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HomeMy WebLinkAbout01-7228CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs Ve JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Ho. Ol--- CIVIL DIVISION - LAW 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 a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs We JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OI- CIVIL DIVISION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COME the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and set forth the following Complaint. 1. The Plaintiffs are adult individuals, husband and wife, who reside at 1309 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Jeffrey Sedlack, M.D. is an adult individual who at all times relevant hereto held himself out as a general surgeon and maintained his office at 220 Wilson Street, Suite 204, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Carlisle Hospital and Health Services is a corporation having its principal office located at 246 Parker Street, Carlisle, Cumberland County, Pennsylvania. 4. On or about November 20, 2000, Plaintiff Cyrus Greenberg was a patient at the Carlisle Hospital Surgical Center on Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania where he was scheduled to undergo double hernia surgery by Defendant Sedlack. 5. At the time that Plaintiff entered Carlisle Hospital Surgical Center he was in good mental and physical health with the exception of the double hernia condition for which Dr. Sedlack was going to perform surgery. 6. During the morning of November 20, 2000, Dr. Sedlack performed laparoscopic left inguinal hernia repair and laparoscopic right inguinal hernia repair upon Plaintiff Cyrus Greenberg. 7. During the course of the aforementioned surgery, Defendant Sedlack nicked the inferior epigastric vessel and attempted to repair said injury. 8. Following the completion of the surgery, Defendant Sedlack did not inform the Plaintiffs that he had injured the inferior epigastric vessel, nor did he advise anyone on the hospital staff of said injury. 9. Defendant Sedlack, following completion of the surgery, left an order for Plaintiff Cyrus Greenberg to be discharged and did not personally examine Plaintiff. 10. During the afternoon of November 20, 2000, an employee of Defendant hospital called Louise Greenberg to come and take her husband home. 11. When Louise Greenberg arrived at the recovery room, she found her husband to be in a very weak condition, and he complained of being lightheaded and groggy. Plaintiff could barely stand up and walk, and the nurse advised that this was due to his blood pressure being low and that it would get better with time. 12. After Plaintiff returned to his home, he was placed in bed and at that point in time wanted to continually sleep. At approximately 10:30 p.m. on November 20, 2000, Louise Greenberg discovered that Cyrus Greenberg was bleeding internally and blood was oozing from his incisions. 13. Louise Greenberg called 911 for an ambulance, and the ambulance was dispatched and took Cyrus Greenberg to the emergency room at Carlisle Hospital. 14. Upon arrival at the emergency room, Cyrus Greenberg was in shock and thus suffered a heart attack. 15. In addition to sustaining a heart attack as a result of the hypotension that he had resulting from the complications of surgery, Plaintiff has also sustained cognitive losses and has undergone extensive medical treatment to attempt to rehabilitate him to his pre-November 20, 2000 state of health. 16. Plaintiff has incurred medical expenses and will continue to incur medical expenses in the future to treat his condition. 17. Plaintiff has undergone great pain and suffering and will continue to undergo pain and suffering in the future. COUNT I CYRUS GREENBERG v. JEFFREY 8EDLACK, M.D. 18. Plaintiff incorporates herein by reference paragraphs 1 through 17. 19. Defendant was negligent in causing the injuries and damages sustained by the Plaintiff in that he: a. negligently cut Plaintiff's inferior epigastric vessel; b. negligently repaired the injury to Plaintiff's inferior epigastric vessel; c. failed to disclose to the Plaintiffs that the inferior epigastric vessel had been injured during surgery; d. failed to alert the nursing staff to the possibility that Plaintiff may have bleeding, and to observe Plaintiff for any signs or symptoms of bleeding prior to his discharge; and e. failed to personally examine the Plaintiff before discharge when he had knowledge that Plaintiff had undergone a complication during surgery. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. COUNT II LOUIBB GRBENBERG v. JEFFREy BEDLa~K, M.D. 20. Plaintiff incorporates herein by reference paragraphs 1 through 19. 21. Solely as a result of the negligence of the Defendant, and resulting injuries to her spouse, Plaintiff Louise Greenberg 4 has been deprived of the assistance, companionship and consortion of her husband, all of which has been to her great loss and detriment, and said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. ~0~ III CYRU~ GREBNBERG v. ~EFFREY H~D?.%CK, M.D. 22. Plaintiff incorporates herein by reference paragraphs 1 through 21 of this Complaint as though they were fully set forth at length. 23. Defendant failed to obtain an informed consent for the surgical procedure that he performed upon Plaintiff, and accordingly, Defendant committed a battery upon the Plaintiff and his responsible for all injuries and damages which Plaintiff sustained. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. 5 COUNT ~V CYRUH GREENBERG v. ~8LE HOHP~TAL an~ HEALTH SERViCe:: 24. Plaintiff incorporates herein by reference paragraphs 1 through 23 of this Complaint as though they were fully set forth at length. 25. Defendant Carlisle Hospital, acting through its agents, servants and employees, was negligent in the care and treatment of the Plaintiff in that they: a. discharged Plaintiff from the surgical care center when they knew, or should have known, by reason of Plaintiff,s condition, that something was wrong with the Plaintiff that would contradict his being discharged; b. failed to call the attending surgeon or other physician to notify them of Plaintiff,s condition immediately prior to his discharge; c. failed to take proper precautions to prevent the Plaintiff from falling and injuring himself, which he in fact did while under the care of the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. Respectfully submitted, WIX, WENGER & WEIDNER Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: I, Cyrus Greenberg, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: ~_/D~/0{ Cyrus Greenberg sHERIFF'S RETURN - REGULAR CASE NO: 2001-07228 P COMMONWEALTH OF PENNSYLVANIA: coUNTY OF cUMBERLAND GREENBERG CYRUS ET AL VS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the sEDLACK JEFFREY MD ET AL BRIAN BARRICK cumberland county,pennsylvania, says, the within COMPLAINT & NOTICE CARLISLE HOSPITAL AND HEALTH SERVICES DEFENDANT , at 0835:00 HOURS, on the _3ri day of Januar____~Y _, at 246 pARKER STREET by handing to CARLISLE, PA 17013 sUSAN DAVIS, BENEFIST MANAGER together with 2002 a true and attested copy of COMPLAINT & NOTICE and at the same time directing ~er attention to the contentS thereof. Sheriff's CostS: 6.00 Docketing 3.25 Service .00 Affidavit 10.00 Surcharge .00 19.25 sworn and Subscribed to before me this ~ day of So Answers: R Thomas Kllne Ol/O4/2oo2 ~De~uty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-07228 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENBERG CYRUS ET AL VS SEDLACK JEFFREY MD ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEDLACK JEFFREY MD the DEFENDANT , at 220 WILSON STREET CARLISLE, PA 17013 at 0828:00 HOURS, on the 3rd day of January SUITE 204 by handing to PENNY SHERIFF, NURSE , 2002 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 25 00 10 00 00 31 25 Sworn and Subscribed to before me this ~ day of ~~ ~,L A.D. / ! Prothonotar~ w , So Answers: R. Thomas Kline 01/04/2002 WIX WENGER WEIDNER Depat[;' S eri MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Fax: [717] 975-8124 Attorney for Defendant= E-Mail: mbadowski~margolisedelstein.com JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE :IN THE COURT OF COMMON PLEAS GREENBERG, His Wife, Plaintiffs, VS. JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :CUMBERLAND COUNTy, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 7228 CIVIL TERM 2001 :JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEAR.~Nc~ TO THE PROTHONOTARY OF CUMBERLAND COUNTy, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Sedlack, M.D., in the above-captioned matter. Jeffrey ~ICHAEI · ~ADOWSKI, Esquire Attorney for Defendant, JEFFREY SEDLACK, M.D. CERTIFICATE OF SERVICE of I HEREBY CERTIFY that I served a true and correct copy the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, postage prepaid, on the '~ day of ~~ addressed as follows: first-class , 2002, and Richard H. Wix, Esquire WIX, WENGER & WEIDner 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Carlisle Hospital and Health Services Attn: Risk Management Department 246 Parker Street Carlisle, PA 17013 MARGOLIS EDELSTEIN 1045359.1 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01-7228 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly enter the appearance of Barley, Snyder, Senft & Cohen, LLC, by Kendra D. McGuire, Esquire and David A. Warren, Esquire on behalf of Defendant Carlisle Hospital and Health Services. Please serve all papers at 126 East King Street, Lancaster, PA 17602. Date: BARLEY, SNYDER, SENFT~ COHEN, LLC l~endra'D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 1045359.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the foregoing Praecipe has been served this /b ~'~day of January, 2002, by first class mail, postage prepaid, upon: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Jeffrey Sedlack, M.D. Suite 204 220 Wilson Street Carlisle, PA 17013 David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services COHEN, LLC 126 East King S~eet Lancaster, PA 17602-2832 (717) 299-5201 Cou~ I.D. No. 50919 Court I.D. No. 84105 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREEN-BERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01-7228 JURY TRIAL DEMANDED NOTICE TO PL.__EAD TO: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: BARLEY, SNYDER, SENFT & COHEN, LLC By: ~ ' Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 1045360.1 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01-7228 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT CARLISLE HOSPITAL AND HEALTH SERVICES 1-2. Denied pursuant to Rule 1029(e). 3. Admitted. 4-17. Denied pursuant to Pa. R.C.P. 1029(e). COUNTI CYRUS GREENBERG v. JEFFREY SEDLACK, M.D. 18-19. These allegations are directed to a Defendant other than Answering Defendant. In so far as a further response is necessary, these allegations are denied pursuant to Pa. R.C.P. Rule 1029(e). COUNTII LOUISE GREENBERG v. JEFFREY SEDLACK, M.D. 20-21. These allegations are directed to a Defendant other than Answering Defendant. In so far as a further response is necessary, these allegations are denied pursuant to Pa. R.C.P. Rule 1029(e). 1045360.1 COUNT III CYRUS GREENBERG v. JEFFREY SEDLACK, M.D. 22-23. These allegations are directed to a Defendant other than Answering Defendant. In so far as a further response is necessary, these allegations are denied pursuant to Pa. R.C.P. Rule 1029(e). COUNT IV CYRUS GREENBERG v. CARLISLE HOSPITAL AND HEALTH SERVICES 24. Answering Defendant incorporates herein by reference its answers to Paragraphs 1 through 23 of Plaintiffs' Complaint. 25. Denied. This allegation is denied pursuant to Pa. R.C.P. 1029(e). It is denied that Answering Defendant was negligent or breached the standard of care. To the contrary, Answering Defendant acted reasonably and appropriately. Plaintiffs do not identify who, they believe, were the negligent agents, servants or employees and, therefore, Answering Defendant cannot further respond. Answering Defendant demands that Plaintiffs identify Answering Defendant's alleged agents, servants and employees. WHEREFORE, Answering Defendant requests that judgment be entered in its favor and against Plaintiffs. NEW MATTER Answering Defendants hereby raise the following New Matter pursuant to Pennsylvania Rules of Civil Procedure 1026, 1030 and 1032: 26. Plaintiffs have failed to state a claim upon which relief may be granted. 1045360.1 2 27. Discovery and investigation may reveal that Plaintiffs' claims are barred and/or limited by the applicable Statute of Limitations. 28. At all times material hereto, Answering Defendants provided full, complete, proper, reasonable and adequate medical care and treatment in accordance with applicable standards of care. 29. No conduct on the part of Answering Defendants was a substantial factor in causing or contributing to any harm alleged by Plaintiffs. 30. The negligent acts or omissions of other persons and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged by Plaintiffs. 31. The incident, injuries and/or damages alleged to have been sustained by Plaintiffs were not proximately caused by Answering Defendants. 32. It is believed, and therefore averred, that discovery will show that Plaintiff, Cyrus Greenberg, was negligent and that his negligence exceeded the negligence, if any, of the Answering Defendants, thereby bamng recovery by operation of the Pennsylvania Comparative Negligence Act. 33. It is believed, and therefore averred, that discovery will show that Plaintiff, Cyrus Greenberg, was negligent and that by virtue of his negligence, Plaintiffs' claims may be limited by the operation of the Pennsylvania Comparative Negligence Act. 34. It is believed, and therefore averred, that discovery will show that Plaintiff, Cyrus Greenberg, voluntarily assumed a known risk, thereby barring recovery by operation of the doctrine of Assumption of the Risk. 35. Plaintiffs may not have properly mitigated their damages. 1045360.1 3 36. Plaintiff, Cyrus Greenberg's alleged injuries, if any, were sustained as a result of natural or unknown causes and not as a result of any action or inaction on behalf of Answering Defendant. 37. If Plaintiffs suffered any of the damages alleged in the Complaint, the damages were caused by the conduct of others over whom Answering Defendant had no control or fight of control. 38. All physicians rendering medical care or treatment to Plaintiff, Cyrus Greenberg, were independent contractors in relation to Answering Defendant and were not the agents, apparent agents, servants or employees of Answering Defendant. 39. Insofar as any agent, servant or employee of Answering Defendant or any person for whom Answering Defendant is or may be vicariously liable, selected a treatment modaiity which is recognized as proper but may differ from another appropriate treatment modality, then Answering Defendant raises the "two schools of thought" defense. 40. Plaintiffs may have entered into a release with other persons with the effect of discharging Answering Defendant or reducing the amount of liability or judgment against Answering Defendant in this action. 41. Plaintiffs' claims are barred in full or in part to the extent that the doctrines of res judicata or collateral estoppel apply to this action. 42. The injuries alleged to have been sustained by Plaintiff, Cyrus Greenberg, were caused by the underlying disease process and not from any negligence on the part of Answering Defendant. 1045360.1 4 WHEREFORE, Answering Defendant demands that Plaintiffs' Complaint against it be dismissed with prejudice and judgment be entered in favor of Answering Defendant and against Plaintiffs on all claims. Date: BARLEY, SNYDER, SE~FT & COHEN, LLC Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 1045360.1 VERIFICATION I, Mary E. Clever, verify that I am the Executive Director of the Carlisle Area Health and Wellness Foundation, and that as such I am authorized to execute this Verification. The foregoing Answer and New Matter is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belie£ To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. CARLISLE AREA HEALTH AND WELLNESS FOUNDATION Mary E. C~ver -- Executive Director Date~ ,~,~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter was served this 4~ prepaid, upon the following: · day of ~/ Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 ,2002, by first class mail, postage Jeffrey Sedlack, M.D. Suite 204 220 Wilson Street Carlisle, PA 17013 BARLEY, SNYDER, SElX~T & COHEN, LLC Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 1045360.1 MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. NO. 32646 MARaOLIS EDELSTEIN 3510 Trindle Road Ca~ Hill, Pennsylvania 17011 Telephone Fax: E-Mail: [717] 975-8114 [717] 975-8124 ~adowski~rgolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO. 7228 CIVIL TERM 2001 :JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Cyrus Greenberg and Louise Greenberg, c/o Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 Attorney for Plaintiffs His Wife, Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: BY:MMA~ AttorM JEFFRE] ~/ BADOWSKI, Esquire ~y for Defendant, SEDLACK, M.D. MICF~%EL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~rgolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, vs. JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - L4~W :NO. 7228 CIVIL TERM 2001 :JURY TRIAL DEM32q'DED ANSWER AND NEW MATTER OF DEFENDANT, JEFFREY SEDLACK, M.D. TO PLAINTIFFS' COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. While it is admitted that Plaintiff-Husband entered Carlisle Hospital Surgical Center with no medical condition which would prevent him from undergoing a bilateral inguinal hernia repair, he did suffer, at that time, from hypertension and elevated cholesterol level. These conditions were being controlled with medication. Additionally, Plaintiff-Husband was taking a daily baby aspirin, prophylactically, and was a smoker of three-quarters (3/4) pack of cigarettes per day. 6. Admitted. 7. Denied as stated. The inferior epigastric vessel was ligated and sutured in the course of the procedure and excellent hemostasis was established. 8. Denied. After Husband-Plaintiff,s admission to the Carlisle Hospital the ligature of the inferior epigastric vessel was discussed with the Plaintiffs and it was specifically mentioned in Dr. Sedlack's Operative Report. 9. Denied as stated. By way of further answer, following completion of the surgery, Plaintiff-Husband was taken to the Post Anesthesia Care Unit from which he was then discharged in satisfactory condition. 10. Denied. After reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 11. Denied. After reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 12. Denied. without knowledge to the truth of the averments therefore, they are denied. After reasonable investigation, Dr. Sedlack is or information sufficient to form a belief as contained in this paragraph and, -2- 13. Admitted in part and denied in part. It is admitted that Plaintiff-Husband was transported to Carlisle Hospital Emergency Department by ambulance. With respect to all other allegations, after reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 14. Admitted in part and denied in part. Upon review of the records, it does appear that Plaintiff-Husband upon arrival at Carlisle Hospital Emergency Department was in shock. With respect to the fact that such condition ~caused" a heart attack, after reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 15. Denied. The answer contained in paragraph 14 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, with respect to any allegation that Plaintiff-Husband has sustained ~cognitive losses" which have required additional medical treatment, after reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 16. Denied. After reasonable investigation, Dr. Sedlack is -3- without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 17. Denied. After reasonable investigation, Dr. Sedlack is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. COUNT I Cyrus Greenberq v. Jeffrey Sedlack, M.D. 18. The answers contained in paragraphs 1 through 17 hereof are incorporated herein by reference as if set forth in their entirety. 19. a-e. Denied. The allegations contained in this paragraph and sub-paragraphs recite legal and medical conclusions to which no response is necessary. By way of further answer, however, Dr. Sedlack specifically denies any allegation or implication that any conduct on his part was negligent. To the contrary, at all times relevant hereto Dr. Sedlack acted in a fashion commensurate with acceptable standards of surgical care. Dr. Sedlack did not negligently cause or negligently contribute to cause any injury or damage to Plaintiffs. WHEREFORE, Defendant, Jeffrey Sedlack, M.D., demands judgment in his favor and against Plaintiffs. -4- COI/NT II Louise Greenberq v. Jeffrey Sedlack, M.D 20. The answers contained in paragraphs 1 through 19 hereof are incorporated herein by reference as if set forth in their entirety. 21. Denied. The answer contained in paragraph 19 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, at all times relevant hereto Dr. Sedlack acted in a fashion commensurate with acceptable standards of surgical care. Dr. Sedlack did not negligently cause or negligently contribute to cause any injury or damage to Plaintiffs. WHEREFORE, judgment in his Defendant, Jeffrey Sedlack, M.D., demands favor and against Plaintiffs. 22. The answers contained in paragraphs 1 are incorporated herein by reference as if set COUNT III Cyrus Greenberq v. Jeffrey Sedlack, M.D through 21 hereof forth in their entirety. 23. state a way of further answer, Plaintiffs, Complaint, Denied. The allegations contained in this paragraph legal conclusion to which no response is necessary. By prior to the surgery referenced in Dr. Sedlack did secure Plaintiff-Husband's -5- informed consent. WHEREFORE, Defendant, Jeffrey Sedlack, M.D., judgment in his favor and against Plaintiffs. demands Cyrus 24. The answers contained in paragraphs 1 are incorporated herein by reference as if set entirety. 25. a-c. COUNT IV Greenberq v. Carlisle Hospital and Health Service~ through 21 hereof forth in their The allegations contained in this paragraph are directed to parties other than Dr. Sedlack. Accordingly, and upon advice of counsel, no answer on the part of Dr. Sedlack is required. WHEREFORE, Defendant, Jeffrey Sedlack, M.D., demands judgment in his favor and against Plaintiffs. NEW MATTER 26. The answers contained in paragraphs 1 through 25 hereof are incorporated herein by reference as if set forth in their entirety. 27. To the extent applicable or to the extent that it may later become applicable, Dr. Sedlack pleads the statute of limitations referable to personal injury accidents in Pennsylvania to preserve this affirmative defense for the record. -6- 28. To the extent discovery reveals, Dr. Sedlack pleads Plaintiff-Husband.s contributory negligence and/or assumption to risk to preserve these affirmative defenses for the record. 29. Plaintiffs fail to state a cause of action cognizable under Pennsylvania law with regard to Dr. Sedlack. 30. To the extent that Plaintiffs have sustained any injury or damages as alleged in their Complaint, the allegations being specifically denied, any such injury or damage was as a result of the acts or omissions of third persons, other than Dr. Sedlack, and for whom Dr. Sedlack is in no way responsible or liable. WHEREFORE, Defendant, Jeffrey Sedlack, M.D., demands judgment in his favor and against Date: Plainti/ffs'/ . ..... ,, ~ MICHAEL M. BA~DOWSKI, Esquire Attorney for Defendant, JEFFREY SEDLACK, M.D. -7- VERIFICATION I, JEFFREY SEDLACK, M.D., state that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: JEFFREYUSEDLACK, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, postage prepaid, on the ~ day of addressed as follows: Pennsylvania, first-class Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Carlisle Hospital and Health Services Attn: Risk Management Department 246 Parker Street Carlisle, PA 17013 MARGOLIS EDELSTEIN S~cretar~ ~ CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW JURY TRIAL DEMANDED UmDLy OF pT.aTMTIPFS TO NEW MATTER OF DBFm~naWT JBFFRBY BBDLACK, M.D. AND NOW comes the Plaintiffs, by their attorneys, Wix, Wenger & Weidner and make the following reply to Defendant's New Matter. 26. Denied. 27. Denied. 28. Denied. 29. Denied. 30. Denied. Respectfully submitted, WIX, WENGER & WEIDNER Dated: c~/~/0~- Richard H. Wix, Esq., ID# 07274 Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 VERIFICATION I, Cyrus Greenberg, have read the foregoing Reply of Plaintiffs to New Matter of Defendant Jeffrey Sedlack, M.D. that has been drafted by my counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. This verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: / / 09-- Cyrus~reenberg ~ CERTIFiCaTE OF BERV~CE AND NOW, this 20th day of February, 2002, I, Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Reply of Plaintiffs to New Matter of Defendant Jeffrey Sedlack, M.D. this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael M. Badowski, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Kendra D. McGuire, Esquire David A. Warren, Esquire Barley, Snyder, Senft & Cohen 126 East King Street Lancaster, PA 17602-2893 WIX, WENGER & WEIDNER Richard H. Wix, Esq., I.D. Attorneys for Plaintiffs 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 #07274 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CYRUS M. GREENBERG -VS- CARLISLE HOSPITAL & HEALTH SEP. VICES,ETAL COURT OF COM~ON PLEAS TERM, CASE NO: 01-7228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of KENDRA D. MCGUIRE, ESQ. 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: 03/1212002 MCS on behalf~-of-- KENDEA D. MCGUIRE, ESC~. Attorney for DEFENDANT DEll-315595 8 5 1 0 5 --LO 1 COb,IIvlOMALTH OF PENNSYLVANIA COUNTY OF CI31VlBERLAND IN THE MATTER OF: CYRUS M. G1AEENBERG -VS- CARLISLE HOSPITAL & HEALTH SERVICES,ETAL COURT OF COF~i0N PLEAS TERM, CASE NO: 01-7228 NO~ICE OF Il~TgNT TO SERVE A SUBPOENA TO PRODUCE DOCUmENtS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 LARYY RANKIN, M.D. RECORDS TO: RICHARD WIX , ESQ. HICHAEL BADOWSKI, ESQUIRE MCS on behalf of KENDRA D. HC~UIRE, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have t~enty (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. Cmaplete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 02J19/2002 CC: KENDRA D. MCGUIRE, ESQ. - 15071-151 HCS on behalf of ~NDRA D. MCGUIRE, Esq. Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 HARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-178664 85105--C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENBERG : VS CARLISLE HOSPITAL & HEALTH SERVICES, ETA~ File No. 01-7228 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: LARRY S. RANKIN, M.D. (Name of Per, on or Entity) Within twenty (20) days after service of this subpoena, you are ordered b the court to produce the following documents or things: SEE ATTAC~ED at MCS GROUP INC., 1601 MARKET ST, #800, PHILA,PA 19103 (Addren$) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copie~ or producing the things sought. If you fail to produce the documents or thing~ required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: KENDRA D. MCGUIRE, ESQ. ADDRESS: 126 EAST KING ST. LANCASTER, PA 17602 TELEPHONE: 215-246-0900 SUPREME COURT ID #: AI'rORNEY FOR: DEFENDANT BY ~I~IE COURT: "~ . ~ DATE: Prothonotary./~ler~. Clv~"'~ion Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LARYY RANKIN, M.D. MASLAND ASSOC. INC.//109 220 WILSON STREET CARLISLE, PA 17013 RE: 85105 CYRUS M. GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CYRUS M. GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SU10-356666 8/5,10~--L01 , . c.~ t~ ~t3 c~ (.5 CERTIFICATE PREHEQUISITE TO SER¥ICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CYRUS GREENBERG COURT OF CO~40N PLEAS TERM, SEBLACK -VS- CASE NO: 2001-7228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE 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 sou§hr 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: 03/19/2002 Attorney for DEFENDANT DEll-323451 85746--L01 CO~OS~ALTH OF PENNSSVANIA COUNTY OF CI3~BERLAND IN THE MATTER OF: CYRUS GREENBERG SEBLACK -VS- COURT OF COMMON PLEAS TERM, CASE NO: 2001-7228 NO~ICE OF II~T~.NT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND FOR DISCOVERY PURSUANT TO RULE 4009.21 MASLAND ASSOCIATES, INC. MOFFITT, PEASE & LIN ASSOC. MEDICAL P,.ECORD S MEDICAL EECO~DS TO: RICY/D l/IX , ESQ. K~DRA D. HCGUIRE, ESQ. MCS on behalf of MICWaRL BADOWSKI, 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. Complete copies of any reproduced records may be ordered at your expense by completin§ the attached counsel card and returninE same to HCS or by cuntactinE our local HCS office. DATE: 02/26/2002 CC: HICHAEL BAD0~KI, ESQUIRE WiLL IAH BOLTZ - 573004.4-00128 - 573004.4-00128 HCS on behalf of HIC~A~. BADOWSKI, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179333 85746--C03 _COMMONWEALTH OF PE~$YLVANL% C. 0UNTY OF CUMBERL.~ND GREENBERG : VS : SEDLACK : File No. 2001-7228 SUBPOENA TO PRODUCE DOCI~FS OR TI-IINGq FOR DISCOVERY PURSUA.N-r TO RULE ~2X)9 TO: CUSTODIAN OF RECORDS FOR: MASLAND ASSOCIATES, INC. rhin~ ' MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may. de~'ev or ma~l e~b · copies of tho documents or p~duce t~ ~a~ted ~. t~ $ubp~ together with the ldv~ce, the ~uonlble e~t of prep~nS the copifl or producia~ the ~ ~L you fi~] to ~oduce the documents or thJnSs required by this subpoena, w'ithiz~ t'wenn/(.~n) days ~ter its service, the p.u? sec.'ins t~s s~bpoena ma)' sesk 41 cmirt order compellin$ )'ou to comply with i~ THIS SL'BPOE='NA WAS ISSUED AT THE REQUE~r OF ~ FOLLOWING PERSON: .~AM~' MICHAEL BADOWSKI t ESq. ADDRES.~: 3510 TRINDLE RD. CAMP HILL, PA 17011 TEi. Ei~HO.~.-. 215-246-0900 SI~PREM£ COUI~T ID SeiJ of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MASLAND ASSOCIATES, INC. 220 WILSON STREET SUITE 109 CARLISLE, PA 17013 RE: 85746 CYRUS GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatm~lt. Dates Requested: up to and including the present. Subject: CYRUS GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security ~.- I38-30-5256 Date of Birth: 11-28-1925 SU10-357934 8~746--L01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CYRUS GREENBERG SEBLACK -VS o COURT OF C0~940N PLEAS TERM, CASE NO: 2001-7228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE 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: 03/19/2002 MCS on behalf of MICHAEL BADOWSKI, ESQUIRE Attorney for DEFENDANT DEll-317277 8 5 7 4 6--L02 C OPIPIO N-w ~-:~. ! -TH OF PENN S ~fI.V~IA COUI~TY OF CIJlW_]~ERJ~I~D IN THE MATTER OF: CYRUS GKEENBERG SEBLACK -VS- COURT OF CO~4ON PLEAS TERH, CASE NO: 2001-7228 NO~ICE OF IN~ENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND %~{INGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HASLAND ASSOCIATES, INC. MOFFITT, PEASE & LIH ASSOC. MEDICAL '~ECORDS MEDICAL RECORDS TO: ~ENDRA D. MCGUIRE, ESQ. ItICBARD ~ , ESQ. HCS on behalf of HICHA~ BADOWSKI, 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 belo~ in ~hich to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is weived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02/26/2002 CC: MIC~t~L nAnO~SKI, ESQUIRE WILLIAM BOLTZ - 573004.4-00128 - 573004.4-00128 MCS on behalf of MICHAEL BADO~SKI, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET ;800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-179334 85746--C03 _COMMONWEALTH OF PE~$YLVANIA COUNTY OF CUMBERL-L.ND GREENBERG VS SEDLACK File No. 2001-7228 TO: SUBPOENA TO PRODUCE DO~'TS OR THINGq FOR DISCOVERY PURSUA.N'T TO RULE 4009 CUSTODIAN OF RECORDS FOR: MOFFITT,PEASE AND LIM thinss: ' . at MCS GROUP INC., 1601 MARKET ST., #800, PHILA.,PA 19103 You may doit-er or m~il lo, bio copies of the doc~mont~ or produce t~ I~que~ed b.v fi.is subpoena, together with the certificate o..' compliance, ro the pa~? real,ins this request at the &dda.,~ 1L~ed above. You have the risht to seek,, in advance, the ~uonable cost oit ptep~ns the copiel ot producins the thinl~ I~a~t. If you f~il to ~oduce the dm:umonts or thin~ required by this sub,ha. ~'itl-.in n~en~ (~0) days .xfter its service, the patty. sen'ins t.~is s~poena may seek a cma't order compellin$ you to comply with it. THIS SL~POENA WAS ISSUED AT THE REQUEST OF ~ ~-OLLOWING PERSON: NAM~ H/GI-IAEL BADO~SKI. ESO. ADDR.rr.S$: 3510 TRINDLE RD. CAMP HILL, PA 17011 T£L£PMON~ 215-246-0900 SUPREME COURTID ~ ATTOKNEYFOi~ n~n~u~ Seal o~ the Com't 7/9/") EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MOFFITF, PEASE & LIM ASSOC. 1000 N. FRONT STREET WORMLEYSBURG, PA 17043 RE: 85746 CYRUS GREENBERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject: CYRUS GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security ~ 138-30-5256 Date of Birth: 11-28-1925 SU10-357936 857 4 6 --LO2 CERTIFICATE PREREQUISITE TO SEF, VICK OF A SUBPOENA PU~UANT TO RULE 4009.22 IN THE MATTER OF= CYRUS GREENBERG & LOUISE GREENBERG, H/W COURT OF CO~40N PLEAS TERM, -VS- JEFFREY SEDLACH,MD., ET AL CASE NO: 2001-7228 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI~ ESQUIRE 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: 10/07/2002 MCS on behoof MICHAEL BADOWSKI~ ESQUIRE Attorney for DEFENDANT DEll-364621 857 4 6--L0 3 COFIFIOIq~;~,T-TH OF PEIql~SI'I~V~?~. 'COI/lqTY OF CI.~V~El IN THE HATTER OF: CYRUS GREENBERG'& LOuisE GR~a~BERG, H[W -VS- JE~ SEDLACH,MD., ET AL COURT OF CO~ON PLEAS CASE NO: 2001-7228 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND Tu~NGS FOR DISCov~ t.'Ut~UA.NT TO k~,~ 4009.21 MEDICAL C~TEH MED~nAI. RECORDS & HOSPITAL BILL TO: KENDRA D. MCGUIRE, ESQ. HIC~ARn W~X , ESQ. ~CS on behalf of MIC~A~. BADOWSKI~ ESquiRE intends to serve a subpoena identical to the one ~hAt is attached to this notice. You have tw%~ty (20) days. £rom the date listed belme in which to file of record and serve upon the undersi~ned an objection to the subpoena. IE the twenty day notice period ~s- ws~ved or ~f no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completin8 the attached counsel card and returnin8 same to MCS or by contactinS our local MCS office. DATE: 09J17/2002 CC: MICga~. BADOWSKI, ESQuiRE ~LLTAH BOLTZ HCS on behalf of °HICgA~. BAD0WSKI~ ESquiRE Attorney for DF~DANT - 573004.4-00128 - 573004.4-00128 Any questions resardin$ this matter, contact THE MCS GROUP INC. 1601 MARKET ST~T ~800 PHILAD~.PHIA, PA 19103 (215) 246-0900 DE02-200306 8574.6--CO3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CYRIS GREENBERG VS JEFFREY SEDLACH, MD., ET AL & LOUISE GREENBERG', H/W : : : : : : : File No. 01-7228 TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUSOTDIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER (Name of Per, on or Entity) Within twenty (20) days after service of this subpoena, you ate ordered by the court to produce the following do~ument~ or thin~: SEE ATTACHED at MCS GROUP INC.. 1601 MARKET ST.. #800, PHILA.~PA 19103 You may deliver or mail legible copie~ of the documents or produce things requested by this subpoena, to~ether with the certificate of compliance, to the party making this request at the add~ess listed above. You have the righi to seek. in advance, the reasonable cost of preparing the copi~ or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the patty serving this subpoena may seek a court order compelling you to comply with lt. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MICHAEL M. BADOWSKI~ ESQ. ADDRESS: 3510 TRINDLE RD. CAMP HILL, PA 17011 TELEPHONE: 215-246-0900 SUPREME COURT ID #: ATTORNEY FOR: DATE: 10/07/2002 Seal of the Court (Eft. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER 500 UNIVERSITY DRIVE HERSHEY, PA 17033 RE: 85746 CYRUS GREEN'BERG Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment of patient. Dates Requested: up to and including the present. Subject: CYRUS GREENBERG 1309 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SU10-398104 85 7 46 --LO 3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CYRUS GREENBERG & LOUISE GREENBERG, H/W -VS - JEFFREY SEDLACH, MD., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 2001-7228 AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of MICHAEL BADOWSKI, ESQ. 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. DATN: 01/0~/2003 MCS on b ZFlf oS . Attorney for DEFENDANT DEll-386800 8 5 74 6 --LO 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CYRUS GREENB!ERG & LOUISE GREENBERG, COURT 0F COMMON PLEAS TERM, CASE NO: 2001-7228 JEFFREY SEDLAC~ MD., ET AL - TIIIF~ FOR DlSC~)VaRY eu~tma-i- 'l~J :_--- ALEX T. BOSRNAKOV, N.D. MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD!WIX , ESQ. KENDRA D. #CGUIRE, ESQ. NCS on behalf of NICgARL BADO#SKI, ESQ. 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 ma~ be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to NCS or by contacting our local NCS office. DATE: 12/20/2002 CC: NICHARL BADONSKI, ESQ. #ILLIANBOLTZ Any questions regarding this matter, - 573004.4-00128 - 573004.4-00128 contact NCS on behalf of MICHAEL BADONSKI, ESQ. Attorney for DEFENDANT T~R I~S GROUP INC. i~oi me.~ET STR~T J800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-210717 8 5 7 4 6 --CO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CRYUS GREENBERG, VS JEFFREY SEDLACK, ET UX M.D., ET AL File No. 2001-7228 TO:. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009~ CUSTODIAN OF RECORDS FOR: ALEX T. BOSHNAKOV, M.D. (Nm~e o( Perm m* Eml~,) Within twenty (~) days after se'vice o~ this sublMMtU, you are o~dered by the court to l~oduce the followir~ doonnems or thJnp~ S ~.F,, ATTAC~E~ at MCS GROUP INC., 1601 MAREKT ST., #800, PHILA.,PA 19103 (Addrem) You nuy delive~ or null lc#hie copies of the do~umef~ o~ produce rhino ~u~ ~ t~ sub~ ~ ~th t~ ce~flc~ ~ compline, to t~ ~ ~ ~ ~ m t~ adm ~ a~e. You ~ve t~ fl~t m m~ ~ advice, the ~ble c~ ~ ~~ ~ ~ ~ ~~ ~ t~ ~ If you fail to produce the documents o~ thinp required by this suM within twenty (20) days after its service, the IMrty servin$ this subpM~u nuy seek a court order comJp3~in~ you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON: NAM~ MTiC~AEIJ M. BADOWSKI, ESQ. ADDRESS. 3510 TRINDLE RD. !CAMP MILL, PA 17011 TEL£PHON~ 215-246-0900 SUPREME COUI~r ID ~. ATTORNEY FOR: DEFENDANT DATE: Seal of the Court (Eff. ?/~) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALEX T. BOSHNAKOV, M.D. 220 WILSON STREET SUITE 109 CARLISLE, PA 17013 RE: 85746 CYRUS GREENBERG Entire medical, billing, and diagnostic. ~lle, including b,.u.t not physicians, fileS, memoranda, handwritten notes, mstory ana pnys~c? ,~w , medication/preScription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored ina computer .datab..a? or o. therwlse m el.ecu'°mc ~r~el~ot.mg to any examination, consultation, d~agnoms, care or rreaunem pe ~ . Dates Requested: upto and including the present. Subject · CYRUS GREENBERG ° ' 13(}0 GEORGETOWN CIRCLE, CARLISLE, PA 17013 Social Security #: 138-30-5256 Date of Birth: 11-28-1925 SU10-416168 8 5 74 6 --LO 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs Vo JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01-7228 JURY TRIAL DEMANDED ORDER AND NOW, this __ day of ,2003, after consideration of Defendant Carlisle Hospital's Motion to Compel Answers to Interrogatories and request for Production of Documents and any response thereto: IT IS HEREBY ORDERED that Plaintiffs' are compelled to respond to Defendants' interrogatories in production of documents including production of expert reports within sixty (60) days or risk sanctions which may include the preclusion of expert testimony at the time of trial. BY THE COURT: Jo 1143026-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and : LOUISE GREENBERG, his wife, : Plaintiffs : V. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, No. 01-7228 JURY TRIAL DEMANDED Defendants MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiffs, Cyrus Greenberg and Louise Greenberg, filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27, 2001. 2. The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Carlisle Hospital and other health care professionals. 3. On or about February 11, 2001, counsel for Carlisle Hospital served Plaintiffs with a set of Interrogatories and a Request for Production of Documents which included specific requests for expert information and reports pursuant to Pa. R.C.P. 4003.5. A copy of the Interrogatories and Request for Production of Documents are attached hereto as Exhibit A. 4. Plaintiffs have failed to respond to the aforementioned Request for Production of Documents and Interrogatories despite the fact that counsel for Carlisle Hospital, on several occasions, has inquired about the status of its discovery requests. See, a copy of a letter to Richard H. Wix, Esquire dated November 22, 2002 attached hereto as Exhibit B. 1141203.1 5. Defendant Carlisle Hospital clearly cannot prepare a defense or fully evaluate this case without Plaintiffs' answers to the aforementioned discovery requests. 6. This lawsuit is over one (1) year old and involves care and treatment provided over two (2) years ago. Notwithstanding, Plaintiffs have still not responded to Carlisle Hospital's discovery requests, identified expert witnesses or produced an expert report substantiating Plaintiff's claim against Carlisle Hospital. 7. Carlisle Hospital hereby moves this Honorable Court for an Order compelling Plaintiffs to respond to Defendant's Interrogatories and Request for Production of Documents including a production of an expert report within 60 days or suffer sanctions under Pa. R.C.P. 4019(a)(1)(i) which may include preclusion of expert testimony at trial. WHEREFORE, Defendant Carlisle Hospital respectfully requests that this Honorable Court enter an Order compelling Plaintiffs to respond to Defendant's Interrogatories and produce an expert report within 60 days or risk sanctions which may include the preclusion of expert testimony at the time of trial. Date: BARLEY, SNYDER, ~SE}qFT & COHEN, LLC BY: Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602 (717) 399-1525 Court I.D. No. 50919 Court I.D. No. 84105 1141203.1 Exhibit A BARLI?Y, SNYDER, SENFT & COHEN, LLC Kendra D. McGuire, Esquire David A. Warren, Esquire Court LD. Nos. 50919 and 84105 126 East King Street Lancaster, PA 17602-2893 (717) 299-520I Attorneys for Defendant Carlisle Hospital and Health Services CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW No. 01-7228 JURY TRIAL DEMANDED DEFENDANT CARLISLE HOSPITAL AND HEALTH SERVICES' INTERROGATORIES ADDRESSED TO PLAINTIFFS - SET NO. 1 Pursuant to Rule No. 4005 of the Pennsylvania Rules of Civil Procedure, Plaintiffs are hereby requested to answer each of the following interrogatories separately and fully, in writing and under oath, within thirty (30) days after service. A. INSTRUCTIONS 1. These interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you receive further or additional information up to the time of trial of this case. 2. The answers to these interrogatories shall reflect the cumulative knowledge of all representatives, agents and employees of the party to whom they are addressed. LCH] 1050353.1 3. Where exact information cannot be furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified as such and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact infom,ation cannot be furnished. 4. Where knowledge, information or documents in the possession of a party are requested, such request includes knowledge, infommtion or documents in the possession of the party's agents, representatives or attorneys. 5. Where any document was, but no longer is in your possession or subject to your control, state what disposition has been made of it. It is sufficient to attach a copy of the document for the purpose of answering these interrogatories. B, DEFINITIONS 1. As used herein, "document" or "documents" includes, without limitation, writings and printed matter of every kind and description, photographs and drawings, notes and records of oral communication and recordings (tapes, discs or other) of oral communication. In all cases where originals are not available, "documents" also means copies of original documents and copies of non-identical copies. 2. As used herein, "identify" or "identity" used in reference to any individual person means to state his name, title, present home address, present business address and person, if any, for whom the person identified was acting at the time to which the interrogatory relates. 3. As used herein, "identify" or "identity" used in reference to any writing means to state the following: (a) its date; (b) identity of its author(s); (c) identity of its sender(s); (d) identity of person(s) to whom it is addressed; (e) identity of recipient; (0 format; (g) title; (h) 2.5.02/LCH/1050353.1 2 number of pages; O) complete summary of contents; and ~j) identity of person(s) known or believed to have possession, custody or access to the writing. 4. "Identify" as applied to an oral statement, conversation or conference means to: (a) identify the person making each statement, the person to whom each statement was made, and ail other persons present at the time of each statement; (b) state the date of such statement, conversation or conference; (c) state the place where such statement, conversation or conference was held; (d) if by telephone, identify the person receiving the telephone call, the person making the cail, and the places where the persons participating in the cail were located; and (e) state in detail the substance of each statement, conversation or conference. 5. "Person" means any individual, firm, association, partnership, corporation or trustee and also, where relevant, the person representing or acting for such "person." 6. "Explain" or "state" means to set forth every fact relevant to the answer to the interrogatory and to set forth each such fact fully and unambiguously. 7. "Incident" refers to the allegations contained in Plaintiffs' Complaint. C. INTERROGATORIFS; 1. Please state each PlaintiWs place and date of birth, Social Security Number, and ali members of immediate family. Please state Plaintiffs' current residence. 2.5.02/LCH/1050353. I 3 2. Please state Plaintiff Cyrus Greenberg's educational history, identifying institutions of learning, dates of attendance and all degrees, honors and awards. 3. State in detail Plaintiff Cyrus Greenberg's employment history, including the identity of all employers for the last ten (10) years, duration of each employment, employment capacity and duties, monthly salary or wages earned. 2.5.02/LCH/1050353.1 4 4. Please state with specificity the amount of any lost future wages claimed, and how this amount was calculated. 5. Please state whether Plaintiffs, or anyone acting on their behalf, have ever filed a lawsuit seeking recovery for any type of Personal injury, and if so, state the court and term and number of the case, the underlying facts of the litigation and the outcome or present status of the litigation. 2.5-02/LCH/1050353.1 5 6. Pursuant to Pa. R.C.P. 4003.5, please identify each witness Plaintiffs expect to call as an expert at trial, stating the qualifications of each such expert, the subject matter to which he/she is to testify, the substance of facts and opinions to which he/she is to testify, and the basis for each opinion. (In lieu of answering Interrogatory No. 6, Plaintiffs may file as their answer a signed report from each expert, or Plaintiffs may have the Interrogatory answered by the expert(s). If an expert's signed report is filed in lieu of answering Interrogatory No. 6, pursuant to Pa. R.C.P. 4003.5, please see that the expert's opinion, facts on which the expert is relying, and basis for each opinion are set forth clearly.) 2.5.02/LCH/1050353. 7. Please identify all persons other than the parties hereto, their attorneys and the health care providers identified in the medical records who have any knowledge of or information as to the facts pertaining to the subject matter of this litigation. Please include in your answer the substance and scope of their knowledge. 8. Please identify all witnesses other than experts already identified that Plaintiffs intend to call at trial, and state the subject matter of their testimony. 2.5.021LC H/1050 3 5 3.1 7 9. If Plaintiffs, or anyone acting on their behalf, have obtained non-privileged, discoverable statements, reports, memoranda or testimony, in any form, from any persons regarding or in any way relating to the subject matter of this litigation, please state the identity of each person making each such statement or report, in whose presence it was made, the date and place, number of pages, whether it was signed, and who presently has custody of it. 10. Identify all health, worker's compensation and/or disability insurance policies or coverage for Plaintiff Cyrus Greenberg, including, but not limited to, Medicare and Medicaid, which covered Mr. Greenberg for the damages alleged in the present action. 2.5.02/LCH~1050353.1 8 11. Please provide the following information regarding all of Plaintiff Cyrus Greenberg's medical bills claimed to have been incurred as a result of the alleged negligence of the Defendants. Medical Care Provider Total Charges by Amount Paid by Amount "written Amount paid or Provider Insurance off", "adjusted" owed by Plaintiff or forgiven personally 12. State the circumstances which led Plaintiff Cyrus Greenberg to have his hernia repair at the Carlisle Hospital Surgical Center on November 20, 2000. 2.5.02/LCH/1050353. I 9 13. Please describe in detail any conversations relevant to this case which Plaintiffs, or anyone acting on their behalf, had, either in person or by telephone, with anyone believed to be an employee of Carlisle Hospital and Health Senrices, and your best estimate of when those conversations occurred. 14. Please describe in detail to the best of your recollection all conversations, either in person or by telephone, with any person regarding the procedure to be performed by Dr. Sedlack at the Surgery Center on November 20, 2000. 2.5.02/LCH/1050353. I 1 0 15. Has any medical doctor, physician or other health care provider who has been involved in Plaintiff Cyrus Greenberg's care suggested to Plaintiffs that an employee of Carlisle Hospital and Health Services was negligent and/or that their actions or inactions caused Plaintiff's injuries? If so, identify the person who gave such an opinion, and a description of what he/she said. 16. Please identify ail health care providers or facilities (including hospitals, surge~/ centers and rehab centers) of any kind with whom Plaintiff Cyrus Greenberg consulted and/or by whom Mr. Greenberg had been treated prior to November 20, 2000. For each health care provider, please provide the following information. (a) Name of provider/facility; (b) Address; 2.5.02/LCH/1050353. (c) Type of health care provider (e.g. specialty); (d) Reason for treatmenl/consultation; and (e) Date(s) of treatment. 17. Please identify all health care providers or facilities (including hospitals, surgery centers and rehab centers) of any kind with whom Plaintiff Cyrus Greenberg has consulted and/or by whom Mr. Greenberg has been treated subsequent to November 20, 2000.. For each health care provider, please provide the following information: (a) Name of provider/facility; 2.5.02/LCH/1050353. I 12 (b) Address; (c) Type of health care provider (e.g. specialty); (d) Reason for treatment/consultation; (e) Date(s) of treatment; and Next scheduled appointment. 2.5.02/LCH/1050353.1 1 3 18. After Mr. Greenberg's hospitalization in November, 2000, did any health care provider advise that Mr. Greenberg would require further treatment as a result of the alleged incident, and if so, please identify the health care provider and Plaintiffs' understanding of the recommended treatment. 19. If the answer to Interrogatory No. 18 is no, what is Plaintiffs' understanding as to why no further treatment is recommended. 2.5.02/LCH/1050353.1 1 4 20. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services improperly discharged Mr. Greenberg on November 20, 2000 following his hernia repair. (a) If any part of your answer refers Defendant to the medical records, please specify what part, and page of what medical record, and/or attach a copy of the portion of the medical record which supports this contention. (b) Is this contention based on the opinion of a medical professional? If so, please identify this individual. 2.5.02tLCWI 050353.1 1 5 21. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services failed to call the surgeon and advise him of Mr. Greenberg's condition prior to discharge. (a) Wlnat was Mr. Greenberg's condition that Plaintiffs' felt warranted being brought to the surgeon's attention prior to being discharged? (b) If any part of your answer refers Defendant to the medical records, please specify what part, and page of what medical record, and/or attach a copy of the portion of the medical record which supports this contention. 2.5.02/LCH/1050353.1 16 (c) Is this contention based on the opinion of a medical professional? If so, please identify this individual. 22. Please state the basis for Plaintiffs' contention that Defendant Carlisle Hospital and Health Services failed to prevent Mr. Greenberg from falling on November 27, 2000. (a) What do Plaintiffs contend should have been done by Defendant Carlisle Hospital and Health Services which would have prevented Mr. Greenberg from falling on November 27, 2000? 2.5.02/LCH/1050353.1 17 23. At any time prior to Mr. Greenberg's fall on November 27, 2000, had employees of Defendant Carlisle Hospital and Health Services cautioned Mr. Greenberg about ambulating unassisted, or instructed Mr. Greenberg to call for assistance prior to ambulating? (a) If so, was Mr. Greenberg at all times compliant with these instructions? If not, why not? 27, 2000? (b) Who was present with Mr. Greenberg at the time of his fall on November 2.5.021LCH/I050353.1 1 8 24. State if Mr. Greenberg is presently under the care of a health care provider for the injuries which are the subject of this lawsuit, stating the dates and nature of the most current treatment as well as if treatment will be required in the future. 25. With regard to any non-economic detriment for which the Plaintiffs claim they are entitled to receive compensation, describe with particularity each separate and specific detriment for which compensation is sought. Date: Respectfully submitted. BARLEY,~SNYDE~RLSE,74N~ CO. HEN, LLC l(endra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 2.5.021LCHIIO50353A 19 VERIFICATION [Greenberg v. Carlisle Hospital and Health Services, el al.} CYRUS GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: Cyrus Greenberg LCFF1050353.1 VERIFICATION [Greenberg v. Carlisle Hospital and Health Services, et al.] LOUISE GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Answers to Interrogatories are lrue and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: Louise Greenberg LCH/1050353.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served an original and one copy of Defendant Carlisle Hospital and Health Sendces' Interrogatories Addressed to Plaintiffs - Set No. 1, by first class mail, postage prepaid, upon: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 And a tree and correct copy to: Michael M. Badowski, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Date: BARLEY, SNYDER, SENFT & COHEN, LLC Kendra D: Mc(}uire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 LCH/I050353.1 BARI. bTY, SNYDER, SENFT & COHEN, LLC Kendra D. McGuire, Esquire David A. Warren, Esquire Court I.D. No. 50919 and 84105 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Attorneys for Defendant Carlisle Hospital and Health Services CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs Vo JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW No. 01-7228 JURY TRIAL DEMANDED DEFENDANT CARLISLE HOSPITAL AND HEALTH SERVICES' REQUEST FOR PRODUCTION AND COPYING OF DOCUMENTS ADDRESSED TO PLAINTIFF.~ Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant Carlisle Hospital and Health Services requests that Plaintiffs produce the documents hereinafter described and pem~it Defendant, through its attorneys, to inspect them and copy such of them as they may desire. Defendant requests that the documents be made available for this inspection at the offices of Defendant's attorneys located at 126 East King Street, Lancaster, Pennsylvania, within thirty (30) days of the date of service hereof. Defendant's attorneys will be responsible for these documents so long as they are in their possession. Copying will be done at Defendant's expense and the documents will be properly returned after copying has been completed. This request is intended to cover all documents in the possession, custody and control of Plaintiffs, their agents, employees, insurance carriers and attorneys, and is considered to be LCH/1050953A continuing, and therefore, should be modified or supplemented as you receive further or additional information up to the time of trial. The documents covered by this request are as follows: 1. All photographs, motion pictures, drawings or other descriptive documents concerning the incident in the above-referenced matter. 2. Ali investigations, reports, test results, drawings, summaries or records of the incident, not otherwise privileged, involving the above-referenced case and the events surrounding it. 3. All statements of witnesses or persons who will be called as witnesses at trial. 4. All statements of any party, their agent or employees concerning the incident and events surrounding it. 5. All written or recorded evidence of the conduct and/or conversation between either Plaintiff and Defendants which is relevant to this lawsuit. A current curriculum vitae for each expert that you intend to call at the trial of this matter. 7. All documents prepared by each expert identified together with all correspondence between the expert and Plaintiffs or their agents, attorneys or anyone acting on Plaintiffs' behalf. All documents or other demonstrative evidence which will be introduced or used at trial. 9. All of Plaintiff Cyrus Greenberg's medical records, hospital reports, physician's reports and bills concerning the incident, except for those of Carlisle Hospital and Health Services. 2.5.02/LCH/1050953.1 2 10. All medical bills which are claimed to have been incurred as a result of the alleged negligence. 1 !. All documents recording amounts reimbursed by insurance (including worker's compensation) due to the incident in the above-referenced matter. i 2. Ali documents alleging and verifying lost wages in the possession of Plaintiffs, their agents, employees, attorneys and insurance carriers due to the incident in the above- referenced matter, including Federal and State income tax returns for the past five (5) years and W-2 forms. 13. A copy of any joumai, diary and/or calendar authored by either Plaintiff within the last five (5) years. 14. Copies of any prescriptions, instructions, informational pamphlets, articles or other written material of any kind provided to Plaintiff Cyrus Greenberg by any health care provider relative to the risks and potential complications of laparoscopic bilateral inguinal hernia repair. Date: Respectfully submitted. BARLEY, SNYDER, SENFT & COHEN, LLC By: ~ dra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 2.5.02/LCH/1050953. I 3 VERIFICATION [Greenberg v. Carlisle Hospital and Health Services, et al.] CYRUS GREENBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Responses to Request for Production and Copying of Documents are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: Cyrus Greenberg LCH/1050953.1 VERIFICATION [Greenberg v. Carlisle Hospital and Health Sewices, el al.] LOUISE GRRRNBERG, being duly affirmed according to law, deposes and says that the facts set forth in the foregoing Responses to Request for Production and Copying of Documents are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: Louise Greenberg LCH/1050953.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that 1 have this day served Defendant Carlisle Hospital and Health Services' Request for Production and Copying of Documents by first class mail, postage prepaid, upon: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 And a true and correct copy to: Michael M. Badowski, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Date: BARLEY, SNYDER, SENFT & COHEN, LLC By: ~ Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 LCH/1050953.1 Exhibit B 126 East King Street Lancaster, PA 17602-2893 Tel 717.299.5201 Fax 717.291.4660 www.barley, com Michelle R. Reiley, Paralegal Direct Dial Number: 717.399.2167, ext. 3167 E-mail: mreiley~barley.com November 22, 2002 Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Re: Greenberg v. Carlisle Hospital Dear Mr. Wix: By way of introduction, I am the paralegal assisting Attorneys Kendra McGuire and David Warren with the above referenced case. As I indicated to your secretary on the telephone, we would like a copy of the following records: · Harrisburg Hospital records · Moffitt, Pease & Lim Assoc. records · Hershey Medical Center records (including, but not limited to Drs. Horwath, Barber and Stack) · Dr. Rau's records · Masland Assoc. records · CT scan(s) from Carlisle Hospital We realize that you are very busy, but would greatly appreciate it if you would send us copies of the above listed medical records. We will, of course, be happy to reimburse you for any reasonable photocopy expenses. Additionally, upon review of the file, it has come to our attention that we served you with Interrogatories and Request for Production of Documents on February 11, 2002. Please respond to same as soon as possible. Barley, Sm/der, Senti & Cohen, LLC Lancaster - York. Harrisburg · Reading - BeraTn. Hanover. Chambersburg November 22, 2002 Page 2 Thank you for your professional courtesies. Very truly yours, Michelle R. Reiley Paralegal MRR/mrr: 1127979.1 CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing Motion to Compel has been served, this <~ / day of ~r,, 0 ~ C C~ , 2003, by first class mail, postage prepaid, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 BARLEY, SNYDER, SENFT & COHEN, LLC Kendra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 84105 1141203.1 CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEl, ORDER AND NOW, this day of January, 2003, a brief argument on the within motion to compel answers is set for Thursday, March 20, 2003, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Richard H. Wix, Esquire For the Plaintiff · Hess, J. Michael M. Badowski, Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital :rim CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs V JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants : IN THE COURT OF COMMON PLEAS OF : : CU'MBER~ COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 01-7228 CIVIL TERM : : : JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 20th day of March, 2003, following a telephone conference with counsel, it is ordered and directed that the plaintiffs comply with the following discovery deadline: 1. A response to expert interrogatories shall be forthcoming within ninety days. 2. All other currently outstanding discovery shall be responded to within ninety days hereof. By the Court, Richard H. Wix, Esquire For the Plaintiffs Stephen L. Banko, Jr., Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital Ke~ A. Hess, J. : bg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01-7228 JURY TRIAL DEMANDED MOTION OF CARLISLE HOSPITAL TO PRECLUDE EXPERT TESTIMONY AND OTHER EVIDENCE 1. Plaintiffs, Cyrus Greenberg and Louise Greenberg, filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27, 2001. 2. The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Carlisle Hospital and Health Services (hereinafter "Carlisle Hospital") and other health care professionals. 3. When Plaintiffs refused to provide any answers to interrogatories or responses to requests for production of documents, Defendant Carlisle Hospit,.1 filed a motion to compel seeking discovery answers and the production of all expert reports. In its motion, Carlisle Hospital noted that it would seek the sanction ofpreclnsion if Plaintiffs failed to comply with any order entered by this Court pursuant to Carlisle Hospital's motion to compel. 4. On or about March 20, 2003, this Honorable Com~ entered an order compelling Plaintiffs to provide answers to interrogatories and responses to request for production of 1183026.1 documents, including the production of all expert reports, by J~me 18, 2003. See Order of Court, dated March 20, 2003 attached hereto as Exhibit "A". 5. Pursuant to the Court's Order, Plaintiffs have had ninety (90) days to comply with discovery requests. 6. To date, Plaintiffs have not served answers to interrogatories, nor have they served responses to requests for production of documents. 7. To date, Plaintiffs have not served any expert reports. 8. Accordingly, Plaintiffs are in violation of this Court's Order of March 20, 2003. 9. Pursuant to Pa.R.C.P. 4019(a)(1)(viii), upon motion, this Honorable Court may enter an appropriate order where a party has failed to obey an oxder of court respecting discovery. 10. Pursuant to Pa.R.C.P. 4019(c)(2), based upon Plaintiffs' failure to comply with the Court's Order of March 20, 2003, this Honorable Court may enter an order precluding Plaintiffs from entering at trial any evidence requested in the discovery requests that they have failed to respond to, including precluding Plaintiffs fi'om introducing any expert testimony in this matter. 11. Given the fact that no answers, responses or expert reports have been provided by Plaintiffs, the sanction of preclusion is appropriate in this case. WHEREFORE, Defendant Carlisle Hospital respectfully requests that this Honorable Court enter an Order sanctioning Plaintiffs for their failure to provide any answers to discovery requests and their failure to serve any expert reports. Defendant 'Carlisle Hospital further 1183026.1 requests that the sanction imposed be Plaintiffs' preclusion from introducing any expert reports or other evidence requested therein. Date: BAR~ EY,~NYDER, SENFT~HEN, LLC Kendra D. MeGuire, Esquire David A. Warren, Esquire Attorneys :for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602 (717) 399-1525 Court I.D. No. 50919 Court I.D. No. 84105 1183026.1 CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs V JEFFREY SEDLACK, M.D., CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLA~ COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW and : 01-7228 CIVIL TERM JURY TRIAL DEMANDED DEFENDANT CARLISLE HOSPITAL.s MOTION TO COMPEL IN RE: ORDER OF COURT AND NOW, this 20th day of March, a telephone conference with counsel, that the plaintiffs comply with the deadline: 2003, following it is ordered and directed following discovery 1. A response to expert interrogatories shall be forthcoming within ninety days. 2. Ail other currently outstanding discovery shall be responded to within ninety days hereof. By the Court, Richard H. Wix, Esquire For the Plaintiffs K~ A. Hess, J. Stephen L. Banko, Jr., Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital : bg rPilJE COPy ECORD tn Te~lmony wher~f, I h~r~ ~';to ~ ~ ~ ' CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy of the foregoing Motion to Preclude has been served, this oT,~rZ'~day of ~ ,2003, by first class mail, postage prepaid, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 BARL~, SNYDER, SENF.T~COI-IEN, LLC K~n~a D. McGuke, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 841.05 1141203.1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court: CAPTION OF CASE CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, vs. JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :NO. 7228 CIVIL TERM 2001 JURY TRIAL DEMANDED 3 o 4 o State matter to be argued trial, defendant's demurrer to complaint, etc.): Motion of Defendant, Jeffrey Sedlack, M.D., to Preclude Expert Testimony Identify counsel who will argue the case: (a) Plaintiff(s): Richard H. Wix, Esquire (b) Defendant(s): Shaun J. Mumford, ]Esquire, for Dr. Sedlack; Kendra D° McGuire, Esquire, for Defendant Carlisle Hospital I will notify all parties that this case has been listed for argument. Court (i.e., plaintiff's motion for new Argument Date: July 23, 2003 717-975-8114 Phone Number MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone Fax: E-Mail: [717] 975-8114 [717] 975-8124 ~badowski~aargolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, VS. JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - I..&W :NO. 7228 CIVIL TERM 2001 :GURY TRIAL DEIq32q'DED MOTION OF DEFENDANT, JEFFREY SEDLACK, M.D., TO PRECLUDE EXPERT TESTIMONY AND NOW, comes Defendant, Jeffrey Sedlack, M.D., (~Dr. Sedlack"), by and through his counsel, Margolis Edelstein, and moves to preclude the Plaintiffs, Cyrus Greenberg and Louise Greenberg (~Plaintiffs"), from presenting expert testimony in support of their claims against Dr. Sedlack averring the following in support thereof: 1. Plaintiffs filed a Complaint in the Court of Common Pleas of Cumberland County on or about December 27, 2001. 2. The Complaint alleges negligence with regard to the medical treatment provided to Cyrus Greenberg by Dr. Sedlack and Co-Defendant, Carlisle Hospital and Health Services (~Carlisle Hospital"). 3. On or about January 14, 2002~. Dr. Sedlack served Plaintiffs with Interrogatories and a Request for Production of Documents which included requests for any and all expert reports in support of the medical malpractice claims brought by Plaintiffs against Dr. Sedlack. 4. Despite numerous follow-up requests for discovery responses, including expert reports, as evidenced by letters dated February 4, 2002, January 31, 2003, and March 14, 2003, Plaintiffs have failed to produce any expert reports in support of their claims against Dr. Sedlack. Copies of said letters are attached hereto, incorporated herein and marked Exhibit 5. As a result of a Motion to Compel Discovery Responses and Production of Expert Reports filed by Co-Defendant, Carlisle Hospital, this Honorable Court entered an Order dated March 20, 2003, compelling Plaintiffs to provide all outstandin~ discovery and any and all expert reports within ninety (90) days. See Order of Court dated March 20, 2003, a copy of which is attached hereto and incorporated herein as Exhibit ~B." 6. Despite the passage of more than ninety (90) days since entry of the Court's March 20, 2003, Order, Plaintiffs have failed to produce any discovery responses or expert reports. -2- Court's Order of March 20, 2003. 8. Pursuant to Pa. R.C.P. No. motion, a party has discovery. 9. Plaintiffs' Accordingly, Plaintiffs are in violation of this 4019(a) (1) (viii), upon this Honorable Court may enter an appropriate order where failed to obey an order of court respecting Pursuant to Pa. R.C.P. No. 4019(c) (2), based upon failure to comply with the Court's Order of March 20, 2003, this Honorable Court may enter an order precluding Plaintiffs from entering at trial any evidence requested in the discovery requests that they have failed to respond to, including precluding Plaintiffs from introducing any expert testimony in this matter. 10. Given the fact that no discovery answers, responses or expert reports have been provided by Plaintiffs, the sanction of preclusion is appropriate in th~_s case. WHEREFORE, Defendant, Jeffrey SedLack, M.D., respectfully requests that this Honorable Court enter an order sanctioning Plaintiffs for their failure to provide any answers to discovery requests and their failure to serve any expert reports in violation of this Court's Order of March 20, 2003. Dr. Sedlack requests that the sanction imposed be Plaintiffs' -3- preclusion from introducing any expert reports in support of their medical malpractice claims against Dr. Sedlack. MARGOLIS EDELSTEIN Dated: SFIAUN J. MUMFORD SUP. CT. I.D. NO. 84176 COUNSEL FOR DEFENDANT, JEFFREY SEDLACK, M.D. -4- PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 19106-3304 FAX 215-922-1772 PIT'FSBURGH OFFICE 15oo GRANT BUILDING PI"/q'S BURGH, PA 15219-2203 FAX 412-842-2380 WRITER: MICHAEL M, SADOWSKI' DIRECT E-MAIL: mbadowski@margolisedelstein,com MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX .932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 35t0 TRINDLE ROAD CAMP HILL, PA 17011 717-075-0114 FAX 717-975-8t24 March 14, 2003 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565,8311 FAX 616-566-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08108-2866 656-858-7200 FAX 656-856-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342-4231 FAX 570-342-4841 Richard W. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109 Re: Greenberg vs. Sedlack, et " Our File No. 57300.4-00128 Dear Dick: know as further. Have you spoken with your clients yet? Please let me soon as possible whether they intend to pursue this case M.D. (Priv./~nd Conf.) William Boltz (PMSLIC ~laim 337835-01) / MMB/na bc: Jeffrey Sedlack, Mr. *CedJfied as a Civil Tdai Advocate by the National Board of Tdal Advocacy A Pennsylvania Supreme Court Accredited Agency PHILADELPHIA OFFICE ~'HE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST PHILADELPHIA, PA 10106-3304 215-922-1100 FAX 215-922-1772 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281.4256 FAX 412-642-2380 WRITER: MICHAEL M. BADOWSKP DIRECT E-MAIL: mbedowski@ma~otisedelstein.com MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-075-8114 FAX 7t7-975-8124 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 FAX 610-565-8318 NEW JERSEY OFFICE P.O. BOX 2222 216 HADDON AVENUE WESTMONT, NJ 08105-2886 856-858-7200 FAX 856-858-1017 SCRANTON OFFICE THE OPPENHEIM BUILDING 409 LACKAWANNA AVENUE SUITE 3C SCRANTON, PA 18503 570-342.4231 FAX 570-342-4841 January 31, 2003 Richard W. Wix, Esquire WIX, WENGER & WEI~NER 4705 Duke Street Harrisburg, PA 17109 Re: Greenberg vs. Sedlack, et al. Our File No. 57300.4-00128 Dear Dick: A review of our file indicates that we still have not received responses to the Interrogatories and Request for Production of Documents which were served upon you on or about January 14, 2002. Please provide responses to the same within thirty (30) days to avoid the necessity of a Motion to Compel. Should you have any comments or questions, please feel free to contact me. MMB/SJM/dlp 'Certified as a Civil Trial Advocate by the National Board of Trial Advocacy A Pennsylvania Supreme Court Accredited Agency PHILADELPHIA OFFICE THE CURTIS CENTER FOURTH FLOOR INDEPENDENCE SQUARE WEST FAX 215-922-1772 PITTSBURGH OFFICE 1500 GRANT BUILDING PITTSBURGH, PA 15219-2203 412-281-4256 FAX 412-642-2350 WRITER: MICHAEL M. EADOWSKI* DIRECT E-MAIL: mbadowski~macgolisedelstein.com MARGOLIS EDELSTEIN ATTORNEYS AT LAW POST OFFICE BOX 932 HARRISBURG, PA 17108-0932 STREET ADDRESS: 35t0 TRINDLE ROAD CAMP HILL, PA 17011 717-975-8t t4 FAX 7t7-975-8124 February 4, :2002 DELAWARE COUNTY OFFICE 216 SOUTH ORANGE STREET MEDIA, PA 19063 610-565-0311 FAX 610-56S-8318 NEW JERSEY OFFICE P,O. BOX 22.22 216 HADDON AVENUE WESTMONT, NJ 08108-2886 856-858-7200 SCRANTON OFFICE Richard W. Wix, Esquire WIX, WENGER. & WEIDNER 4705 Duke Street Harrisburg, PA 17109 Re: Greenberg vs. Sedlack, et al. Our File No. 57300.4-00128 Dear Dick: Before we both embark upon incurring further expenses with this case, would you kindly let me know if this is one that you seriously intend to pursue. If your clients' are not inclined to discontinue this matter, would you please provide me with your trial expert reports. I would also appreciate receiving your clients' answers to my previously submitted written discovery. It seems quite clear that Mr. Greenberg had significant pre-existing coronary artery disease and hyperparathyroidism and depression for which he elected not to treat. Notwithstanding what I perceive to be appropriate surgical management on the part of Dr. Sedlack, I remain bewildered as to Mr. Greenberg's damages M.D. (Pri~_~. and Conf. (PMSLIC,' C1 ' aim 337835-01) MMB/na bc: Jeffrey Sedlack, Mr. William Boltz 'Certified as a Civil Trial Advocate by the National Board of Tdal Advocacy A Pennsylvania Supreme Court Accredited Agency CYRUS GREENBERG and LOUISE GREEN-BERG, his wife, Plaintiffs V JEFFREY SEDLACK, M.D., CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants and : CUMBERLAND COUNTY, : CIVIL ACTION - LAW : : 01-7228 CIVIL TERM : JURY TRIAL DEMANDED IN THE COLrRT OF COMMON PLEAS OF PENNSYLVANIA IN RE: DEFENDA/~T CARLISLE HOSPITAL'S MOTION TO COMPEL ORDER OF COURT_ AND NOW, this 20th day of March, 2003, following a telephone conference with counsel, it is ordered and directed than the plaintiffs comply with the following discovery d~adline: 1. A response to expert interrogatories shall be forthcoming within ninemy days. 2. Ail other currently outstanding discovery shall be responded to within ninemy days hereof. By the Court, Kev~ A. Hess, J. Richard H. Wix, Esquire / For the Plaintiffs / Stephen L. Banko, Jr., Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital :bg In T~ttmofty wher~t, i h,;,~r~ ~r~o ~ my ham/ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record b'y placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~ day of ~_ , 2003, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Kendra D. McGuire, Esquire BARLEY, SNYDER, SENFT & COHEN 126 East King Street Lancaster, PA 17602-2893 (Attorney for Carlisle Hospital and Health Services) MARGOLIS EDELSTEIN Se~2}~tary CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF C. OMMON PLEAS OF CUMBERLAND COE~NTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 1N RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO PRECLUDE EXPERT TESTIMONY AND OTHER EVIDENCE ORDER AND NOW, this ! ! '~ day of July, 2003, a brief argument on the within motion to preclude expert testimony and other evidence is set for Wednesday, July 23, 2003, at 3:00 p.m. in Courtroom Nmber 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Richard H. Wix, Esquire For the Plaintiff 7. Hess, J. Michael M. Badowski, Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle Hospital :rlm CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 1N RE: DISCOVERY ARGUMENT ORDER AND NOW, this /~" day of July, 2003, argument in the above captioned matter set for Wednesday, July 23, 2003, is continued to Wednesday, August 27, 2003, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, t,,~ chard Wix, Esquire H. For the Plaintiff ./~Iichael M. Badowski, Esquire For Defendant Dr. Sedlack ~/l~endra D. McGuire, Esquire For Defendant Carlisle Hospital Hess, J. :rim 87717/2883 10:52 7176526298 NIX WENGE~! & WEIDNER PAGE 03 IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREEN'BERG and LOUISE GREI~iNBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01:7228 JURY TRIAL DEMANDED STIPULATION OF COUNSEL PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 229 Upon stipulation of counsel, Carlisle Hospital and Health Services, Defendant is hereby dismissed with prejudice from the above action pursuant to Pennsylvania Rule of Civil Procedure 229. It is understood and agreed that this dismissal will not affect any rights the Plaintiffs may have as against the other remaining Defendants and/or Additional Defendants. This Stipulation may be signed in counterparts. WIX, WENGER & WEIDNER Richard H. Wix, Esquire Attomeys for Plaintiffs 4705 Duke Street Hanisburg. PA 17109-3099 Court I.D. No. 07274 A~o~ys for Jeffrey Sedlack, M.D. 3510 T~e Road C~p ~11, PA 17011 Co~ I.D. No. 32646 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01..7228 JURY TRIAL DEMANDED STIPULATION OF COUNSEL PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 229 Upon stipulation of counsel, Carlisle Hospital and Health Services, Defendant is hereby dismissed with prejudice from the above action pursuant to Pennsylvania Rule of Civil Procedure 229. It is understood and agreed that this dismissal will not affect any fights the Plaintiffs may have as against the other remaining Defendants and/or Additional Defendants. This Stipulation may be signed in counterparts. WIX, WENGER & WEIDNER By: Richard H. Wix, Esquire Attorneys for 4705 Duke Street Harrisburg, PA 17109-3099 Court I.D. No. MARGOLIS EDELSTEIN By: Michael M. Badowski, Esquire Attorneys for 3510 Trindle Road Camp Hill, PA 17011 Court I.D. No. 18:52 7176526298 WIX WENGER & WEIDNER PAGE 84 BARLEY, SNYDER, SENFT~ COHEN, LLC Kendra D. MoCmire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2532 Court I.D. No. 50919 Court I.D. No. 84105 8.22.02~d)M/llO3729.1 2 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 0,1-7228 JURY TRIAL DEMANDED _PRAECIPE TO THE PROTHONOTARY: Carlisle Hospital and Health Services hereby withdraws its Motion to Preclude Expert Testimony and Other Evidence. The Motion to Preclude was scheduled for argument on Wednesday, August 27, 2003 at 3:30 p.m. in Courtroom No. 4 before the Honorable Kevin A. Hess. The Motion to Preclude filed on behalf of Defendant Dr. Sedlack is still pending. Date: BARLEY, SNYDER, SEI'~T & COHEN, LLC - l~ndra D. McGuire, Esquire David A. Warren, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster,. PA 17602 (717) 399-1525 Court I.D. No. 50919 Court I.D. No. 84105 11957391 1054919.1 _CERTIFICATE OF SERVICE. I HEREBY certify that a true and correct copy of the foregoing Praecipe has been served, this ~q~_ day of~z~ _, 2003, by first class mail., postage prepaid, upon the following: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 BARL[iY, SNYDER, SEN~& COHEN, LLC Keti~tra D. McGuire, Esquire David A. Warrent, Esquire Attorneys for Defendant Carlisle Hospital and Health Services 126 East King Street Lancaster, PA 17602-2832 (717) 299-5201 Court I.D. No. 50919 Court I.D. No. 8,4105 1195739.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants No. 01-7228 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this m ~ ~'~ day of ~j Counsel Pursuant to Pennsylvania Rule of Civil Procedure 229; ,2003, based upon the Stipulation of IT IS HEREBY ORDERED that Carlisle Hospital and Health Services is dismissed with prejudice from the above captioned action. The Parties agree that the caption shall be amended by deleting Carlisle Hospital and Health Services. BY THE COURT: CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 1N RE: DISCOVERY ARGUMENT ORDER th AND NOW, this 27 day of August, 2003, the plaintiffs having produced an expert report beyond the time limits allowed by our prior order, we will nonetheless permit the plaintiffs to proceed, but with the understanding that the plaintiffs' expert testimony is limited to that adduced to date. BY THE COURT, -~chard H. Wix, Esquire For the Plaintiff flOlichael M. Badowski, Esquire For Defendant Dr. Sedlack :rlm Kevin/A( Hess, J. / VINVA'iASNN]d ?RAECIPE FOR LISTIiNG CASE FOR TRIAl, (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY/OF CUMBERL.&ND COUNTY Please list the following case: (Check one) ( X ) t'or SURY trial at the next term of civil court. ( ) for trial without a jury.. C.~TION OF CASE (entire caption must be stated in Mil) CYRUS GREENBERG and LOUISE GREENBERG, His Wife (Plaintif0 JEFFREY SEDLACK, M.D. VS. (Defendant) (check one) ( ) Assumpsit ( ) Trespass ( ) Trespa~ (Motor Vehicle) (other) The trial list will Trials commence on be called on (Briefs are due 5 days before p~g- trials.) (The party listing this case for shall provide forthwith a copy of the ~raecipe ~:o all counsel pu=suant to ocal Rule 214-1.) ' No. Civil 01-7228 Indicate the attorney who wi!l tD, cas~ ~r the party who files thispraecipe: Richard H. Wix, Es~., Wix, Wenger & Weidner, 47'05 Duke Street PA 17109-3099 ID #07274 652-8455 ' ~dicate trial counsel for other partiesif ~own: Edelstein, 3510 19 Trindle Road, This case is ready for HarrJ~burg, Michael Badowski. Es~., Marqolis Camp Hill, PA 17011 Date: 10/7/03 Print Name: Richard H. Wixe Esq. Attorney for: Plaintiffs PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sutmitted in duplicate) TO THE PROTHONOTARY OF CUMBERL~ND COUNTY: Pl-a-~e ] ~mt the wit_bin matter f~r the nE~t Argtm~t Court. CAPTION OF CASE (entirecaptioamustbestatedin hTll) CYRUS GREENBERG AND LOUISE GREENBERG, His Wife, Plaintiffs (plaintiff) JEFFREY SEDLACK, M.D., AND CARLISLE HOSPITAL AND HE~TH SERVICES, (Defe~ant)s TO PRECLUDE EXPERT TESTIMONY AND No. ~_~8 Civil ~jx 2OOl State matter to be ar~,~ (i.e., plaintiff's w~tion for new tri~], defer~ d~ra~'~er to c~]m~nt, etc.): MOTION OF DEFENDANT, JEFFREY SEDLACK, M.D. FOR SUMMARY JUDGMENT 2. Identify counsel whowJ]] argue case: (a) for plaintiff: (b) for defer~mnt: ~s: 3. I w~ll notify all parties been 1 i sted for arc3an~nt. 4. Argument Court Date: Dated: October ~ O, 2003 Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 in writing within t~ days that this case has DECEMBER 3, 2003 MICHEL Attorney fOrDefendant, Jeffrey Sedlac ~nt's MICHAEL M. BADOWSKI, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Mail: [717] 975-8114 [717] 975-8124 mbadowski~margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, vs. JEFFREY SEDLACK, M.D., and CARLISLE HOSPITAL and HEALTH SERVICES, Defendants. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 7228 CIVIL TERM 2001 :JURY TRIAL DEMg2qDED MOTION OF DEFENDANT, JEFFREY SEDLACK, M.D., TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT 1. Plaintiffs filed their Complaint in the above-captioned action on or about December 27, 2001. 2. The Complaint alleges professional negligence against Defendants, including moving Defendant, Jeffrey Sedlack, M.D. ("Dr. Sedlack"). 3. As a result of a Motion to Compel Discovery filed by co- Defendant, Carlisle Hospital, this Honorable Court entered an Order dated March 20, 2003, compelling Plaintiffs to provide all outstanding discovery and any and all expert reports within ninety (90) days of the date of that Order. A copy of said Order is attached hereto, as Exhibit A. 4. When more incorporated herein by reference and marked than ninety (90) days passed from the date of the aforesaid Order and Plaintiffs had failed to provide any discovery answers or expert reports, Dr. Sedlack filed a Motion to Preclude Expert Testimony. 5. In response to that Motion, this Honorable Court entered an Order scheduling oral argument upon said Motion for August 27, 2003. On the day before the scheduled argument, Plaintiffs' counsel provided a report and curriculum vitae from G. Kirchner, M.D., dated August 10, 2003. A copy of Dr. report and curriculum vitae are attached hereto, incorporated Gary Kirchner's herein by reference and marked collectively as Exhibit B. 6. At the time of argument, the Honorable Kevin A. Hess issued an Order noting that; "plaintiffs having produced an expert report beyond the time limits allowed by our prior order, we will nonetheless permit the plaintiffs to proceed, but with the understanding that plaintiffs' expert 'sestimony is limited to that adduced to date." A copy of said Order is attached hereto, incorporated herein by reference and marked as Exhibit C. 7. Accordingly, Plaintiffs are limited to providin~ expert testimony, if at all, from Dr. Kirchner within the four (4 corners of his report of August 10, 2003. 8. Pennsylvania law is well-settled that expert testimony is required in a medical malpractice action to establish not only the standard of care, but also that the conduct of the health provider fell below that standard. -2- 9. Moreover, such opinion must be to a reasonable degree of medical certainty and may not be the subject of conjecture, speculation or guess. 10. The report of Dr. Kirchner, to which Plaintiffs are now limited, is deficient in several material respects. 11. First, it does not set forth the applicable standard of care with respect to laprascopic repairs of hernias. 12. Second, Dr. Kirchner's report specifically recognizes that injury to the inferior epigastric is a recognized complication of the procedure being performed. 13. Third, his opinions are accompanied by statements such as "I believe" and ~I personally believe," none of which satisfy the standard of reasonable certainty. 14. Finally, pursuan~ to Pa. R.C.P. No. 4003.5, an expert must provide the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Nowhere information provided. "personal beliefs." 15. Absent expert in Dr. Kirchner's opinion is such Rather, he relies merely on his own testimony, Plaintiffs cannot establish a prima £acie case of medical negligence and, therefore, there will be no issue of material fact and Dr. Sedlack is entitled to summary judgment as a matter of law, pursuant to Pa. R.C.P. No. 1035.2. -3- WHEREFORE, Defendant, Jeffrey Sedlack, M.D., prays this Honorable Court enter an Order precluding tlhe trial testimony of G. Gary Kirchner, M.D. and granting summary judgment in favor of Dr. Sedlack and against Plaintiffs. Date: ~RGOD~.~ELSTEI~ / ~I~: ~. BADOWSKI, Esquire Attorney' for Defendant, JEFFREY SEDLACK, M.D. -4- CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~ day of 2003, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) Kendra D. McGuire, Esquire BARLEY, SNYDER, SENFT & COHEN 126 East King Street Lancaster, PA 17602-2893 (Attorney for Carlisle Hospital and Health Services) MARGOLIS EDELSTEIN Secretary CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs V JEFFREY SEDLACK, M,D., CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants and IN THE COURT OF COMMON PLEAS OF CUMBERLA~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-7228 CIVIL TERM JURY TRIAL DEMANDED IN RE: DEFENDANT CARLISLE HOSPITAL'S MOTION TO COMPEL AND NOW, a telephone conference with counsel, that the plaintiffs comply with the deadline: 1. A response to be forthcoming within ninety days. shall ORDER OF COURT this 20th day of March, 2003, following it is ordered and directed following discovery expert interrogatories shall 2. Ail other currently outstanding discovery be responded to within ninety days hereof. By the Court, Richard H. Wix, Esquire For the Plaintiffs Ke~ A. Hess, J. Stephen L. Banko, Jr., Esquire For Defendant Dr. Sedlack Kendra D. McGuire, Esquire For Defendant Carlisle. Hospital :bg &lO Mi/~sx~ Pa~d t,m~.m~, pA. 17501 Augu~ 10, 2003 I hav~ r~vi~i lh~ ma~rial thai yuu submin~d ~o m~ in g~ maU~ of C-l~-nt~$ vui~us S~tla~k, ~. AL I haw carefully ~ both th~ hospital ~ords and h~ sur~on's ~-posimio~ laparoscopi~ sMa-iai injury, ~am~ly tl~ applica~%on o! cup~ lll~ surs~on Is s~su~ ~ has solved ~ problem mud ll~ h~rnia repair proc~mds mmrmally. ouipali~ fa~dity, 1~ l'~ home only ~o r~tum Uaci~ m the nosp~ai cm~$,~cy room ~ ,his ~, I ~ ~ a b~ ~ ~y ~ a ~ ~ s~fi~ ~ p~ 17Wl~) c~ ~1 on ~ ~ a s~k~ ~ ~d ~civ o~ ~ ~n ~ ~ ~ o~b~ ~r ~ ~ ~ Thc pnticnt was handled with his c~mplication in a reasomble .ms~mn~,. ~ circumstances are ~--rtaiuly not 8ood in that ~ow the l~tient has a mass~v¢ bleedin{ episode thai h~s precipitated n cardiac episode and thc diff:~-ult~s now of l~,,~xploration Vulc~ ? 17-~?1,~259 ~-M~iL CROWIt" ~ ~s~DROS~N 08/2S/2003 13:0S ?17~52S2~0 ~IX WENGER ~ WEIDNER PAGE ~ I t~rsonally believ~ tim! an error such as causing a rr~siv~ bl~xi ~ ~ ~ of ~e~ ~ ~. No ~ ~w ~y t~ ~ ~ b ~. No ~ ~w g~d~ ~k~ ~ of~ ~, ~ ~ ~ of~ ~ m ~ ~ ~t ~ ~ ~ ~ ~t~ ~ a ~si~ bl~ ~ to a ~ ~ide~. I bclicvc that fl~ wonis 'lapamscopic s~gcry~ now cormotate son~ sort of magic. I~ should not. Lapawscopic approaches are just anotl~r optioi~. Like any option they carry risks and benefits. The charm oflapamscopic surgcry is oitcn the cause of misadventures I hold all of these beliefs to a reasonable cle~rcc of medical certainty. I would be more ths,~ happy to answcr any questions. I would be happy to testify. R/chnrd W'~, Esquire W'~x, Wen~er and Weidner 4703 Duke Steer Harrisburg, PA 17109 BB/26/2B03 13:BS 7176526298 WIX ~ENGER & WEIDNER ~SE ~5 CURRICULUM VITAE NAMe: ADDRESS: TELEPHONE: PLACE OF BIRTH: DATE OF BIRTH: PERSONAL DATA: EDUCATION: RESIDI~CY: G. Gary Kirc~, M.D. 610 Millcross Road Lancaster, PA 17601 (717) 371-3259 Lancaster, PA Janua.,'y 4, 1934 Married: Betsy Loui~ Shirk Kirchner Children: Mark William-03/24/63-United Arab Emirates Su~an Conn-3/27/64-Lanc~ter, PA John Shirk-7/26/66-Birmingham, AL Franklin &'~ C'.oll~g~ Lancaster, Peansylvnnia Degm.~: Bachelor of Science 1955 Graduated-June 13, ][955 Hah~mann Uniwr~ity Philadelphia, P~umylv~mia Degree: Doctor of M~dicine 1959 Graduated - June I 1, 1959 Lancas~r G~r~ral Hospital Imacas~er, Pennsylvania 1959/1960 Mayo Clinic, Mayo Foundation (Mayo Foumiation i~ a part of the [llmduat~ school of the University of M~nesota) 1960/1964 88/26/2883 13:86 7176526290 ~41× WKNGKN ,~ WE£DNKN NA~ ~b CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE TWO MILITARY SERVICE: DECORATIONS: PRACTICE EXPEBI~NCE: L~eutem~ Commander United States Navy Medical Corps 1966/1968 United States Naval Hospital Philadelphia, Pennsylvania Staff Surgeon U.S.S. Forr~stal CVA.,$9 Medical Officer National Defense Medal Republic of Vietnam Medal with Combat Star Vi~nam Campaign Medal Navy Commendation Medal Solo Practice of Surgery 203 E. Chestnut Street Lancaster, PA 1964/1968 Incorporated Practice of Surgery (s man Stoup) 131 E. Fr~lorick Stree~ Lancaster, PA 1968/1995 Incorporated Solo Practice 2106 I-Izrrisbu~g Pike, Suite 111 Lancaster, PA 1995/1997 Incorporated Solo Practice P.O. Box 149 Columbia, PA 1997-1998 08/2~/2003 13:0S 717&526290 ~4IX ~ENGER a HEIDNER PAGE CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE THREE HOSPITAL APPOINTMENTS: Medical StaffMember LancasterGeneralHospital Honorary S~aff Disaster Committee Chairman Surgical Care Appraisal Chairman Environmental Control[ Committee Quality Assurance Committee Chairman Executive Committee Joint Conf,~rence Committee 196511998 1999 1968/1977 1972/1977 1972/1980 1973/1980 1972/1980 1974/1985 1981/1985 1981/1985 1981/1985 Intern/Resident Education Committee 1968/1976 Depanmem of Surgery, 1978/1979 Vice.Chairman D~c~tment of Surgery; Chairman 1986/1989 Operating Room Committee 1977/1980 Operating Room Committee 1986/1989 Chairman Pharmacy/Therapeu~ic, s Committ~ 1983 88/2512883 13:05 717652~290 NIX NENGER ~; NEIDNER P~GE 0~ CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE FOUR Ad Hoc Commlttz~ Representing Lancaster Genzral Hospital To the Health Services Administration 1980 Cost Containment Cornmi~ Board of Laacaster General Hospital Joillt Velltul~ Commill;e,~ Board of L~nca~ter ~ Hospital Surgical Care Commillee LGH Susquehanna Division Jan. 1997 BOARD MEMBERSHIPS: Lancaster Strategic Planning And Marketing Committee 1995/1996 Visiting Nurse A~ociation Board of Directors 1989/1995 Lancaster Chamber of Commol'~ And Industry Board of Directors 1990/1992 Lancasmr Health Alliance Board of Diroctors 1989/1997 Alumni Bom'd Hahnemann University 1990/1996 Elected to LGH Foundation/Alliance Board of Directors March23, 1989 to 1997 08/2G/2003 13:0G ?l?G52G2~O WIX WENGE~ ~ WEIDNE~ PAGE CURRICULUM VITAE G. GARY KIRCHNBR, M.D. PAGE FIVE ORGANIZATIONS: CMC ORGAI~ZATIONS: Lancaster General Hospital-Su~uehanna Division Board of Trustees Sept. 1997 to Present Newly Elected Board Member of Music At G-roma 1999 Member of Advisory Board as HealthCare. Link's Director of Medical Information 1999 Member of Lancaster County Children and Youth Social Service Agency MDT Committee 1999 Fellow, American College of Surgeons Diplomat, American Board of Surgeons Fellow, International College of Surgoons Continental Surgical C. lub Phi Kappa Tau Social iFram'nity Phi Chi Medical Fraternity Lancaster Country Club lames T. Priestly Society of Mayo Clinic Rotary Club member 1.965=P~sent Rotary Club President.. 191t3/1984 Medical Bureau of Lancaster Past Cbnirman of the Board Groundhog Lodge of Q~atryviHe, PA Pirates Club North Museum Associates 7178526290 WIX WENGER ~ WEIDNER PAGE CURRICULUM VITAE G. GARY KIRCHNER, M.D. PAGE SIX CERTWICATIONS: Advanced Trauma Life Support-Provider Advan~d Trauma Life Support-Immaotor 01/1990 Laser Assist~l Lep~ros¢opic Cholecystectom¥ June 1990 Board Certified- June 14, 1965 Cer~ 13376 AWARDS AND HONORS: Rotary Club - Paul Harris Fellow Humane League of La. aster Achievement Award 1985 ACTIVITIES: Amateur R~dio Operator- WA3YES LICENSES: Minnesota- 1960-1965 Pennsylvania - 1960-Present STATE ORGAI~.ATIONS: Medical Advisory Committee South Ceu~l Pennsylvania Federation of Emersency Services General Surgery advisory Committee pennsylvs~ia Medical Society 1981-Present Keystone Peer Review Organization In~. PAPERS AND PUBLICATIONS: The Thoughtful Api~',!d~ectomi~t Revisited: L*_~sro~copic A~endectomy in a Community Hospital, American College of Surgeons, May 1994, Chory, Edw~d T.; Kirchner, G. Gary; Pontius, John G.; Purdy, Richard T.; Lancaster General Hospilal, Lancaster, PA. Use of U~mo~oh¥ in the Evalu~__ti. on of Blunt Abdomir~l. T~uma, jarowenko, Daleela 04 Young, William; Kirchner, G. Gary; Purdy, R~chard T.; Pontius, John 04 Heinle, Frederick; Snyder, Herbert; Newcomer, David; Bachamch, Matthew; H~ss, Robert; Herr, Mary Sue; Beyer, Frederick C. Retired from clinical practice of surgery December 31, 1998 CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU2'JTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: DISCOVERY ARGUMENT ORDER AND NOW, this 27th day of August, 2003, the plaintiffs having produced an expert report beyond the time limits allowed by our prior order, we will nonetheless permit the plaintiffs to proceed, but with the understanding that the plaintiffs' expert testimony is limited to that adduced to date. BY THE COURT, Richard H. Wix, Esquire For the Plaintiff Michael M. Badowski, Esquire For Defendant Dr. Sedlack K~. Hess, J. :rim Cyrus Greenberg and Louise Greenberg, His Wife V Jeffrey Sedlack, M.D. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7228 CIVIL TERM ORDER OF COURT AND NOW, December 11, 2003, counsel having failed to call the above case for trial, the case is stricken from the January 12, 2004 trial term. Counsel is directed to relist the case when ready. By the Court, ~chard H. Wix, Esquire For the Plaintiff ~lichael Badowski, Esquire For the Defendant Court Administrator ld Geo PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF C%~BE~ COUNTY Please list the following case: (Check one) ( X) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must he stated in full) CYRUS GREENBERG and LOUISE GREENBERG, his wife VS. JEFFREY SEDLACK ( Plaint iff) ( Defendant ) VS. ( check one ) ( ) Civil Action - Law ( ) Appeal frc~Arbitration (X) Malpractice (other) The trial list will be called on and February 17, 2004 Trials commence on March 15, 2004 Pretrials will be held on Feb. 25, 2004 (Briefs are due 5 days before pretrials. ) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. Civil 01 - 7228 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esq., Wix, Wenger & Weidner, 4'705 Duke Street, Harrisburg, PA 17109-3099 ID #07274 652-8455 Indicate trial counsel for other parties if known: Michael Badowski, Esq., Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011 This case is ready for trial. Date: 12/16/03 Print Name.. Richard H. Wix, Esq. Attorney for: Plaintiffs CERTIFICATE OF SERVICF AND NOW, this 16th day of December, 2003, I, Gaye Cdst, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Praecipe for Listing Case for Trial this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael Badowski, Esq. Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 WIX, WENGER & WEIDNER ~aye CO~t - CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT BEFORE BAYLEY, HESS AND OLER, j.j.1 ORDER AND NOW, this /$ * day of January, 2004, the motion of the defendant to preclude expert testimony and for summary judgment is DENIED. BY THECOURT, g/Richard H. Wix, Esquire For the Plaintiffs w4Vlichael M. Badowski, Esquire For Defendant Dr. Sedlack :rim q The Honorable J. Wesley Oler, Jr. did not participate in the decision of this matter. CYRUS GREENBERG and LOUISE GREENBERG, his wife, Plaintiffs VS. JEFFREY SEDLACK, M.D. and CARLISLE HOSPITAL AND HEALTH SERVICES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-7228 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED IN RE: MOTION TO PRECLUDE EXPERT TESTIMONY AND FOR SUMMARY JUDGMENT BEFORE BAYLEY, HESS AND OLER, J.J. MEMORANDUM AND ORDER In this case, the defendant seeks to preclude testimony firom G. Gary Kirchner, M.D. on the grounds that Dr. Kirchner's letter of August 10, 2003, is deficient. The deficiencies cited are that the opinions expressed appear to be based on personal belief rather than a reasonable degree of medical certainty and that the expert does not set forth specific instances or examples showing that Dr. Sedlack's conduct was beneath the standard of care. It is true that Dr. Kirchner's letter contains less detail than is customary. At this stage of the proceedings, however, we are satisfied that Dr. Kirchner's letter is adequate as a threshold matter. First, while he does state that certain conclusions are based on what he "personally eheve[s], he goes on to say that he holds all of these beliefs to a reasonable degree of medical 01-7228 CIVIL certainty." A fair reading of the first page of Dr. Kirchner's leller reveals his concern with the plaintiff's pre-operative risk factors. Given those risk factors, Dr. Kirchner opines that one of the options which should have been explored was "an open procedure done under local anesthesia thus eliminating cardiac stress of a general anesthetic." As the plaintiff observes, the matter of informed consent is very much an issue in this case. On the second page of his letter, Dr. Kirchner opines that the complications which resulted in this case would not have occurred in the absence of negligence. See Hightower-Warren v. Silk, 698 A.2d 52 (Pa. 1997). We agree with the defendant that Dr. Kirchner's report does not contain a specific reference to the standard of care or how that standard may have been breached in this case. These axe not the only claims, however, which have been raised by the plaintiffs. For that reason, we enter the following order. AND NOW, this ,,ff'~ ORDER day of January, 2004, the motion of the defendant to preclude expert testimony and for summary judgment is DENIED. BY THE COURT, Richard H. Wix, Esquire / For the Plaintiffs / Michael M. Badowski, Esquire For Defendant Dr. Sedlack :rlm 2 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and su~nitted in duplicate) TO THE P~DTHONOTARY OF ~RLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) CYRUS GREENBERG and LOUISE GREENBERG, his wife VS. JEFFREY SEDLACK, Plaintiff) ( Defendant ) VS. ( check one ) ( ) Civil Action - Law ( ) Appeal fromArbitration (X) MalDractice (other) The trial list will be called on and April 6, 2004 Trials corma~nce on Mav 3, 2004 Pretriais will be held on 4 / 14 / 04 (Briefs are due 5 days before pretrials. ) (The party listin9 this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) Indicate the attorneywhowill try case Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke Street, PA 17109-3099 ID#07274 652-8455 Indicate triaicounselfor other parties if known: Michael Badowski, Esq., Margolis Edlestein, 3510 Trindle Road Camp Hill, PA 17011 This case is ready for trial. Date: 2/9/04 Civil 01-7228 19 for the party who files this praecipe: Harrisburg, Print Name.- Richard H. Wix, Esq. Attorney for: Plaintiffs CERTIFICATE OF SERVICE AND NOW, this 9th day of February, 2004, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Plaintiffs, hereby certify that I served the within Praecipe for Listing Case for Trial this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Michael Badowski, Esq. Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 WIX, WENGER & WEIDNER Gaye C~tt 11. Cyrus Greenberg and Louise Greenberg, His Wife V Jeffrey Sedlack 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-7228 CIVIL TERM ORDER OF COURT AND NOW, February 23, 2004, by agreement of counsel, the above captioned case is hereby continued from the March 15, 2004 trial term. Counsel is directed to relist the case when ready. By the Court, v/Richard H. Wix, Esquire For the Plaintiff ~'Michael Badowski, Esquire For the Defendant Court Administrator ld CYRUS GREENBURG and LOUISE GREENBURG, his wife, Plaintiffs V JEFFREY SEDLACK, M.D., Defendants 4 - Hoffer : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7228 CIVIL TERM : JURY TRIAL DEMANDED George E. In this medical malpractice claim, Richard H. Esquire, represents the plaintiff, and Michael Badowski, represents the defendant. IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable Hoffer, President Judge, on Wednesday, April 14, 2004. Wix, Esquire, Plaintiff proceeds on two theories: One, no informed consent and, two, negligence in the performance of the medical procedure. Doctor Sedlack performed laparoscopic surgery to repair a hernia or hernias and plaintiff claims that, during the procedure, Doctor nicked the blood vessel. Plaintiff claims he was faulty in repairing that injury. Plaintiff was discharged and later the same evening was discovered to be bleeding internally and also suffered a heart attack in connection with this bleeding. Plaintiff's claim is for pain and suffering as well as additional medical expenses, in the amount ,Df at least an additional $10,000.00 in expenses. Plaintiff and defendant estimate the case can be tried in two and a half to three days, and each side has four 7228 Civil Term 2001 In Re: Pretrial Conference Page 2 challenges. Both sides intend to bring their experts in the courtroom live, and the Court cautions counsel that the Court cannot tolerate any delay in getting these experts into court. Mr. Badowski requests the Court to do its best to start the case on Wednesday so as to give his expert more leeway in appearing, hopefully on Thursday. By the Court, Richard H. Wix, Esquire 4705 Duke Street Harrisburg, Pa. 17109-3099 For the Plaintiffs Michael Badowski, Esquire 3510 Trindle Road Camp Hill, Pa. 17011 For the Defendant Court Administ~or Prothonotaryv :mtf CYRUS GREENBERG and LOUISE GREENBERG, His wife : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY SEDLACK, M.D. : NO. 2001 - 7228 CIVIL VERDICT QUESTION 1: Did Dr. Sedlack fail to obtain Mr. Greenberg's informed consent prior to performing surgery on November 20, 2000? YES o NO IZ. IF YOU ANSWER QUESTION #1 "YES," PROCEED TO QUESTION #2. IF YOUR ANSWER TO QUESTION #1 IS "NO", SKIP #2 AND PROCEED TO QUESTION #3. QUESTION 2: Was Dr. Sedlack's failure to obtain informed consent a substantial factor in Mr. Greenberg's decision to undergo the laparoscopic hernia repair procedure? YES NO IF YOU ANSWER QUESTION # 2 "YES," PROCEED TO QUESTION #5. IF YOU ANSWER QUESTION #2 "NO," PROCEED TO QUESTION #3. QUESTION 3: Do you find that Dr. Sedlack was negligent? YES O NO 12.. IF YOU ANSWER QUESTION #3 "YES," PROCEED TO QUESTION #4. IF YOU ANSWER QUESTION #3 "NO," PLAiNTIFFS CANNOT RECOVER. THE FOREMAN SHOULD SIGN AND DATE THE VERDICT SLiP AND YOU SHOULD RETURN TO THE COURTROOM. QUESTION 4: Was the negligence of Dr. Sedlack a factual cause in bringing about PlaintiffCyrus Greenberg's harm? YES NO 1F YOU ANSWER QUESTION #4 "YES," PROCEED TO, QUESTION #5. IF YOU ANSWER QUESTION #4 "NO," PLAINTIFFS CANNOT RECOVER. THE FOREMAN SHOULD SIGN AND DATE THE VERDICT SLIP AND YOU SHOULD RETURN TO THE COURTROOM. QUESTION 5: State the total amount of damages, if any, sustained by Plaintiffs. PLAINTIFF CYRUS GREENBERG PLAINTIFF LOUISE GREENBERG (Loss of Consortium) DATE: MAY ? ,2004 CASE NO.: q DOCKET NO.: OI - 5[~,~ Juror # Name I 37 9 28 3 34 4 22 6 12 ,~ 6 9 21 II 12 18 I?. 30 ~4 7 15 19 14 19 3 -- 20 15 21 2.3 212 25 4 26 36 27 9 2~ 17 COURTROOM NO.: DATE: ~' 3oOq Random No. CUDDEFORD, JOHN BURKETT, SARAH A BUTTERWORTH, CLARENC~F RAMSEY, LISA E. SIEGL, NICHOLAS TRAN, NHIEM Q EITER, LINDA K ~ BOYD, HURSHAL E HO'FMAN, ETSYL LEWELLEN, KEVIN W. GUALTIERI, MARC C. FECKO, JUNE E SONG, YONGYI KUTZ~ R~NALB ~ HAHN, DONALD IR ~ CA~OLL, SEAN P ~ ~NG~ JANET SHOEMAKER, HOLLY L. SILVA~ KATHY EVANS~ MARK -2039071204 -171O919253 -1186395714 -964554123 -869242904 -844490499 -829267793 -758378271 -749193020 -709731182 -6~76179 -329401639 -291356246 -129426034 -73871834 -39534496 127513210 544996305 637920098 685636467 1083590277 1255447824 1376012003 ~9995~62~ 1741882427 1779919463 1927792119 2091812152 Monday, May 03, 2004 Page 1 of 1 MICHAEL M. BADOWSK1, ESQUIRE Pa. Supreme Court I.D. No. 32646 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: Fax: E-Maih [717] 075-8114 [717] 975-6124 mbadowski@margolisedelstein.com Attorney for Defendant: JEFFREY SEDLACK, M.D. CYRUS GREENBERG and LOUISE GREENBERG, His Wife, Plaintiffs, VS. JEFFREY SEDLACK, M.D., and Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 7228 CIVIL TERM 2001 : JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter judgment on the Jury's Verdict which was rendered in favor of the Defendant and against Plaintiffs in the above-referenced matter on May 7, 2004. Attorneys for Defendant, JEFFREY SEDLACK, M.D. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the /~l.day of~-~f 2004, and addressed as follows: Richard H. Wix, Esquire WIX, WENGER & WEIDNER 4705 Duke Street Harrisburg, PA 17109-3099 (Attorney for Plaintiffs) By: MARGOLIS EDELSTEIN Secretat4~