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HomeMy WebLinkAbout10-5070is . 42010 4VU 3 4M 11 55 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 10 - 5070 civil term JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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. O S $qa.o o P0 ATI-/ e 842(053 ff .1414% Cumberland County Bar Association 32 South Bedford Street Carlisle, PA (717) 249-3166 AVISO USTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion 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 suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE D0CUMENTO A SUAB0GAD0 INMEDIA TA MENTE. SI USTED NO TIENE UNABOGADO, LLAME 0 VAYA A LA SIG UIENTE OFICINA. ESTA OFICINA PUEDE PR0VEERLE INFORMACIONA CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UNABOGAD0, ES POSIBLE QUE ESTA OFICINA LE P UEDA PR 0VEER INFORMA- CION SOBRE AGENCIAS Q UE OFREZCAN SER VICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS Q UE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA (717) 249-3166 411119 2 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Michael Flynn, a citizen of the Commonwealth of Pennsylvania, is an adult individual who resides in Enola, Cumberland County, Pennsylvania. 2. Defendant, Amy Denise Wanner, is a Licensed Practical Nurse employed by Bayada Nurses, Inc. 3. Defendant, Amy Denise Wanner, is an employee, agent, servant or ostensible agent of Defendant Bayada Nurses, Inc. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 411119 3 4. Defendant, Bayada Nuses, Inc., is a Pennsylvania Close Corporation with a business address in Harrisburg, Dauphin County, Pennsylvania. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 5. Defendant, Thomas Allen Young, M.D., is a Pennsylvania Licensed Medical Physician, practicing medicine in Camp Hill, Cumberland County, Pennsylvania. 6. Defendant, Thomas Allen Young, M.D., holds himself out as being a specialist in the practice of internal medicine. 7. Defendant, Thomas Allen Young, M.D., works as a physician at the practice of Susquehanna Internal Medicine Associates, P.C. 8. Defendant, Thomas Allen Young, M.D., is an employee, agent, servant or ostensible agent of Defendant, Susquehanna Internal Medicine Associates, P.C. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 9. Defendant, Susquehanna Internal Medicine Associates, P.C., is a Pennsylvania Professional Corporation doing business in Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 10. The facts and occurrences herein took place on or after December 30, 2008. 11. Plaintiff, Michael Flynn, was 58 at the time having been born on November 15, 1950. 12. On December 25, 2008, Plaintiff, Michael Flynn, fell from his wheelchair while attempting to transfer and suffered a skin tear on his left calf. 13. At the time of the December 25, 2008, incident, Plaintiff, Michael Flynn, had a past medical history of long standing multiple sclerosis and hypertension. 14. At the time of the December 25, 2008, incident, Plaintiff, Michael Flynn, treated with family physician, Defendant, Dr. Young. 411119 4 15. Prior to December 25, 2008, Defendant, Dr. Young, had seen and treated, Plaintiff, Michael Flynn, as a patient on 10/23/01, 12/11/01, 03/05/02, 10/30/02, 4/17/03, 12/02/03, 5/06/04, 5/06/05, 7/01/05, 8/02/05, 10105105, 1/10/06, 5/09/06, 8/22/06, 11/01/06, 12/29/06, 3/26/07, 6/18/07, 10/18/07, 2/26/08, 7/01/08, and 11/04/08. 16. Plaintiff, Michael Flynn, first sought medical care for his fall from Defendant, Dr. Young, on or about December 30, 2008, where Defendant, Dr. Young, examined him and noted a 1.5 cm skin tear on the left calf and a small hematoma. 17. On this same date, Defendant, Dr. Young, recommended polysporin and a dry sterile dressing as well as for the patient to call in 1-2 weeks if not improved and regular follow-up would be in 2-3 months. 18. Plaintiff, Michael Flynn, was seen next by Defendant, Dr. Young, on March 10, 2009, where Defendant, Dr. Young, noted the left leg wound was still present and had no signs of secondary infection. 19. On this same date, Defendant, Dr. Young, prescribed continued local care for the non- healing wound with follow-up from this appointment in three months or sooner, if needed. 20. Plaintiff, Michael Flynn, was seen next by Defendant, Dr. Young, on April 15, 2009, where Defendant, Dr. Young, noted the left lower extremity wound was a 3 x 8 cm ulceration with eschar and without signs of infection or purulent drainage. 21. On this same date, Plaintiff, Michael Flynn, was sent for STAT arterial Doppler study and referred to a vascular surgeon. 22. The Doppler study indicated the presence of severe peripheral vascular disease. 411119 5 23. Plaintiff, Michael Flynn, saw a vascular surgeon, Dr. Judith Cook, on April 22, 2009, when Dr. Cook noted the presence of a severe left lower extremity open, necrotic wound, since the fall from the wheel chair with progressive tissue loss. 24. On this same date, Dr. Cook noted the wound to have full thickness necrosis, to be draining, and to be malodorous. 25. On this same date, Dr. Cook recommended, given the severity of the wound and the presence of severe vascular disease, an AKA (above-the-knee amputation) be performed. 26. Plaintiff, Michael Flynn, underwent a left AKA on April 24, 2009. 27. Plaintiff, Michael Flynn's course was complicated by a non-ST elevation myocardial infarction and Type 2 (adult-onset) diabetes was discovered during the peri-operative period. 28. During the month of May 2009, Plaintiff, Michael Flynn, was admitted after the AKA for a MRSA stump infection and urinary tract infection, which were both treated with IV vancomycin. 29. Plaintiff, Michael Flynn, was under visiting nurse (home care), Defendant, Bayada Nurses, since July 21, 2008. 30. Plaintiff, Michael Flynn, had been seen and treated by Defendant, Bayada Nurses, prior to the fall from the wheel chair for a chronic, small, non-healing right ankle venous stasis ulcer and chronic urinary bladder catheter care. 31. Plaintiff, Michael Flynn's principal visiting nurse was Defendant, Amy Denise Wanner. 32. Defendant, Nurse Wanner, saw Mr. Flynn at home on multiple occasions, prior to his development of the left leg wound, on 8/05/08, 9/04/08, 9/23/08, 10,21/08, 10/27/08, 10/24/08, 10/31/08, 11/03/08, 11/05/08, 11/07/08, 11/10/08, 11/12/08, 11/14/08, 11/17/08, 11/19/08, 411119 6 11/21/08, 11/24/08, 11/26/08, 11/28/08, 12/01/08, 12/03/08, 12/05/08, 12/08/08, 12/10/08, 12/12/08, 12/15/08,12/17/08, 12/19/08, 12/22/08, 12/24/08, 12/26/08 and 12/29/08. 33. Defendant, Nurse Wanner, first saw Plaintiff, Michael Flynn, for the left leg wound on December 31, 2008, where she noted the wound was dark purple and measured 4 by 5 cm. 34. On this same date, Defendant, Nurse Wanner, applied Neosporin and covered the wound with a dry dressing. 35. Over the course of the next five visits (1/02/09, 1/05/09, 1/07/09, 1/09/09, and 1/12/09), Defendant, Nurse Wanner, dressed the wound and noted, there was no significant change in the wound. 36. On January 16, 2009, Nurse Wanner, noted that the wound had increased in size (7.5 by 5 cm) and she would report it to Dr. Young. 37. On this same date, Defendant, Nurse Wanner, notes she called Dr. Young and was still awaiting orders. 38. On January 21, 2009, Defendant, Nurse Wanner, noted she was still cleansing the wound with normal saline and applying Neosporin. 39. On January 26, 2009, Defendant, Nurse Wanner, noted the wound was worse and she started treating it with Silvadene. 40. Defendant, Nurse Wanner, noted no change on the following visits: 1/28/09, 2/02/09, 2/04/09, 2/06/09, and 2/09/09. 41. However, on February 9, 2009, Defendant, Nurse Wanner, noted the eschar was not coming off well and she would call Dr. Young. 42. Defendant, Nurse Wanner, next saw Plaintiff, Michael Flynn on 2/13/09 and 2/16/09 and noted she was awaiting new orders. 411119 7 43. On February 18, 2009, Defendant, Nurse Wanner, received an order for Santyl and she noted the wound was now 10 x 5 cm and had a large amount of tan drainage. 44. Defendant, Nurse Wanner, noted the wound remained unchanged on the following visits: 2/20/09, 2/23/09, 2/25/09, 2/27/09, 3/02/09, 3/04/09, 3/06/09, 3/09/09, 3/13/09, 3/18/09, and 3/20/09. 45. On March 22, 2009, Defendant, Nurse Wanner, noted the wound to be somewhat smaller, 8x4cm. 46. Defendant, Nurse Wanner, noted no change in the wound on the following visits: 3/25/09, 3/27/09, 3/30/09, 4/01/09, 4/03/09, 4/06/09, 4/08/09, and 4/10/09. 47. On April 13, 2009, Defendant, Nurse Wanner, noted that the wound had increased in size 12 x 5 cm and continued to have a large amount of drainage. 48. The next 3 visits by Defendant, Nurse Wanner, on 4/16/09, 4/17/09, and 4/20/09, revealed no improvement in the wound. 49. Defendant, Nurse Wanner, notes as of 4/20/09 the wound measured 19 cm by 5cm. 50. On April 22, 2009, Defendant, Nurse Wanner, noted the wound to be larger and look worse. COUNTI NEGLIGENCE MICHAEL OWEN FLYNN V. AMY DENISE WANNER 51. Paragraphs 1 through 50 of the Complaint are incorporated herein by reference. 52. Plaintiff, Michael Flynn's injuries as set forth hereinafter were the result of the negligence of Defendant, Amy Denise Wanner as follows: (a) Documenting the worsening of the wound without treatment; 411119 8 (b) Contacting the physician about the worsening of the wound but allowing days to pass with no new orders or follow-up; (c) Failing to have plaintiff, Michael Flynn, seen by a registered nurse or wound care specialist; and (d) Failing to advise Plaintiff, Michael Flynn, to seek medical care including hospitalization due to the worsening of the wound and lack of response from the physician. WHEREFORE, Plaintiff, Michael Owen Flynn, demands judgment against Defendant, Amy Denise Wanner, in an amount excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II VICARIOUS LIABILITY MICHAEL OWEN FLYNN V. BAYADA NURSES, INC 53. Paragraphs 1 through 52 of the Complaint are incorporated herein by reference. 54. Defendant, Bayada Nurses, Inc., held itself out to the public as a health care provider at all relevant times hereto. 55. At all relevant times hereto, Plaintiff, Michael Flynn, relied upon Defendant, Bayada Nurses, Inc., as the apparent employer/principal, of Defendant, Amy Denise Wanner, as well as any other individuals who participated in the care and treatment of Plaintiff, Michael Flynn. 56. Plaintiff, Michael Flynn, relied upon Defendant, Bayada Nurses, Inc., to employee only those persons who are qualified and would render competent medical care through its health care facility. 411119 9 57. Defendant, Bayada Nurses, Inc., is vicariously liable for such employee, agent, servant and/or ostensible agents conduct, which is negligent in precisely the same manner set forth in the Count above. 58. All of the above noted actions and/or admissions on the part of Defendant, Amy Denise Wanner, as an ostensible agent of Defendant, Bayada Nurses, Inc., increased the risk of harm and injury to Plaintiff, Michael Flynn. 59. As a direct and proximate result of the above noted actions and/or admissions on the part of Defendant, Amy Denise Wanner, as an ostensible agent of Defendant, Bayada Nurses, Inc., Plaintiff, Michael Flynn, suffered injury. WHEREFORE, Plaintiff, Michael Owen Flynn, demands judgment against Defendant, Bayada Nurses, Inc., in an amount excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III NEGLIGENCE MICHAEL OWEN FLYNN V. THOMAS ALLEN YOUNG M.D. 60. Paragraphs 1 through 59 of the Complaint are incorporated herein by reference. 61. Plaintiff, Michael Flynn's injuries as set forth hereinafter were the result of the negligence of Defendant, Thomas Allen Young, M.D., as follows: (a) Failing to recognize and treat the wound over a period of months, including the progression of concomitant loss of tissue and persistent infection; (b) Failing to treat the infection, necrotic tissue in the wound bed, underlying arterial insufficiency, and new onset of diabetes mellitus; 411119 10 (c) Failing to promptly respond to the calls of Nurse Wanner regarding the condition of the wound; (d) Failing to recognize the wound was worsening to the point where hospitalization and surgical consult was required; (e) Failing to work up and discover why Plaintiff, Michael Flynn's wound was progressing including, his underlying and untreated diabetes mellitus and vascular insufficiency; and (f j Failing to treat Plaintiff, Michael Flynn's underlying and untreated diabetes mellitus and vascular insufficiency. WHEREFORE, Plaintiff, Michael Owen Flynn, demands judgment against Defendant, Thomas Allen Young, M.D., in an amount excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV VICARIOUS LIABILITY MICHAEL OWEN FLYNN V. SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. 62. Paragraphs 1 through 61 of the Complaint are incorporated herein by reference. 63. Defendant, Susquehanna Internal Medicine Associates, P.C., held itself out to the public as a health care provider at all relevant times hereto. 64. At all relevant times hereto, Plaintiff, Michael Flynn, relied upon Defendant, Susquehanna Internal Medicine Associates, P.C., as the apparent employer/principal of Defendant, Thomas Allen Young, M.D., as well as any other individuals who participated in the care and treatment of Plaintiff, Michael Flynn. 411119 11 65. Plaintiff, Michael Flynn, relied upon Defendant, Susquehanna Internal Medicine Associates, P.C., to employee only those persons who are qualified and would render competent medical care at its health care facility. 66. Defendant, Susquehanna Internal Medicine Associates, P.C., is vicariously liable for such employee,' agent, servant and/or ostensible agents conduct, which is negligent in precisely the same manner set forth in the Count above. 67. All of the above noted actions and/or admissions on the part of Defendant, Thomas Allen Young, M.D., as an ostensible agent of Defendant, Susquehanna Internal Medicine Associates, P.C., increased the risk of harm and injury to Plaintiff Michael Flynn. 68. As a direct and proximate result of the above noted actions and/or admissions on the part of Defendant, Thomas Allen Young, M.D., as an ostensible agent of Defendant, Susquehanna Internal Medicine Associates, P.C., Plaintiff, Michael Flynn, suffered injury. WHEREFORE, Plaintiff, Michael Owen Flynn, demands judgment against Defendant, Susquehanna Internal Medicine Associates, P.C., in an amount excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM I DAMAGES MICHAEL OWEN FLYNN V. AMY DENISE WANNER BAYADA NURSES INC. THOMAS ALLEN YOUNG, M.D, AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. 69. Paragraphs 1 through 68 of the Complaint are incorporated herein by reference. 70. Plaintiff, Michael Flynn, incurred medical expenses in an attempt to treat his medical condition. 411119 12 71. As a direct result of the above negligence, Plaintiff, Michael Flynn, has suffered and will in the future suffer loss of earning capacity and potential, and a claim is made therefore. 72. As a direct result of the above negligence, Plaintiff, Michael Flynn, will live with continual pain, and a claim is made therefor. 73. As a direct result of the above negligence, Plaintiff, Michael Flynn, has undergone, and in the future will undergo, great mental and physical pain and suffering, great inconvenience in carrying out the activities of daily life and loss of life's pleasures and enjoyment, and a claim is made therefor. 74. As a direct result of the above negligence, Plaintiff, Michael Flynn, has experienced humiliation, embarrassment and disfigurement, and a claim is made therefor. 75. As a direct and proximate result of Defendants' negligence as set forth above, Defendants are liable to Plaintiff, Michael Flynn, for all injuries recoverable under Pennsylvania Law including those alleged herein. WHEREFORE, Plaintiff, Michael Owen Flynn, demands judgment against Defendant, Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D., and Susquehanna Internal Medicine Associates, P.C., in an amount excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Date: 7/Xpw 411119 13 VNER, P.C. ANGIN WB Lisa Mdbur n, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodbum@angino-rovner.com Counsel for Plaintiff(s) ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Amy Denise Wanner I, Lisa M.B. Woodburn, certify that: ( ) an appropriate licensed professional has supplied a written statement to the un igned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR Attorneys for Plaintiff ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: _? /? [/CT/ 0 f? Lisa M.B. Woodburn 411119 15 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Bayada Nurses, Inc. I, Lisa M.B. Woodburn, certify that: ( ?) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( i/ ) the claim that this defendant deviated from an acceptable pr ofesslonal standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: `7 900 V) Lisa .B. oodburn 411119 16 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Thomas Allen Young, M.D. I, Lisa M.B. Woodburn, certify that: ( an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: ? a& ov1 p A /J_? Li M. oodburn 411119 17 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Susquehanna Internal Medicine Associates, P.C. Attorneys for Plaintiff I, Lisa M.B. Woodburn, certify that: ( ) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ?he claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: o Lisa M.B. Woodburn 411119 18 VERIFICATION I, MICHAEL OWEN FLYNN, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of knowledge, information and belief. I understand that this Verification is made subject to the penjalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authoriti Witness MICHAEL OWEN FLYNN Date: 7 1 p o Date: 7- Z e% - 1. C)/ 0 411119 14 1N" y •. ~ FOULKROD ELLIS Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 c? ~~N C:~ -- A (} __ ~ a _ /-.. -tea ,.; < __ _ 6,^~f.;~ 12 ~, ~~ Attorney&:fqr Deferili~n s, Thomas Allen Young M :and Susquehanna Infal Medicine ,,:,' Associates, P.C.`4 c.` ~: ~ -_ Michael Owen Flynn, v. Plaintiff Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., Defendants COURT OF COMMON PLEAS OF -a CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. CV-10-5070 MEDICAL MALPRACTICE JURY TRIAL DEMANDED ENTRY OF APARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., in the above-captioned action. Respectfully submitted, j~ Date: ~ d ~ 3 FOULKROD ELLIS Professional Co or 'o i~ S By: ~ Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 it _ _ ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this /Co ~' day of f 2010, by depositing said copy in the United States Mail at Camp Hill, Pennsyl ania, postage prepaid, first class delivery, and addressed as follows: Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Amy Denise Wanner Bayada Nurses, Inc. 750 East Park Drive 1St Floor Harrisburg, PA 17111 Bayada Nurses, Inc. 750 East Park Drive 1St Floor Harrisburg, PA 17111 FOULKROD ELLIS PROFESSIONAL CORPORATION By: Christina W. Shaffer, Paralegal FIL~_l~F'FlCL ~, 7Fl~. f'P~~TE~IQ~dOTAR°s' FOULKROD ELLIS Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 Michael Owen Flynn, Plaintiff v. Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., Defendants No. CV-10-5070 MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE TO FILE STIPULATION OF COUNSEL TO AMEND COMPLAINT TO THE PROTHONOTARY: Kindly file of record the attached Stipulation of Counsel regarding the above-referenced matter. Date: 2Z. I ~~f0 SAP 23 f'f~ 2~ ~5 ~'t1P~Bc.t~LANO COU~1'4' PE'~~dSYLYANIA Attorneys for Defendants, Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FOULKROD ELLIS By: I~-` Andrew H. Foulkrod, Es ire Attorney I.D. No. 77394 Darlene K. King, Esquire Attorney I.D. No. 75898 CIVIL ACTION -LAW FUU~KROD ELLIS , '(,~* - AndrewN.'Foulkrod, Esquire Attorney l.D. #77394 Darlene K. King,'~squire Atlomey I:D. #75898. 4000 Market Street Camp'Hill, PA 17011' Phone: ' (717) 909-7006 Attorneys for Defendants, Fix: (717) 909-6955 Thomas A11en Young, M.D. and Susquehanna InternaiMedlc[ne - ,.Associates, P.C. Michael Owen Flynn, COURT OF.COMMON PLEAS.OF Plaznt~ CUMBERLAND' COUNTY, PENNSYLVANIA ~. CML ACTION -LAW ...Amy Denise Wanner, Bayada Nurses, Inc., Thomas A11en Young, M.D. and Susquehanna Internal.. No. CV-10-5070 Medicine Associates, P.C., Defendants MEDICAL MALPRACTICE 'JURY TRIAL DEMANDED STIPULATION OF COCTNSEL TO AMEND COMPLAINT Plaintiff, Michael Owen Flynn, by and through'his counsel, Lisa M.B. Woodburn, F_,squire, and Defendants, Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C:, by and through their counsel, Darlene K. King, Esquire,' hereby. stipulate and agree as follows. 1. Counsel executing this Stipulation hereby represent' and warrant that they are authorized. to do so by theirrespeetive clients. 2. Paragraph 64 of Plaintiff's Complaint shall beamended to remove the phrase: "as well as any. other individuals who participated in the care and treatment of Plaintiff, Michael Flynn.,' 3. Paragraph 64 of Plantiff's'Complaint shall now read as follows: "At all'relevant times hereto, Plaintiff, Michael Flynn, relied,upon Defendant, Susquehanna Internal Medicine Associates, P:C., as the; .apparent employerlprincipal of Defendant, Thomas Allen Young, M.D." 4. This Stipulation may ,be' executed. in counterparts and.: shall be considered effective when signed by all counsel,'even though signed on separate signature pages, and may be'filedof record. Facsimile or photocopy reproduction of'sgnatures shall have the effect of original signatures. IN WITNESS WHEREOF, the parties, by their counsel, have caused this Stipulation to be executed' and intend'to be legally bound'thereby. FOULKROD ELLIS ANGINO: & ROVNER, P.C. PROFESSIONAL CORPORATION By: By: is .B. Woodburn.Esquire Andrew H. Foulkrod, Esqu' 4503 North Front Street Darlene K. King,' Esquire .Harrisburg, PA 1711b 4000 Market Street Actarney for Plaints, Camp Hill,' PA 17011 Attorneys for Defendants,. Thomas Alien Young, M.D. and Susquehanna Internal Medicine :Associates, P. C. Date: l ~d c~F~1 ~ Date: ~ ~ l~ Q CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this c~a'~ay of ~ 010, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Amy Denise Wanner Bayada Nurses, Inc. 750 East Pazk Drive 1St Floor Harrisburg, PA 17111 Hayada Nurses, Inc. 750 East Pazk Drive 1St Floor Harrisburg, PA 17111 FOULKROD ELLIS PROFESSIONAL CORPORATION By: ~,/~ Crystal L. Nemetz, Secretary FILED-OFFICE THE p is T HoHOTAR, 2010 SEP 29 N"I 2*- n 1 CUMBERLAND COU14 ' ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-008 (717) 238-6791 FAX (717) 238-5610 E-mail: lwoodburn@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. CV-10-5070 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANTS THOMAS ALLEN YOUNG M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. 76. Plaintiff reiterates his Complaint in response to this averment. 77. This averment is a conclusion of law to which no response is required. 11r. the event a response is deemed required, it is specifically denied that Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. To the contrary, Plaintiff's Complaint was timely filed as evidenced by the Complaint itself. 78. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, it is specifically denied that Plaintiff's claims may be 450519 ORIGINAL 0 barred in whole or in part by the doctrines of comparative negligence and/or assumption of the risk. 79. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, it is specifically denied Plaintiff's injuries are the result of circumstances beyond the control of answering Defendants. To the contrary, Plaintiff's injuries are the direct and proximate result of Answering Defendants' negligence. 80. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, it is hereby denied Plaintiff's injuries were the result of acts or omissions of individuals over whom Answering Defendants have no control. To the contrary, it is alleged Answering Defendants' negligence was the direct and proximate result of Plaintiff's injuries. 81. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, it is hereby specifically denied that Plaintiff's claims are barred by the doctrine of superseding and/or intervening causes. 82. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, it is hereby denied that any rights, immunities, or damage limitations under the MCare Act will serve to limit or bar Plaintiff's recovery. 450519 2 WHEREFORE, Plaintiff respectfully requests that the New Matter of Defendants Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates be dismissed. Respectfully submitted, ANGINO & ROVNER, P.C. Lisa M. B. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodbum@angino-rovner.com Counsel for Plaintiff Date: c? c a to 450519 3 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF Dauphin I, Lisa M. Woodburn, being duly sworn according to law, depose and state that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing Plaintiffs' Reply to the New Matter of Defendants Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates are true and correct to the best of my knowledge and belief. Lisa . Woodburn Sworn to and subscribed before me this W 7 ? day of ?lweJ, 2010. Notary Public MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SUSAN HEPP, Notary Public Susquehanna Twp., Dauphin County My Commission Expires May 6, 2014 450519 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANTS THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. upon all counsel of record via postage prepaid first class United States mail addressed as follows: Andrew H. Foulkrod, Esquire Darlene K. King, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Counsel for Defendants, Thomas Allen Young, M.D., and Susquehanna Internal Medicine Associates, P. C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Counsel for Defendants, Amy Denise Wanner and Bayada Nurses, Inc. Mary T. eraets Date: -? U 450519 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. N0.85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) MICHAEL OWEN FLYNN, Plaintiff v. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants ATTORNEY FOR DEFENDANTS AMY DENISE WANNER AND BAYADA NURSES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5070 CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED NOTICE TO PLEAD ~ ~ ~ ti ~ q ~' r~~c~ ~ , ,~ ~~ TO: Michael Owen Flynn ~= ~" a ~ c/o Lisa M. B. Woodburn, Esquire ~ ~~ ~ -,~ ANGINO & ROVNER, P.C. t ==:: ~ `~' .~:. =' 4503 North Front Street ~'' Harrisburg, PA 17110 -~: ~x~ °~ - ~ YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER FILED ON BY AMY DENISE WANNER AND BAYADA NURSES, INC. WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Date: October 13, 2010 By: Respectfully submitted, DICKIE, MCCA~ ~l ~ILCOTE, P.C. kY. Ch'a~irs, Esquire Court 1.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney.for Defendants, Amy Denise Wanner and Bayada Nurses, Inc. DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. N0.78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. N0.85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) _(717)731-4803 (Fax) MICHAEL OWEN FLYNN, Plaintiff v. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants ATTORNEY FOR DEFENDANTS AMY DENISE WANNER AND BAYADA NURSES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5070 CIVIL ACTION -MEDICAL JURY TRIAL DEMANDED ANSWER WITH NEW MATTER FILED BY AMY DENISE WANNER AND BAYADA NURSES, INC. TO THE PLAINTIFF'S COMPLAINT AND NOW, comes Defendants, Amy Denise Wanner and Bayada Nurses, Inc., by and through their attorneys, Dickie, McCamey & Chilcote, P.C. and files the within Answer With New Matter To The Plaintiff s Complaint and in support thereof avers, as follows: 1. Denied. After reasonable investigation the Answering Defendants are without knowledge of information sufficient to form a belief as to the truth or falsity of the averment set forth in Paragraph 1 of the Plaintiffs Complaint and therefore the Answering Defendants deny same and demands strict proof thereof at the time of trial. 2. Admitted. 3. Admitted in part. Denied in part. Nurse Wanner all times material hereto was employed by Bayada Nurses, Inc. It is specifically and unequivocally denied that the Plaintiff has asserted a meritorious claim against the Answering Defendants. 4. Admitted in part. Denied in part. It is admitted that Bayada Nurses, Inc. is a corporation that regularly conducts business in central Pennsylvania. It is specifically and unequivocally denied that the Plaintiff is asserting a meritorious claim against the Answering Defendants. 5. Paragraph No. 5 of the Plaintiff s Complaint refers to a party other than the Answering Defendants and consequently no response is required. In the alternative to the extent that Paragraph No. 5 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 6. Paragraph No. 6 of the Plaintiff s Complaint refers to a party other than the Answering Defendants and consequently no response is required. In the alternative to the extent that Paragraph No. 6 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 7. Paragraph No. 7 of the Plaintiff s Complaint refers to a party other than the Answering Defendants and consequently no response is required. In the alternative to the extent that Paragraph No. 7 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 2 8. Paragraph No. 8 of the Plaintiff s Complaint refers to a party other than the Answering Defendants and consequently no response is required. In the alternative to the extent that Paragraph No. 8 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 9. Paragraph No. 9 of the Plaintiff s Complaint refers to a party other than the Answering Defendants and consequently no response is required. In the alternative to the extent that Paragraph No. 9 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 10. Denied. Paragraph No. 10 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 11. Denied. Paragraph No. 11 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. Paragraph No. 12 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 13. Denied. Paragraph No. 13 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 14. Denied. Paragraph No. 14 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 15. Denied. Paragraph No. 15 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 3 16. Denied. Paragraph No. 16 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 17. Denied. Paragraph No. 17 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 18. Denied. Paragraph No. 18 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 19. Denied. Paragraph No. 19 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 20. Denied. Paragraph No. 20 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 21. Denied. Paragraph No. 21 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 22. Denied. Paragraph No. 22 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 23. Denied. Paragraph No. 23 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 24. Denied. Paragraph No. 24 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 25. Denied. Paragraph No. 25 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 26. Denied. Paragraph No. 26 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 4 27. Denied. Paragraph No. 27 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 28. Denied. Paragraph No. 28 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 29. Denied. Paragraph No. 29 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 30. Denied. Paragraph No. 30 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 31. Denied. Paragraph No. 31 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 32. Denied. Paragraph No. 32 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 33. Denied. Paragraph No. 33 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 34. Denied. Paragraph No. 34 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 35. Denied. Paragraph No. 35 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e. 36. Denied. Paragraph No. 36 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 37. Denied. Paragraph No. 37 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 5 38. Denied. Paragraph No. 38 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 39. Denied. Paragraph No. 39 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 40. Denied. Paragraph No. 40 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 41. Denied. Paragraph No. 41 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 42. Denied. Paragraph No. 42 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 43. Denied. Paragraph No. 43 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e. 44. Denied. Paragraph No. 44 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 45. Denied. Paragraph No. 45 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 46. Denied. Paragraph No. 46 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 47. Denied. Paragraph No. 47 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 48. Denied. Paragraph No. 48 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 6 49. Denied. Paragraph No. 49 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). 50. Denied. Paragraph No. 50 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029(e). COUNT I NEGLIGENCE MICHAEL OWEN FLYNN V. AMY DENISE WANNER 51. The above stated responses to Paragraph Nos. 1 through 50 of the Plaintiff's Complaint are incorporated herein as if fully set forth. 52a-d. Paragraph No. 52 of the Plaintiff s Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 52 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Answering Defendants deny that the Plaintiff is entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of the Answering Defendants and against the Plaintiff and further request that the Answering Defendants be awarded appropriate costs and fees. COUNT II VICARIOUS LIABILITY MICHAEL OWEN FLYNN V. BAYADA NURSES, INC. 53. The above stated responses to Paragraph Nos. 1 through 52 of the Plaintiff s Complaint are incorporated herein as if fully set forth. 7 54. Paragraph No. 54 of the Plaintiffs Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 54 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendants, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). By way of further response, Answering Defendant Bayada Nurses, Inc. does as in the case of Michael Owen Flynn provide home health care services. 55. Paragraph No. 55 of the Plaintiff s Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 55 of the Plaintiff s Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). By way of further response, Amy Denise Wanner was at all times material hereto an employee of Bayada Nurses, Inc. 56. Paragraph No. 56 of the Plaintiffs Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 56 of the Plaintiffs Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). By way of further response, Answering Defendant, Bayada Nurses, Inc. did at all times material hereto employ competent individuals that rendered appropriate home health care services to the Plaintiff. 57. Paragraph No. 57 of the Plaintiff s Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 57 of the Plaintiff s Complaint is deemed to contain facts to which a 8 responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). By way of further response, Answering Defendant, Bayada Nurses, Inc. did at all times material hereto employ competent individuals that rendered appropriate home health care services to the Plaintiff. 58. Paragraph No. 58 of the Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 58 of the Plaintiff s Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). Byway of further response, Answering Defendant, Bayada Nurses, Inc. did at all times material hereto employ competent individuals that rendered appropriate home health care services to the Plaintiff. 59. Paragraph No. 59 of the Plaintiff s Complaint sets forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph No. 59 of the Plaintiffs Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). By way of further response, Answering Defendant, Bayada Nurses, Inc. did at all times material hereto employ competent individuals that rendered appropriate home health care services to the Plaintiff. WHEREFORE, Answering Defendants deny that the Plaintiff is entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of the Answering Defendants and against the Plaintiff and further request that the Answering Defendants be awarded appropriate costs and fees. 9 COUNT III NEGLIGENCE MICHAEL OWEN FLYNN V. THOMAS ALLEN YOUNG, M.D. 60.-61(a-f). Paragraph Nos. 60 and 61 of the Plaintiff s Complaint refer to a party other than the Answering Defendant consequently no response is required. In the alternative, to the extent that Paragraph Nos. 60 and 61 of the Plaintiff s Complaint are deemed to contain facts which pertain to the Answering Defendants, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Answering Defendants deny that the Plaintiff is entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of the Answering Defendants and against the Plaintiff and further request that the Answering Defendants be awarded appropriate costs and fees. COUNT IV VICARIOUS LIABILITY MICHAEL OWEN FLYNN V. SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. 62.-68. Paragraph Nos. 62 and 68 of the Plaintiff s Complaint refer to a party other than the Answering Defendant consequently no response is required. In the alternative, to the extent that Paragraph Nos. 62 and 68 of the Plaintiffs Complaint are deemed to contain facts which pertain to the Answering Defendants, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Answering Defendants deny that the Plaintiff is entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of the 10 Answering Defendants and against the Plaintiff and further request that the Answering Defendants be awarded appropriate costs and fees. CLAIM I DAMAGES MICHAEL OWEN FLYNN V. AMY DENISE WANNER, BAYADA NURSES, INC., THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. 69. The above stated responses to Paragraph Nos. 1 through 68 of the Plaintiff s Complaint are incorporated herein as if fully set forth. 70. Denied. Paragraph No. 70 of the Plaintiff s Complaint is denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). 71.-75. Paragraph Nos. 71 through 75 of the Plaintiff s Complaint set forth conclusions of law as opposed to statements of fact, consequently no response is required. In the alternative to the extent that Paragraph Nos. 71 through 75 of the Plaintiff s Complaint are deemed to contain facts to which a responsive pleading is deemed required those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Answering Defendants deny that the Plaintiff is entitled to the relief requested or any relief whatsoever and demand that judgment be entered in favor of the Answering Defendants and against the Plaintiff and further request that the Answering Defendants be awarded appropriate costs and fees. NEW MATTER By way of further response, Answering Defendants, aver the following New Matter directed to Plaintiff: 11 76. The negligence of the Plaintiff and/or decedent bars and/or limits any claim the Plaintiff may have against the Answering Defendants. 77. Plaintiff has failed to state a claim upon which relief can be granted. 78. The general allegations of agency contained in Plaintiff's Amended Complaint are denied and incapable of further response and strict proof is demanded. 79. Nothing Answering Defendants did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiffs. 80. Plaintiff s claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 81. Plaintiff s Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by reference as though same were more fully set forth at length herein. 82. At all times material hereto, Answering Defendants provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 83. Plaintiff s claims and/or request for damages herein are limited and/or precluded by the doctrines of res judicata and/or collateral estoppel. T 84. Plaintiff s claims may be barred by the applicable statute of limitations. 85. Plaintiff have failed to plead facts sufficient to toll the applicable statute of limitations. 86. Plaintiff s cause of action may be barred by the equitable doctrine of lathes. 87. To the extent that discovery and/or investigation may reveal, Plaintiff has granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 12 88. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, Plaintiffs shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 89. Plaintiff may have entered into a release which has the effect of discharging Answering Defendants from this matter. 90. Upon information and belief, certain of Plaintiff s bills for which Plaintiff seeks to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 91. Plaintiff shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 92. Plaintiff s claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 93. By way of further answer, Answering Defendants specifically reserve the right to plead hereafter as further New Matter those additional affirmative defenses, including, without limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiff in the Complaint. WHEREFORE, Answering Defendants deny that Plaintiff is entitled to the relief requested or any relief whatsoever and respectfully requests that this Honorable Court enter judgment in favor of Answering Defendants together with all allowable costs and attorneys' fees. 13 Respectfully submitted, DICHIE, MCCAMEY & CHILCOTE, P.C. Date: October 13, 2010 By: Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Amy Denise Wanner and Bayada Nurses, Inc. 14 752479/Bayada Nurses Verification VERIFICATION I, Nori Sue Fey, Esquire, Director, Legal Services of Bayada Nurses, Inc. hereby verify that the facts set forth in the foregoing Answer with New Matter to PlaintifFs Complaint are true and correct to the best of my ltnowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4944, relating to unsworn falsification to authorities. Date: u~recior, Legs! services 752484/Wanner VERIFICATION I, Amy D. Wanner, LPN, hereby verify that the facts set forth in the foregoing Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Amy D. er, LPN ... CERTIFICATE OF SERVICE AND NOW, October 13, 2010, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ANSWER WITH NEW MATTER FILED BY AMY DENISE WANNER AND BAYADA NURSES, INC. TO THE 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: Lisa M. B. Woodburn, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Andrew H. Foulkrod, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Thomas A. Young, M.D. and Susquehanna Internal Medicine ciates, P.C.) .~'`~' j ' r, , V J/ Thomas ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 E-mail: Iwoodburn@angino-rovner. com iii TF~ELP~~ ~HO~~D~A;;Y z~aa ocr i 9 ~~, e~: ~~ ~U~$wRlRt€D CQUP~TY Pr"~~~S Y~.~`~ "~ l,~`~ Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff v. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. CV-10-5070 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF' S REPLY TO THE NEW MATTER OF DEFENDANTS AMY DENISE WANNER AND BAYADA NURSES, INC. 76. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically. denied. By way of further response, it is denied that Plaintiffls own negligence serves to limit or bar any claim Plaintiff may have against answering Defendants. 77. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further 452167 ORIGINAL response, Plaintiff has adequately and timely stated a claim under Pennsylvania law as evidenced by the Complaint. 78. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied that Plaintiffls Complaint states general allegations of negligence. To the contrary, the averments in Plaintiffls Complaint are specifically set forth. 79 This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, answering Defendants' actions or inactions as set forth in Plaintiff's Complaint were the proximate cause of Plaintiff's injuries. 80. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied that Plaintiff's claims may be barred by the doctrines of assumption of risk and contributory negligence or reduced by comparative negligence. 81. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied Plaintiffs Complaint is barred or reduced by the provisions of the Pennsylvania'Cornparative Negligence Act. 82. .This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied answering Defendants' provided treatment in accordance with the applicable standard of medical care at the time and place of the treatment. To the contrary, answering Defendants were negligent. as2i6~ 2 83. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied Plaintiff's claims and/or request for damages are limited and/or precluded by the doctrines of res judicata and/or collateral estoppel. 84. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied Plaintiffls claims are barred by the applicable statute of limitations. To the contrary, Plaintiff s Complaint was timely filed as evidenced by the Complaint. 85. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied that Plaintiff has failed to plead sufficient facts to toll the applicable statute of limitations. 86. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied that Plaintiff's cause of action is barred by the equitable doctrine of laches. 87. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, Plaintiff has net granted accord and satisfaction to a judgment thereby barring subsequent suit against any other Defendant for the same injury. 88. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, Plaintiff is familiar with the Medical Care Availability and Reduction of Error Act and as2i6~ 3 does not intend to claim any amount covered by a collateral source of compensation or benefits as dictated by Pennsylvania law. 89. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied that Plaintiff has entered into a Release that has the effect of discharging answering Defendants from this case. 90. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, Plaintiff only seeks payment for those medical bills permitted by Pennsylvania law in professional negligence cases. 91. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, Plaintiff is familiar with the Pennsylvania Medical Care Availability and Reduction of Error Act and does not intend to claim any damages not permitted by the Act. 92. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied. By way of further response, it is denied that Plaintiff's claims and/or request for damages are barred or limited in any manner by the.Pennsylvania Medical Care Availability and Reduction of Error Act, Act No. 13, House Bill No. 1802, 2202 Pa. A.L.S. 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 93. This averment contains a conclusion of law to which no response is required. In the event a response is deemed required, this averment is specifically denied that any additional asz i 6~ 4 affirmative defenses will be available to Answering Defendants that will bar or limit Plaintiff's recovery or reduce Answering Defendants' negligence in this case. WHEREFORE, Plaintiff respectfully requests that the New Matter of Defendants Amy Denise Wanner and Bayada Nurses, Inc., be dismissed. Respectfully submitted, ANGINO & ROVNER, P.C. ~~~_ uv Lisa M. B. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-b791 lwoodburn~a angino-rovner.com Counsel for Plaintiff Date: ~C/- i ~-~. ~ ~~ ~ 452167 5 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF Dauphin I, Lisa M. Woodburn, being duly sworn according to law, depose and state that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff, and that the facts set forth in the foregoing Plaintiffs' Reply to the New Matter of Defendants Amy Denise Wanner and Bayada Nurses, Inc., are true and correct to the,best of my knowledge and belief. +;, ~ f L a .Woodburn Sworn to and subscribed before me this day of 2010. Notary Public COMM~NMIEA` L „,TM CF PBNN9YLVANIA NOTARIAL. SEAL SUSAN HEPP, Notary Public Susquehanna T , bauphin County My Commission Expires May 6, 2014 452167 CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANTS AMY DENISE WANNER AND BAYADA NURSES, INC., upon all counsel of record via postage prepaid first class United States mail addressed as follows: Andrew H. Foulkrod, Esquire IIazlene K. King, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Counsel for Defendants, Thomas Allen Young, M.D., and Susquehanna Internal Medicine Associates, P. C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Counsel for defendants, Amy Denise Wanner and Bayada Nurses, Inc. ---. - _.. Mary T. eraets Date: ~ ~ .- ~ 452167 FILED-OFFICE OF THE PROTHONOTARY 2011j'11P Aa;E1?25 pcf?laSYL`ti ^''11A ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#; 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238.6791 FAX (717) 238-5610 E-mail: Iwoodburn@angino-rovner. com MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. CV-10-5070 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR A STATUS CONFERENCE AND NOW comes Plaintiff Michael Owen Flynn, by and through his counsel, Angino & Rovner, P.C., by Lisa M. B. Woodburn, Esquire, and respectfully requests Your Honorable Court to schedule a Status Conference in the above-captioned action in order to establish discovery deadlines and a trial date, and in support for said request, avers as follows: 1. A Complaint was filed on August 3, 2010, and served upon all Defendants by Sheriff. 2. Defendant Thomas Allen Young, M.D., was served on August 6, 2010. 457762 3. Defendant Susquehanna Internal Medicine Associates, P.C., was served on August 6, 2010. 4. Defendant Bayada Nurses, Inc., was served on August 9, 2010. 5. Defendant Amy Denise Wanner, was served on August 12, 2010. 6. On August 13, 2010, Andrew H. Foulkrod, Esquire, filed an Entry of Appearance for Defendants Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. 7. On September 22, 2010, Thomas M. Chairs, Esquire, filed an Entry of Appearance for Defendants Bayada Nurses, Inc. and Amy Denise Wanner. 8. No Judge has been involved in this action. 9. The parties have engaged in discovery including Interrogatories and Request for Production of Documents. 10. Plaintiff have answered all Interrogatories and Request for Production of Documents directed to them to date. 11. Defendants Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., have answered Plaintiff's Interrogatories and Request for Production of Documents. 12. As of January 4, 2011, Attorney Thomas M. Chairs, on behalf of Defendants Bayada Nurses, Inc. and Amy Denise Wanner has not answered Plaintiff's Interrogatories and Request for Production of Documents, which were served on September 30, 2010, but Answers are expected in the next several weeks. 13. All counsel have begun exchanging dates for various depositions and some are scheduled. 457762 14. Plaintiff believes it is in all parties' interest to have the Court set a date for the close of discovery, exchange of expert reports, dispositive motions, and a date certain for trial. 15. On January 4, 2011, Plaintiff s counsel contacted Defendants' counsel via email, regarding the instant Motion. Defendants' counsel do concur with the filing of this Motion for a Status Conference. 16. Plaintiff is represented by Lisa M. B. Woodburn, Esquire, of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110,(717)238-6791. 17. Defendants Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., are represented by Andrew H. Foulkrod, Esquire, of Foulkrod Ellis, P.C., 4000 Market Street, Camp Hill, PA 17011, (717) 909-7006. 18. Defendants Bayada Nurses, Inc. and Amy Denise Wanner are represented by Thomas M. Chairs, Esquire, of Dickie, McCamey & Chilcote, P.C., 425 North 21St Street, Plaza 21, Suite 302, Camp Hill, PA 17011, (717) 731-4800. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to schedule a Status Conference for the purpose of establishing discovery deadlines, exchange of expert reports and a trial date. Date: January v, 2011 Respectfully submitted, A GINO & ROVNER, P.C. Li a M. B. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodburn@angino-rovner.com Counsel for Plaintiff 457762 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: loodburn@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. CV-10-5070 MEDICAL, PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CERTIFICATION OF CONCURRENCE/NON-CONCURRENCE PURSUANT TO LOCAL RULE 208.2(d) On January 4, 2011, I contacted both defense counsel seeking concurrence/non- concurrence with Plaintiffs' Motion for a Scheduling Conference. Both defense counsel concur with the filing of the Motion. Respectfully submitted, ANGINO &. ROVNER, P.C. Date: January ?, 2011 Lis M. B. Woodburn, Esquire PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodbum@angino-rovner.com Counsel for Plaintiff(s) 457762 CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing Plaintiff's Motion for a Status Conference upon all counsel of record via postage prepaid first class United States mail addressed as follows: Andrew H. Foulkrod, Esquire Darlene K. King, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Counsel for Defendants, Thomas Allen Young, MD., and Susquehanna Internal Medicine Associates, P. C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 425 North 21" Street Plaza 21, Suite 302 Camp Hill, PA 17011 Counsel for Defendants, Amy Denise Wanner and Bayada Nurses, Inc Date: l/ T 1.20 /1 NArtie A. Manno, Legal ecretary 457762 ???, 11 2011 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: Iwoodburniaangino-rovner.com r•? > C:0 Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. CV-10-5070 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ORDER AND NOW, this IOday of , 2011, upon consideration of Plaintiff's Motion for Status Conference, IT IS HEREBY ORDERED a Status Conference is scheduled for J , qo?0l1 at 1 I 46 o'clock (a.m. / p.m.) in Courtroom No. 5 L7 BY THE COURT: DISTRIBUTION: See next page for Distribution List. S 457762 DISTRIBUTION: ? Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 FAX(717)238-5610 loodburna,anaino-rovner.com Counsel for Plaintiff Andrew H. Foulkrod, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 (717) 909-7006 ext. 4 FAX (717) 909-6955 i? 1?Y tl CoP , ? lgI o? andrew@foulkrod.com Counsel for Defendants, Thomas Allen Young, M.D., and Susquehanna Internal Medicine Associates, P. C. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 North 21 st Street Plaza 21, Suite 302 Camp Hill, PA 17011 (717) 731-4800 x3006 FAX (717) 731-4803 tchairs@dmclaw.com Counsel for Defendants, Amy Denise Wanner and Bayada Nurses, Inc. 457762 a, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Michael Owen Flynn VS. Amy Denise Wanner, Bayada Nurses, Inc., Thomas Ailen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. OF THE PROTHONOTARY 2011 JAN 2S AM 11: 47 CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Case Number: 10- 5070 CERTIFICATE PREREQUISITE TO THE SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As, a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Litigation Solutions, LLC ('LSLLC') on behalf of Andrew Foulkrod, Esquire of Foulkrod Ellis PC certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, Including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received, and; (4) The subpoena which will be served is identical to the subpoena which Is attached to the notice of intent to serve the subpoena. Date: 1/3/2011 CC: Andrew Foulkrod, Esquire Foulkrod Ellis PC 40p0 Market Street Camp Hill PA 17011 Litigation Solutions, LLC on behalf of Andrew Foulkrod, Esquire of Foulkrod Ellis PC Attorney for the Defense PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND Michael Owen Flynn Court of Common Vs. Pleas Amy Denise Wanner, Bayada Nurses, Inc., Thomas Alien Young, M.D. and Susquehanna Internal Medicine Associates, P.C. 10-5070 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCEDOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Provider: Record Type: Pinnacle Health System Medical Pinnacle Health System Radiology Pinnacle Health System Financial / Billing T0: Lisa M. Woodburn, Esquire note: please see enclosed list of all other interested counsel Litigation Solutions, LLC ('LSLLC) on behalf of Andrew Foulkrod, Esquire intends to serve a subpoena identical to the one that Is attached to this notice. You have twenty (20) days from the date listed below in which to file; of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection Is made, then the subpoena may be served. Date of Issue: 12/14/2010 CC: Andrew Foulkrod, Esquire of Foulkrod Ellis PC - Court of Common Pleas If you have any questions regarding this matter, please contact: Litigation Solutions, LLC (412.263.5656) Brentwood Towne Centre SOIL Towne Square Way, Suite 251 Pittsburgh, PA 15219 Litigation Solutions, LLC on behalf of: Andrew Foulkrod, Esquire Defense COUNSEL LISTING FOR MICHAEL OWEN FLYNN VS. AMY DENISE WANNER, BAYADA NURSES, INC., THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C. County of Cumberland Court of Common Pleas Counsel Firm Counsel Type Woodburn, Esquire, Lisa 4503 North Front Street Harrisburg PA 17110 P: 717-238-6791 Opposing M. F:717-238-5610 Counsel Chairs, Esquire, Thomas 1200 Camp Hill Bypass Suite 205 Camp Hill PA 17011 P: 717- Other 731-4800 F: 717-731-4803 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Michael Owen Flynn Court of vs. Common Pleas Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. 10-5070 Request For Records Copies Related To Subpoena Document Request Provider: Copy Sets Requested: Pinnacle Health System Pinnacle Health System Pinnacle Health System Please return this completed form to Litigation Solutions, LLC. Please be advised that Litigation Solutions, LLC requires prepayment for all requested records above. Therefore, once the requested records are obtained an invoice for prepayment will be generated and sent directly to your attention. This prepayment includes a $5.00 administrative fee. Once payment has been received the records will be promptly forwarded to your attention. If you should happen to have any questions or concerns regarding this matter, please don't hesitate to contact Maria Osinski at 412.253. 1101 or fax at 412.253.1059. Date of Issue: 12/14/2010 Michael Owen Flynn VS. Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. 1 i s 11 ' (J q t (? n '- s nt - - - Pinnacle Health System ` _..•,_ ? ? -nom _?; uL i,1?i :L - , LC = T! SE SEE ATTACHED RIDER 101 Towne Sauare Way, Suite 251 Pittsburgh, PA 15227 r ? e?essl Y pt=i li;ir pr n?==1 f=?iG c Grpic_ p=r.F, mc_ir,- J L_ %i SLbpO - t - 0fU Tnl^ o -nut,' d !_, o? Crh i rGLL c r_?.-_?a . a ^ Gn _Cc i, ;hc V iiY ==} ['-g'•rc??c?L a, 1i?c 3?? cs JLSicr yoL u pia __ lll T_' .=mar j7 J=? ' ihinr 7.nL,}? rG_l 0= D'=P'i:?.pyChc copes oT ?,rcd-L rn?. c o--- (? . y0- iu pFC;jt C.c rn? rrru--L S or ina5 _C t ti,cr ny e LGi .1IS r},; , o ,'_ SL:i?0'e: {7c_T)''S _d?? `Lig SUb ?o ne Tay gt?l a rpll- 0=dt_ -O n_,,e 1_J ryv VOL co C01, D!, iih iielV T THE -r`jjJF.; ' o L r I T t:)i ilrl!? 1' i? i )f,J !r_fy1r: Andre r F t o ul krod Esquire _717-909-7006 ST)PkNi142 COS! O RI iOPrl1r r3F- DP_fPn4P a .-. l -=e riu-L' T-y*Civill Division J-?77? Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pinnacle Health System P.O. Box 8700 Harrisburg PA 17105 Attention: Medical Records Correspondence Subject: Flynn, Michael SS#: 9834 Date of Birth: 11/15/1950 Requested Items: Please remit: a complete copy of any and all medical records from 11/15/1950 to present, including records, charts, test results, reports, correspondence, office notes, and computerized records. A Michael Owen Flynn -5070 VS. Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. 'f-- i_ Pinnacle Health System f:JZrr? Of rc_S0n Cr i ?=??_ - ' O L ?.: - ,'.. - - - - - =-LS L'n.9 PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 r.?'-d&ptssi vliQ t??-i ri rliy -p= -n?iCaly.?(C^?c Cr??.i?; D".? I!'tJS =cnLGC'Erj !j', °?: - L r L j! Lr iDLd-l.e iQ T}IG Naliv IL1Sr..Ggl1E?L a 1:1C 3L7L 2S° LJL?r =b.O c u c i f Q1L ; _ 7 _w==C = Lh_c rC - o-.;ncblc C..USi 0_ a--- !}'?crOL?i t ttim i go L. C7 a?cN_1='0? - c - D-oC)LC rw fn- o t; tru„ or - - ! l - yoII f 3i1 t r r_. L! - thjapmr c ,mil eri ?, , l i5 SLIr?Opnc thin i ran / cS DaTt,''$CS'/i1,' tLuS SU- -po =_e 2Ly _,f fj l?l i •;JTf?r'L CO=n,= ^r ?? dd J`? ?_?1.? uTJ f=?tJf._I i:iA n TU nn 11 J-- __ tr='_Li 'J (?1 '-.I' --T '1 HF_: rF?U_ 1-c.Ql !.)`' Andrew Foulkrod, Esquire 0 I;a"-'5:.4.000 Market Street Camp Hill PA 17011 I_FT.FphCi? 717-909-7006 SUPRE-'. -p COLT ET 0- 7 7 3 9 4 _ Defense CDup -1: I rIp hGn? 2-;- Civil i ;'c; Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pinnacle Health System P.O. Box 8700 Harrisburg PA 17105 Attention: Radiology Films Library Subject: Flynn, Michael SS#: 9834 Date of Birth: 11/15/1950 Requested Items: Please remit! Complete copy of any and all diagnostic films and film lists from 11/15/1950 to present, including X-Rays, MRI, and CT scans. Michael Owen Flynn 10-50'70 VS. Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. JFe?d tick(`. - - Fy, 6 as /a y? -- -- DTOCIC? Pinnacle Health System 01 1 -PL.r-7P.-r?C..SriTr;n Z^ullr --c -r_?r,r J D-Qc= =rr: PLEASE SEE ATTACHED RIDER 101 Towne Square Way, Suite 251 Pittsburgh, PA 15227 ( '_Ld-rf--SS) Gll- CpE,icc 0- fhg ?r:r :r LIT, -,qtr 'L_ r? - - - J_ ?j?? -' - "Ca L h n a 4 ai v T_j; inc T-y 5:.?r? 3cSC h ab.GVc. fn _--hL 7 ci r+ scc? t. a I tS S lisic _ it ?uV=n_C i.4C _a-as'oa- r.c` hinc; _OL hr 017- bcz cr plc Of DICdti-cina I y'oL i3ij to =G+?LGc i'?:_ ?Gq rrr or -ininG-s rrn ri fir;; hi; <Lb-0?C -r n;n ciicr LS Sc ,i_.; -} - D i-lc('fJ1 dej° -pase.viDz -his Si by a 1=71 S - d rpll- Grj?_ c.G:nr_tl.,ino 1rnL _, rm Dl? -rte is LS Uhl I HE ??EQT ? .? rj;t/Ira's i'r IA4: jds?M: Andrew Foulkrod, Esquire ?J''PS? X000 Market Street Camp Hill PA, 17011 irEFhr?,?P: 717-909-7006 SUPPHj- COURT E) = 77394 -A I nPP{r'0P: Defense J .. - J1-vic?pr. Fn 7l j. , , Rider to Subpoena Explanation of Required Documents and Things TO: CUSTODIAN OF RECORDS FOR: Pinnacle Health System P.O. Box 8700 Harrisburg PA 17105 Attention: Billing Department Subject: Flynn, Michael SS#: 9834 Date of Birth: 11/15/1950 Requested Items: Complete copy of any and all itemized bills (include ICD9 & CPT codes) from 11/15/1950 to present, denials for inpatient and outpatient accounts, amount charged, amount paid by insurance or Medicare, amount written off, and any amount owed. MICHAEL OWEN FLYNN, PLAINTIFF V. AMY DENISE WANNER, BAYADA NURSES, INC., THOMAS ALLEN YOUNG, M.D., AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-5070 CIVIL TERM c rn co M r --4c) ORDER OF COURT, If IL AND NOW, this ,?d day of January, 2011, the status conference currently scheduled for February 14, 2011, is cancelled and rescheduled to commence on Monday, March 21, 2011, at 11:00 a.m., in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 01 Albert H. Masland, J. /Lisa M.B. Woodburn, Esquire 4503 North Front Street Harrisburg, PA 17110 For Plaintiff Andrew H. Foulkrod, Esquire 4000 Market Street Camp Hill, PA 17011 For Thomas Allen Young, M.D., and Susquehanna Internal Medicine Associates, P.C. Thomas M. Chairs, Esquire 425 North 21st Street Plaza 21, Suite 302 Camp Hill, PA 17011 For Amy Denise Wanner and Bayada Nurses, Inc. Ma?l? :saa ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: Iwoodburn@angino-rovner.com C ° >r- rn- Mrn < s. a© = i C') c Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. CV-10-5070 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ORDER AND NOW, this /1 day of 2011, the enclosed Joint Stipulation of Counsel is hereby approved. Therefore, it is ORDERED and DIRECTED as follows: 1. The close of fact discovery shall be October 30, 2011, unless otherwise mutually agreed to in writing (e-mail or otherwise) by counsel. 2. Plaintiff will provide Defendants with all expert reports on or before December 30, 2011. 3. Defendants will provide Plaintiff with all expert reports on or before March 1, 2012. 460190 4. Plaintiff will provide Defendants with rebuttal expert reports on or before March 15, 2012. 5. Defendants will provide Plaintiff with rebuttal expert reports on or before March 30, 2012. 6. All dispositive motions will be filed thirty (30) days of the exchange of rebuttal reports. 7. The case will be listed for trial in Spring 2012, by agreement of counsel, in Cumberland County Court of Common Pleas. BY THE COURT: DISTRIBUTION: See next page for Distribution List. 457762 DISTRIBUTION: ? Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 FAX (717) 238-5610 Ctf lwoodbum@a_ngino-rovner.com Counsel for Plaintiff Andrew H. Foulkrod, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 (717) 909-7006 ext. 4 FAX (717) 909-6955 andrew@foulkrod.com Counsel for Defendants, Thomas Allen Young, MD., and Susquehanna Internal Medicine / Associates, P. C. Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 425 North 21st Street Plaza 21, Suite 302 Camp Hill, PA 17011 (717) 731-4800 x3006 FAX (717) 731-4803 tchairs@dmclaw.com Counsel for Defendants, Amy Denise Wanner and Bayada Nurses, Inc. 457762 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: Iwoodburn@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW AMY DENISE WANNER; BAYADA NO. CV-10-5070 NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND MEDICAL PROFESSIONAL LIABILITY ACTION SUSQUEHANNAINTERNAL MEDICINE ASSOCIATES, P.C., JURY TRIAL DEMANDED Defendants JOINT STIPULATION OF COUNSEL FOR SCHEDULING ORDER It is hereby stipulated and agreed by and among all parties and their counsel that the following dates will apply in this matter: 1. The close of fact discovery shall be October 30, 2011, unless otherwise mutually agreed to in writing (e-mail or otherwise) by counsel; 2. Plaintiff will provide Defendants with all expert reports on or before December 30, 2011; 3. Defendants will provide Plaintiff with all expert reports on or before March 1, 2012; 460190 4. Plaintiff will provide Defendants with rebuttal expert reports on or before March 15, 2012; 5. Defendants will provide Plaintiff with rebuttal expert reports on or before March 30, 2012; 6. All dispositive motions will be filed thirty (30) days of the exchange of rebuttal reports; and 7. The case will be listed for trial in Spring 2012, by agreement of counsel, in Cumberland County Court of Common Pleas. (The Court Calendar is not yet published for 2012, once made public either the Court will affirm a trial term or all counsel will agree to a trial term. The Court Calendar will be published in the Fall of 2011) WHEREFORE, the parties respectfully request Your Honorable Court approve this Stipulation, and sign the enclosed Order accordingly. Respectfully submitted, ANGINO & ROVNER, P.C. n Date: / Lik M. B. Woodburn, Esquire ' PA I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 lwoodburn@angino-rovner.com Counsel for Plaintiff(s) 460190 CERTIFICATE OF SERVICE I, Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing Joint Stipulation of Counsel for Scheduling Order upon all counsel of record via postage prepaid first class United States mail addressed as follows: Andrew H. Foulkrod, Esquire Darlene K. King, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Counsel for Defendants, Thomas Allen Young, MR, and Susquehanna Internal Medicine Associates, P.C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 425 North 21 " Street Plaza 21, Suite 302 Camp Hill, PA 17011 Counsel for defendants, Amy Denise Wanner and Bayada Nurses, Inc. 0 // Date: 3/02 ' VC3 Mart' A. Manno, Legal Secre 460190 FOULKROD ELLIS Andrew H. Foulkrod, Esquire Attorney I.D. #77394 Darlene K. King, Esquire Attorney I.D. #75898 4000 Market Street Camp Hill, PA 17011 Phone: (717) 909-7006 Fax: (717) 909-6955 c??= + H? PRp Flt NOTARY 1011 JUN 27 PM 1: 17 CWPT%RLA#0 YC W VIA Attorneys for Defendants, Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C. Michael Owen Flynn, Plaintiff V. Amy Denise Wanner, Bayada Nurses, Inc., Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. CV-10-5070 MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPI.A1EtAN E TO THE PROTHONOTARY: Kindly withdraw the appearance of Darlene K. King, Esquire on behalf of Defendants, Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associ he above-captioned action. 7s?? Darl e K. m g, Esquire { Court I.D. No. 75898 M-S TO THE PROTHONOTARY: Kindly enter the appearance of Andrew H. Foulkrod, Esquire on behalf of Defendants, Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates, P.C., in the above-captioned action. Respectfully submitted, Date: FOULKROD ELLIS Professional Corpor t n By: Andrew H. oulkro , Esquire Court I.D. No. 77394 andrew ,foulkrod.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all lid--- counsel of record this o) (J day of 2012, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Lisa M.B. Woodburn, Esquire Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chi [cote, P.C. Plaza 21, Suite 3J2 425 North 21 St Street Camp Hill, PA 17011-3700 Attorneys for Defendants Amy Denise Wanner and Bayada Nurses, Inc. FOULKROD ELLIS PROFESSIONAL CORPORATION By: hl-O) `-?- -O) -.?. Crystal L. emetz, Secretary CP' (T PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. CAPTION OF CASE jentire caption must be stated in full/ Michael Owen Flynn (Plaintiff) VS. Thomas Allen Young, M.D. and Susquehanna Internal Medicine Assoc. o (Defendant) VS. r 1-r 2 er z - C" ca -.. (check one) ?E Civil Action - Law ? Appeal from arbitration ? (other) No. 10-5070 Civil Term The trial list will be called on 01/29/2013 and Pretrials will be held on 02/25/2013 (Briefs are due 5 days before pretrials) Trials commence on 02/25/2013 Indicate the attorney who will try case for the party who files this praecipe: Lisa M. Benzie, Esquire, Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110 Indicate trial counsel for other parties if known: Andrew H. Foulkrod, Esquire Darlene K. King, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 This case is ready for trial. Date: 12/18/2012 Signed: Print Name: isa M. Benzie Attorney for: Plaintiff Michael Owen Flynn ?a09. -)Spam Wua C 1537157.doc DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144(Fax) MICHAEL OWEN FLYNN, Plaintiff V. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants ATTORNEY FOR: DEFENDANTS AMY DENISE WANNER; BAYADA NURSES, INC. IN THE COURT OF COMMON PLEQ,:.$ OF CUMBERLAND COUNTY, = 4 PENNSYLVANIA r ~o -? s•' f*J NO. 10-5070 CIVIL ACTION - MEDICAL - JURY TRIAL DEMANDED MOTION TO DISMISS AMY DENISE WANNER AND.BAYA.DA NURSES. INC. AND NOW, comes Defendants, Amy Denise Wanner and Bayada Nurses, Inc., by and through their attorneys Dickie, McCamey & Chilcote, P.C. and files the within Motion to Dismiss and in support thereof avers as follows: 1. The Plaintiff initiated this civil action with the filing of a Complaint. The Plaintiff has named a physician and institutional Defendants in this medical malpractice action. 2. In the course of discovery, the parties have reached an agreement that provides for the voluntary dismissal of Amy Denise Wanner and Bayada Nurses, Inc. from this case. The Stipulation providing for the dismissal of Amy Denise Wanner and Bayada Nurses, Inc. is attached hereto as Exhibit "A". 3. Pursuant to the Stipulation of Counsel, Amy Denise Wanner and Bayada Nurses, Inc. respectfully request the Court enter an Order approving their voluntary dismissal from this case. WHEREFORE, Amy Denise Wanner and Bayada Nurses, Inc. respectfully requests this Court enter an Order approving of the dismissal of Amy Denise Wanner and Bayada Nurses, Inc. from this case and directing the Prothonotary to remove Amy Denise Wanner and Bayada Nurses, Inc. from the caption of this case. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. i i Date: February 21, 2013 By: 4 Thom M. Chairs, Esquire Supreme Court I.D. #78565 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Counsel for Amy Denise Wanner and Bayada Nurses, Inc. 2 EXHIBIT "A" 1419799.doc DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY: Thomas M. Chairs, Esquire AMY DENISE WANNER; BAYADA NURSES, INC. ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 Fax MICHAEL OWEN FLYNN, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-5070 AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D. AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED STIPULATION TO DISMISS AMY DENISE WANNER AND BAYADA NURSES. INC. ONLY IT IS HEREBY stipulated and agreed by and between counsel for all parties of record that Amy Denise Wanner and Bayada Nurses, Inc. are dismissed as parties to this litigation. It is further stipulated and agreed by and between counsel for all parties of record that at the trial of this case neither Defendant, Thomas Allen Young, M.D. nor Plaintiff, Michael Flynn will present testimony that Bayada Nurses, Inc. was negligent. Further, Plaintiff, Michael Flynn agrees he will not introduce any evidence or make any argument as to the delay or lack of response from Defendant, Thomas Allen Young, M.D. to Bayada or refusal of permission for wound clinic. Defendant, Thomas Allen Young, M.D. agrees not to elicit from Plaintiff's expert, Dr. Brewster opinions given against Bayada for any purpose or reference those criticisms or seek an apportionment of damages. Specifically, Defendant, Thomas Allen Young, M.D. agrees there will be no mention of Bayada on the Verdict Slip. ANGINO & ROVNER, P.C. By' ----_- isa enzie, Esquirc _ unsel for Plaintiff FOULKROD ELLIS, P.C. B: Andrew H. Foulkrod, Esquire; Counsel for Thomas A. Young, i1 D. and Susquehanna Internal Medicine Associates, P. C. DICKIE, MCCAMEY & C ' ,O/TE, P.C. BY:_ / If Th s M. C airs, Fsquire Counsel for Amy Denise Wanner and Bayada Nurses, Inc. 2 From:FOULKROD ELLIS 717 909 6955 01128/2013 13:23 #414 P.003/003 an apportionment of damages. Specifically, Defendant, Thomas Allen Young, M.D. agrees there will be no mention of Bayada on the Verdict Slip. ANGINO & ROVNER, P.C. By: Lisa M. Kenzie, Esquire Counsel for Plaintiff FOULKROD ELLIS, P.C. By: -- Andr If. - od, Esquire Counsel for Thomas A. l'oung, H. U. and Susquehanna Internal Medicine Associates, RC DICKIE, NICCAMEI' & Cl? O"FE, P.C. By: Th s C airs, Esquire Counsel for Amy Denise Wanner and Bayada Nurses, Inc. 2 CERTIFICATE OF SERVICE AND NOW, February 20, 2013, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Motion to Dismiss Amy Denise Wanner and Bayada Nurses, Inc. 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: Lisa M. Benzie, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Andrew H. Foulkrod, Esquire FOULKROD ELLIS, P.C. 4000 Market Street Camp Hill, PA 17011 (Counsel for Thomas A. Young, M.D. and Susquehanna Internal Medicine Associates, P.C.) Thomas M"Chairs, Esquire rt '?f'11 ?';` ANGINO & ROVNER, P.C. Lisa M. Benzie, Esquire Attorney ID#: 89397 Kristen N. Sinisi, Esquire Attorney ID# 311381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: Ibenzie@angino-rovner.com 13FEB 21 1-ill 2• .? , PENINSYLVA'II - ksinisi@angino-rovner.com Attorneys for Plaintiff MICHAEL OWEN FLYNN, Plaintiff v. AMY DENISE WANNER; BAYADA NURSES, INC.; THOMAS ALLEN YOUNG, M.D.; AND SUSQUEHANNA INTERNAL MEDICINE ASSOCIATES, P.C., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. CV-10-5070 MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINTIFF'S TRIAL EXHIBIT LIST Exhibit # Description of Item Bates Numbers MEDICAL RECORDS P-1 Susquehanna Internal Medicine Records 1-48 P-2 Ba ada Nurses 1-92 P-3 Ba ada Nurses (Plaintiff's signed copy) 251-369 P-4 Vascular Associates 1-21 DEPOSITION TRANSCRIPTS/EXHIBITS P-5 Deposition Transcript of Thomas Allen Young, M.D. 1-45 P-5(A) Video Deposition of Thomas Allen Young, M.D. (physical exhibit) P-6 Deposition Transcript of Am Denise Wanner 1-136 P-7 De osition Transcript of Michelle Olson 1-45 P-8 Deposition Transcript of Dr. Judith Cook, M.D. 1-23 P-8(A) Cook Deposition Exhibit 1 - Various Medical Records 1-21 P-8(B) Video Deposition of Dr. Judith Cook, M.D. (physical exhibit) EXPERTS P-9(A) Curriculum Vitae of Dr. David C. Brewster, M.D. 1-67 P-9(B) 05/23/12 Expert Report of Dr. David C. Brewster, M.D. 1-3 P-10(A) Curriculum Vitae of Dr. John Flynn, M.D. 1-20 518662 P-10(B) 02/28/12 Expert Report of Dr. John Flynn, M.D. 1-3 P-10(C) 12/15/12 Supplemental Expert Report of Dr. John Flynn, M.D. 1 Respectfully submitted, ANGINO & ROVNER, P.C. Lid M. BenzieVEsquire PAID. No. 89397 Kristen N. Sinisi, Esquire PA I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 ksinisi@angino-rovner.com lbenzie@angino-rovner.com Counsel for Plaintiff(s) Date: February 21, 2013 518662 CERTIFICATE OF SERVICE I, Katelyn Helman, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing Plaintiffs Trial Exhibit List upon all counsel of record via E-mail and postage prepaid first class United States mail addressed as follows: Andrew H. Foulkrod, Esquire Darlene K. King, Esquire Foulkrod Ellis, P.C. 4000 Market Street Camp Hill, PA 17011 Counsel for Defendants, Thomas Allen Young, AID., and Susquehanna Internal Medicine Associates, P. C. Katel Helman, Paralegal Date: February 21, 2013 518662 k- FOULKROD ELLIS i, E FR 0TN0NOTA Ptq#e e"d e-on w c Andrew H. Foulkrod, Esquire 2013 MAR 15 PH 1: 3 4 Attorney I.D.#77394 4000 Market Street CUMBERLAND COUNTY Camp Hill, PA 17011 PENNSYLVANIA Phone:(717)909-7006 Fax: (717)9094955 Attorneys for De%ndants, Thomas Alien Young,M.D.and Susquehanna Internal Medicine Associates,P.C. Michael Owen Flynn, COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW Amy Denise Wanner, Bayada Nurses, Inc.,Thomas Allen Young, M.D.and No. CV-10-5070 Susquehanna Internal Medicine Associates, P.C., Defendants MEDICAL MALPRACTICE URY TRIAL DEMANDED ?y. TO THE PROTHONOTARY: Kindly enter Judgment in favor of Defendants,Thomas Allen Young, M.D. and Susquehanna Internal Medicine Associates,P.C.,and against Plaintiff,Michael Owen Flynn, pursuant to the Jury Verdict entered February 28, 2013. Respectfully submitted, FOULKROD ELLIS Profes onal 6'T oration DATE: 3��� I3 By' Andr H. F od,Esquire Court I.D. No. 77394 doojv� T.,_ 1, :. n1A I /Pj CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all fh counsel of record this / day of t4a-.r cjn 2013,by depositing said copy in the United States Mail at Camp Hill, Pennsylvania,postage prepaid, first class delivery, and addressed as follows: Lisa M.Benzie, Esquire Angino&Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 FOULKROD ELLIS PROFESSIONAL CORPORATION By: Christina W. Shaffer,-Paralegal