, FOSTER & FIELDS Leslie M. Fields, Esquire