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HomeMy WebLinkAbout04-4543 ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID No. : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E~mail: jmelil1o@angino~rovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW MEDMAL ACTION NO, 0 '1_ l../s''-!3 ~ PRESBYTERY OF NORTHUMBERLAND, JURY TRIAL DEMANDED INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF NORTHUMBERLAND, INe. tld/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N" Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pilginas siguientes, debe tomar accion dentro de veinte (20) dlas a partir de la fecha en que recibio la demanda y el aviso, Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avlsa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante, USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, V AY A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 7013 Telephone No. (800) 990-9108 or (717) 249-3166 Telefono No. (800) 990-9108 0 (717) 249-3166 __..,r......__., ANGINO & ROVNER, P.c. Joseph M. Melillo, Esquire Attorney ID No.: 26211 4503 North Front Street Harrishurg, P A 17110,1708 (717)238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@anginoMrovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs v, PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. t/d/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDMALACTION NO. 0 <J ,41543 C,;:;;.) T..t-- JURY TRIAL DEMANDED COMPLAINT I. Plaintiffs June and Donald Thompson are adult residents of Adams County, Pennsylvania, husband and wife, and the adoptive parents and guardians of Christina Thompson, a minor. Presbytery of Huntingdon, Inc., t/d/b/a Krislund Camp and Conference Center. II 18. At camp, Christina asked to sleep on a top bunk bed. 19. Christina began to experience hip pain while ascending and descending the ladder to the bunk on the first evening of camp and her leg was aching while walking to breakfast. 20. At lunch time, she walked with a very noticeable limp. Christina's leg really started to bother her and became very painful after lunch when she went swimming and then engaged in an activity that required that she climb a telephone pole and then descend. However, while Christina's pain was increasing with physical activity, she was not subject to any obvious trauma, nor did she experience an accident. 21. Christina was given a pep talk about everyone having aches and pains, and encouraging her to keep going. 22. After climbing the pole, Christina was told to go back to the campsite to eat dinner. While attempting to return to the campsite, she experienced severe pain in her right thigh, and one counselor helped her walk. A second counselor would not help and felt the first counselor should not help either. 23. Christina could not eat dinner because the pam was so severe that she felt nauseated. 24. Christina was carried to a car and driven to the camp's infirmary at 7:15 p.m. on the evening of June 25, where she came under the care of Defendant Lauren Ismailoff, R.N. 25. The records of care given to Plaintiff June Thompson document that Christina was having severe right hip/thigh pain, inability to walk, and was crying. 26. The records do not document any physical examination or whether any history of the hip pain was obtained by Nurse Ismailoff. 282987 4 27. At 7:30 p.m. Nurse lsmailoffprovided ice to the affected area and gave 200 mg of Ibuprofen, 28. At that time, Christina was still crying, insisted that she missed her mother, and wanted to return home. 29. At 7:45 p.m, Christina wrote a letter to her mother, the Plaintiff June Thompson, which indicated that she hurt her leg worse, could not move, had to be carried to the infirmary, that she missed her mother, and wanted to come home but could not. 30. At 8:15 p,m. Christina was still crying that it hurt too much to try and stand and that she wanted to go home, 31. At 8:30 p.m. Ibuprofen, 200 mg, was again provided, and an ace bandage wrapped around the right thigh for support. 32, At 8:45 p.m. Christina was able to sit on the side of the bed with assistance. With the assistance of two adults, she stood and was able to walk. However, she did not want to walk because of the severe pain but felt forced to do so. 33. Christina complained that the hip was still very painful and was encouraged to engage in deep breathing. 34. At 10:30 p.m. Defendant Nurse Ismailoff wrote that Christina walked with assistance out of the infirmary, around to the pool, and then was returned to the infirmary. Christina was crying with pain the entire time and given "lots of encouragement from counselors and campers." 35, At 10:45 p.m. Christina was driven back to her campsite by Reverend Williams and was told to sleep on a bottom bunk. 282987 5 " , 36. There is no indication that the Ibuprofen, ice, encouragement, or any other treatment had acted to reduce Christina's severe symptoms in any significant way. 37, Christina was not kept in the infirmary for observation overnight, nor was her condition checked by medical staff during the night. She was in severe pain and cried during the night. Christina wet her bed. 38. On June 26, 2001, at 7:00 a.m. a counselor arrived at the infirmary reporting that Christina had a "very bad night," was crying in pain, and asking for her mother so that she could go home. 39, It was reported to Nurse Ismailoff, or she observed, that Christina was unable to walk to the bathroom. As a result, Christina had wet her pants and was teased by the other campers, 40. Christina was again assisted to a car and driven to the infirmary, still crying in pain and expressing a desire to go home. 41. At 8:00 a.m. she was assisted to the bathroom and given crutches with instructions to use them. 42. Christina was thereafter given Ibuprofen, 200 mg, twice. 43. It appeared to Christina that Nurse Ismailoff and counselor Casey were losing patience with her requests for assistance. Christina had trouble sitting up, moving, and walking. 44. Nurse Ismailoff later provided crutches for Christina to walk to the bathroom and indicated that no other assistance would thereafter be provided. 45. Nurse Ismailoff asked Christina to walk out into the parking lot on the crutches, and Christina complied, 282987 6 ;) 46. Between 9:15 and 9:30 a.m., June Thompson was finally called and the events of the prior evening and that morning explained. Defendant Nurse Ismailoff told June Thompson that they normally do not send children back home, but Christina was crying and home sick and wanted to come home. 47. June Thompson inquired if Christina was complaining of any condition, and she was told my Nurse Ismailoffthat Christina had been complaining about her leg, had a fever, but that it was Nurse Ismailoff's opinion that she was just homesick. 48. The fever is not documented in the records provided to June Thompson. 49. June Thompson responded that Christina was not homesick, but needed to go to a hospital. 50. Defendant Nurse Ismailoff asked if Mrs. Thompson really meant that. 51. June Thompson requested the Christina be taken to a hospital. Nurse Ismailoff asked Mrs. Thompson to pick her up. 52. June Thompson indicated that she would come and get Christina Thompson as soon as she could, The trip from Gettysburg, where the Thompsons reside, to Krislund Camp took four hours, or longer. 53. Quick access to emergency medical care is available to the children of Krislund Camp. 54. Krislund Camp is in Centre County, Pennsylvania, and emergency medical care can be provided at Centre County Community Hospital, Williamsport Hospital, or at the Geisinger Medical Center in Danville. 282987 7 "I , 55. When speaking with Nurse Ismailoff, June Thompson requested that she summarize the events of the prior evening and that day. In response, before June Thompson left the camp to take Christina to the hospital, Nurse Ismailoff gave June Thompson handwritten notes attached hereto as Exhibit "A." 56, June Thompson arrived at Krislund Camp at about 2:00 p.m. Neither at that time, nor at any time previously, did Nurse Ismailoff offer to contact any local hospital or physician who may have been available to assist with medical problems of the camp's children. 57. Nurse Ismailoff indicated to June Thompson that she felt the child was exaggerating her symptoms and was just homesick. 58. June Thompson took Christina directly to the Carlisle Barracks Clinic, but it was closed, 59. June Thompson then took the child to Gettysburg Hospital emergency room. 60, Christina had been asleep in the car during the trip but upon arrival to the hospital found that she could not be moved without extreme pain, and she could no longer walk at all. 61. After examination, a pediatric surgeon, Dr. Trippe, related to June Thompson that her child suffered from the condition called unstable Slipped Capital Femoral Epiphysis (SCAFE). 62. Dr. Trippe told June Thompson that he had never seen such a severe case of SCAFE, that the required treatment was outside his expertise, and that he would contact three or four surgeons to find one who could operate on Christina as soon as possible. 63. SCAFE typically occurs during the adolescent growth spurt and IS most frequently seen in overweight children, 282987 8 64. In June of 2001, Christina was 11-years-old, undergoing her growth spurt, and was somewhat overweight for her height. 65. The prognosis for SCAFE is good if it is diagnosed and treated while still stable. 66. Slipped Capital Femoral Epiphysis which is unstable is a medical emergency. 67. An unstable Slipped Capital Femoral Epiphysis must be treated surgically within approximately 24 hours in order to reduce the risk of avascular necrosis and related complications. 68. Christina Thompson was initially seen in the emergency department of Gettysburg Hospital at 6:12 p.m. on June 26, 2001, admitted overnight for evaluation, and transferred at 8:25 a.m. via ambulance to Hershey Medical Center under the care of Dr. David Wallach, 69. Because of the degree of slippage and the complexity of the case, Christina was transported by ambulance to the Milton S. Hershey Medical Center where she came under the care of a specialized pediatric orthopedic surgeon, competent to perform the required surgery, Dr. Lee S. Segal. 70. Christina was admitted to Hershey Medical Center at 12:20 p.m. on June 27, 2001, and was in surgery later that day with Dr. Segal. 71. Following Christina's surgery, the right hip appeared stable, but the family was advised of the high risk of avascular necrosis because an unstable slip had not been addressed for over 24 hours after its onset. 282987 9 72. Christina Thompson has experienced numerous complications from her injuries to date, including severe avascular necrosis resulting in deterioration and collapse of the hip, and requiring multiple surgeries, 73. Christina has also been subject to inability to control her bladder and may in the future experience difficulty conceiving or delivering children. 74. Since the incident, Christina has been largely wheelchair bound, faces multiple surgeries in the future, and may experience other orthopedic complications as well. 75. Christina has been unable to participate in school since her illness in a normal fashion and has received homebound tutoring, 76. As a result of the Defendants' negligence, Plaintiffs June and Donald Thompson were forced to incur medical expenses in an effort to restore their daughter to health, and because of the nature of Christina's injuries, June and Donald Thompson will be forced in incur similar expenses in the future, and claim is made therefor. 77. As a result of the Defendants' negligence, Christina Thompson has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 78, As a result of the Defendants' negligence, Christina Thompson has been and in the future will be subject to great humiliation, embarrassment and disfigurement, and claim is made therefor. 79. As a result of the Defendants' negligence, Christina Thompson may in the future sustain a loss of earnings and a diminution of earning capacity, and claim is made therefor, 282987 10 I. 80. As a direct and proximate result of Defendants' negligent conduct, Plaintiffs have suffered compensable damages and loss, COUNT I Christina Thompson, a Minor, by June and Donald Thompson, Parents and Guardians, and.June and Donald Thompson, Individually v. Lauren lsmailoff, R.N. Presbytery of Northumberland, Inc., Presbytery Of Carlisle, and Presbytery of Huntine:don. Inc. t/d/b/a Krislund Camp and Conference Center; 81. Paragraphs 1 through 79 are incorporated herein by reference as if set forth in their entirety. 82, All of Plaintiffs' damages as hereinbefore related are the direct and proximate result of the negligence of Defendant Lauren Ismailoff, R.N., acting within the scope of her employment, agency, or apparent agency for Defendants Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Huntingdon, Inc. t/d/b/a Krislund Camp and Conference Center, in that she: a. failed to recognize that Christina's signs and symptoms were consistent with a serious orthopedic problem; b. failed to contact anyon-call physician to discuss the nature of Christina's signs and symptoms and whether she might require emergency medical assistance; c, failed to contact Centre County Community Hospital, Williams port Hospital, or Geisinger Medical Center, all of which are in geographical proximity to Krislund Camp; d. failed to arrange or recommend that Christina Thompson be taken on an emergency basis to any of the aforementioned hospitals; 282987 11 .___.~.__..~....... .k " " I. e. failed to contact Christina's parents, the Plaintiffs, prior to approximately 9:00 a.m. on June 26.; f. failed to elicit an adequate medical history of hip pain from Christina or her parents; g. failed to realize, after all initial treatment had failed on the evening of June 25, that Christina could weU be suffering from a serious orthopedic problem requiring immediate attention; h. compelled Christina to walk with assistance and with the aide of crutches, although the activity was quite painful and posed a distinct risk of aggravating the problem; 1. failed to monitor Christina during the night of June 25 through June 26, instead returning her to her bunk and leaving her without medical attention; j. failed to perform and document an adequate physical examination of the problem; k, came to a premature and unwarranted conclusion that Christina suffered from an emotional difficulty such as homesickness rather than a serious physical ailment; 1. failed to contact the physician who had signed the Report of Physical Examination of People of School Age, Dr. Reh, or one of his associates, for additional information about Christina's medical history; m. failed to document and consider the import of Christina's fever; n. failed to properly reassess Christina's condition or take any significant history during the morning of June 26; 282987 12 " o. failed to convey to June Thompson when she called that the child may be suffering from a serious orthopedic problem which required treatment at a local hospital rather than a lengthy trip back to Gettysburg; p. failed to arrange Christina's transportation to a local hospital on either June 25th or 26th; q. failed to follow proper protocols and procedures for assessing and dealing with a child exhibiting a severe orthopedic complaint, who was under the total and exclusive control of the camp's staff; r. violated the Professional Nursing Law, found at 62 P.S. ~ 211(1) which forbids a registered nurse, in the Commonwealth of Pennsylvania from making a medical diagnosis; s. violated regulations applicable to registered nurses, found at 49 Pa. Code ~~ 21.11 and 21.18, which require a nurse registered in the Commonwealth of Pennsylvania to provide an adequate nursing investigation of a patient's complaints, followed by an appropriate plan, before responding to the presenting symptoms. These regulations also require that a registered nurse properly document care of the patient, and refrain from undertaking a specific practice unless sufficiently prepared and competent to do so, WHEREFORE, Plaintiffs demand judgment against Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT 1 Christina Thompson, a Minor, by June and Donald Thompson, Parents and Guardians, and_June and Donald Thompson, Individually 282987 13 " I I v. Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Huntingdon, Inc. t/dlb/a Krislund Camp and Conference Center; 83. Paragraphs 1 through 81 are incorporated herein by reference as if set forth in their entirety, 84, All of Plaintiffs' damages as hereinbefore related are also the direct and proximate result of the negligence of the employees, agents, and apparently agents of Defendants Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Huntingdon, Inc. tldlb/a Krislund Camp and Conference Center, in that they: a. failed to report Christina's difficulties to Nurse Ismailoff prior to 7:00 p,m. on June 25, and may have neglected to fully inform Nurse Ismailoff of Christina's problems that day; b, failed to contact available physicians for consultation; c, failed to transport Christina to a nearby hospital for evaluation and treatment; d, failed to report any observations about Christina's difficulties during the night of June 25 through June 26, instead waiting until 7:00 a,m. on June 26 to transport her back to the infirmary; e, failed to contact Plaintiffs June or Donald Thompson concernmg difficulties Christina was experiencing from the time Christina arrived at camp until when the Thompsons were contacted by Nurse Ismailoff on the morning of June 26; f. failed to follow proper procedures, protocols, and requirements of law for protecting a minor under their total and exclusive control; 282987 14 r g. encouraged Christina Thompson to walk and engage in physical activities when it was or should have been apparent to them that she was not fit to do so; h. advised Christina Thompson that her reported problems were not serious. WHEREFORE, Plaintiffs demand judgment against Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINa & ROVNER, P.C. 9ll 9?7dJi h . Melillo, Esquire ,.' A me)' I.D. No, 26211 4 3 North Front Street Harrisburg, P A 17110 (717) 238-6791 Attorney for Plaintiffs Date: September 7, 2004 282987 15 VERIFICATION I, Donald Thompson, Plaintiff hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief, I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. W7~ (;:L~7!~~ DONALD THOMPSON Date: ~ tj 282795 VERIFICATION I, June Thompson, Plaintiff hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are made subject to the penalties of 18 Pa.C.S,A. ~4904, relating to unsworn falsification to authorities. WITNESS: tAr fZj? Date: f 6ft L/ 282795 :( ~ ;1- '" ~ p Ji ..... c- o, - "\ x"> .., - "'" 'I "\ "-- \r- --<> \ V c:;' r', J ~.'- C;-, <-, ,-" l.,'" _1':- c; ~ ..-1 'C. Iii 1 ;::") .Cl ,~ II'! ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID No.: 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jrnelillo@angino-rovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs v. PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. t/d/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDMAL ACTION NO. 04 - 4.54 ~ JURY TRIAL DEMANDED STIPULATION OF COUNSEL (}; Ul CTE/l..1?\. Counsel for all the parties in the above-captioned action stipulate and agree that the filing date for the instant case is the same as that filed to No. 2003-1457, Centre County, Pennsylvania. 282986 11 \ The parties also stipulate that any and all defenses that Defendants possessed at the time of the Centre County filing are fully available in the instant case filed in Cumberland County. sq 're Attorney L . No. 47243 Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Counsel for Defendants 282986 n ~ h..( QI1 @Jdt ~. Melillo, Esquire Attorney I.D, No. 26211 Angino &. Rovner, P.C. 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiffs 'I I' CERTIFICATE OF SERVICE AND NOW, this 13th day of September, 2004, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, p.e" hereby certify that a true and correct copy of the foregoing Requests for Production of Documents was sent to the following counsel of record by placing a copy of same in the first class, United States mail, postage pn:paid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 {!&Jl:i:J Kathy A. oney ~ 2 O";i -, . '" o.:..:.J C::l ....- en I';.:.":, -(; C) -n --< ~.T -"'i h\,,~; \":J!l:q ::.1 r" .'') , ~;:~ ~.!-:~ !-"}...,.=.:" :~.~ fr'~ '....' ---I J:"~ ....... -, .,- N o w MARGOLIS EDELSTEIN Rolph Kroll, Esquire Attorney ID No,: 47243 P,O. Box 932 Harrisburg, PA 17108-0932 (717)975-8114 FAX (717)975-8124 Attorneys for Defendants E.mail: rjkroll@margolisedelstein.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs v. PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. t/d/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDMAL ACTION NO. 04-4543 Civil Term JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I accept servIce of the Complaint on behalf of Defendants, Presbytery of Northumberland, Ine., Presbytery of Carlisle, and Presbytery of Huntingdon, Inc. t/dlb/a 283383 Kris\und Camp and Conference Center, and Lauren Ismai\off, R.N., and verify that I am authorized to accept service for them. Respectfully submitted, Date: 283383 CERTIFICATE OF SERVICE AND NOW, this 15th day of September, 2004, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true 1md correct copy of the foregoing Requests for Production of Documents was sent to the following counsel of record by placing a copy of same in the first class, United States mail, postage pmpaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 <,..- ..~ :::.? .r.- '--J (') ~:; CrJ ;~ or', ~ ~, c:::.:> co, ..;;::~ (~~ !:n' " C) .','/ ROLF E. KROLL, ESQUIRE Pa. Supreme Court J.D. No. 47243 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court J.D. No. 84176 MARGOLIS EDELSTEIN 3510 Toodle Road Camp Hill, P A 17011 Telephone: Fax: Email: [717] 975-8114 [717] 975-8124 rkroll@magolisedelstein.com Attorneys for: DEFENDANTS CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually, Plaintiffs IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4543 v. CIVIL ACTION - LAW PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF NORTHUMBERLAND, INC. t/dIb/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants WRY TRIf\L DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS. TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Presbytery of Northumberland, Inc., Presbytery of Carlisle, Presbytery of Northumberland, Inc. t/d/b/a Krislund Camp and Conference Center (hereinafter "Krislund"), and Lauren Ismailoff, R.N., by and through their counsel, Margolis Edelstein, to Answer the Complaint of Plaintiffs, and in support thereof aver the following: I. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 1 11. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 13. Admitted in part, denied in part, It is admitted that Dr. Reh completed and signed paperwork relating to Christina Thompson's attendance at the camp. However, these documents being writings, speak for themselves and, accordingly, no responsive pleading thereto is required. 14. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 16. Denied. Christina Thompson was limping upon her arrival at Krislund Camp on June 24, 200 I. Further, individuals at the camp were a ware that Christina had been limping previous to that time. Christina's mother, June Thompson, had informed these individuals that Christina had injured her hip at "field day" near the end of the school year. Further, June Thompson had informed these individuals that Christina had seen a doctor for her "injury" and it had been diagnosed as a probable minor muscle pull, nothing serious. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to 3 the truth of the remainder of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 17. Denied. This averment of Plaintiffs' Complaint refers to a writing which speaks for itself and accordingly, no pleading thereto is required. 18. Admitted. 19. Admitted in part, denied in part. It is admitted that Christina experienced hip pain while at the camp. However, it is denied that Christina's hip pain began while at camp. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 20. Admitted in part, denied in part. It is admitted that at times Christina walked with a noticeable limp. However, Christina was walking with a limp prior to coming to camp. In addition, while it is admitted that Christina complained that her leg was painful with physical activity, individuals at the camp were aware that the pain was apparently related to the injuries suffered at her school's "field day" at the end of the school year. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 21. Admitted in part, denied in part, It is admitted that Christina was given words of encouragement. However, it is denied that this averment accurately depicts all of the conversations had between individuals at the camp and Christina. 4 22. Admitted in part, denied in part. It is admitted that Christina complained of pain after attempting to climb the pole. It is also admitted that at times Christina required assistance to walk, apparently due to that pain. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to Ithe truth of the remainder of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 23. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 24. Admitted in part, denied in part. It is admitted that Christina was taken to the camp's infirmary that evening where she came under the care of Lauren Ismailoff, R.N. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder ofthe averments in this paragraph of Plaintiffs' Complaint, and the same is accordingly denied. 25. Denied. The treatment records are documents which speak for themselves and, accordingly, no responsive pleading thereto is required and same is denied. 26. Denied. Following conversations with minor Plaintiff and her parents, a history of right leg pain was developed, secondary to an old injury. Further, the treatment records are documents which speak for themselves and, accordingly, no responsive pleading thereto is required. 27. Admitted in part, denied in part. It is admitted that the treatment record contains a 7:30 p.m. entry which reads: "Ibuprofen 200 milligrams, ice to area, resting in bed, supine. 5 Crying, misses mom, wants to go home." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. 28. Admitted in part, denied in part. It is admitted that the treatment record contains a 7:30 p.m. entry which reads: "Ibuprofen 200 milligrams, ice to area, resting in bed, supine. Crying, misses mom, wants to go home." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. 29. Admitted in part, denied in part. It is admitted that the treatment record has an entry timed at 7:45 p.m., which reads: "Christina writing a letter to mom." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. After reasonable investigation, Defendants are without knowledge or information to form a belief as to the truth of the remainder of the averments in this paragraph of Plaintiffs' Complaint and the same is accordingly denied. 30. Admitted in part, denied in part. It is admitted that the treatment record has an entry timed at 8:15 p.m., which reads: "Counselor returned. Christina crying, it still hurts too much to try and stand. Wants to go home," Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. 31. Admitted in part, denied in part. It is admitted that the treatment record has an entry timed at 8:30 p.m., which reads: "Ibuprofen 200 milligrams repeated. Ace wrap to right thigh for support." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. 32. Admitted in part, denied in part. It is admitted that the treatment record contains an entry timed at 8:45 p.m., which reads: "Assisted to sit on side of bed. Assisted to stand and 6 walk with two adults. Complained it is still real painful. Deep breathing encouraged." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading is required. Further, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments in this paragraph of Plaintiffs' Complaint and same is therefore denied. 33. Admitted in part, denied in part. It is admitted that the treatment record contains an entry timed at 8:45 p.m., which reads: "Assisted to sit on side of bed. Assisted to stand and walk with two adults. Complained it is still real painful. Deep breathing encouraged." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required, Further, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of this averment. 34. Admitted in part, denied in part. It is admitted that the treatment record contains an entry timed at 10:30 p.m., which reads: "Have assisted Christina to walk out ofthe infirmary, around to pool area, look through telescope and return to porch of infirmary. Christina crying with pain the entire time. Also, encouragement from counselors and campers. Pastor Williams with us the entire time." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. 35. Denied. The averments contained in this paragraph of Plaintiffs' Complaint are denied generally, pursuant to Pa.R.C.P. No. 1029(e). 36. Denied. The averments contained in this paragraph of Plaintiffs' Complaint are denied generally, pursuant to Pa.R.C.P. No. 1029(e). 7 37. Admitted in part, denied in part. It is admitted that Christina was not kept in the infirmary for observation overnight, and that her condition was not checked by medical staff during the night. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the remainder of the averments of this paragraph of Plaintiffs' Complaint and same are therefore denied. 38. Admitted. 39. Admitted in part, denied in part. It is admitted that it was reported to nurse Ismailoff that Christina was unable to walk to the bathroom and had wet her pants. The remainder of the averments of this paragraph of Plaintiffs' Complaint are denied generally, pursuant to Pa.R.C.P. No. 1029(e). 40. Admitted. 41. Admitted in part, denied in part. It is admitted that the treatment record contains an entry timed at 8:00 a.m., which reads: "Assisted to bathroom, given crutches with instructions to use. Demonstrated back to nurse, she can use them without leaning on axilla area. Ibuprofen 200 mg x2 given." Further, the treatment record is a documtmt which speaks for itself and, accordingly, no responsive pleading thereto is required. 42. Admitted in part, denied in part. It is admitted that the treatment record contains an entry timed at 8:00 a.m., which reads: "Assisted to bathroom, given crutches with instructions to use. Demonstrated back to nurse, she can use them without It~aning on axilla area. Ibuprofen 200 mg x2 given." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required and same is denied. 8 43. Admitted in part, denied in part. It is admitted that Christina had some trouble walking. It is denied that Nurse Ismailoff or Casey lost patience with the minor Plaintiff. 44. Admitted in part, denied in part. It is admitted that the treatment record contains an entry timed at 8:00 a.m., which reads: "Assisted to bathroom, given crutches with instructions to use. Demonstrated back to nurse, she can use them without leaning on oxilla area. Ibuprofen 200 mg x2 given." Further, the treatment record is a document which speaks for itself and, accordingly, no responsive pleading thereto is required. Further, the remainder of the averments in this paragraph of Plaintiffs' Complaint are denied generally, pursuant to Pa.R.c.P. No. 1029(e). 45. Denied. This paragraph of Plaintiffs' Complaint is denied generally, pursuant to Pa.R.c.P. 1029(e). 46. Denied. This paragraph of Plaintiffs' Complaint is denied generally, pursuant to Pa.R.C.P. 1 029( e). By way of further answer, Nurse Ismailoff called June Thompson because of Christina's continued complaints of pain at approximately 8:30 a.m. on June 26, 2001. Nurse Ismailoff advised Mrs. Thompson that Christina needed to be seen by a physician and questioned Mrs. Thompson as to whether Mrs. Thompson would prefer to take Christina to a physician of Mrs. Thompson's choice or have the camp take Christina to a local physician. 47. Denied. This averment of Plaintiffs' Complaint is denied generally, pursuant to Pa.R.C.P, 1029(e). By way of further answer, Nurse Ismailoff called June Thompson to report the status of Christina's condition. It is specifically denied that the purpose of the call was to advise that she was homesick, nor was homesickness believed to be the cause of her hip pain. Strict proof to the contrary is demanded at trial. 9 48. Denied. This averment of Plaintiffs' Complaint refers to a writing which speaks for itself and, accordingly, no responsive pleading is required. 49. Denied. This averment of Plaintiffs' Complaint is denied generally, pursuant to Pa.R.C.P. 1029(e). By way of further answer, see answer to paragraph 47 hereof. 50. Denied. It is specifically denied that Nurse Ismailoff ever questioned Mrs. Thompson as to whether Christina really needed to go to a hospital. To the contrary, the purpose of Nurse Ismailoffs call to Mrs. Thompson was to advise that Christina needed medical attention. 51. Denied. This averment of Plaintiffs' Complaint is denied generally, pursuant to Pa.R. C.P. I 029( e). By way of further answer, see answers to paragraphs 46 and 47 hereof. 52. Denied. This averment of Plaintiffs' Complaint is denied generally, pursuant to Pa.R.C.P. 1029(e). After reasonable investigation, Defend:mts are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 53. Admitted. 54. Admitted. 55. Admitted in part and denied in part. It is admitted that June Thompson requested a written summary of the events that had transpired at the camp. This document was provided to Mrs. Thompson which, being a writing, speaks for itself and is the best evidence of all it contains and accordingly, no responsive pleading to this allegation of PIa ill tiffs' Complaint is required. 10 56. Denied. This paragraph of Plaintiffs' Complaint is specifically denied as being factually inaccurate. By way of further answer, paragraphs 46, 47 and 50, are incorporated herein by reference as if set forth in full. 57. Denied. This paragraph of Plaintiffs' Complaint is denied generally, pursuant to Pa.R.c.P. 1029(e). By way of further answer, paragraphs 46 and 47 are incorporated herein by reference as if set forth in full. 58. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 59. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 60. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of this avennent. 61. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 62. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 11 63. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 64. Admitted in part, denied in part. It is admitted that in June of2001, Christina was 11 years old. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 65. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 66. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 67. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 68. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 69. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 12 70. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 71. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 72. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 73. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 74. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 75. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs' Complaint and the same are accordingly denied. 76. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no responsive pleading thereto is required, 77. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no responsive pleading thereto is required. 13 78. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no responsive pleading thereto is required. 79. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no responsive pleading thereto is required. 80. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no responsive pleading thereto is required. COUNT I Christina Thompson, a Minor, by June and Donald Thompson, Parents and Guardians, and June and Donald Thompson, Individually v. Lauren Ismailoff, R.N. Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Northumberland, Inc. t/d/b/a Krislund Camp and Conferen<:e Center 81. Paragraphs I through 80 hereof are incorporated herein by reference as if set forth in their entirety. 82a-s. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no responsive pleading thereto is required. It is specifically denied that the care and treatment provided to Christina Thompson by Lauren Ismailoff, R.N., was in any way negligent. At all times relevant hereto, Lauren Ismailoff, R.N., provided care and treatment consistent with the applicable nursing standard of care. Further, it is denied that Lauren Ismailoff, R.N. was acting within the scope of her employment, agency, or apparent agency for Defendants, Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Northumberland, Inc., t/d/b/a Krisland Camp and Conference Center. WHEREFORE, Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiffs with costs of suit assessed to Plaintiffs. 14 COUNT I [sic] Christina Thompson, a Minor, by June and Donald Thompson, Parents and Guardians, and June and Donald Thompson, Individually v. Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Northumberland, Inc. t/dlb/a Krislund Camp and Conference Center 83. Paragraphs 1 through 82 hereof are incorporated herein by reference as if set forth in their entirety. 84a-h. Denied. This allegation of Plaintiffs' Complaint constitutes a conclusion of law and accordingly, no pleading thereto is required, By way 0 f further answer, it is denied that Defendants, Presbytery of Northumberland, Inc., Presbytery of Carlisle, and Presbytery of Northumberland, Inc. t/dIb/a Krislund Camp and Conference Center, or their employees, agents, and apparent agents, were in any way negligent in their care and treatment of Christina Thompson. WHEREFORE, Defendants respectfully request this Honorable Court enter judgment in their favor and against Plaintiffs with costs of suit assessed to Plaintiffs. NEW MATTER 85. Paragraphs I through 84 hereof are incorporated herein by reference as if set forth in their entirety. 86. Plaintiffs' Complaint fails to state any claim upon which relief can be granted as against Defendants. 87. To the extent currently applicable, or to the extent that it can later become applicable, Defendants plead the statute of limitations to preserve this affirmative defense for the record. 15 88. At all times and for all purposes material to the events set out in Plaintiffs' Complaint, Defendants acted appropriately in providing care and treatment to Christina Thompson, which was commensurate with the standard of care applicable under similar circumstances. 89. To the extent that discovery or the evidence at trial may establish that Plaintiffs' were negligent and that such negligence caused or contributed to cause the injuries and damages of which Plaintiffs' complain, Defendants expressly reserve the right to assert t he affirmative defense of contributory/comparative negligence and or assumption ofthe risk. 90. To the extent that Plaintiffs suffered any injuries or damages as alleged in the Complaint, which is specifically denied, Defendants aver that any such injury or damage was the result of the acts or omissions of third parties for whom the Defendants are in no way liable. 91. To the extent that Plaintiffs sustained any injury or damages complained in the their Complaint, Defendants in no way, negligently or otherwise, caused or contributed to cause any such injury or damage. 92. Plaintiffs' allegations of negligence against Defendants are without reasonable basis in fact or medicine and may constitute an abuse of civil process. 93. The injuries and damages claimed by Plaintiffs are the natural and progressive result of Christina Thompson's medical condition, and not the result of any negligence by Defendants. 94. Defendants claim and assert all defenses preserved by the Stipulation of Counsel oattached hereto as Exhibit "A." 16 95. Defendants raise all affirmative defenses available under the Medical Care, Availability and Reduction of Error (MCARE) Act and the Pennsylvania Health Care Services Malpractice Act, as a limitlbar to Plaintiffs' claims. Respectfully submitted, MARGOLIS EDELSTEIN By: Date: I {-3"'0 'f RolfE. Kroll, E uire ~tty. LD. #47243 ShaUll J. Mumford" squire, Atty. LD. #84176 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Attorneys for Defendants 17 ~ y ~\ blf i ? ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ill No. : 26211 4503 North Front Street Harrisburg, P A 1711 0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@angino-rovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LA W MEDMAL ACTION NO. v. JURY TRIAL DEMANDED PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. t/d/b/aKRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISM.AILOFF, R.N., Defendants STIPULATION OF COUNSEL Counsel for all the parties in the above-captioned action stipulate and agree that the filing date for the instant case is the same as that filed to No. 2003-1457, Centre County, Pennsylvania. 282986 The parties also stipulate that any and all defenses that Defendants possessed at the time of the Centre County filing are fully available in the instant case filed in Cumberland County. (\ ~~ Q?? Wl.J~tl Jo~ph)\1. Melillo, Esquire Attorney LD. No. 26211 Angino &. Ro'v-ner, P.C. 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel fix Plaintiffs R fKroll, Attorney 1. ,No. 47243 Margolis Ede13teh'1 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Counsel for Defendants 282986 CERTIFICATE OF SERVICE AND NOW, this 13th day of September, 2004, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Requests for Production of Documents was sent to the following counsel of record by placing a copy of same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 VERIFICATION I, Steve Cort, have read the foregoing Answer with New Matter which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date U-\ . ~ /iY-L ~~ ~1~L\ Steve Cort 1 VERIFICATION I, Lauren Ismailoff, R.N., have read the foregoing Answer with New Matter which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date: 10 k-sJD q I f 1 CERTIFICATE OF SERVICE I am an authorized representative of Margolis Edelstein, hereby certify that I have served a true and correct copy of the foregoing document upon all counsel and parties of record this !JfS;;' day of J{~Mr.fjt , 2004, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph M. Melillo, Esquire 4503 North Front Street Harrisburg, P A 17110-1708 /\ ~ By: ~ (fC\N \~ ---- Corinne N. Driver (-~ ,"'. - -i -<. ~-....> ) , ., o -q :;:1 h~"7J 1"- ;1] "', ,-_J ( , I .'1 (-,) ~-r' ~.ri >.:"j ,....:J., ;;.:{ 1:1:'; =< .~ ') r 4-:'" "~..' .~ r".' " ~:- ANGINO & ROVNER, P.C. Joseph M. Melillo, Esquire Attorney ID No. : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@angino-rovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LA W MEDMAL ACTION NO. 04-4543 Civil Term v. JURY TRIAL DEMANDED PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. tJd/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants CERTIFICATE OF MERIT AS TO LAUREN ISMAIL OFF, R.N. I, Joseph M. Melillo, Esquire, certify that: (XX) a licensed registered nurse has supplied a statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice, or work performed by Lauren Ismailoff, R.N., and that is the su~ject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. Plaintiff's treating pediatric orthopedic physician, a licensed professional practicing medicine at the Milton S. Hershey Medical Center, signed a statement included with Plaintiff's medical records that Christina was subject to a high risk of avascular necrosis with an unstable slip because the slip was not addressed until over 24 hours after the injury occurred; OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. AN GINO & ROVNER, P.C. Date: November {;l 5 , 2004 /" I \ I i ~. // 'i . 'Y7 I ? / i' ~ /~&<-- \,)~:n \C~. ~el 'Ie JOJ'#. . Melillo A'96r&y I.D. No. 26211 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 23rd day of November, 2004, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Requests for Production of Documents was sent to the following counsel of record by placing a copy of same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, P A 17108-0932 ~~ Kathy A. To ey . 288662 - -,. 2 ~ 0 '5? -n <::" a ~-n -oCr' rl"~ u)rD ;c: ...s.:..- _.J ' N -00 '""7"t; ::Oc th .;~ w 0 -.<.. " ~~-?, ~C' ~ - '5 ~. %0 :x om y:Q ~ -\ C. ...,"" -7 ~ ~ C.w --l '1 I- ANGINO & ROVNER, P.c. Joseph M. Melillo, Esquire Attorney 1.D. No. 26211 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmellillo@angino-rovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON and DONALD THOMPSON, individually Plaintiffs v. PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. tJd/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants THE COURT OF COMMON PLEAS UMBERLAND COUNTY, P A IVIL ACTION - LAW EDMAL ACTION O. 04-4543 Civil Term RY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW come Christina Thompson, a mmor, by June and Donald Thompson, Plaintiffs, by and through their attorneys, Angino & Rovner, P.c., by Joseph M. Melillo, Esquire, and replies to the New Matter of Defendants as follows: 85. No response required. 288583 I 86. Defendants state a conclusion of law to which no response is required. 87. Defendants state a conclusion oflaw to which no response is required. By way of further response, Plaintiffs have initiated an action within the applicable time limitations. 88. It is denied that the Defendants acted appropriately for the reasons set out in Plaintiffs' Complaint. 89. Defendants state a conclusion oflaw to which no response is required. By way of further response, Plaintiffs and Christina Thompson, at all relevant times, exercised due care. 90. Defendants state a conclusion of law to which no response is required. By way of further response, Defendants' negligence constitute a factual cause of Plaintiffs' injuries for the reasons stated in Plaintiffs' Complaint. 91. Denied. See reply to Paragraph 90, above. 92. Denied. Plaintiffs' allegations of negligence are and will be fully supported by factual and expert testimony. 93. Denied. The injuries and damages sustained by Plaintiffs were factually caused by the negligence of the Defendants as stated in the Complaint. 94. Defendants state a conclusion of law to which no response is required. 95. Defendants state a conclusion oflaw to which no response is required. 288583 I I WHEREFORE, Plaintiffs demand judgment against Defendants. Respectfully submitted, ANGINO & ROVNER, P.c. Vh~U/ . Melillo A ey I.D. No. 26211 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Attorney for Plaintiff Date: November 22, 2004 288583 VERIFICATION I, Joseph M. Melillo, Esquire, counsel for the Plaintiffs, am authorized to make this verification on behalf of said Plaintiffs, and the facts set forth in the foregoing PLAINTIFFS' REPL Y TO NEW MA TIER are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: November 22, 2004 1'. '" I , '/ i. C )/1,,'1 <.>"''')/7~,' / / J~W~. ~e~i;lo, ~sq~r~~L ~/ 278165-1 ~. CERTIFICATE OF SERVICE rrd AND NOW, this ;)') day of li0t1e~"~2004, I, Kathy A. Toney, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Rolf Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, P A 17108-0932 ~ti2 Kathy A.1'oney ~ 288583 ... . ... 0 1"0..) 0 <:::;) C C:::> -11 < ';",~ -l:'" --"()f,'" :z :r:n r~.: f (J I ..0::: rn,- ;,::1' L N -0 f1'1 (~:! / ~.O? .z;:- ''') -". . ~=:1 0 ~{~~ , --,.' -or. ;:r::., () :!J Jj~i ~k; .,~() 00 orrl -'--4 -.>.. ;r,. ..<- =< ..1:- __.r1 '-fI """ DICKIE, MCCAMEY & CHILCOTE, P.C, BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY ID, NO, 27594 BY: THOMAS M, CHAIRS, ESQUIRE ATTORNEY ID, NO. 78565 1200 Camp Hill Bypass, Suite 205 CampHill,PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ATTORNEY FOR DEFENDANT, LAUREN ISMAILOFF, R.N. CHRISTINA THOMPSON, a minor, by JUNE and DONALD THOMPSON, parents and guardians, and JUNE THOMPSON, and DONALD THOMPSON, indiv)dually, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERI,AND COUNTY, P A NO. 04-4543 v CIVIL ACTION - : MEDICAL PROFESSIONAL LIABILITY ACTION PRESBYTERY OF NORTHUMBERLAND INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF NORTHUMBERLAND INC. tldfb/a KRISLUND CAMP AND CONFERENCE CENTER, LAUREN ISMAIL OFF, R.N. Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE. TO THE PROTHONOTARY: Please enter the appearance as Co-Counsel on behalf of Defendant, Lauren Ismailoff, R.N., with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAME CHILCOTE, P.C. Date: February 4, 2005 / /./7 U // FranciSE/Marshall, Jr.0(s 're Supr~n'ie Court 1. D. #27594 Thomas M, Chairs, Esquire / / Supreme Court 1.D. #78565.' 1200 Camp Hill Bypass, Stiite 205 CampHill,PA 17011-3700 (717) 731-4800 Attorney for Defendant, Lauren Ismailoff, R,N / / By: CERTIFICATE OF SERVICE AND NOW, this 4th day of February, 2005, I, Francis E. Marshall, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing Entry of Appearance upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Bv First-Class Mail: Joseph M. Melillo, Esquire Angino & Rovner, jP.c. 4503 North Front Street Harrisburg, PA 17110 (Attorney for Plaintiffs) RolfE. Kroll, Esquire Margolis Edelstein P.O. Box 932 3510 Trindle Road Camp Hill, P A 17011 (Attorney for Defendant, Krisland Camp & Conference Center) Francis E. r~" -,"\ .--" ,:,) \ .,.1 ~-- '-, ;'\ ,'-;;\ (~i C~) . ANGINO & ROVNER, P.C. Joseph M, Melillo, Esquire Attorney ID No, : 26211 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: jmelillo@angino.rovner.com CHRISTINA THOMPSON, a minor, by JUNE and DONALD TIIOMPSON, parents and guardians, and JUNE THOMPSON and DONALD TIIOMPSON, individually Plaintiffs v. PRESBYTERY OF NORTHUMBERLAND, INC., PRESBYTERY OF CARLISLE, and PRESBYTERY OF HUNTINGDON, INC. tld/b/a KRISLUND CAMP AND CONFERENCE CENTER; LAUREN ISMAILOFF, R.N., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW MEDMALACTION NO. 04-4543 Civil Term JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END . - TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. Respectfully submitted, ANGINO & ROVNER, P.C. Date: August 28, 2006 Jo . Melillo A orney 1.0. No. 26211 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff II .11 CERTlnCATEOFSERVICE AlJG.cJST" AND NOW, this 28th day of Set*e.mbe:l, 2006, I, Kathy A. Toney, an employee of the law firm of Angina & Rovner, P.C., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the first class, United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark Morrison, AUSA U.S. Attorney's Office Federal Building 228 Walnut Streets, Suite 200 Harrisburg, P A 17108 Rolf Kroll, Esquire Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 Francis E. Marshall Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 d4t~d:~''Y 'Kathy A. oney o <;; 'f".,. -0 l:,", , ~~~; \.c 7 ,!} . r.>'t '""'- ......,.. ?, '~'t:: ;..-~ c:: -z, :::.<. \ \ \ \ \ ';:5 ~ ~ G") ~ ~ .. 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